(Devarim 22:4) "You shall not see the ass of your brother or his ox fallen on the way and ignore them; lift up shall you lift up with him." "You shall not see the ass of your brother": This is a negative commandment. And elsewhere it is written (Shemoth 23:5) "If you see, etc.": That is a positive commandment.
This tells me only of "the ass of your brother." Whence do I derive (the same for) the ass of your foe? From (Shemoth 23:5) "the ass of your foe." If so, why is it written (here) "your brother"? Scripture (there) speaks anent the evil inclination (i.e., Assist not only the ass of your brother, but even the ass of your foe — against the protestations of your evil inclination.)
"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.
"and (you shall) ignore them": Sometimes you do ignore them and sometimes you do not ignore them. How so? If he were a Cohein and it were in the cemetery, (which a Cohein is forbidden to enter), or if he were an elder and it were beneath his dignity, or if his labor were greater than that of his neighbor, he is exempt, it being written "and you ignore": Sometimes you do ignore and sometimes you do not. (See #222).
"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).
(דברים כב ד) לֹא תִרְאֶה – מִצְוַת לֹא תַעֲשֶׂה; וּלְהַלָּן הוּא אוֹמֵר (שמות כג ה): ״כִּי תִרְאֶה״ – מִצְוַת עֲשֵׂה.
(Devarim 22:4) "You shall not see the ass of your brother or his ox fallen on the way and ignore them; lift up shall you lift up with him." "You shall not see the ass of your brother": This is a negative commandment. And elsewhere it is written (Shemoth 23:5) "If you see, etc.": That is a positive commandment.
חֲמוֹר אָחִיךָ, אֵין לִי אֶלָּא חֲמוֹר אָחִיךָ; חֲמוֹר שׂוֹנַאֲךָ מִנַּיִן? תַּלְמוּד לוֹמַר (שמות כג ה): ״חֲמוֹר שֹׂנַאֲךָ״ מִכָּל מָקוֹם. אִם כֵּן לָמָּה נֶאֱמַר אָחִיךָ? מְלַמֵּד שֶׁלֹּא דִבְּרָה תוֹרָה אֶלָּא כְּנֶגֶד הַיֵּצֶר.
This tells me only of "the ass of your brother." Whence do I derive (the same for) the ass of your foe? From (Shemoth 23:5) "the ass of your foe." If so, why is it written (here) "your brother"? Scripture (there) speaks anent the evil inclination (i.e., Assist not only the ass of your brother, but even the ass of your foe — against the protestations of your evil inclination.)
נֹפְלִים – וְלֹא עוֹמְדִים.
"fallen": and not standing.
בַּדֶּרֶךְ – וְלֹא בָּרֶפֶת. מִכָּן אָמְרוּ (בבא מציעא פ״ב מ״י): מְצָאָהּ בָּרֶפֶת אֵין חַיָּב בָּהּ, בִּרְשׁוּת הָרַבִּים חַיָּב בָּהּ.
"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.
וְהִתְעַלַּמְתָּ – פְּעָמִים שֶׁאַתָּה מִתְעַלֵּם וּפְעָמִים שֶׁאֵין אַתָּה מִתְעַלֵּם. כֵּיצַד? הָיָה כֹהֵן – וְהֵם בְּבֵית הַקְּבָרוֹת; אוֹ שֶׁהָיָה זָקֵן – וְאֵינוֹ לְפִי כְבוֹדוֹ, אוֹ שֶׁהָיְתָה אֲבֵדָה שֶׁלּוֹ מְרֻבָּה מִשֶּׁל חֲבֵרוֹ – פָּטוּר, שֶׁנֶּאֱמַר: וְהִתְעַלַּמְתָּ, פְּעָמִים שֶׁאַתָּה מִתְעַלֵּם וּפְעָמִים שֶׁאֵין אַתָּה מִתְעַלֵּם.
"and (you shall) ignore them": Sometimes you do ignore them and sometimes you do not ignore them. How so? If he were a Cohein and it were in the cemetery, (which a Cohein is forbidden to enter), or if he were an elder and it were beneath his dignity, or if his labor were greater than that of his neighbor, he is exempt, it being written "and you ignore": Sometimes you do ignore and sometimes you do not. (See #222).
הָקֵם תָּקִים עִמּוֹ, הֶעֱמִידָהּ – וְנָפְלָה, הֶעֱמִידָהּ – וְנָפְלָה, אֲפִלּוּ חָמֵשׁ פְּעָמִים – חַיָּב, שֶׁנֶּאֱמַר: הָקֵם תָּקִים עִמּוֹ. הָלַךְ וְיָשַׁב לוֹ, וְאָמַר לוֹ: הוֹאִיל וְעָלֶיךָ מִצְוָה, אִם רָצִיתָ לְהָקִים – תָּקִים – פָּטוּר, שֶׁנֶּאֱמַר: הָקֵם תָּקִים עִמּוֹ. יָכוֹל אֲפִלּוּ זָקֵן, וַאֲפִלּוּ חוֹלֶה, וַאֲפִלּוּ מֻכֵּה שְׁחִין? תַּלְמוּד לוֹמַר: הָקֵם תָּקִים עִמּוֹ.
"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).