Introduction Mishnah ten deals with three subjects. 1) Further defining what is a lost object. 2) Potential conflicts between the commandment of returning lost objects and other commandments. 3) The commandment mentioned in Exodus 23:5 to help a person whose ass has fallen under its burden. The verse states: “When you see the ass of your enemy lying under its load and you would refrain from raising it, you must surely raise it with him.” A similar commandment appears in Deuteronomy 22:4. Mishnah eleven deals with conflicts between helping return his father’s lost object, his teacher’s lost object and his own lost object.
If he found an [animal] in a stable, he is not responsible for it [even though the stable door was loose and unguarded. But if he found it in the public domain he is responsible for it. If he finds the animal in an improperly closed and unguarded stable he is not obligated to treat the animal as lost. Only if it was roaming in the public domain is he obligated to help return it to its owner.
If it was in a cemetery he need not contract uncleanness because of it. If his father said to him, “Contract uncleanness”, or if he said to him, “Do not return it”, he may not listen to him. This section deals with conflicting commandments. If a Kohen (priest) sees a lost object in the cemetery into which he is forbidden to enter since he would thereby contract ritual uncleanness, he is not obligated to take care of the object. If his father tells him to break a commandment, either the commandment that a Kohen may not enter a cemetery or the commandment that one must return lost objects, he should not listen to his father. Even though there is a commandment to respect one’s parents, respect does not include transgressing another commandment. [Note, this is an extremely important principle with many implications in our lives.]
If he unloaded [the ass fallen under its load] and reloaded it and again unloaded it and reloaded it, even four or five times he is still obligated, for it is written, “You must surely raise it with him”. If the owner went and sat down and said, “Since the commandment is upon you, if you wish to unload, unload”, he is not obligated, for it is written “with him”. But if the owner was aged or sick, he is obligated. The Torah states that a person must help raise another person’s fallen ass. Even if he has to do so several times, he is still obligated. This is learned from the Torah’s repetition of the Hebrew word “raise”. From the fact that it was used twice the Rabbis conclude that the commandment applies even if it must repeatedly be performed. (For a similar teaching see mishnah nine). The owner of the animal must help the other person raise the animal and cannot sit idly and watch. This is learned from the word “with him” at the end of the verse. Only a sick or old person who could not help is exempt from doing so.
It is a commandment from the Torah to unload but not to reload. Rabbi Shimon says, “To reload as well.” Rabbi Yose the Galilean says, “If the beast was carrying more than its proper load he is not obligated [to help unload it], for it is written, “under its load”, [which is to say] a load which it is able to endure. The Rabbis disagreed with regards to the extent of the help that needs to be given to the person who’s ass has fallen. Some said that he must only raise the animal and some said that he must help reload as well. Rabbi Yose the Galilean adds that he need not help an owner who put too large of a load on the animal. The owner should have been more careful and does not deserve to be helped for his own negligent act.
Questions for Further Thought:
Mishnah ten, section two: Why shouldn’t a Kohen enter a cemetery and become unclean in order to take care of the lost object? Does this mishnah mean that ritual cleanliness is more important than returning lost objects or is there another explanation?Mishnah ten, section four: What would be the result if the person was obligated to help unload an ass even if too great a load had been placed upon it?