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Why does Ki Seitzei add a negative prohibition and expand the obligation of hashavas aveidah beyond what Mishpatim already taught? The shiur develops that the two parshas address different purposes: Mishpatim obligates monetary restoration within reasonable limits, while Ki Seitzei—placed right after the law affirming man's tzelem Elokim—mandates restoring the finder's self-esteem, since losing something triggers a feeling of being a shoteh (one who cannot hold onto possessions).
The shiur analyzes the mitzvah (מצוה) of hashavas aveidah (returning lost objects) as it appears in Parshas Ki Seitzei, contrasting it with the earlier formulation in Parshas Mishpatim. Rabbi Zweig opens by noting several textual difficulties: First, Ki Seitzei introduces a negative prohibition (lo suchal l'hisaleim) for failing to return lost animals, which Mishpatim does not mention. Second, the Ramban (רמב"ן) points out that Mishpatim describes the animals as "to'eh" (lost/wandering), while Ki Seitzei uses "nidachim" (pushed away/distant). Why didn't the Torah (תורה) present the complete law initially, including both the negative prohibition and the expanded scope to distant objects? Rabbi Zweig draws attention to the juxtaposition in Ki Seitzei: the hashavas aveidah law immediately follows the requirement to take down a hanged mekallel (one who cursed God) before sunset, because leaving him hanging is "ki klelas Elokim talui"—an insult to God, since man is created in the divine image. This placement, he argues, is the key to understanding the expanded obligation.
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Ki Seitzei (Devarim 22:1-3) and Mishpatim (Shemos 23:4)
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