Lessons from Hashavat Aveida

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August 27 2009
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One of the many mitzvoth found in Parshat Ki Tetze is the mitzvah of returning lost objects (Hashavat Aveida). Many of us fondly recall learning the intricacies of this Mitzva when we studied Bava Metzia. I would like to discuss two areas of the Mitzva which are not intuitively obvious.

In Masechet Sanhedrin we are taught that a Jew is obligated to "return" his friend's health and well being to him. There is an obligation upon the doctor to heal, the lifeguard to save, and the medic to respond to calls of distress. This obligation is part of the mitzvah of Hashavat Aveida and extends beyond the general mitzvah of Lo Ta'amod al Dam Rei'echa "neither shalt thou stand against the blood of thy fellow". One must expend effort and resources, perhaps hire workers, to return a friend's "body".

I would like to now discuss the second point. The Mishna at the end of Bava Batra teaches us that he who seeks wisdom ought to study the laws of torts (Nezikin). Indeed, the laws of nezikin have a special place in Talmud study, and are emphasized in the classic yeshiva curriculum. We know that the Torah requires the mazik to pay for damages incurred, but does that imply that damaging itself, or enabling damages, is a Torah prohibition? Perhaps he is not in violation of halacha, nevertheless he is still liable for the consequences of his actions.

The answer may be gleaned from the Mitzva of Hashavat Aveida. If we are obligated to return a lost object to a fellow Jew, then we are obviously prohibited from damaging it. With this in mind, the Rashash (Ktuvot 18b) understands that causing another monetary loss, even through mere speech, violates the principles of Hashavat Aveida. The Talmud goes further and mandates that one must go so far as to prevent oncoming floodwaters from damaging another's field, thereby causing Aveidat karka - loss of land.

All too often we see these principles of Hashavat Aveida trampled upon. Lack of concern for other people's property is rampant. Ignoring danger to other people's well-being is widespread. The month of Elul is a good time for us to contemplate this, and other cardinal Mitzvot in the realm of Bein Adam L'chaveiro.

May we all be inscribed in The Book of Life.

Venue: Yeshivat Netiv Aryeh Yeshivat Netiv Aryeh

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by the Goldberg and Mernick Families in loving memory of the yahrzeit of Illean K. Goldberg, Chaya Miriam bas Chanoch and for a refuah shleimah for יעקב דוב בן פלה ציפורה