Parashat Ki Teitzei
Question
!A Gutten Erev Shabbos.
There is a well-known halachah regarding hashavas aveidah called zaken v’einah lefi kevodo, when returning a lost item would be beneath a person’s dignity.
As the Torah says:
“You shall not see your brother’s ox or sheep straying and ignore them; you shall return them to your brother.”
Rashi, Devarim 22:1
You shall not see…and ignore them - Our Sages taught that there are times when one may ignore a lost item. For example, if the finder is a Kohen and the animal is in a cemetery, or if he is a zaken and tending to the item would be beneath his dignity.
The question:
What is meant by zaken v’einah lefi kevodo? What type of dignity is being referred to? Does this apply specifically to a talmid chacham, for whom handling the item would be beneath the dignity of the Torah that he represents? Or does it refer to the dignity of any person who feels that walking through the street carrying such an object or leading such an animal simply past nisht for him?
Answer
Be’ezrat Hashem, I found that the Rishonim disagree on this matter. Their opinions are cited in the Shitah Mekubetzes on Bava Metzia 30a.
:The opinion of the Ritva
“A zaken for whom it is beneath his dignity.” Rabbeinu explains that this refers to a person who is a zaken in wisdom, and that it is beneath his dignity because of his Torah wisdom. The mitzvah is therefore set aside because of the honor of his Torah. However, an elderly or otherwise distinguished person is not considered exempt simply because it is beneath his dignity. He must either attend to the lost item or pay its value.
:The opinion of the Rambam
However, in Chapter 11 of Hilchos Gezeilah Va’Aveidah, halachah 13, the Rambam writes that this applies if the finder is a chacham or a respected elderly person. The Ran also rules this way.
(Rambam, Hilchos Gezeilah Va’Aveidah Chapter 11, Halachah 13)
If a person finds a sack or a basket, and he is a chacham or a respected elderly person who would not normally carry such items, he is not obligated to attend to them. He should consider what he would do if the item were his own. If he would retrieve it for himself, he is also obligated to return the other person’s item. If he would not set aside his dignity even for his own item, he is likewise not obligated to return the other person’s item.
We see from here that this halachah applies to every person. If someone would not carry such an item even if it belonged to him, he is also not obligated to pick it up for someone else. This is also the ruling of the Shulchan Aruch, Choshen Mishpat, siman 263.
This raises a question. Regarding other mitzvos, such as preparing for Shabbos, we find that even a person who does not usually involve himself in cleaning the house or cooking is nevertheless required to personally take part in the Shabbos preparations. The Shulchan Aruch, siman 250, states:
One should rise early on Friday morning to prepare what is needed for Shabbos. Even if he has several servants attending to him, he should make an effort to personally prepare something for Shabbos in its honour. Rav Chisda would finely chop the vegetables; Rabbah and Rav Yosef would chop wood; Rav Zeira would kindle the fire; and Rav Nachman would prepare the house, bring in the utensils needed for Shabbos and remove the weekday utensils. Every person should learn from them and should not say, “This is beneath my dignity,” because honoring Shabbos is itself his honor.
The Biur Halachah raises this question and answers as follows:
Because this is his honor - This resolves the question raised in Shu”t Chavos Yair: How were these great Sages permitted to set aside their dignity, when human dignity is so great that it can override a Torah prohibition? The answer is that personally involving oneself in a mitzvah is itself an honor, particularly when it is clear that he is doing so for the honor of Hashem. We find a similar idea regarding Dovid HaMelech, who said, “I will make myself even more lowly than this.”
This is different from a zaken returning a lost item that is beneath his dignity, or similar cases, where a talmid chacham’s honor would be diminished. The reason is that it is not apparent to everyone that he is engaged in performing a mitzvah.
Based on what we have learned, we presented two practical halachic questions to Moreinu HaGaon Harav Amram Fried shlit”a:
To what extent must a person personally involve himself in preparing for Shabbos? Is it sufficient for him to do just one thing?
Practically speaking, when is a person required to lower his dignity for the sake of performing a mitzvah? Must he always do so, as we find regarding the preparations for Shabbos?
The response of Moreinu Harav shlit”a:
It is sufficient to do one thing.
Only when it is evident that he is performing a mitzvah.
On behalf of the entire team at the Sheilot website, we wish you a Shabbos shalom u’mevorach
