1)

Having already written in Mishpatim Sh'mos, 23:5 "Azov Ta'azov Imo", why does the Torah repeat "Hakem Takim Imo"?

1.

Ramban #1: In Mishpatim it is an Asei. Here the Torah is adding a Lo Sa'Asei. 1

2.

Ramban #2: Here the Torah is adding that one is obligated to help load the animal if the animal together with the load have fallen on to the ground. 2

3.

Ramban #3: In Mishpatim the Torah is discussing a donkey, which it is common to load heavily and it staggers under the load; here it extends the obligation with regard to an ox - to teach us that one is obligated to help load it even though the owner should not have loaded it so heavily.

4.

Ramban #4: In Mishpatim, the Torah wrote "Oyvecha" and "Sona'acha", whereas here it writes "Achicha", to teach us to remember the brotherhood and forget the hatred and help him. 3

5.

Mechilta (Parshas Mishpatim): To obligate giving a hand to pick up the animal if it has fallen down.

6.

Sifri: To obligate to load the animal if the owner fails to help load because he is old or sick. 4

7.

According to the Sugya in Bava Metzi'a, 31a "Azov Ta'azov" is referring to unloading and "Hakem Takim", to loading.


1

There the Torah is discussing unloading? The Ramban must hold that it includes a Mitzvah to reload (PF). See Torah Temimah, note 30 and 32.

2

Ramban: Whereas in Mishpatim, the Torah wrote "Roveitz Tachas Ma'sa'o"- implying that the load is still on the animal's back. Refer also to 22:4:1.1:2. and note.

3

In Mishpatim, the Torah wrote "Oyvecha" in the previous Pasuk of Hashavas Aveidah, whilst here it writes "Achicha" both regarding Aveidah and loading. (PF)

4

Refer to 22:4:3:1.

2)

What are the implications of "Noflim ba'Derech"

1.

Refer to 22:4:1:3.

2.

Sifri: "Noflim" - 'to preclude where the animal is standing erect' 1 "be'Derech" - 'to preclude where the animal is (lost) inside the stable'.


1

It is not however clear why if the animal is standing and the load is on the ground, one is not obligated to help him load?

3)

What does the Mitzvah of "Hakeim Takim" entail?

1.

Rashi: It entails assisting a fellow Jew to reload the baggage that fell off his animal's back on to the animal.

4)

Why does the Torah use the double expression "Hakem Takim"?

1.

Bava Metzi'a, 31a: To teach us that one is obligated to load the animal even if the owner is not there. 1

2.

Sifri: To teach us that if he loaded it and it fell down again - even four or five times, he is obligated to load it gain. 2


1

Refer to 22:4:3:1.

2

According to the Gemara in Bava Kama, we know this from "Takim Imo", and the Torah repeats the word since that is the way people speak.

5)

Why does the Torah add the word "Imo"?

1.

Rashi: To teach us that one is only obligated to help load if the owner himself is also loading, 1 but not if he sits himself down and says 'Since it's your Mitzvah, if you want to fulfill it, go ahead!' 2


1

Refer to 22:4:1.2:1.

2

Refer to 22:4:1:6.

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