Feature Tidbit Finders Keepers... If one wants to say something about mitzvot, this is a good week to say it. Ki Teitzei is the all-time champion mitzva sedra with 27 positive commands and 47 prohibitions, for a total of 74 mitzvot, a bit more than 12% of the Torah's mitzvot. Let's choose one Mitzva from the sedra and maybe end up with some generalizationsthat can enhance our attitude and performance of mitzvot. In D'varim 22:1 the Torah forbids us from ignoring the lost objects of our fellow, and requires us to return them to our "brother". Similarly, the Torah in Shmot 23:4 (that's in Mishpatim) also commands that we return something lost by (even) our "enemy". Now, the laws and details of this mitzva are complex. The Gemara teaches us the distinction between identifiable and unidentifiable objects. We learn about the circumstances in which we can assume that the owner gives up hope of recovery and situations where he stubbornly maintains hope of it being returned. There is alsothe factor of whether the owner is even aware of his loss when the object is found, or not. There are other factors that get figured into the equation too. Let's take a simple example. A person finds a 200 shekel note on the gound. Generally, we consider plain money, without a clip or a wallet, to become the property of the finder, without the necessity of even attempting to find its original owner. It is not the purpose of this "tidbit" to explore themany details of HASHAVAT AVEIDA. So for the moment, let's leave the 200 shekel note with the finder. End of sory? Not quite. Take a look in last week's TT, Rabbi Quint's article on LIFNIM MISHURAT HADIN, going beyond the requirement of the halacha. For the committed Torah Jew, this is not just a nice thing to do, this is part of our way of life. This is part of our halacha. It's like being required to volunteer. That's something that can be resentedby some, but if one truly appreciates the love relationship between G-d and the Jewish People, then doing more than is required becomes the norm. "I know I don't have to, but..." Back to the finder of the 200NIS. He might not HAVE to return it by the rules of HASHAVAT AVEIDA, but he must make a serious effort by the "rules" of Lifnim MiShurat HaDin. So he has to announce his find in hopes of finding the owner. This is a slight jump (make that step) from the classic example of Lifnim MiShurat HaDin as applied to Lost & Found. The finder has an object; he knows who the owner is; the owner definitely gave up hope of recovery. In this case, the laws of Hashavat Aveida might not require the return of theobject, but the concept of Lifnim MiShurat HaDin do "require" it. And then there is a third concept that comes into play. And no small concept it is - The potential for Kiddush haShem (and its opposite). Technically, the laws of Hashavat Aveida apply Jew to Jew. By the strict drash of the pasuk, which uses the term ACHICHA, we would be able to apply the world's rule of: Finders Keepers,Losers Weepers. One way of understanding this seemingly discriminatory distinction between Jew and non-Jew, is that the Torah is allowing us to behave towards the non-Jew as he would behave towards us. We are not talking about a "bad" thing to do. We are talking about a "regular" thing to do. We sometimes have permissionto behave in an acceptible to the world, "normal" manner. Between Jew and fellow Jew, on the other hand, G-d often demands much more of us. Back to Kiddush HaShem. If the technicalities of HaShavat Aveida allow you to keep the camera you found that belonged to a non-Jew, then the mitzva of Sanctifying G-d's Name requires you to return it. How can owning a camera compare with doing something that a non-Jew (or non-religious Jew) would react by acknowledginghow great G-d and the Torah must be if this is how His faithful behave. Now let's extend this example to all mitzvot. First there is the particular mitzva and its details and guidelines. Can I do this? Yes, no, etc. But then there is LIFNIM MISHURAT HADIN. Although there are specific examples, it is possible to apply this concept to most mitzvot. (A word of caution: Going beyond the requirement of the mitzva should be at your own "expense" only, not at someone else's. For example, giving more than the required amount of Tzedaka must not be to the inconvenience of people you owe money to.) When doing a mitzva on should ask himself if he is just doing minimum to satisfy the requirements, or is there more that I should be doing. Part of this reflects one's motivation for doing mitzvot in the first place. And finally, there is the element of Kiddush HaShem. Does the way I do mitzvot bring honor to HaShem. Do my actions show an enthusiasm to mitzvot that I have, and can it encourage and inspire others towards greater mitzva observance. Etc. etc. [The Ki Teitzei Homepage]
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