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97

DEUTERONOMY | 22:3 brother — DEUT1107 It should be noted that in the idolatrou...

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cited Be'er HaGolah commentary on the Shulchan Arukh, taught that Rav's permission to keep a Gentile's lost object was no longer applicable: "Rav made this remark with reference to actual idolaters ...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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Source KeyTELVOL2
Verse22:3
Keyword(s)brother
Source Page(s)272

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