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Deuteronomy 22:2 - Return lost items responsibly.

Deuteronomy 22:2 - דברים 22:2

Hebrew Text

וְאִם־לֹא קָרוֹב אָחִיךָ אֵלֶיךָ וְלֹא יְדַעְתּוֹ וַאֲסַפְתּוֹ אֶל־תּוֹךְ בֵּיתֶךָ וְהָיָה עִמְּךָ עַד דְּרֹשׁ אָחִיךָ אֹתוֹ וַהֲשֵׁבֹתוֹ לוֹ׃

English Translation

And if thy brother be not near to thee, or if thou know him not, then thou shalt bring it to thy own house, and it shall be with thee until thy brother seek after it, and thou shalt restore it to him again.

Transliteration

Ve'im-lo karov achicha eleicha velo yedato va'asafto el-toch beitecha vehaya imcha ad drosh achicha oto vahasheveto lo.

Hebrew Leining Text

וְאִם־לֹ֨א קָר֥וֹב אָחִ֛יךָ אֵלֶ֖יךָ וְלֹ֣א יְדַעְתּ֑וֹ וַאֲסַפְתּוֹ֙ אֶל־תּ֣וֹךְ בֵּיתֶ֔ךָ וְהָיָ֣ה עִמְּךָ֗ עַ֣ד דְּרֹ֤שׁ אָחִ֙יךָ֙ אֹת֔וֹ וַהֲשֵׁבֹת֖וֹ לֽוֹ׃
וְאִם־לֹ֨א קָר֥וֹב אָחִ֛יךָ אֵלֶ֖יךָ וְלֹ֣א יְדַעְתּ֑וֹ וַאֲסַפְתּוֹ֙ אֶל־תּ֣וֹךְ בֵּיתֶ֔ךָ וְהָיָ֣ה עִמְּךָ֗ עַ֣ד דְּרֹ֤שׁ אָחִ֙יךָ֙ אֹת֔וֹ וַהֲשֵׁבֹת֖וֹ לֽוֹ׃

🎵 Listen to leining

Parasha Commentary

Context of the Verse

This verse (Devarim 22:2) is part of the Torah's laws regarding hashavat aveidah (returning lost property). It addresses the obligation to care for and return an item belonging to a fellow Jew, even if the owner is not immediately known or nearby. The Torah emphasizes the ethical responsibility to safeguard another's property until it can be rightfully returned.

Rashi's Explanation

Rashi (Devarim 22:2) clarifies that the phrase "וְאִם־לֹא קָרוֹב אָחִיךָ אֵלֶיךָ" ("if thy brother be not near to thee") refers to a situation where the owner is not physically present to claim the lost item immediately. The phrase "וְלֹא יְדַעְתּוֹ" ("or if thou know him not") means the finder does not recognize the owner. In such cases, the finder must take the item into their home and care for it until the owner comes forward.

Rambam's Halachic Perspective

Rambam (Hilchot Gezeilah Va'Aveidah 11:3) elaborates on this mitzvah, stating that one must publicly announce the found item (through means appropriate for the time and place) to locate the owner. The obligation to safeguard the item applies even if the owner is unknown, as the Torah commands "וַאֲסַפְתּוֹ אֶל־תּוֹךְ בֵּיתֶךָ" ("then thou shalt bring it to thy own house"). This underscores the principle of chessed (kindness) and communal responsibility.

Talmudic Discussion

The Gemara (Bava Metzia 28b) discusses the details of this mitzvah, including:

  • The requirement to care for the item as one would their own property.
  • The prohibition against deriving personal benefit from the lost item.
  • The need to periodically check the item's condition to prevent deterioration.

Midrashic Insight

The Midrash (Sifrei Devarim 222) connects this mitzvah to the broader theme of ahavat Yisrael (love for one's fellow Jew). By taking responsibility for another's lost property, we demonstrate our commitment to the unity and welfare of Klal Yisrael. The phrase "עַד דְּרֹשׁ אָחִיךָ אֹתוֹ" ("until thy brother seek after it") implies an ongoing obligation to actively assist in reuniting the owner with their property.

Practical Halachic Application

Poskim (halachic decisors) rule that:

  • If the owner is unknown, one must make reasonable efforts to locate them.
  • The mitzvah applies to both monetary items and objects of sentimental value.
  • In contemporary times, this may include posting notices in public forums or using technology to identify owners.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Metzia 28b
The verse is discussed in the context of the laws of returning lost property (hashavat aveidah). The Talmud explores the obligations of one who finds lost property and the conditions under which it must be returned.
📖 Chullin 134b
The verse is referenced in a discussion about the ethical and legal responsibilities towards others' property, emphasizing the importance of returning lost items to their rightful owners.

Frequently Asked Questions

Q: What does Deuteronomy 22:2 mean?
A: Deuteronomy 22:2 teaches the mitzvah (commandment) of hashavat aveidah, returning a lost object to its owner. Even if the owner is not nearby or you don't know who they are, you must safeguard the item until they come looking for it, at which point you must return it. This law emphasizes honesty and caring for others' property.
Q: Why is returning lost objects important in Judaism?
A: Returning lost objects is a fundamental ethical obligation in Judaism. The Talmud (Bava Metzia 31a) elaborates on this mitzvah, showing how it builds trust and kindness in society. Rambam (Hilchos Gezeilah Va'aveidah 11) explains that this mitzvah applies even if returning the item involves effort or expense, demonstrating our responsibility toward others.
Q: How do we apply Deuteronomy 22:2 today?
A: Today, this verse applies whenever we find lost items. The Shulchan Aruch (Choshen Mishpat 259-275) details practical laws: we must make reasonable efforts to identify the owner (like checking for identifying marks) and publicize the find if necessary. This mitzvah teaches us to go beyond basic honesty by actively caring for others' property.
Q: What if I don't know who owns the lost item?
A: As the verse states, even if you don't know the owner ('lo yadata'), you must safeguard the item. The Talmud (Bava Metzia 28b) explains methods to identify owners, like unique markings. If unidentifiable, some items may eventually be kept after making proper efforts (Shulchan Aruch CM 262:2), but the primary obligation is to try to return it.
Q: What's the deeper lesson from this verse?
A: Rashi explains this verse shows we must extend ourselves to help others, even strangers. The Sforno adds that 'until your brother seeks it' implies actively looking for the owner, not just waiting passively. This teaches proactive responsibility for others' welfare, a key Jewish value called 'areivut' (mutual responsibility).