Pisqa’ 22584H;235-236;JN2:134:135: 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]!85Cf. Pisqa’ 222.2 on the same theme and in the same words.
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נֹפְלִים – וְלֹא עוֹמְדִים.
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.86//M, BM.2:10.
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].87Cf. M. BM 2:9. Virtually identical with Pisqa’ 222.4.
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]!88// M. BM 2:10. 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).
(דברים כב ד) לֹא תִרְאֶה – מִצְוַת לֹא תַעֲשֶׂה; וּלְהַלָּן הוּא אוֹמֵר (שמות כג ה): ״כִּי תִרְאֶה״ – מִצְוַת עֲשֵׂה.
Pisqa’ 22584H;235-236;JN2:134:135:
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.
חֲמוֹר אָחִיךָ, אֵין לִי אֶלָּא חֲמוֹר אָחִיךָ; חֲמוֹר שׂוֹנַאֲךָ מִנַּיִן? תַּלְמוּד לוֹמַר (שמות כג ה): ״חֲמוֹר שֹׂנַאֲךָ״ מִכָּל מָקוֹם. אִם כֵּן לָמָּה נֶאֱמַר אָחִיךָ? מְלַמֵּד שֶׁלֹּא דִבְּרָה תוֹרָה אֶלָּא כְּנֶגֶד הַיֵּצֶר.
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]!85Cf. Pisqa’ 222.2 on the same theme and in the same words.
נֹפְלִים – וְלֹא עוֹמְדִים.
2. “Or his ox has fallen” (Dt.22:4)—
without getting up.
בַּדֶּרֶךְ – וְלֹא בָּרֶפֶת. מִכָּן אָמְרוּ (בבא מציעא פ״ב מ״י): מְצָאָהּ בָּרֶפֶת אֵין חַיָּב בָּהּ, בִּרְשׁוּת הָרַבִּים חַיָּב בָּהּ.
“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.86//M, BM.2:10.
וְהִתְעַלַּמְתָּ – פְּעָמִים שֶׁאַתָּה מִתְעַלֵּם וּפְעָמִים שֶׁאֵין אַתָּה מִתְעַלֵּם. כֵּיצַד? הָיָה כֹהֵן – וְהֵם בְּבֵית הַקְּבָרוֹת; אוֹ שֶׁהָיָה זָקֵן – וְאֵינוֹ לְפִי כְבוֹדוֹ, אוֹ שֶׁהָיְתָה אֲבֵדָה שֶׁלּוֹ מְרֻבָּה מִשֶּׁל חֲבֵרוֹ – פָּטוּר, שֶׁנֶּאֱמַר: וְהִתְעַלַּמְתָּ, פְּעָמִים שֶׁאַתָּה מִתְעַלֵּם וּפְעָמִים שֶׁאֵין אַתָּה מִתְעַלֵּם.
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].87Cf. M. BM 2:9. Virtually identical with Pisqa’ 222.4.
הָקֵם תָּקִים עִמּוֹ, הֶעֱמִידָהּ – וְנָפְלָה, הֶעֱמִידָהּ – וְנָפְלָה, אֲפִלּוּ חָמֵשׁ פְּעָמִים – חַיָּב, שֶׁנֶּאֱמַר: הָקֵם תָּקִים עִמּוֹ. הָלַךְ וְיָשַׁב לוֹ, וְאָמַר לוֹ: הוֹאִיל וְעָלֶיךָ מִצְוָה, אִם רָצִיתָ לְהָקִים – תָּקִים – פָּטוּר, שֶׁנֶּאֱמַר: הָקֵם תָּקִים עִמּוֹ. יָכוֹל אֲפִלּוּ זָקֵן, וַאֲפִלּוּ חוֹלֶה, וַאֲפִלּוּ מֻכֵּה שְׁחִין? תַּלְמוּד לוֹמַר: הָקֵם תָּקִים עִמּוֹ.
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]!88// M. BM 2:10.
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).