Pisqa’ 225¹

1

“You shall not see your brother’s ox” (Dt.22:4)—

This is a proscriptive commandment.

Now, elsewhere, he says:

“When you see your rival’s ass” (Ex.23:5)—

this is a prescriptive commandment.

I might infer only that

this rule applies to your brother’s ass.

How do I know that it also applies

to your rival’s ass?

The Teaching states:

“Your rival’s ass” (Ex.23:5)—

[thus, anyone’s animal is included in the rule].

If so, why does it specify your brother?

Actually, it teaches that

the point of the Torah is

to defeat the rebellious urge

[which can even overcome brotherly love]!²

2

“Or his ox has fallen” (Dt.22:4)—

without getting up.

“In the road” (Dt.22:4)—

but not in the barn.

On this basis they taught:

If he found her in the barn,

he us under no obligation,

But if he found her in the public domain,

he is obliged to help her up.³

3

“And you turn a blind eye” (Dt.22:4)—

Sometimes you do turn a blind eye,

And sometimes you don’t turn a blind eye.

 

For example?

If the passer-by is a Priest

and the cows are in a graveyard

[which Priests may not enter, lest they contract

the uncleanness of corpses];

or, if the passer-by is old,

and chasing cows is beneath his dignity;

or, if the cost to the passer-by [of retrieval] is greater than

the value of the cow to its owner—

the passer-by is exempt from the rule.

This is why the verse states:

“You turn a blind eye to them” (Dt.22:1)—  

Sometimes you turn a blind eye,

And sometimes you don’t turn a blind eye,

[for your obligation varies with the situation].⁴

4

“You must labor with him to get it on its feet” (Dt.22:4)—

If he helped it up, and it fell;

he helped it up again, and again it fell

—even five times!—

he is obliged to help it up again,

for it is said:

“You must labor with him to get it on its feet” (Dt.22:4)—

 

If the owner sat himself down,

telling the [helpful passer-by]:

Look! This is your commandment!

If you want to fulfill it, be my guest!—

[the passer-by] is relieved of his obligation.

For it is said:

“You must labor with him to get it on its feet” (Dt.22:4)—

[but you needn’t do all the work]!⁵

Is it possible to say that

even if [the passer-by] is old,

even if he is sick,

or even if he is stricken with boils—

[he is required to assist the owner]?

The Teaching states:

“You must labor with him to get him on his feet” (Dt.22:4).

1. H;235-236;JN2:134:135:
2. Cf. Pisqa’ 222.2 on the same theme and in the same words.
3. //M, BM.2:10.
4. Cf. M. BM 2:9. Virtually identical with Pisqa’ 222.4.
5. // M. BM 2:10.