Charles Ellicott Commentary Exodus 22:8

"If the thief be not found, then the master of the house shall come near unto God, [to see] whether he have not put his hand unto his neighbor`s goods." — Exodus 22:8 (ASV)

To see whether he have put his hand. —Kalisch translates, to swear that he has not put his hand, and so the Septuagint (καὶ δμεῖται) and Vulgate (et jurabit quod non extenderit manum).