Commentary for Exodus 22:10
שְׁבֻעַ֣ת יְהוָ֗ה תִּהְיֶה֙ בֵּ֣ין שְׁנֵיהֶ֔ם אִם־לֹ֥א שָׁלַ֛ח יָד֖וֹ בִּמְלֶ֣אכֶת רֵעֵ֑הוּ וְלָקַ֥ח בְּעָלָ֖יו וְלֹ֥א יְשַׁלֵּֽם׃
the oath of the LORD shall be between them both, to see whether he have not put his hand unto his neighbour’s goods; and the owner thereof shall accept it, and he shall not make restitution.
Rashi on Exodus
שבעת ה׳ תהיה THEN SHALL THE OATH OF THE LORD BE BETWEEN THEM BOTH — i. e. he (the bailee) must take an oath that the case was as he says (that it died or was injured or captured), and also that he had not previously put forth his hand against it (the object), using it for his own purposes. For if he had thus “put forth his hand” and afterwards some accident, as described, happened to it he is held liable for loss by accident (Bava Metzia 94b), since he has broken the terms of the contract. —
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Or HaChaim on Exodus
בין שניהם, between them both. The Torah implies that both the person rendering the oath and the one causing the oath to be sworn are punishable should the owner be aware that the keeper plans to swear falsely.
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Rashbam on Exodus
שבועת ה' תהיה בין שניהם, as a result, the trustee is not held responsible for accidents, i.e. superior force against which he could not have prevailed.
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