Talmud su Deuteronomio 22:1

HALAKHAH: “The ox and any domestic animal equally are under the rules of falling into a pit,” etc. Falling into a pit, “and an ox or a donkey fell in there.⁵⁶Ex. 21:33.” Separating from Mount Sinai, “neither animal nor man shall live.⁸⁸Ex. 19:13.” Paying double restitution, “from ox to donkey⁸⁹Ex. 22:3, the penalty for the thief found with livestock.”. To return lost property, “you shall certainly return them⁹⁰Deut. 22:1..” Unloading, “do remove⁹¹Ex.. 23:5..” Muzzling, “do not muzzle an ox while threshing⁹²Deut. 25:4..” Interbreeding, “your animal you shall not breed kilaim⁹³Lev. 19:19..” The Sabbath, “that your ox and your donkey may rest⁹⁴Ex. 23:12..”

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)..