Lesson # 231• Kindness to animals
There is a Torah commandment in D'varim 22:1-3, regarding the restoring of found objects which also appear in Sh'mot 23:4. Each of these Torah sections dealing with found objects is immediately followed by a concomitant commandment dealing with a parallel theme; namely; to help one's neigh- bor to unload his animal if it is overloaded, and to help reload (or load in the first instance) his neighbor's animal. Since some of us are not all that familiar with the Torah command, I have set forth one of the two Torah verses: D'varim 22:4. “You shall not see the donkey of your brother or his ox falling on the road and hide yourself from them; you shall surely stand them up with him.”

The fact that in both Sh'mot and D'varim the verses are parallel and also appear one after the other, shows the Divine intent that the laws of one will be similar to the laws of the other. As is seen below; the laws of found objects and of loading, unloading, and reloading animals are parallel to each other: the three commandments, two positive and one prohibition; the violations of the commandments by "turning aside"; the exemptions afforded to certain classes of people; the compensation or lack of compensation to be paid; and to act beyond the requirements of the law.

Maimonides in Laws Concerning Murder and The Preservation of Life writes: The person referred to in the verse [Sh'mot 23:4] as the enemy does not mean an enemy from the heathen nations, but rather a Jewish enemy. How can a Jew have a Jewish enemy? The Torah states 'You shall not hate your brother in your heart: [Vayikra 19: 17] The Sages stated that if one all alone sees another commit a transgression and warns him and he does not desist, one is obligated to hate him until he repents and departs from his evil ways. Yet even if he has not yet repented and he finds himself alarmed with the bundles [on his animal], one is obligated to help him load and unload, and not to leave him to possibly die because he may delay leaving the place because of his belongings and find himself in danger. The Torah is very solicitous for the lives of Jews, whether they are wicked or righteous, since they [are presumed] to acknowledge God, and believe in the essentials of the religion. As it is written "As I live saith the Lord God, I have no pleasure in the death of the wicked but that the wicked turn from his way and live." [Yechezkel 33: 11 ]

There is another underlying theme in these lessons, namely the prevention of cruelty to animals. There is a dispute in the Talmud whether the concept of treating an animal kindly is of Torah or Rabbinic origin. The prevailing view is that the concept is of Torah origin.

The Torah commandments to load, unload, and reload an animal:
The Torah verses teach two positive commandments and one prohibition regarding the loading, unloading, and reloading of an animal, in this case someone else's animal. There is the positive commandment that if Reuven sees Shimon's animal staggering under the weight of its burden, Reuven must help unload the burden. There is also the positive commandment for Reuven to help Shimon raise the animal after the burden has been removed and to help reload the animal. If Reuven leaves Shimon helpless and neither unloads or reloads the animal, he transgresses the fulfillment of the two positive commandments as well as the prohibition not to see his brother's animal and hide himself from helping to unload the animal. If he unloads and does not reload, he transgresses only one positive commandment, that to help reload. If the animal is not overloaded, but a bundle fell off the animal, and if Reuven does not help load this bundle back onto the animal, he transgresses the prohibition not to hide himself and the positive commandment of reloading. He does not violate the commandment to help unload.

The performance of the unloading and loading commandments
Reuven sees Shimon's animal staggering under the burden that is on its back. Reuven must perform the commandments of unloading if the animal is within about 466 feet from Reuven. It does not matter if the burden is its normal load or if it is overloaded; the obligation to help unload the bundles from the animal applies. While the obligation to perform the commandments is not present if the animal is at a further distance than stated, there is still an obligation to help unload a suffering animal. Reuven cannot plead that since Shimon overloaded the animal, Reuven does not have to help unload it. Shimon may have inadvertently overloaded the animal, and in any event the animal should not be permitted to continue suffering. The obligation is always there because of the suffering of the animal; the fact that Shimon overloaded the animal is no reason for Reuven to permit the animal to suffer. The Torah prohibits a Jew from permitting animals to suffer.

If this particular animal is always overloaded and its natural gait is to walk bent over, the obligation to unload the animal is not present. However, while not being under an obligation to unload the animal because of the Torah commandment to unload, Reuven has the obligation to unload some of the bundles because the Torah enjoins him to prevent any animal from suffering.

Once Reuven has performed the first commandment of unloading the animal, he now has to perform the second commandment of helping to reload the animal. If Reuven sees a bundle that has fallen from the animal, Reuven must assist Shimon in loading that bundle onto the animal. In loading or reloading the animal, Reuven must take care to see that the animal is not overloaded. If Shimon wishes to overload the animal, Reuven must not assist him and should protest to Shimon that Shimon should bring another animal to carry the overload.

Assume that Reuven helped unload and then helped to reload and a bundle fell off the animal, or the animal is once again staggering under the burden, Reuven must once again assist Shimon in unloading and reloading the animal. Not only must Reuven assist Shimon as many times as is necessary to unload and reload, or load the animal; Shimon is required to accompany Shimon with his animal for a distance to see that all is now well with the animal carrying its burden. Shimon may waive the requirement for Reuven to accompany him and the animal for that distance. There is an opinion that Reuven need accompany Shimon and his animal for a distance of one mil, or about 2/3 of an American mile approx. 1 km).

Compensation of the assister
Reuven assists Shimon in loading, or in unloading and reloading, Shimon's animal and accompanies Shimon and the animal for the required distance. Reuven may not ask for any compensation for the unloading of Shimon's animal. But Reuven can demand compensation for loading or reloading Shimon's animal, and also for accompanying Shimon and the animal. The amount of compensation is the same as the compensation for one who finds a lost object, when there is a requirement for the finder to be compensated, that is, an amount that will compensate Reuven for the resulting loss of earnings.

More on this subject IYH next week.
The subject matter of this lesson is more fully discussed in Volume VIII Chapter 261 of A Restatement of Rabbinic Civil Law by E. Quint. Copies of all volumes can be purchased via email: orders@gefenpublishing.com and via website: www.israelbooks.com and at local Judaica bookstores.
Questions to quint@inter.net.il

The lessons of Rabbi Quint's column are now coming from vol.VIII of his monumental work, A Restatement of Rabbinic Civil Law. Vol. IX has been recently released, and vol. X will be out soon, IY"H to complete this important translation and commentary of the sadly neglected part of Shulchan Aruch, CHOSHEN MISHPAT.

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