(Devarim 22:1) "You shall not see (the ox of your brothers or his lamb straying and [you shall] ignore them. Return shall you return them to your brother." "You shall not see": I might think, even if he were a mil away; it is, therefore, written (Shemoth 23:4) "If you encounter (the ox of your foe, etc.") If "If you encounter," I might think, literally; it is, therefore, written "You shall not see." How is this to be resolved? The sages estimated one-seventh of a mil, a ris.

2. “When you encounter your enemy’s ox or ass gone astray, make every effort to return him” (Ex.23:4). We turn out to learn about transgressing both a prescriptive commandment and a proscriptive commandment.

“You must exert yourself to aid him” (Ex.23:5)— [The prescription is to] help unburden the ass. “You shall not see your brother’s ass fallen in the road, while you ignore him. You must labor to get him on his feet” (Dt.22:4)—

**Words of R. Judah b. Bethyra.**⁶⁹

footnotes: ⁶⁹ F:255. n.3, observes that this unit is based upon Ex. 23:5 and is closely paralleled in Mechilta-Ishmael. In his view, the passage, which is also unattested in many versions of Sifre, is foreign to the original work.

"You shall not see the ox of your brother": a negative commandment. And elsewhere it is written "If you encounter" — a positive commandment — whence we derive that (in the event of non-compliance) he transgresses a positive and a negative commandment.

"the ox of your brother": This tells me only of "the ox of your brother." Whence do I derive (as included in the mitzvah) the ox of your foe? From (Ibid.) "the ox of your foe" (i.e., in any event). If so, why is it written (here) "your brother"? Scripture (there) speaks only anent the evil inclination (i.e., Restore not only the ox of your brother, but even the ox of your foe — above the protestations of your evil inclination.)

"or his lamb straying": in the manner of strays. From here it was ruled; What is considered a lost object? If one found an ass or a cow grazing on the road, this is not a lost object. If he found an ox with its load overturned or a cow running in the vineyards, that is a lost object.

"and (you shall) ignore": Sometimes you do ignore (a lost object), and sometimes you do not ignore. How so? If he were a Cohein and the object were in the cemetery, (which a Cohein is forbidden to enter), or if he were an elder (i.e., a Torah scholar) and it were beneath his dignity (to retrieve it), or if his labor (to retrieve it) were greater than that of his neighbor, he is exempt (from retrieving it). This is the intent of "and you ignore" — Sometimes you do ignore and sometimes you do not.

"return shall you return them": If he returned it (the animal), and it ran away; returned it and it ran away — even four or five times — he must continue returning it, it being written "Return shall you return them." If he returned it to a place where it could be seen (by the owner), he need not deal with it. If it were stolen or lost, he is responsible for it — until he returns it to his (the owner's) domain, it being written "to your brother."