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.