Translation:Shulchan Aruch/Choshen Mishpat/272
Paragraph 1- If one encountered another on the road with his animal lying under its load, whether the load was an appropriate amount or was more than the appropriate amount, he is commanded to unload from the animal, as the verse states, “help, you shall help him.” If it was the animal’s practice to lie under its load often, or if it is standing still under its load, he is not obligated to assist. He should not unload and leave the owner afraid and go on his way. Rather, he must help him get up and reload the animal, as the verse states, “raise, you shall raise.” If he left the other afraid and did not unload or load, he has nullified a positive commandment and violated a negative commandment, as the verse states, “you shall not see your brother’s donkey etc.”
Paragraph 2- If the finder was a Kohen and the animal was lying in a cemetery, the Kohen would not contaminate himself by entering.
Paragraph 3- Similarly, if the finder was elderly and thus it was not his practice to unload and load, because it is beneath his dignity, he is exempt. This is the general rule: in any case where had the load been his he would have unloaded and loaded, he is obligated to load and unload for another. If he was pious, he would go beyond the letter of the law. Even if he was the greatest leader and saw another’s animal lying under a load of straw, reeds or something similar, he would unload and load with him. There are those who disagree, as discussed above at the end of Siman 263.
Paragraph 4- If one unloaded and loaded, and the animal fell again, he is required to load and unload another time, even it happens 100 times, as the verse states, “help you shall help. . . raise, you shall raise.” Thus, he must travel with the owner for a parsah unless the owner tells him he doesn’t need him to.
Paragraph 5- When is one required to unload and load with the owner? When he sees the animal in a way that qualifies as an encounter, because the verse states, “when you see” and also says “when you encounter.” How much did the Rabbis say is the amount of distance between the parties that would trigger the requirement? 266 2/3 amos, which is 1/7.5 mil. If the parties were further apart, he would not be required to assist.
Paragraph 6- There is a biblical commandment to assist with unloading for no cost, just like a lost item. See above Siman 265. With respect to loading, however, there is a commandment but he can collect his wage. Similarly, he may collect wages for the time he spends traveling a parsah with him.
Paragraph 7- If one saw another’s animal lying down, even if the owner is not there, there is a commandment to unload and reload the animal, as the verse states, “help, you shall help . . . raise, you shall raise.” Nevertheless, the verse still states, “with him” so that if the owner of the animal was there and went and sat down and told the individual who encountered him that because he has a commandment if he wants to unload he should do it himself, then that person would be exempt because the verse states “with him.” If the owner of the animal was old or sick, he would be required to load and unload by himself.
Paragraph 8- If the animal belonged to an idolater and the load belonged to Jew and the idolater was following the animal, the finder would not be required to assist. If he was not walking with his animal, the finder would be required to unload and load because of the Jew’s suffering.
Paragraph 9- Similarly, if the animal belonged to the Jew and the load belonged to an idolater, the finder would be required to unload and load because of the Jew’s suffering. If the animal and load belonged to an idolater, however, he would not be required to assist unless there is a concern of animosity. There are those who say that one would be required to unload, even if the idolater is not there, because of pain to the animal which is a biblical concern. Similarly, in any situation where one is exempt from unloading, he would still be required because of the pain to the animal. The practical difference in the requirement is that he would be able to accept payment.
Paragraph 10- If one encounters two animals, where one was lying under its load and one was unloaded by the owner himself but he could not find anyone to reload, there is a mitzvah to unload first because of the animal’s suffering, and he would then load the other animal. When is this true? Where both individuals were enemies or friends of the finder. If he was an enemy to one and a friend to the other, however, there is a mitzvah to load the enemy first in order to squash his evil inclination. This is only with respect to someone who he hates for a standard reason and not because he violated a prohibition. If enemy violated a prohibition and he hates him because of the sin he committed, he would not have to load with him in order to squash his inclination because he is doing the right thing by hating him.
Paragraph 11- When the Torah refers to an enemy it is not referring to an idolater, but a Jew. How can Jew be an enemy of another Jew when the Torah says, “do not hate your brother in your heart?” The Rabbis gave an example of where he by himself saw someone violate a sin and he warned him but he did not retract. In such a case there is a mitzvah to hate him until he repents and returns from his wicked way. Even if he has not yet repented, if the finder found him scared with his load, he is commanded to load and unload with him and not leave him there to die in the event he stays there for monetary reasons and comes to danger. The Torah cares about both wicked and righteous Jews lives if they are joined with God and believe in the primary principles, as the verse states, “say to them, as I live, says God, If I were to desire the death of the wicked. Rather, the wicked should return and live.”
Paragraph 12- If one of the donkeys in a group of donkeys had wobbly legs, the other riders cannot pass in front of him. If the donkey fell, they would be permitted to pass in front of him.
Paragraph 13- If one animal had a load and the other had a rider, and the road was narrow, we would remove the rider to allow the load to pass. If one had a load and the other was empty, we would we would remove the empty one to allow the load to pass. If they were both loaded, both had riders or were both empty, they would reach a settlement between them.
Paragraph 14- Similarly, if two boats were passing and they encountered each other and if they both passed simultaneously they would both sink, but if one went after the other they would pass, or if two camels were climbing a steep hill and they encountered each other and had both passed simultaneously they would fall but if one went up after the other they would make it up, what would they do? If one was loaded and the other was not, the one not loaded would be pushed aside for the loaded one. If one was close and one was far, the close one would be pushed for the far one. If both were far, both were close or both were loaded, because they are all in the same spot, they would settle with each other and pay each other off. On this and on anything similar, the verse states, “with righteousness shall you judge your friend.”
Paragraph 15- If a caravan camped in the desert and troops came to seize from the them and they came to an agreement on an amount with the troops, we would appraise each person’s obligation based on money, and not based on people. If they hired a scout in front of them to show them the way, they would appraise based on money and people. One should not deviate from the custom of the donkey-riders.
Paragraph 16- Donkey-riders are permitted to make a condition with each other that if anyone in the caravan loses a donkey they will provide him another donkey. If he was negligent, they would not be required to give him a new one. If he misplaced his donkey and asked for money and said he does not want to purchase a donkey but I will guard with you, we would not listen to him. Rather, we would give him another donkey so that he should be motivated and guard his animals, even if he has another animal in the caravan, because he will be more dedicated to guard two than one.
Paragraph 17- If a boat was travelling at sea, and wind threatened to sink it and they had to lighten the load, they would appraise based on load and not based on money See later 301:1. One should not deviate from the custom of boat-riders.
Paragraph 18- Boat-riders can make a condition between them that if anyone loses a boat they will provide him with a new one. If one was negligent and lost the boat or he went to an area one does not go to at that time, they are not required to provide him with a new boat.