Exodus 22:7-15

Next we have four cases involving property held in custody. In the Hammurabi Code the penalty for losing or allowing a thief to steal what someone else had committed to one’s trust was death [Note: Ibid., section 9.] as was falsely accusing someone of this crime. [Note: Ibid., section 11.] The Torah required only twofold payment in both situations (Exodus 22:9).

Second, if what someone entrusted to his neighbor for safekeeping perished by accident (Exodus 22:10-13) the neighbor was not responsible to make restitution. This was the law under the Code of Hammurabi too. [Note: Ibid., sections 263-67.]

Third, if someone borrowed something and it then suffered damage or it died (Exodus 22:14-15 a) the borrower was responsible to make restitution. This was the procedure unless the owner (lender) was present when the damage or death took place. In that case the lender was responsible for his own property.

Fourth, if someone rented something and then damaged it or it died (Exodus 22:15 b) the borrower was not responsible to make restitution since the fee he had paid covered his liability. The Code of Hammurabi specified no liability in either of these last two instances. [Note: Ibid., section 249.]