13 If it be torn in pieces, then let him bring it for witness, and he shall not make good that which was torn.
14 And if a man borrow ought of his neighbour, and it be hurt, or die, the owner thereof being not with it, he shall surely make it good.
15 But if the owner thereof be with it, he shall not make it good: if it be an hired thing, it came for his hire.
These verses conclude the matter of a man’s goods being lost, stolen, or destroyed while loaned to another man. Verse 13 is still speaking specifically for an animal that is loaned and then destroyed. It states that if the animal is torn to pieces by a wild creature, producing the remnants of the body shows that the borrower of the animal has not stolen, sold, or butchered the animal. It has been utterly wasted, with no profit to the borrower, and so that man is guiltless. It is the same as if the unfortunate act had destroyed the beast while still under the original owner’s care.
That idea is further advanced in verses 14 and 15, where it is pointed out that if one man is borrowing the animal, but at the time of wounding or death the original owner is also present, then there is no restitution to be made. This makes sense, as the original owner’s interest over the creature and protective sense to it would still be in force, even while the other man was borrowing it, and so if the animal was compromised anyway it was either because the original owner was being neglectful or because there was nothing that could have been done to prevent the harm. If, for example, the borrower wanted to make a beast of burden carry a particularly heavy load, and the owner was there and allowed it, and then the animal collapsed, it would be the owner’s fault for allowing it to happen. But if the owner is not there, then it was solely the borrower’s poor judgment that is to blame, and so he must make restitution.
The nuance and breadth of provision in these laws is very impressive. They show a deep understanding of human life, and the many different manners and forms in which misfortune occurs, and a clear recognition of where blame rests for each instance. While there will always be unique, in-between situations, a simple examination of the two laws that stand on either side of that situation would give the judge the proper limits of justice. He could then exercise his personal judgment between those bounds, and the potential for malpractice would therefore be limited.