Shabbat Table Talks: Mishpatim

By: Rabbi Ralph Tawil

Value: Returning lost objects. Although this is a basic Jewish value, it is not often stressed in our society, where the "finders keepers" attitude prevails. People are often offered rewards for returning lost objects, as if doing that is something special and out of the ordinary. Rather, the Torah value is that it is a misvah (commandment) to return the lost object regardless of whether there is a reward or not.

Texts: The misvah to return lost objects is found in two places in the Torah—once in our perasha and once in Parashat Ki Tesse.

Now when you encounter your enemy’s ox or his donkey straying, return it, return it to him. (Exodus 23:4)

You are not to see the ox of your brother or his sheep wandering away and hide yourself from them; you are to return, yes, return them to your brother. Now if your brother not be near to you or you do not know him, you are to bring it into the midst of your house, it is to be there with you until your brother makes-inquiry about it, then you are to return it to him. Thus you are to do with his donkey, thus you are to do with anything lost of your brother, this is lost by him, and you find it: you are not allowed to hide yourself. (Deuteronomy 22:1-3)

Discussion:

Why should we do the misvah at all? Although we do every misvah because Hashem commanded it, we should think about the reason God commanded it and what particular attachment we have to any misvah. In the case of returning lost objects, try to make your child empathize with the feelings of the person who lost the object.

Ask: Have you ever lost something that was important to you? How did you feel when it was lost? How did you feel when it was found?

What kind of community, country or nation is created that is founded upon this basic value of returning property to those who lost it? (A caring concerned society, a society whose inhabitants would not think of cheating or thieving.)

Why does the Torah emphasize that it is the enemy’s animals? (Perhaps because if it were your friend’s object, you would definitely return it. Better yet, we have to overcome our enmity and treat each other as brothers by returning lost property. Since it is with the enemy that the temptation to ignore is greater, the Torah goes out of its way to say even if the owner of the animal is your enemy you must still help the animal.

What about if the lost object is that of non-Jew? R. Yoshiah said that "your enemy" refers to the non-Jew who is an idol worshipper. Yet, the Halacha found in the Rambam and Shulhan Arukh is that one should not return the lost object of a non-Jew, if they are wicked. The Meiri posits that the prohibition of returning a lost object to a non-Jew only applied to idol worshippers and not to people who have religion and laws similar to ours. One should return the non-Jew's lost object when it would entail "sanctifying the name of God" such that people would praise Israel and see Israel as trustworthy. If not returning the object would cause "hhillul Hashem" (profaning God’s name), it must be returned.

Method: Telling stories to illustrate a point is a very effective way of making the point stick. Take your time preparing the story, by focusing on the major points of the story—those without which the story makes no sense. You could embellish the story with dialogue and voices if you wish, but remember do not do things that distract. The story could be followed by a short discussion to make sure the point was understood.

Two stories:

1) Miriam, who was studying Torah at a Jerusalem seminary, was about to be married. She invited her sister, Judy, who was studying meditation and "eastern spirituality" in an Indian ashram. After Miriam’s insistence, Judy came to Jerusalem for the wedding. After even more cajoling, Judy attended one of Miriam’s classes. They happened to be studying the myriad details of the laws of returning lost objects. What constitutes a "sign?" When does the object have to be returned? And similar issues. After the Torah class, Judy was very critical. "Miriam, you call this trivial nonsense religion? You have no sense of true spirituality. I am going back to my guru in India." After a short while Judy was walking with her Guru when they came upon a wallet containing all kinds of identifying documents along with $1500 dollars cash. The guru pocketed the cash and tossed away the wallet. "What are you doing?" Judy exclaimed, "we could probably find that man if we tried!" The guru said that the money was a gift from the cosmos and that if he would not take it he would be denying the cosmic gift. Guru finds guru keeps. Judy persisted, "but it is not right. The man who lost the money no doubt is in great distress. We should try to find him and return his money. The guru, exasperated, exclaimed, "once a Jew always a Jew." At which point Judy decided to go back to Jerusalem and study more Torah. Judy is living in Jerusalem today and still studying Torah.

Point: The details are necessary in order to create the greater spirituality. They cause the bigger picture to be translated into actions.

2) R. Pinhas said: One time a man passed by the door of Hanina son of Dosa and forgot some chickens there. R. Hanina’s wife found them. He said to her: do not eat the eggs. They had many eggs and soon many more chickens, until they started to be annoying. They sold the chickens and bought some goats with the money. Some time later the man who had lost the chickens passed by R. Hanina’s door again. He said to his friend I once left some chickens right here. R. Hanina heard him and said: do you have any identifying sign on the chickens. "Yes I do" said the man. He told him the sign and R. Hanina gave him the goats.

Point: One must be very faithful in caring for the lost object. Always thinking of the best interest of the owner.