Oceanside Jewish Center
Weekly Parsha

By Jonathan Wolf



















Parshat Ky Taytzay


Except for the prohibition of mixing wool and linen (shatnes), the remaining mitzvos in this parsha are all mishpotim. One theme that seems to be common is to lend a helping hand. For example, the mitzvah of “hashovas aveidah” , returning last objects, is covered extensively in the Talmud. Any object with a clearly distinguished identifying mark (known as a “siman”) is to be returned to its owner. If the owner is not known, the finder must announce that he has found a particular item. Lost animals are to be cared for and the law allows for reimbursement of expenses to some extent. Certain objects need not be returned. Small items or ones that are indistinguishable can be kept.

Food that has fallen from a tree and has been scattered can also be kept. Small amounts of coins that are scattered can also be kept. However, if something appears to be placed in a deliberate position or location, it must be left alone (or returned to its owner if known). Items washed away from a flood, however, are considered lost. In the Talmud, the concept of “yeush” or “despair, is the crucial aspect of the status of a lost object. Yeush means that the owner has despaired about ever finding the object again. If a certain amount time has elapsed, the person may not have reasonably noticed that he has lost the object and has not had time to experience yeush. This is known as anticipated yeush.

There is a story told about a guest who visited a famous yeshiva in Kelm. He accidentally left an umbrella at one of the tables. Thirteen years later, he returned to the yeshiva and found the umbrella lying in the exact same spot.

The Torah speaks about helping someone with a heavy load. This includes not only helping an elderly person carry packages, but also includes your “enemy” who is suffering. We can also interpret the words “burden” or “load” to mean an emotional one as well. This can mean listening to someone when they have a problem or visiting the mourner during a shiva call. There may be nothing you can do, but sometimes, just listening can be the best thing. The mitzvah of “bikur cholim” or “visiting the sick”, is just one more example of lending a hand. Volunteering your time to help out a soup kitchen or helping an elderly person go shopping, or shoveling snow away from a walk when your neighbor is away, are more examples of this powerful concept.

Adding an extra burden is also forbidden. Therefore, the Torah forbids not only taking interest from a fellow Jew, but also taking excessive security from a poor person: “When you lend your fellow man any manner of loan, you shall not go into his house to fetch his pledge. You shall stand outside and the man to whom you lend shall bring the pledge to you outside. And if he is a poor man, you shall not sleep with his pledge; you shall surely return the pledge to him when the sun goes down, that he may sleep in his garment and bless you; and it shall be considered your righteousness before the Lord, your G-d.” (Devarim 24: 10-13).

Being sensitive to the needs of the poor is not only a good deed, but it is a righteous act in the eyes of G-d. The Torah recognizes the proper business practice of taking a pledge against a loan. However, there are limits. The right to privacy is respected in that a man cannot go into the borrower to retrieve the pledge.

We have discussed previously the needs to maintain honest weights and measures. It is important that the businessman and merchant recognize that the concept of
“caveat emptor” or let the buyer beware, is forbidden in the Torah. These mishpotim are part of the laws given by G-d and they are just as important as the mysterious chukim like shatnes or the parah adumah (red heifer). The concept of “You shall do what is right and good before the eyes of the Lord” applies to business practices as well as ritual ones.