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Most of the commentators (relying, perhaps on Exodus xxii, 3) assume that this was the customary punishment for theft among the ancient Hebrews. Razi, however, suggests that this last sentence may not be a part of the brothers' answer but a confirmatory remark made by the Egyptian herald, meaning, "[In fact,] thus do we [Egyptians] requite the doers of such wrong".
We must try to picture to ourselves the mentality of the ten. They understood each other perfectly, in their sins as well as in other things. For themselves, the search held out no fears. Besides they had had no opportunity of stealing. But what of that young fellow Benjamin? They were ready to believe anything against him, the more so as the Wazir's partiality for him had lent a keen edge to their jealousy. Judging by their own standards, they would not be surprised if he had stolen, seeing that he had had such opportunities-sitting at the High Table and staying with the Wazir. They felt very self-righteous at the same time that they indulged in the luxury of accusing in their thoughts the most innocent of men! Supposing he had stolen, here would be a fine opportunity of getting rid of him. What about their solemn oath to their father? Oh! that was covered by the exception. He had done for himself. They had done all they could to protect him, but they were powerless. The old man could come and see for himself.
This was their family custom. It was of course long anterior to the Mosaic Law, which laid down full restitution for theft, and if the culprit had nothing, he was to be sold for his theft (Exod. xxii. 3). But here the crime was more than theft. It was theft, lying, and the grossest abuse of confidence and hospitality. While the ten felt a secret satisfaction in suggesting the penalty, they were unconsciously carrying out Joseph's plan. Thus the vilest motives often help in carrying out the most beneficent plans.