If the owner was with it, he shall not make restitution; if it was hired, it came for its hiring fee.
These laws are, I. Concerning trusts, Exo 22:7-13. If a man deliver goods, suppose to a carrier to be conveyed, or to a warehouse-keeper to be preserved, or cattle to a farmer to be fed, upon a valuable consideration, and if a special confidence be reposed in the person they are lodged with, in case these goods be stolen or lost, perish or be damaged...
Commenting on Exodus 22:7-15
But if the owner thereof be with it,.... When it is hurt or dies; for in some cases the owner might go along with his beast, being borrowed or hired to do work with it; or, however, being upon the spot, must be satisfied that it was not ill used; and it may be reasonably presumed he would do all he could to preserve it...
[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. (g) He that hired it shall be free by paying the hire.