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DEUTERONOMY — 22:3 brother

DEUT1107 It should be noted that in the idolatrous societies in which Jews lived during the time of the Bible and the Talmud, non-Jews were not required to return lost objects to Jews. Even so, the Talmud records the view of Rabbi Pinchas ben Yair that "in a place where a desecration of God's name might result [which would probably be the case if the idolater knew that a Jew had found his possession] it is forbidden to keep a lost article" (Bava Kamma 113b). Such views influenced later codifiers of Jewish law. Although ruling that Jews should keep lost objects of idolaters, Maimonides also teaches that a Jew who returns a lost object so as to sanctify God's name is to be praised ("Laws of Robbery and Lost Objects" 11:3). For centuries after Maimonides, Rabbi Moshe Rivkes (seventeenth century), author of the previously cited Be'er HaGolah commentary on the Shulchan Arukh, taught that Rav's permission to keep a Gentile's lost object was no longer applicable: "Rav made this remark with reference to actual idolaters ... but not to non-Jews today who accept the Creator and whose moral code includes returning lost property" (see his commentary to Choshen Mishpat 266:1). In the early twentieth century, Rabbi Baruch Ha-Levi Epstein (1860 – 1941), author of the classic work Torah Temimah, wrote that since contemporary non-Jews observe the "Seven Laws of the Sons of Noah" (see page 405n), then," without any doubt the law [regarding how to act towards them in monetary and other matters of justice] is identical in all respects to that which applies to a Jew" (commentary on [this verse], note 22).

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DEUTERONOMY — 22:3 him

DEUT1109 R. Yochanan said in the name of R. Shimon b. Yehotzadak: "which shall go to lost from him": what is "lost" to him, and "found" to you, you must publicize; but what is not "lost" to him and "found" to you, you need not publicize. This excludes [from the obligation to publicize] objects to whose loss the owner is resigned, such objects being "lost" both to him and vis-à-vis others [as objects identified within owner] (Yerushalmi Bava Metzia 1:1)

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DEUTERONOMY — 22:3 ignore

DEUT1110 "You may not ignore it" [The verse discusses returning a lost object to its owner.] We have been admonished herein not to be lax in helping recover another person's money [or property], whether they are movable possessions or land, as our Sages, z"l, said (Bava Metzia 31a), "You shall do the same for any of your brother's lost articles' [this verse] -- this comes to include the loss of land." For example, if one sees his neighbor's land threatened by flooding, he must elect a barrier against it. We are also exhorted to attempt to rescue our fellowmen and to devise ways to help them in their time of need, as the pasuk states (Vayikra 19:16), "You must not stand by while your fellow man's blood is being shed." Shlomo said (Mishlei 24:10), "If you were faint on the day of trouble, your strength will be constricted." What this means is: if it is within your power to save someone through advice or effort, and you make it seem as if you have no ability or strength [to do so]--your strength will be constricted, measure for measure. Following this the pasuk says (ibid. 12), "Lest you say, 'Indeed, we did not know this!' The One who dwells within the hearts, He understands, and the Guardian of your soul, He knows, and He repays man according to his work." So we see that one who refrains from saving [another] and from devising ways of helping [him], Hashem regard this as [that person's] "work" [I.e. as if he has actively sinned.]

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DEUTERONOMY — 22:3 indifferent

DEUT1111 (Continued from [[LEV862]] Leviticus 20:26 apart LEHRMAN 66). Instructive is the Rabbinic interpretation of the concluding words lo tukhal lehitalaym -- "thou mayest not hide thyself" of [this verse]. In the Torah, the words lo tukhal refer both to physical, as well as to moral inability. A good example of the former is in Exodus xviii. 18: "Thou will surely wear away, both thou, and this people that is with thee; for the thing is too heavy for thee. Thou art not able to perform it thyself alone." The Hebrew reads: kee kaved mimecha hadavar, lo tukhal asehu levadecha. It is obvious from the context that not being able, in this instance, means sheer physical inability. On the other hand, the inability mentioned in [this verse], of not turning "a blind eye" to the stray ass or lost article of "thy brother", can only refer to moral inability. For physically it is possible to do so; moral compunctions, however, make this impossible. The word tukhal, though strictly unnecessary in this context, was inserted to emphasize the moral compunction and the religious imperative. "Thou art not (morally) able to hide thyself." Physically you can. To all outward appearances you can. But being an ethical command, you may not and must not hide yourself. (Continued at [[DEUT678]] Deuteronomy 14:21 eat LEHRMAN 67).

