But if, literally “And if [ʾim],” continues the law of verse 7. If it is stolen from him is literally “And if stolen it is stolen from him.” The emphatic form of the verb is used here as in 21.12. The it refers to “the animal” (Good News Translation, Contemporary English Version), but him is ambiguous. New American Bible assumes it refers to the owner: “But if the custodian is really guilty of theft.” Good News Translation, by omitting from him, suggests the same thing from the context. But it is more likely that the him refers to the custodian, not the owner. New International Version is clear: “But if the animal was stolen from the neighbor” (see verse 10). And Translator’s Old Testament has “If the animal is stolen while it is in custody.”
He shall make restitution to its owner means that the man who was keeping the animal “must repay the owner” (Good News Translation). Since he was the custodian, he was responsible for the animal. Therefore, even if someone else had stolen the animal from him, the custodian would have to “repay the owner.”
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 .
