Helping Unload the Burdened Animal and Subduing the Impulse

Yalkut Shimoni on Torah 352:9

"When you see" (Exodus 23:5) — I would hear even from far off; Scripture teaches "when you encounter," and so on. "Crouching" — and not habitually crouching. "Under its burden" — and not when its burden was beside it. "And you would refrain from helping him" — sometimes you refrain, sometimes you help. The donkey of an Israelite and the load of a Gentile: "you shall surely help"; the donkey of a Gentile and the load of an Israelite: "and you shall refrain." If he was among the graves [and the finder was a priest who would be defiled], he shall not become impure for it. If his father said to him "become impure," one might think he should become impure because a positive commandment overrides a negative commandment; therefore Scripture says "and you would refrain from helping him" — sometimes you refrain, sometimes you do not refrain. If his father said to him "do not unload with him, do not load with him, do not return his lost object to him," he shall not obey, because both he and his father are obligated in the commandments. "You shall surely help with him" — why is it said? Because it says "you shall surely lift up with him" (Deuteronomy 22:4); I would know only loading; from where unloading? Scripture teaches "you shall surely help with him." Rabbi Yoshiyah says: both this and that, Scripture speaks of unloading. I would know only unloading; from where loading? It is a logical inference: if unloading, which he can do by himself, you are warned about, then loading, which he cannot do by himself, surely you should be warned about; therefore Scripture spoke of the lighter case to learn from it the heavier. Rabbi Yehudah ben Beteira says: "you shall surely help with him" — this is unloading; "you shall surely lift up with him" — this is loading. From here Rabbi Shimon ben Yochai used to say: just as unloading is from the Torah, so loading is from the Torah. "You shall surely help with him" — why is it said? Because it says "you shall surely lift up with him"; I would know only loading and unloading; from where the animal itself [must be helped]? Scripture teaches "you shall surely lift up with him." "You shall surely lift up with him" — when you are equal to it [working alongside]. If the owner went and sat down and said to him, Since the commandment is upon you, if you wish to unload, unload — he is exempt, as it is said "with him." If the owner was old or sick, he is obligated. Rabbi Yose the Galilean says: if the load was more than its proper burden, he is not bound to it, as it is said "and you would refrain." An Israelite's animal and a Gentile's load: "you shall help." And according to whom is this? Rabbi Yose the Galilean, who said that the suffering of living creatures is not a Torah-level concern. And even if you say the suffering of living creatures is a Torah-level concern, even so, subduing one's impulse is preferable [so one helps even an enemy]. (See the Gemara on the matter of the friend and the foe.)

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