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DEUTERONOMY — 22:4 brother

DEUT1113 This tells me only of "the ass of your brother." Whence do I derive [as included in the mitzvah] the ass of your foe? From (Exodus 23:5): "the ass of your foe." If so, why is it written [here] "Your brother"? Scripture speaks anent the evil inclination [i.e., "Assist not only the ox of your brother, but even the ox of your foe -- above the protestations of your evil inclination] (Sifrei)

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DEUTERONOMY — 22:4 help

DEUT1114 ... it is clearly forbidden in all cases to pray that another person die. This is so even if one is praying only that some misfortune befall an enemy. Torah commands, for example, that if you see the mule of one who hates you collapse under its burden and you refuse to help, you will be abandoned just as you abandoned the animal (this verse). Torah is concerned here that you not cause the animal's owner any material loss. How much more is Torah concerned that you not cause your enemy to lose his life. ... There is another prohibition involved, namely, that this kind of curse, in fact any curse of one's fellow, is forbidden. This is so even if done without explicitly naming the intended victim. In fact, if one pronounces a curse on another by name, the cursor is flogged. Hayyim Palaggi, Responsa Hikkeke Lev, Terumah 4b; Maimonides, Mishneh Torah-Book of Judges, "Sanhedrin" 26:1.

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DEUTERONOMY — 22:4 help

DEUT1117 We must help someone with a heavy load. 1) If you see someone who needs help in loading or unloading an animal, you are obligated to help him. Failure to do so is a violation of a Torah prohibition. (Choshen Mishpot 272:1). 2) The Chinuch (540-1) adds that the same applies when we see a person carrying a load that he is unable to handle himself. Therefore, if you see someone carrying a heavy package or suitcase, you should give him a helping hand. 3) If someone needs help loading an animal, and another person needs assistance in unloading an animal, you are obligated to help unload first. The reason for this is that when it is necessary to unload, the animal also suffers. The Talmud (Bava Metzia 32b) states that even so, if your friend needs aid in unloading and someone you dislike needs aid in loading, you must help your enemy first in order to overcome your evil inclination (Choshen Mishpot 272:10). When you aid someone you dislike, your actions will have an effect on your feelings and you will begin to feel love toward that person. (Michtav MaiEliyahu, vol. 1, p. 37). The Minchas Chinuch (80) explains that although this will lengthen the period of suffering of the animal, it is nevertheless permissible. We are permitted to utilize an animal for our physical needs even if the animal might suffer, although we are forbidden to needlessly cause an animal to suffer. All the more so, we are permitted to passively let an animal suffer for a spiritual need, such as overcoming hatred toward a fellow man. 4) If an elderly person or a scholar who would not load or unload an animal for himself sees someone who needs help, he is not obligated to do for someone else what he would not do for himself. If a Torah scholar wants to go beyond the letter of the law and help, there is a difference of opinion as to whether he is permitted to do so. (Choshen Mishpot 272:3). 5) You are obligated to help the same person as many times as needed. (ibid. 272:4). 6) The Aruch Haschulchan (Chosen Mishpot 272) writes that because of this commandment we are obligated to help someone if a wheel of his wagon breaks and he needs assistance in fixing it. This has a very practical application today. Many people are unable to fix flat tires on cars by themselves. It is a very great service to help someone who is stranded on the road with a flat tire. 7) If several people are traveling together on donkeys and the foot of one donkey is injured and therefore it goes much slower than the rest, the travelers are not permitted to go ahead of the rider of the injured donkey. If, however, the injured donkey is completely unable to travel, the others are permitted to continue. (Choshen Mishpot 272:12). The same would apply if several people are traveling together in wagons when there are a number of wagons, each holding a few people. If one wagon is delayed because something needs to be repaired, the other wagons must wait for that wagon. (SMA, Choshen Mishpot 272:20)

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