(From the Reshima on “Shnaim Ochazin”)
A. The Law of Finding a Lost Item
The commandment of returning a lost item (Source 1): If two people are grasping a garment, one says, “I found it,” and the other says, “I found it,” both must make an oath and divide it (Source 2). The purpose of the oath is to verify their claims. The swearing is done in a way that highlights the severity of a false oath, often leading the guilty party to confess the truth. (Source 3)
B. “Two People Grasping” on a Soul Level
The Rebbe explains the Mishnah in terms of the human soul:
“Garment” refers to a mitzvah that a person fulfills and the reward they receive for it. “Two people grasping the garment” represents two individuals claiming credit for a particular mitzvah.
(The Torah and mitzvot are compared to food and clothing respectively. Just as food is absorbed by the body, so too is Torah absorbed by the mind of the learner (Source 4). Mitzvot are likened to garments that do not merge with the person.)
C. “Each Says It Is Entirely Mine”
Human nature tends to be influenced by societal norms. Maimonides therefore cautions that one should live in a community that promotes positive values (Sources 6 and 7). Accordingly, part of the credit for an upstanding person’s conduct goes to their teachers.
For this reason, our sages said, “A person should always live near their teacher,” as everyone requires positive influence. As the Talmud recounts, even King Solomon only married Pharaoh’s daughter after his teacher, Shimi, was killed. Had Shimi been alive, Solomon would not have done so. (Source 8)
“Each says it is entirely mine” – two people claim credit for the mitzvah: the person who performed it and the educator who guided them towards that path in life.
D. Both Shall Swear—and Divide
The Mishnah rules: “This one shall swear… and that one shall swear… and they shall divide it.”
The simple purpose of an oath is that when there is suspicion that someone is lying, the two parties are made to swear by G-d’s name. Since they will fear swearing falsely, they will admit the truth, thereby avoiding any lie. This practice can also be used personally, where a person may take an oath to fulfill a particular mitzvah (Source 9), using the solemnity of the oath to awaken internal strength that helps them uphold their commitment.
In our case, the teacher’s oath serves to clarify that their guidance came from the heart, out of love, not out of hatred or with harshness that could have distanced the student. As we see in the case of the prophet Elisha and Gechazi, severe punishment caused Gechazi to be distanced forever. (Source 10)
Likewise, the person who performed the mitzvah must swear that they did so from the heart, not merely out of habit or lip service. Otherwise, the Torah and mitzvot would not have their proper effect.
When the litigants swear that both the guidance and the performance of the mitzvah were done with a true and loving heart, the ruling is that they divide it—both deserve credit.
