Chasing Away a Lion

By: Rabbi Avrohom Adler

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The Mishna had stated: If it fell into a garden and benefitted from it, he must pay for what it benefitted.

Rav said (Bava Kamma 58a) that the Mishna’s ruling does not only apply if the animal eats, and therefore pays what it benefited. One might think that if it fell and was struck by the produce (reducing the impact of the fall) that the produce which was damaged should be akin to a case of chasing away a lion from his friend’s possessions (for the owner of the produce is doing a mitzvah by saving his fellow’s animal from injury), and therefore he should not even have to pay what he benefited. This is why the Mishna says that even in a case where the animal fell, the owner must pay for its benefit.

The Gemora asks: Indeed, why don’t we say that this is akin to a case of chasing away a lion from his friend’s possessions (where the friend does not have to pay for the chasing)?

The Gemora answers: The case of chasing away the lion was done (knowingly and) willingly, unlike the produce acting as a cushion that was not done with the consent of the owner of the produce.

Alternatively, the Gemora answers: When one chases away a lion, he does not incur a loss, as opposed to this case where he did incur a loss (as his produce was crushed by the animal’s fall).

Tosfos rules that the lion chaser is not entitled for compensation only in cases where it is not definite that the lion will cause a loss, for instance, where the lion is far away from the sheep, but he is concerned that it might come closer. However, if he would chase away the lion when the damage is imminent, for instance, where the sheep is already in the mouth of the lion, he is entitled for compensation.

Tosfos cites several proofs for this. One of the proofs is from a Gemora in Bava Metzia (31b) which rules that one who is returning a lost article is entitled to be compensated for his time. This, explains Tosfos, is because of the fact that if the finder will not get involved with the lost article, it will cause a definite loss to the owner.

The Rashba disagrees with the proof: He says that the only time he is not entitled to be compensated is if he gets involved willingly. By the case of returning a lost article, he has no choice, for the Torah commands him to pick it up and return it. The Torah does not instruct people to lose their own money in order to return someone else’s.

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Distinction between Charity and Returning a Lost Object

The Gemora (Kesuvos 108a) states regarding one who is forbidden by a vow to derive benefit from his fellow; the fellow is permitted to return his lost property to him. This is permitted because his primary intention is to fulfill the mitzvah, and he is not intending to provide pleasure to his friend.

This, explains the Shitah Mikubetzes, is in contrast to the mitzvah of giving charity, which would be forbidden. What is the difference between the two mitzvos? He explains: When charity is given to him, he is benefiting directly from the money; therefore, it is forbidden. When his lost object is returned, he is not deriving pleasure from the item; he is getting benefit from the fact that his fellow troubled himself to return the object to him. Regarding his fellow’s exertion, it may be said that his intention is to fulfill the mitzvah, and not to provide pleasure.

Others make the following distinction: Charity may be given to any poor person; it does not have to be given to this specific poor person. That is why it is prohibited to give this particular poor person charity. However, in order to fulfill the mitzvah of returning a lost object, it must be returned to the one who lost the item, and therefore, it would be permitted.

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