Looking After Other People's Lost Belongings (Deuteronomy 22:1-3).
The principle behind this regulation was concern for one's neighbour, as revealed in looking after his lost belongings with a view to restoring them, and concern for covenant property. The latter concern came out more in the original giving of these laws where the reference was to the fact that they should do this even for their ‘enemies' (Exodus 23:4-5). There the principle of mutual guardianship of covenant property and ‘brotherhood' was being enforced. But here Moses was seeking to establish unity ready for the days ahead. The idea was of brotherliness and helpfulness, and getting involved on behalf of others.
Analysis using the words of Moses:
a You shall not see your brother's ox or his sheep go astray, and hide yourself from them. You shall surely bring them again to your brother (Deuteronomy 22:1).
b And if your brother be not near to you, or if you do not know him, then you shall bring it home to your house, and it shall be with you until your brother comes looking for it, and you shall restore it to him (Deuteronomy 22:2).
b And so shall you do with his ass; and so shall you do with his garment; and so shall you do with every lost thing of your brother's, which he has lost, and you have found. You may not hide yourself (Deuteronomy 22:3).
a You shall not see your brother's ass or his ox fallen down by the way, and hide yourself from them. You shall surely help him to lift them up again (Deuteronomy 22:4).
Note that in ‘a' the ox or sheep has gone astray, and in the parallel they have fallen down by the way. In ‘b' a ‘brother's' stray beast must be properly looked after, and in the parallel this is true also of clothing and anything the ‘brother' has lost.
‘ You shall not see your brother's ox or his sheep go astray, and hide yourself from them. You shall surely bring them again to your brother.'
The straying of livestock would be a regular occurrence. Here stress was laid on a man's responsibility towards his covenant brothers. Where straying livestock were discovered they must be taken in charge and every effort made to restore them in good health to their owner.
In Exodus 23 the ox and the ass are mentioned, being the most valuable. But the idea behind it was simply, of course, any domestic animal. This spirit of helpfulness was absent from the law of Hammurabi which dealt more with legal positions. Indeed to retain someone else's animal without their permission could there incur the death penalty. There all was suspicion. Here it is covenant love.
‘ And if your brother be not near to you, or if you do not know him, then you shall bring it home to your house, and it shall be with you until your brother comes looking for it, and you shall restore it to him.'
If the owner was known to live at a distance, or was for the time being unknown, the straying livestock must be housed and fed, probably separately and not mixed with his own herds and flocks, with the aim of restoring it in good condition to its owner. Where known no doubt a message would be sent to the owner, and in any case, as soon as the owner came seeking it, it was to be restored. But there was no responsibility to travel long distances in order to restore it. That was the owner's responsibility. After a time, if no one claimed it, it would presumably simply merge in among his own animals. Its continual upkeep and the lack of an obvious owner would justify this action.
‘ And so shall you do with his ass; and so shall you do with his garment; and so shall you do with every lost thing of your brother's, which he has lost, and you have found. You may not hide yourself.'
The sheep and cattle were mentioned first as being examples, but the same treatment in principle was to be followed with respect to any lost animal or article. They were not to deliberately let it pass unnoticed but do all that was reasonable to ensure its restoration in good condition to its owner. They were not to prevent the recovery of the articles in any way.