Lost or Found? In the final days of his life, Moses repeated and reiterated many commandments of the Torah. Yet, upon careful examination, we discover that they are not merely a repetition but rather a restatement that emphasizes a unique aspect of the law. One example is the law of returning lost objects, first stated in the second book of the Torah, in the book of Exodus: If you come upon your enemy's bull or his stray donkey, you shall surely return it to him. If you see your enemy's donkey lying under its burden would you refrain from helping him? You shall surely help along with him. (Exodus 23:4-6) In Exodus, the context, and therefore the justification for the obligation, is being fair in judgment, as the next verse states: "You shall not pervert the judgment of your poor man in his lawsuit." In this week's portion, the Torah reiterates the commandment in different words: You shall not see your brother's ox or sheep straying, and ignore them. [Rather,] you shall return them to your brother. But if your brother is not near you, or if you do not know him, you shall bring it into your house, and it shall be with you until your brother seeks it out, whereupon you shall return it to him. So shall you do with his donkey, and so shall you do with his garment, and so shall you do with any lost article of your brother which he has lost and you have found. You shall not ignore [it]. (Deuteronomy 22:1-3) In this week's portion, the focus is not on the legal obligation but on the fact that our fellow Jew is our brother and we should therefore go beyond the minimum in order to help him. Indeed, in this very short paragraph, the word "brother" is mentioned no less than five times! These two perspectives are expressed in the Talmud in the chapter “Elu Metziot”, often the very first chapter which children study. The first half of the chapter discusses the "Metzia", the item which was found. Perhaps one of the most famous statements of the Talmud is "Elu Metziot Shelo", "These found items belong to him (to the finder)". The word Metzia, “found item”, in its various forms, appears again and again in the first half of the chapter. [“Which found items belong to him”, “These found items belong to him: If one found scattered produce”, “If he found a round cake of pressed figs”, “if one found produce inside a vessel”, "If one found, behind a wooden fence or behind a stone fence", "If one found items in a store"]. In the second half of the chapter, however, while discussing the same commandment to return the object, the Talmud drops the word Metzia, found object, and adopts the word "Avaidah", lost item. ["If one stated what type of lost item", "Which is the item that is considered lost?", "If one finds his lost item and his father's lost item", "if one finds his lost item and his teacher's lost item", "If one finds his father's lost item and his teacher's lost item"]. The difference between referring to it as a "found item" or "lost item" is profound. The "found item" draws attention to the finder, who then asks himself the legal question of whether he may keep the item. The word "found item" directs the attention to the finder, not to the person who is experiencing the loss. The first half of the chapter captures the spirit of the commandment in the book of Exodus, where the person is enjoined to ensure that he does not take something that does not belong to him. As we progress in the study of the chapter, the Talmud introduces the verses from our portion, emphasizing the brotherhood aspect of the commandment. As a result, the person's perspective shifts; he is no longer thinking of it as something that he found, but instead he senses the loss of his brother. At this point, it is no longer a "found item"; it becomes a "lost item", an item that reminds him that there is someone, a brother, who is experiencing loss. Focusing on the brotherhood introduces additional laws of how far one must go to care for one's brother's lost object. As we near the conclusion of the five Books of Moses, as we read how Moses prepares the people to enter the land, the Torah emphasizes that the way to live the Torah's values is not only by being devoted to law and justice, but rather to go beyond the letter of the law, to care for a fellow. To care for our brother. Adapted from Bepardes Hamishnah
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