Shabbos Parashas Ki Seitzei - 5776

Shabbos Parashas Ki Seitzei - 5776

Rabbi Hal Miller

You shall not see the ox of your brother or his sheep cast off, and hide yourself from them;

you shall surely return them to your brother. [Devarim 22:1]

Rambam tells us that there are 72 mitzvos in this week's parsha, more than any other.

Nechama Leibowitz says that this justifies a discussion of the purpose of mitzvos in

general. Rav Hirsch kicks off this discussion, "This chapter begins with a group of laws in

which three fundamental principles are laid down for the general civic and business life."

His first principle is the "fraternal solidarity of all for the protection of each person's possessions"

which he applies first to a corpse. A human body is not the person himself, but merely a

physical possession. Just as we relate the body to the owner and care for it after death, so

we must relate other possessions to the owner and care for them while they are in our

temporary possession.

We first see a mitzvah along these lines in Shemos [23:4]. Ramban lists a number of

expansions on that mitzvah here. The words "cast off" replace "wandered", which he tells

us means that an animal that goes far away from its owner must be returned even though

it may be more difficult than one that wanders only a short distance. Our verse adds sheep,

donkeys, and garments, then says "any lost article". He also notes that we are not obligated

to travel to distant lands to return something.

This last point teaches that there are limits to the commandment to return things. With

animals, we are obligated to feed them, but may expect reimbursement. Should the cost

of feeding or caring for lost objects exceed their value, we should sell them and return

the value when the owner is identified. We see this regarding chometz just before Pesach.

Another law comes forth from this: we are not obligated to hand over the property to

someone who comes and claims it, merely because he claims it. We have the right, and

in fact duty, to ascertain with reasonable certainness, that this is in fact the proper owner.

If we give it to someone who is not the owner, we have failed in our duty to the real

owner, therefore we may demand proof from the claimant that he is truly due this item.

What comes of these first few verses is a series of rules for how to behave in interpersonal

transactions. Even though we gain nothing personally from stepping forward to care for

someone else's property, this is what we are commanded to do. One could make the

argument, "if I take care of this, someone else will take care of mine should I lose it",

but that is not the purpose. That would imply a gain. This commandment says, do it

for G-d's sake, not your own.