לֹֽא־תִרְאֶה֩ אֶת־שׁ֨וֹר אָחִ֜יךָ א֤וֹ אֶת־שֵׂיוֹ֙ נִדָּחִ֔ים וְהִתְעַלַּמְתָּ֖ מֵהֶ֑ם הָשֵׁ֥ב תְּשִׁיבֵ֖ם לְאָחִֽיךָ
וְאִם־לֹ֨א קָר֥וֹב אָחִ֛יךָ אֵלֶ֖יךָ וְלֹ֣א יְדַעְתּ֑וֹ וַאֲסַפְתּוֹ֙ אֶל־תּ֣וֹךְ בֵּיתֶ֔ךָ וְהָיָ֣ה עִמְּךָ֗ עַ֣ד דְּרֹ֤שׁ אָחִ֙יךָ֙ אֹת֔וֹ וַהֲשֵׁבֹת֖וֹ לֽוֹ׃
וְכֵ֧ן תַּעֲשֶׂ֣ה לַחֲמֹר֗וֹ וְכֵ֣ן תַּעֲשֶׂה֮ לְשִׂמְלָתוֹ֒ וְכֵ֣ן תַּעֲשֶׂ֗ה לְכׇל־אֲבֵדַ֥ת אָחִ֛יךָ אֲשֶׁר־תֹּאבַ֥ד מִמֶּ֖נּוּ וּמְצָאתָ֑הּ לֹ֥א תוּכַ֖ל לְהִתְעַלֵּֽם׃
I can't remember who says it, but it's interesting that the pesukim in our parsha in this section (22:1-3) as well as throughout the perek refer to אָחִ֜יךָ, while in parshas Mishpatim, כִּ֣י תִפְגַּ֞ע שׁ֧וֹר אֹֽיִבְךָ֛ א֥וֹ חֲמֹר֖וֹ תֹּעֶ֑ה הָשֵׁ֥ב תְּשִׁיבֶ֖נּוּ לֽוֹ (23:4), the Torah speaks about אֹֽיִבְךָ֛. Before cheit ha'eigel you could speak of sinners and saints, those who are אֹֽיִבְךָ֛ and those who are אָחִ֜יךָ. After cheit ha'eigel, we are all tainted and are in the same boat together. Everyone is אָחִ֜יךָ
The meforshei pshat clarify that וְהִתְעַלַּמְתָּ֖ מֵהֶ֑ם is not what you are supposed to do. That phrase is connected with the the לֹֽא־תִרְאֶה֩, and is what to avoid. Ibn Ezra writes: והתעלמת – דבק עם לא תראה. Chazal derech derush do read it as a stand alone command, as there are times and circumstances where a person is allowed וְהִתְעַלַּמְתָּ֖ מֵהֶ֑ם to ignore the lost item and avoid fulfilling the mitzvah of hashavas aveida. But following the pshat reading, the question that begs asking is why the pasuk seems to be phrased so awkwardly. If the meaning is that one is not supposed to turn aside, then why not just phrase it in the negtive, like the last pasuk does, לֹ֥א תוּכַ֖ל לְהִתְעַלֵּֽם? Why phrase it in the positive so you need a peirush Rashi or an Ibn Ezra to make sense of things? In fact, why say anything at all in this pasuk when you have that לֹ֥א תוּכַ֖ל לְהִתְעַלֵּֽם at the conclusion?
A second problem in the pshat of the parsha is that the third pasuk seems like it could be eliminated entirely. Instead of speaking only about שׁ֨וֹר אָחִ֜יךָ א֤וֹ אֶת־שֵׂיוֹ֙ in the first pasuk and then adding an entire pasuk about חֲמֹר֗וֹ and שִׂמְלָתוֹ֒ and כׇל־אֲבֵדַ֥ת אָחִ֛יךָ, why not stick all of those items in the first pasuk? Why not say לֹֽא־תִרְאֶה֩ אֶת־שׁ֨וֹר אָחִ֜יךָ א֤וֹ אֶת־שֵׂיוֹ֙ או את חמורו או את שׂמלתו etc.? (Granted you also need to explain why each of these items has to be mentioned, but the gemara takes care of that question.)
