One of my personal favorite mitzvot appears in this morning’s Torah portion. It is called hashevat aveidah – the return of a lost item.
I love it so much because I know what it is like to lose something that is important to me, and to despair about ever getting it back.
When someone, out of the blue, brings that lost item back to me, the feeling transcends the mere restoration of an item of value. It is a reminder of the potential goodness in a random stranger. What a gift to be able to be that stranger for someone else.
Parashat Ki Teitzei is notable for containing the most number of mitzvot, commandments, of any portion in the Torah: 74. Like many of the Torah’s law codes, the topics range widely, covering ritual obligations, business law, criminal law, as well as personal and family ethics.
One of these laws is hashevat aveidah. This is how it is introduced:
If you see your fellow’s ox or sheep gone astray, do not ignore it; you must take it back to your fellow.
Deuteronomy 22:1
The Torah continues to specify that we have an obligation to take the lost animal home and care for it if the owner cannot be immediately identified or located. It then expands beyond animals to include garments, or any other item that we may find.
Twice, the Torah emphasizes that we are not allowed to remain indifferent, using the expression v’hit’alamta mahem – which literally means “and hide yourself from them.” If I find a lost item, I must return it.
A corollary mitzvah follows this one, also with instructions to not “hide yourself from them.”
If you see your fellow’s donkey or ox fallen on the road… you must help him raise it.
Deuteronomy 22:4
I have always liked these two mitzvot. Being part of the covenanted community of the Jewish people means more than just treating one another properly. Our obligations extend to one another’s possessions as well. Consider for a moment what these mitzvot are saying. I incur an obligation simply for my discovery of an item, even when I do not know to whom that item belongs. I am obligated to a mystery person such that I commit a sin if I do not step up.
I recently discovered a commentary by a medieval Spanish sage, Rabbi Baḥya ben Asher. Rabbeinu Baḥya, as he is known, wrote a commentary on the Torah that offers allegorical, midrashic, and mystical interpretations. In his discussion, Rabbeinu Baḥya offers three explanations for these commandments to take responsibility for the property of our neighbors.
First, he cites the Talmud. The Torah repeats Hebrew words hashev teshivem, “Return you shall return.” This does not merely emphasize our obligation to return a lost object. It conveys that we must keep returning it, even 100 times in a row, if necessary.
Imagine my neighbor has a donkey that keeps wandering on to my property. As many times as it wanders over, I must still make the effort to bring it back home, however annoying or inconvenient it might be. That is a fairly conventional midrashic interpretation.
Rabbeinu Baḥya then explains that this kind of behavior is midarkhei haḥesed v’haraḥamim – among the ways of kindness and compassion. This is how people who are all descended from the same human ancestor ought to treat one another. We each have an interest in the success and well-being of one another, he says. As such, we must go beyond the obligation to merely care for the “things” belonging to our neighbor. It is not just about stuff. If I find myself in a position in which I have the ability to protect another person from financial loss, I must do so. I may not “hide myself.”
The principal behind this responsibility, says Rabbeinu Baḥya, is v’ahavta l’re’ekha kamokha, which we usually translate as “You shall love your neighbor as yourself.” But here, Rabbeinu Baḥya understands it as “You shall love that which is your neighbor’s as if it were your own.” It is quite an extension of the principle.
His second explanation is a theological one, focusing on the warning against “hiding yourself.” He notes that it is easy to look the other way and pretend not to have seen a wandering donkey, or a lost item. Who is going to know?
The answer is “God knows.” And just as we are commanded to return that which is our neighbor’s, God will one day return that which is ours. That is to say, God will return our souls to our bodies. And here, Rabbeinu Bahya goes into a description of the Jewish concept of the resurrection of the dead, which will occur after the coming of the mashiaḥ. The point is, how can we expect God to return our souls to us if we fail to return that which is our neighbor’s?
The third explanation is the one that most took me by surprise. Rabbeinu Baḥya notes that these mitzvot in Parashat Ki Teitzei are a reiteration of mitzvot that first appear in the the book of Exodus, but with a significant distinction. Where Deuteronomy uses the word aḥikha, “your brother,” to describe the person whose donkey has wandered off and gotten into trouble, Exodus uses the word son’ekha, “your enemy.”
That is a pretty significant difference. What does it mean? At first, we might think that this merely indicates that it does not matter whether or not I like the owner of the donkey. I am still obligated.
Rabbeinu Baḥya suggests that there is a deeper lesson to be learned. If I assist my enemy with their fallen donkey, they may come to see me differently, and my enemy may transform into my brother. The assistance I offer may be the very thing to cause the hatred to be forgotten and the love that unites us to be remembered.
What an inspiring—and difficult—observation.
I suspect Rabbeinu Baḥya may be talking about more than just a wandering donkey. When there is conflict, it can be really hard to be the one to take the first step at reconcilliation. Our egos get too involved. How often do we get into fights with other people when we forget the reason for the conflict in the first place, and it becomes all about the hatred, the negative feelings which are reinforced every time I hear that person’s name.
What would be so terrible about swallowing my pride and taking that first step to do something that helps out my enemy? Perhaps that is the very act to shatter the hostility.
As we prepare for the new year, this is the time when we are supposed to be examining our relationships, reviewing our deeds. We engage in teshuvah, repentance. Our tradition teaches us the only way to do teshuvah for sins between ourselves and another person is to appease that person directly.
Rabbeinu Baḥya offers us an approach to repair broken relationships. Swallow my pride, do not wait for them to apologize first. After all, they are probably waiting for me to apologize first. Just take the first step. Perhaps this will be the year that my enemy becomes my friend.
Rebyehoshua 