Commandments · Positive commandments

To adjudicate the laws regarding an unpaid guardian

#371 Positive commandment Exodus 22:6

The cited verse

The Hebrew (Masoretic Text)

אִם־לֹא יִמָּצֵא הַגַּנָּב וְנִקְרַב בַּעַל־הַבַּיִת אֶל־הָאֱלֹהִים

In Maimonides’ words

How Maimonides defines this commandment in his Sefer HaMitzvot — his own words, shown as a primary source.

היא שצונו בדין שומר חנם. והוא אמרו יתעלה כי יתן איש אל רעהו כסף. וכבר התבארו דיני מצוה זו בפ"ט מקמא וממציעא וח' משבועות. (ואלה המשפטים, הלכות שאלה ופקדון בחמשה פרקים):

That is that He commanded us about the law of the unpaid guardian. And that is His, may He be exalted, saying, "When a man gives to his neigbor money" (Exodus 22:6). And the laws of this commandment have already been explained in Chapter 9 of [Bava] Kamma and of [Bava] Metzia and 8 of Shevuot. (See Parashat Mishpatim; Mishneh Torah, Borrowing and Deposit 1-5.)

Hebrew: Sefer HaMitzvot, Warsaw 1883 (public domain). English: Sefaria Edition, trans. Rabbi Francis Nataf, 2021 (CC0). Via Sefaria; translator’s footnotes omitted.

Literary form: a case law — "if X, then Y"

Applicability

How the catalog describes where and when this commandment applies. These are independent descriptions, not a verdict on which laws still count.

  • Recorded as practiced today

Classical halakhic consequences

The consequences the classical halakhah attaches to this commandment, grouped by who imposes them. Where a category has none recorded, that absence is itself meaningful.

Imposed by a court

No court-imposed penalty is recorded.

At the hands of Heaven

No divinely-imposed consequence is recorded.

Ritual remedy

No ritual remedy is recorded.

How the streams of Judaism treat this commandment

The streams of Judaism read the same commandment differently — an ongoing plurality, not a ranking. Each position below is reported as the catalog records it; none is presented as the correct one.

  • Orthodox Binding
  • Conservative Binding, with modification
  • Reform Kept as an ethical principle
  • Reconstructionist Kept as an ethical principle
  • Karaite Binding

24 of 613 commandments have been examined in depth so far — this one is queued.

How later traditions received this commandment

How later traditions read or reworked this commandment, each attributed to its own voice. The catalog’s own classification of each reception is shown as it records it, never adopted as GEBible’s.

Philo of Alexandria

  • De Specialibus Legibus 4.30-38 rationalized it

Josephus

  • Ant. 4.285-288 reinterpreted it

The Qur'an and hadith

  • Q 2:283 carried a parallel

Beside the older legal codes of its world

The commandment set beside the ancient Near-Eastern legal collections scholars compare it to — a descriptive comparison, not a claim of dependence.

  • code of hammurabi deposit/bailment liability and false-claim penalties Relationship to the parallel: parallel with divergence §§120-126 Roth, Law Collections 2nd ed. (1997)
  • code of hammurabi requirement of witnesses for valid deposit Relationship to the parallel: parallel with divergence §122 Roth, Law Collections 2nd ed. (1997)
  • code of hammurabi double compensation for denied witnessed deposit Relationship to the parallel: direct parallel §124 Roth, Law Collections 2nd ed. (1997)
  • laws of eshnunna liability of custodian for entrusted goods, resolved by exculpatory oath Relationship to the parallel: parallel with divergence §§36-37 Roth, Law Collections 2nd ed. (1997)

Where this commandment meets modern human-rights frameworks

One modern normative lens, attributed to it — not GEBible’s assessment. Each row names the framework it measures against and the catalog’s own classification of the relation.

This framework catalogues tensions; it records agreement in only one of its entries. The near-total tension rate is the shape of the instrument, not a finding.

No tension with the catalogued modern frameworks is recorded here.

Source & licence

The commentary, cross-references, reception, and modern-conflict analysis in this section are drawn from a public compilation of the 613 commandments, licensed under CC BY-SA 4.0. The cited biblical text is rendered from GEBible’s own public-domain reading corpus. CC BY-SA 4.0 (opens in a new tab). GEBible’s presentation of this material is offered under the same CC BY-SA 4.0 terms.