This verse is probably an extension of the law in verses 7 and 8, even though Revised Standard Version and Good News Translation set it off as a new paragraph. It does not follow the usual casuistic form of “If … then.” For every breach of trust therefore may be understood to refer back to the situation in verse 7, where someone entrusts some of his possessions to another for safekeeping. Literally the text says “upon every matter (davar) of revolt,” which American Standard Version translates as “For every matter of trespass.” In this context, however, it means “a dispute about property” (Good News Translation). One may also express this as “In every case where two people claim to own the same property.”

Whether it is for ox, for ass, for … begins a list of different kinds of “property,” each item connected by the preposition for, meaning “over” or “concerning.” For ox and ass see the comment at 21.33. Sheep translates the word for a “flock-animal” (Durham), meaning either a sheep or a goat. Clothing refers to a mantle or a garment. This same word is used in 22.26. Or for any kind of lost thing is literally “over any lost [thing],” with the word thing understood. New Revised Standard Version has “or any other loss,” and Good News Translation has “or any other lost object.”

Of which one says, ‘This is it’ is literally “which he will say indeed it [is] this.” New Revised Standard Version now has “of which one party says, ‘This is mine.’ ” New American Bible has “where another claims that the thing is his,” and Translator’s Old Testament, “which each of them claims to be his.” The situation seems to be that the owner mentioned in verse 7 has returned to claim what he had entrusted to his neighbor, but the neighbor now insists that it is his own “property” (Good News Translation).

The case of both parties, literally “the matter [davar] of the two of them,” is the subject of the verb phrase, shall come before God. Since a case, in some languages, cannot come by itself, it may be changed to the passive: “the dispute shall be brought to God” (Translator’s Old Testament). New American Bible avoids the passive, “both parties shall present their case before God,” and New International Version has “both parties are to bring their cases before the judges.” (See the comment on the previous verse.)

He whom God shall condemn has the Hebrew verb for “declare” in the plural. This is unusual even though the word ʾelohim is plural in form. In most cases where ʾelohim clearly refers to God, the verb is singular. So New International Version and Contemporary English Version have “the judges” deciding the case (so also King James Version, New American Standard Bible). New Jerusalem Bible has “the party whom God pronounces guilty,” and Revised English Bible has “the one whom God declares to be in the wrong.” In languages that must use direct speech with a declarative verb, one may say, for example, “The person to whom God says, ‘You are guilty,’ must pay….” Shall pay double to his neighbor means that he “must make twofold restitution to the other” (New American Bible).

Alternative translation models for this verse are:

• In every case where two people claim to own the same ox, donkey, sheep, or clothing, or any other lost object, they shall take the two claimants to the place where people worship God. There the one whom God declares to be guilty shall pay double to the other one.

• … Then the judges must decide the case, and whomever they declare guilty must pay double to the other person.

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 .