Comentários de Citação sobre Deuteronômio 22:1

Introduction The second chapter of Bava Metziah deals exclusively with returning lost objects. According to Exodus 23:4 and Deuteronomy 22:1-4, a person has an obligation to return lost objects to their owner. The mishnah is concerned with which objects are included in this obligation and with the question of the owner claiming his object by identifying it.

AS IT OVERRIDES A PROHIBITION IN THE TORAH — As it is written (Deut. 22:1) "ignore it," which excludes an elderly person where (returning the lost object) is not in keeping with his dignity [see Bava Metzia 30a]. Here, too, moving [the stones] is a rabbinic prohibition that the Sages created on the authority of [the verse] "you must not deviate" (Deut. 17:11); and [this prohibition] is pushed aside where it is in conflict with human dignity

A garment was also included amongst all these things (which one must proclaim, listed in Deut. 22:3). Why was it mentioned separately? To compare [other things] to it: to teach you just as a garment is distinct in that it has special marks and it has those who claim it, so too everything that has special marks and those who claim it must be proclaimed. Deuteronomy 22:1-2 begin with a general command to return lost items. The specific item mentioned is an ox or a sheep. Verse 3 continues (JPS translation): “You shall do the same with his ass; you shall do the same with his garment; and so too shall you do with anything that your fellow loses and you find; you must not remain indifferent.” If we read the verse carefully, we will notice that it is superfluous. First the Torah mentions a lost ass and garment and then everything else. The question which our mishnah asks is why should garment be mentioned separately. The answer is that a garment is paradigmatic for which types of items must be proclaimed. First of all a garment has distinctive marks on it by which its owner could identify it. This is still generally true today but would have been especially true in Mishnaic times when everything was sewn by hand. Second of all, a garment has people who would claim it. It is a valuable enough item that someone who lost it will almost always want it back. Any item which does not fit these two categories, distinctive and of a certain, minimal value, need not be returned.