Lastly, it's worth noting the formulation of לֹ֥א תוּכַ֖ל לְהִתְעַלֵּֽם instead of אל תתעלם (or something similar). לֹ֥א תוּכַ֖ל in other contexts means, "It can't be done," as opposed to here, where it means, "It may not be done." It's not impossible, it's just not allowed. We've discussed this formulation in other contexts, but it's still worth noting.
So what are we to make of this all?
The Alshich solves all three problems in one shot. This section, as well as other sections in our parsha, demands that we rise above the direction our natural inclination pulls us. You see an animal wandering in a road or a field, you know it is lost and needs to be taken care of and led home, but do you really want to go out of your way to do so? After all, we are all busy, we all have our own things to take care of -- who has time to get involved? Let the owner go find his animal and deal with it. וְהִתְעַלַּמְתָּ֖ מֵהֶ֑ם is what we are all thinking, what we all want to do, what human nature drives us to do. B y phrasing the pasuk this way the Torah is telling is that it knows exactly what is going on inside our head. But don't do it, says the pasuk. Overcome that inclination.
How is a person supposed to do that? The answer is הָשֵׁ֥ב תְּשִׁיבֵ֖ם לְאָחִֽיךָ. Chazal take note of the double phase here and teach us הָשֵׁב תְּשִׁיבֵם. הָשֵּׁב. אֲפִלּוּ מֵאָה פְּעָמִים מַשְׁמָע. The Alshich draws on the principle of mitzvah goreres mitzvah. If you work hard and manage to do the right thing once, הָשֵׁ֥ב, then it get's easier, and תְּשִׁיבֵ֖ם, you will end up doing it a second time as well. Once you take the first step in the right direction, the next step down that road comes more naturally and is even easier.
That first pasuk singles out ־שׁ֨וֹר אָחִ֜יךָ א֤וֹ אֶת־שֵׂיו because in those cases there is the animal to think of. You may not want to get involved, but on the other hand, it's hard not to take pity on an animal, especially a b'heima tehora. But once you take that first step, things snowball from there:
אך עתה אחר שהחלות לעשות מצוה זו בטהורים מובטחני בך שוכן תעש' לחמורו עם שהיא בהמה טמאה. ועדיין אפשר שיהי' רצון טוב במצוה למה שהוא בעל חי משום צער בעלי חיים אך מזה ימשך לך שוכן תעשה לשמלתו ואחרי ששלשת במצוה מאז דע לך שכ"כ תהי' מושרש ומלומד במצוה שמעצמך לא תוכל להתעלם
Once you do the right thing when it comes to a lost b'heima tehora, you will end up doing the right thing when it comes to a chamor, and then when it comes to a lost shirt, and then whenever the opportunity to do the mitzvah arises. After time, you become habituated to do the right thing. לֹ֥א תוּכַ֖ל לְהִתְעַלֵּֽם Not just that you are not allowed to, but at this point, you can't turn away. It's now built into your nature to do good.
It's hard to know whether there is a rhyme or reason to the smichus ha'parshiyos in Ki Teitzei. Some meforshim try to link each section to the next, others avoid dealing with the problem. The Alshich offers an explanation here, but I would like to suggest something a little different than what he writes. The parsha opens with the din of yefat to'ar, which is followed by ben sorer u'moreh because one bad turn leads to another -- gving into the temptation to take the yefat to'ar leads to the problems of the ben sorer. The ben sorer u'moreh himself is neherag al shem sofo, because given the direction he is headed, future crimes seem inevitable. A step in the wrong direction is followed by other steps down the same road. Our parshas of hashavas aveida is the same principle in action, but in a positive way. Instead of one bad turn leading to another, in this case it's one good turn leading to another, one positive step snowballing in the right direction until it is goodness which becomes inevitable.
Many meforshim talk about the message these parshiyos, which are always read this time of year, have for us in Elul. The lesson here is simple. If you are aiming to do an about face and break all your bad habits on erev Rosh haShana, it ain't gonna work. True change comes about gradually and takes time. That's why we have a full month to prepare for Yamim Noraim. You can't change everything at once, but what's important is to take that first step in the right direction. Change one small thing, and then mitzvah goreres mitzvah; that will lead to the next step in the right direction. Over time the transformation will happen. The wrong thing will eventually be a לֹ֥א תוּכַ֖ל, just not possible anymore, as an inclination toward goodness will become the norm.
