Unloading the Burden of One You Hate

Mekhilta DeRabbi Shimon Ben Yochai 23:5

"When you see" (Exodus 23:5) — from this I know only a positive commandment. How do I know the negative commandment? Scripture teaches, "You shall not see" (Deuteronomy 22:4). It is written "when you see" and it is written "when you encounter" — a seeing that is like an encounter. "The donkey of one who hates you." Is this one who hates and is an enemy from within Israel? Is that possible, when Scripture says, "You shall not hate your brother" (Leviticus 19:17)? Rather, this is one whom he saw commit a transgression and warned, but the other did not desist, and there is no other witness present sufficient to have him flogged or to free him — so it is a commandment to hate him until he returns to good. Even so, it is a commandment to return his lost item and a commandment to unload with him and to load with him, as it is written, "As I live, says the Lord GOD, I do not desire the death of the wicked" (Ezekiel 33:11). "Crouching" — and not standing. "Under its burden" — and not unloaded. "And you would refrain from helping him" — how do you say: if it was a great man, or a priest standing in a cemetery, or the night of Shabbat had grown dark so that he is not permitted to attend to it? Scripture teaches, "and you would refrain from helping him" — there are times you refrain and times you do not refrain. "You shall surely help with him" — this is the commandment of unloading; and elsewhere it says, "you shall surely lift up with him" (Deuteronomy 22:4), which is the commandment of loading. Unloading is done without charge and loading for a fee; the commandment of unloading takes precedence over the commandment of loading. "You shall surely help with him" — if he went and sat down and said to you, "Since the commandment is upon you, unload it if you wish, or not," you are exempt, as it says "with him." Could this be even if he is old or ill? Scripture teaches, "you shall surely help" — "with him" includes the load that is upon his own shoulder.

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