Talmud Bavli
Talmud Bavli

Midrash for Bava Metzia 63:22

אמר רבא

and a positive command cannot supersede [combined] positive and negative commands! — It is necessary. I might think, Since the honour due to parents is equated to that due to the Omnipresent, for it is said, Honour thy father and thy mother;<span class="x" onmousemove="('comment',' Ex. XX, 12. ');"><sup>18</sup></span> whilst elsewhere it is said: Honour the Lord with thy substance;<span class="x" onmousemove="('comment',' Prov. III. 9: the fact that the same language is used of both shews that they are likened to each other. ');"><sup>19</sup></span> therefore he must obey him. Hence we are informed that he must not obey him. THERE IS A BIBLICAL PRECEPT TO UNLOAD, BUT NOT TO LOAD. What is meant by — 'BUT NOT TO LOAD'? Shall we say, not to load at all: wherein does unloading differ, because it is written, <i>Thou shalt surely help him</i>?<span class="x" onmousemove="('comment',' Ex. XXIII, 5. ');"><sup>20</sup></span> Yet in respect to loading, too, it is said, <i>thou shalt surely help him to lift them up again</i>!<span class="x" onmousemove="('comment',' Deut. XXII, 4. ');"><sup>21</sup></span> But [it means this:] It is a Biblical obligation to unload without remuneration, but not to load without payment, save only for remuneration. R. Simeon said: To load too without payment. We have [thus] learnt here what our Rabbis taught: Unloading [must be done] without pay; unloading, for pay. R. Simeon said: Both without payment. What is the reason of the Rabbis? — For should you think it is as R. Simeon: let Scripture state loading, and unloading becomes unnecessary; for I would reason: If one is bound to load, though no suffering of dumb animals nor financial loss is involved;<span class="x" onmousemove="('comment',' V. supra p. 193. ');"><sup>22</sup></span> how much more so unloading, seeing that both suffering of dumb animals and financial loss are involved!<span class="x" onmousemove="('comment',' When the animal falls under its burden and help is needed to unload it. ');"><sup>23</sup></span> Then for what purpose is it written? To teach you that unloading must be performed without payment, but loading only for payment. And what is R. Simeon's reason? — Because the verses are not explicit.<span class="x" onmousemove="('comment',' V. p. 194, n. 3. ');"><sup>24</sup></span> And the Rabbis?<span class="x" onmousemove="('comment',' How do they rebut this argument? ');"><sup>25</sup></span> — Why [say,] The verses are not explicit? Here it is written, [<i>If thou see the ass&nbsp;…] lying under his burden</i>;<span class="x" onmousemove="('comment',' Ex. XXIII. 5: this certainly implies that the burden is still upon it, and help is required for unloading. ');"><sup>26</sup></span> whilst there it is said, [Thou shalt not see thy brother's ass or his ox] fall down by the way, which implies, both they and their burdens are cast on the road.<span class="x" onmousemove="('comment',' And help is required to reload them. ');"><sup>27</sup></span> And R. Simeon?<span class="x" onmousemove="('comment',' How can he maintain that the verses are not explicit? ');"><sup>28</sup></span> — 'Fall down by the way' implies they themselves [the animals], their load being still upon them. Raba said:

Sifrei Devarim

"on the way": and not in the stall — whence it was ruled: If it were found (fallen) in the stall, the obligation does not obtain; if in the public thoroughfare, it does.
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Sifrei Devarim

"lift up shall you lift up": If he righted it, and it fell; righted it, and it fell — even four or five times — he must continue righting it, it being written "lift up shall you lift up." If the owner left (his fallen animal), sat down, and said to him: Since you have a mitzvah to unload, unload, he is exempt from doing so, it being written with him" (the owner). I might think that this were so even if he (the owner) were old or afflicted with boils; it is, therefore, written "lift up shall you lift up" (i.e., even in the latter instance).
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