Daily Mitzvah (Rambam)

The 269th prohibition is that we are forbidden from ignoring a lost object; instead, we must take it and return it to the owner.

The source of this prohibition is G‑d's statement1 (exalted be He), "[You must do the same to a donkey, an article of clothing, or anything else that your brother loses and you find;] you must not ignore it."

We have already explained2 the Mechilta's statement regarding lost objects: "We learn out [from these two verses] that one [who doesn't return a lost object] violates both a positive commandment and a prohibition." In the words of the Gemara,3 "returning a lost object constitutes a positive and negative commandment."

This prohibition is repeated in Mishneh Torah4 with a separate statement, "Do not just watch your brother's ox or sheep going astray." The Sifri says, "The verse, 'Do not just watch your brother's ox,' etc. constitutes a Biblical prohibition. The verse,5 'If you come across your enemy's ox [or donkey going astray, bring it back to him]' constitutes a positive command."

The details of this mitzvah are explained in the second chapter of tractate Bava Metzia.

Footnotes

1.

Deut. 22:3.

2.

P204 below.

3.

Bava Metzia 32a.

4.

Deut. 22:1.

5.

Ex. 23:4.

The 204th mitzvah is that we are commanded to return a lost object to its owner.

The source of this commandment are G‑d's statements,1"[If you come across your enemy's ox or donkey going astray,] return it back to him," and2 "You must return them to your brother."

Our Sages said explicitly,3 "The return of a lost object is a positive mitzvah." They4 also said, "We learn out [from these two verses] that one [who doesn't return a lost object] violates both a positive commandment and a prohibition." We will explain the prohibition regarding the lost object in the proper place.5

The details of this mitzvah are explained in the second chapter of tractate Bava Metzia.

Footnotes

1.

Ibid.

2.

Deut. 22:1

3.

Bava Metzia 32a.

4.

In N269, the Rambam quotes this statement in the name of the Mechilta. Our versions of the Mechilta don't have this wording, only the Sifri, parshas Seitzei.

5.

See the previous commandment, N269. The Rambam wrote "we will explain" because in Sefer HaMitzvos, all prohibitions are written after the positive commandments. As they are listed in Mishneh Torah, however, the prohibition comes first.