Talmud sobre Exodo 23:5

Hezekiah said: Great is peace, for in connection with all other precepts in the Torah it is written, If thou see,¹⁷Ex. 23, 5. etc., If thou meet,¹⁸ibid. 4. If there chance,¹⁹Deut. 22, 6. If thou buildest,²⁰ibid. 8, E.V. when thou buildest. [implying,] if a precept comes to your hand, you are bound to perform it;²¹But if not, you are not bound to perform it. but what is written in connection with peace? Seek peace, and pursue it,²²Ps. 34, 15. [meaning,] seek it in your place and follow it to another place.²³If your presence can help to bring about peace there.

MISHNAH: The ox and any domestic animal equally are under the rules of falling into a pit, separating from Mount Sinai⁸⁸Ex. 19:13., paying double restitution, returning lost property, unloading, muzzling, interbreeding, and the Sabbath. Wild animals and birds follow the same rules. Then why was it said “ox or donkey”? But the verse speaks of the actuality⁸⁷At the time of the promulgation of the Law, these were the most frequent cases..

MISHNAH: What is a lost animal¹⁰⁹The Mishnah refers to Deut. 22:1 and Ex. 23:4 which state the duty to return straying animals to their owners.? If he found a donkey or a cow grazing on the road¹¹⁰Even if no person was near watching the animal., this is no lost animal. A donkey whose gear is upside-down or a cow running in a vineyard are lost animals. If he returned it but it ran away, returned it but it ran away even four or five times, he is obligated to return it since it is said¹¹¹Deut. 22:1. The infinitive construction is regularly interpreted as implying repetition; cf. Sifry Deut. 222.: “Return it returning.” If he was losing time worth a tetradrachma¹¹²If the person finding the animal is highly paid and his time is worth much more than that of an agricultural hired hand, the question arises whether he can be forced to miss his lucrative trade in order to return a stray animal., he cannot say, give me a tetradrachma but [the owner] may pay him at the rate of an unemployed worker. If there is a court¹¹³According to Rashi, this may be an ad hoc court composed of three of the finder’s acquaintances who can empower him to charge full compensation for his time. Since the Yerushalmi does not discuss the Mishnah, its position cannot be ascertained., he can stipulate with him¹¹⁴This word is also in Alfasi’s text but only in one ms. of the Babli. R. Yosef Ḥabiba (Nimmuqe Yosef) in his commentary to Alfasi points out that the word makes no sense since the finder’s obligation already has terminated if the animal’s owner is around. before the court. If there is no court, before whom could he stipulate? His own comes first¹¹⁵There is no obligation to incur monetary loss in following Deut. 22:1..
¹¹⁶This is a continuation of Mishnah 11. On the owner’s property, no animal is staying. If one found it in the cow-shed, he has no obligation; in the public domain he is obligated. But if it was between graves, he¹¹⁷If the possible helper was a Cohen. may not defile himself. If his father told him to defile himself, or told him not to return it, he should not listen to him¹¹⁸Since both son and father are required to follow God’s commandments, if the father commands not to obey God, he must be disobeyed (Mekhilta dR. Ismael, Neziqin Chapter 20; ed. Horovitz-Rabin p. 325.). ¹¹⁹Here begins the rabbinic interpretation of Ex. 23:5. If he unloaded and loaded, unloaded and loaded even four or five times, he is obligated since it is said: “restoring restore”¹²⁰Ex. 23:5; in rabbinic interpretation, the root here is עזב II. Ibn Ezra in both his commentaries ad loc. calls this “far fetched”. Onqelos, Pseudo-Jonathan, and Saadia translate as if it were written twice, first עזב I “abandon”, then עזב II “put in good order.” This may be a pun intended in the biblical text.. If he¹²¹The owner of a animal which stumbled. sat down and said, since it is your¹²²The person who comes to help. Mekhilta dR. Simeon ben Iohai, p. 215. religious obligation, if you want to unload, unload, he¹²²The person who comes to help. Mekhilta dR. Simeon ben Iohai, p. 215. is free since it is said: “with him”. It is a religious obligation to unload, but not to load; Rebbi Simeon says, also to load¹²³Implied by the parallel Deut.22:4: “uplifting you shall uplift with him.” Mekhilta dR. Ismael, Neziqin 20 (p. 326); Sifry Deut. 225.. Rebbi Yose the Galilean said, if the load was more than the ordinary, he need not do anything since it is said: “under its load,” a load which it can carry¹²⁴Mekhilta dR. Ismael, Neziqin 20 (p. 325)..

¹²⁸Babli 32a; Mekhilta dR. Ismael Neziqin 20 p. 323, dR. Simeon bar Ioḥai p. 215, Sifry Deut. 222, Midrash Tannaїm (Midrash Haggadol) 22:4.“if you hit upon.¹²⁹Ex. 23:5.” I could think, really if you hit upon him; the verse says, “if you see.¹³⁰Deut. 22:4.” Concerning “if you see,” I could think even at a distance of a hundred¹³¹E has מלוא מיל “a full mil”, which for practical purposes is as impossible as 100 mil. mil? The verse says, “if you hit upon.” How is this? The Sages estimated one in 7 1/2 of a mil, i. e., a stadion¹³¹E has מלוא מיל “a full mil”, which for practical purposes is as impossible as 100 mil.. ¹²⁸Babli 32a; Mekhilta dR. Ismael Neziqin 20 p. 323, dR. Simeon bar Ioḥai p. 215, Sifry Deut. 222, Midrash Tannaїm (Midrash Haggadol) 22:4. Putting in order you shall put in order,¹²⁹Ex. 23:5.” this is unloading. “Uplifting you shall uplift,¹³⁰Deut. 22:4.” this is loading. Rebbi Simeon ben Ioḥai says, just as his unloading is [an obligation] from the Torah, so his loading is from the Torah¹³³Whereas for the Sages he may ask to be paid for helping in loading; cf. Note 134.. ¹³⁴Babli 32b; other sources cf. Note 128. If the donkey was a Jew’s but the load a Gentile’s, everybody says that he unloads and loads. If the donkey was a Gentile’s but the load a Jew’s, according to the Sages one neither unloads nor loads. According to Rebbi Simeon one unloads but does not load.