Exodus 23: Finders Returners

“When you encounter your enemy’s ox or ass wandering, you must take it back. (כִּי תִפְגַּע שׁוֹר אֹיְבְךָ אוֹ חֲמֹרוֹ תֹּעֶה הָשֵׁב תְּשִׁיבֶנּוּ לוֹ) (Verse 4). The Koren Tanach of the Land of Israel notes that the laws of returning lost animals appear in various other cultures in the ancient Near East. The laws of Eshnunna from the northern Mesopotamia region state that an official that seized a stray animal was required to return the animal or it was considered theft. In Hittite laws, a stray domestic animal must be returned as well. The unique part of the law in the Torah is that it specifically calls out the lost animal of “your enemy.” If one is required to return the lost animal of their enemy, by inference one must return the lost animal of one’s friend. Why does the Torah have to mention ox and donkey? The donkey was the primary form of transportation in the Near East. The ox was the primary form of work in the fields. By listing both animals, the Torah explains that one must return both types of animals to their owner. It is also possible that the difference in the animals sets up different locations. Because the ox is a domestic animal, the ox would be found close to someone’s property. If the Torah only listed an ox, one might have assumed that if one finds the animal near the person’s property, then one needs to return it. The donkey as a mode of transportation could be found anywhere. The donkey therefore needs to be listed to explain that an animal found anywhere should be returned. If the Torah only listed the donkey, then one might have assumed that an animal must only be returned when the owner is far from their property and may be stranded if the animal is not returned. Finally, the Gemara deduces from the use of “happen upon” in this verse and “when you see” in the next verse (כִּי תִרְאֶה חֲמֹר שֹׂנַאֲךָ רֹבֵץ תַּחַת מַשָּׂאוֹ וְחָדַלְתָּ מֵעֲזֹב לוֹ עָזֹב תַּעֲזֹב עִמּוֹ) that there is a minimal distance that one is obligated to actively return an animal. If the Torah only said “if you see” then one might be obligated to return an animal that is a mile away wandering around if one can see it that far. By also adding “if you happen upon” the Torah is setting a minimal distance. The Gemara explains that this is about 1/7th of a mil.”Under U.S. common law, lost property is defined as personal property unintentionally parted from its owner. The finder has rights against everyone except the true owner. Most states have statutes requiring finders to report lost property to authorities; if unclaimed after a set period, ownership may transfer to the finder. Failure to follow these procedures can result in criminal liability for theft. In contrast, English common law historically imposed no such affirmative duty—a finder could keep lost property unless the true owner reclaimed it. Israeli law, based on Jewish legal principles and civil statutes, obligates a person who finds lost property to attempt to return it to its owner. If the owner cannot be found, the item must be handed over to authorities. The Guardian General Law governs unclaimed property; if no owner or heirs are located, the property is managed by the state and may eventually be transferred to state ownership.