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By Rabbi Carl M. Perkins:
Parashat
Mishpatim
February 1, 2003
If you encounter your enemys ox or donkey
straying,
you must surely return it to him.
If you see the donkey of one who hates you crouching under its burden,
and would refrain from helping him,
you shall nevertheless help, surely help with him.
Exodus 23: 4-5
Do not look upon the ox of your brotheror
his sheepwandering away
and hide yourself from them.
You are to return, yes, return them to your brother.
If your brother is not close to you,
or you do not know who he is,
you shall bring it home and it shall remain with you
until your brothers inquiry.
Then you shall give it back to him.
You shall do the same with his donkey.
You shall do the same with his garment.
And so too shall you do with anything
that your brother loses and you find:
You must not remain indifferent. Do not look upon your brothers
donkey or ox fallen on the road,
And hide yourself from them.
You must surely help him raise it.
Deuteronomy 22: 1-4
When it comes to returning a lost animal, it
makes no difference whether it is an ox or any other animal, as
it is written,
and so shall you do with anything that your
brother loses (Deut. 22:3). If so, why does the text refer
to an ox? Because the text refers to the commonplace.
(B. Bava Kamma 54b). (For it is the practice of oxen to graze
in the field, and they are likely to wander off and be lost. Torah
Temimah)
Come and hear: If a friends donkey requires unloading, and
an enemys requires loading, ones first obligation is
toward ones enemy, in order to subdue his evil inclination.
(B. Bava Metzia 326)
If you encounter. I might understand this in its literal sense,
yet the next verse says, If you see. But then again, I might understand,
If you see, to mean, even at a distance of a mile, but the previous
verse says, If you encounter.
How then can these passages be maintained? The
sages established an arbitrary measure of two fifteenths of a mile
(i.e., 1,000 cubits), that is to say, a ris (i.e., 133 feet). (Mechilta,
Kaspa 2). You shall bring it home (Deut. 22:2).
The animal found must be such as is usually brought home. This excludes
an injured one. And it shall be with you, that is, in your possession.
Until your brothers inquiry about it. You must find out whether
your brother is a deceiver or not. Another interpretation: Until
your brothers inquiry. Until public announcement has been
made about its loss. And you shall give it back (literally, restore
it) to him. The animal found must be such as pays for its keep by
its work, and not one the keep of which would entail a loss.
(Mechilta, Kaspa 2)
If he finds it in a stable, he has no responsibility
toward it; in the street, he is obliged.
If one unloads and
loads, unloads and loads, even four or five times, he is still obligated,
because it is written, you shall help, surely help with him.
If the owner of the animal went, sat down and said, Since
the obligation rests upon you, if you desire to unload, unload!
he is exempt, because it is said, with him; yet, if the owner was
old or infirm, he is required to do it himself.
Rabbi Yosi the Galilean said, If the animal bore more than its proper
burden, then a passerby has no obligation toward the owner, because
it is written, If you see the donkey of one who hates you crouching
under its burdenwhich means, a burden which it would ordinarily
be able to bear.
(M. Bava Metzia 2:10)
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