Tanach · Rishonim on Tanach · Ramban · Torah
Ramban on Exodus 22:7/רמב"ן על שמות כ״ב:ז׳
אוְטַעַם אִם לֹא שָׁלַח יָדוֹ בִּמְלֶאכֶת רֵעֵהוּ עַל דַּעַת רַשִׁ"י שֶׁיִּקְרַב אֶל הָאֱלֹהִים לִשָּׁבַע שֶׁלֹּא שָׁלַח יָדוֹ בְּשֶׁל חֲבֵרוֹ. וְהַנָּכוֹן שֶׁיִּקְרַב אֶל הָאֱלֹהִים לִשָּׁבַע שֶׁנִּגְנַב כְּמוֹ שֶׁהוּא טוֹעֵן, אִם לֹא שָׁלַח הוּא יָד לְהִשְׁתַּמֵּשׁ לְצָרְכּוֹ בִּמְלֶאכֶת רֵעֵהוּ, כִּי הַשּׁוֹלֵחַ יָד בְּפִקָּדוֹן נַעֲשֶׂה עָלָיו גַּזְלָן וְחַיָּב בָּאֳנָסִין:
1WHETHER HE HAVE NOT PUT HIS HAND UNTO HIS NEIGHBOR’S GOODS. In the opinion of Rashi this means that the guardian is to come before the judges to swear that he has not put his hand to his fellow-man’s goods [i.e., that he is not guilty of embezzlement]. The correct interpretation is that he is to come before the judges to swear that it was stolen and thus substantiate his claim, but he can only swear thus if he did not put his hand to make use of his neighbor’s goods, for he who puts to his own use what had been left in his keeping is answerable for it as if he were a robber, and is liable to make restitution even if it was lost through an unavoidable accident.217