Comentario sobre Deuteronómio 22:1

והתעלמת [THOU SHALT NOT SEE ANY OF THY BROTHER'S HERD … GO ASTRAY] AND HIDE THYSELF [FROM THEM] — i.e. one, as it were closes his eyes tight as though one does not see it.

THOU SHALT NOT SEE THY BROTHER’S OX OR HIS SHEEP RUNNING AWAY. This is a commandment explanatory of what He stated in the Torah, If thou meet thine enemy’s ox or his ass going astray, thou shalt surely bring it back to him again.¹²²Exodus 23:4. Here he added [that the commandment to return lost property refers also to an animal that was] running away, for going astray¹²²Exodus 23:4. implies that it merely strayed from its path and he can turn it [back] into the path without great effort; and now he mentioned running away, meaning that it escaped from him and is distant from the owner. He mentioned the term sheep for that is liable to be lost,¹²³Psalms 119:176: I have gone astray like a lost sheep. and therefore he explained here, And if thy brother be not nigh unto thee, and thou know him not, then thou shalt bring it home to thy house.¹²⁴Verse 2. He stated, And so shalt thou do with his ass,¹²⁵Verse 3. Ramban attempts to show why each particular loss is specified by Scripture. He explains that in each case we may have reason to think that its return is not required either because it would be too inconvenient for the finder or not important enough for the loser. which is an unclean animal; and so shalt thou do with his garment,¹²⁵Verse 3. Ramban attempts to show why each particular loss is specified by Scripture. He explains that in each case we may have reason to think that its return is not required either because it would be too inconvenient for the finder or not important enough for the loser. even though a garment is not as dear to its owner as are living creatures, and [total] loss is not as common in a garment as it is in animals which may die. And so shalt thou do with every lost thing of thy brother’s which he hath lost,¹²⁵Verse 3. Ramban attempts to show why each particular loss is specified by Scripture. He explains that in each case we may have reason to think that its return is not required either because it would be too inconvenient for the finder or not important enough for the loser. meaning any of his household vessels even though they are not as dear to him as his garment with which he covers himself. And according to the interpretation of our Rabbis he added here many things, such as and thou hide thyself from them,¹²⁶Verse 4. which the Rabbis interpreted to mean:¹²⁷Baba Metzia 30a. “Sometimes you are permitted to hide yourself from them [and ignore the lost article such as where the finder is an elder and it would be degrading for him to attend thereto, as for example to drive an ass back to its owner]. ‘Hasheiv’ (returning),¹²⁸In Verse 1 before us. you are to do it even a hundred times; ‘teshiveim’ (thou art to return them),¹²⁸In Verse 1 before us. even to his garden or deserted house” [i.e., the finder is not obligated to notify the owner that the article has been returned. The requirement that] return be made by [identification of the lost item and description of] its distinctive marks, and other matters are also derived from this section.

The rabbis interpreted (Brachot 19b), with regard to the laws of returning a lost object, it is stated: “You shall not see the ox of your brother or his sheep go astray and ignore them; return them to your brother” (Deuteronomy 22:1). The baraita explains that the seemingly extraneous expression and disregard them must be understood to give license that at times you disregard lost objects and at times you do not disregard them.