If the thief is not found uses ʾim again for If, meaning that this is still a part of the law of verse 7. The owner of the house is exactly what the text says, but this refers to “the man who was keeping the valuables” (Good News Translation) of verse 7. The implication is that they were stolen from his house.

Shall come near to God is literally “and he will be brought near to the ʾelohim.” The “and” (we-) marks the main clause of this casuistic law. The translation of haʾelohim (“the ʾelohim”) here presents a problem, for the word itself has a plural form. This can mean that he “must appear before the judges,” as some translations interpret it (King James Version, New American Standard Bible, New International Version, Contemporary English Version), and this seems more likely in the light of verse 9. (See the comment there.) New Revised Standard Version still translates “before God” but acknowledges in a footnote that it can also be translated “before the judges.” Good News Translation‘s “the place of worship” is also possible. (See the comment at 21.6.) Durham’s “the Presence of God” suggests a similar interpretation.

To show whether or not is literally “if not,” with the idea of to show added. Some translate “to determine” (New Revised Standard Version, New International Version), “to declare” (New Jerusalem Bible), or “for it to be ascertained” (Revised English Bible). He has put his hand to his neighbor’s goods means, as Good News Translation puts it, that he has “stolen the other one’s property.” The word here for goods is different from the word used in verse 7, but it means the same thing.

It is not clear just how the person’s guilt or innocence was to be determined, but Good News Translation interprets this as “there he must take an oath.” New American Bible also has “to swear.” This probably means that the person had to swear before God, in the presence of God’s representatives (judges), that he was innocent. In some languages this may be expressed as “make a strong statement before God [or, with God as a witness] that….” (See verse 11 on “an oath by the LORD.”) Some scholars believe, however, that the expression, “drawing near to God,” has cultic implications that the people expected God himself to determine whether the person was guilty or not. This may have been made known through the priests or even the judges in some form of ritual or by drawing lots. Contemporary English Version‘s translation of haʾelohim as “some judges” suggests that judges were involved: “some judges will decide if you are the guilty one.”

Alternative translation models for this verse are:

• But if they do not find the thief, they must bring the person who was keeping the valuables to the place of worship. There he must make a strong statement, with God as his witness, that he has not stolen his neighbor’s valuables.

• But if they do not catch the thief, they must take the person who was keeping the valuables before the judges, and the judges will decide whether he stole his neighbor’s valuables or not.

Quoted with permission from Osborn, Noel D. and Hatton, Howard A. A Handbook on Exodus. (UBS Helps for Translators). New York: UBS, 1999. For this and other handbooks for translators see here .