The Laws › Commandment #173
Commandment #173 · Positive · Social & Ethical Laws

Haqem Taqim: The Obligation to Raise What Has Fallen

הָקֵם תָּקִים
Source: Deuteronomy 22:4  ·  Maimonides, Sefer HaMitzvot, Positive #202

Deuteronomy 22:4 yields three overlapping but distinct obligations. Commandment #167 (from Exodus 23:5) is the duty to unload a collapsing animal. Commandment #168 (from Deuteronomy 22:4) is the duty to reload an animal once it stands. Commandment #173 — this article — is the duty to physically raise the fallen animal, the act that must precede loading. The Talmud (Bava Metzia 32a–b) derives all three from the haqem taqim formula: 'raise up, you shall raise up,' 'with him.' The sequence is: unload → raise → reload.

You Shall Help Him to Lift Them Up

לֹא תִרְאֶה אֶת חֲמוֹר אָחִיךָ אוֹ שׁוֹרוֹ נֹפְלִים בַּדֶּרֶךְ וְהִתְעַלַּמְתָּ מֵהֶם הָקֵם תָּקִים עִמּוֹ
"You shall not see your brother's donkey or his ox fallen down by the way and ignore them. You shall help him to lift them up again."

Deuteronomy 22:4's commandment — haqem taqim — uses the infinitive absolute construction (literally 'raise up, you shall raise up') to express intensity and completeness. The obligation is not to gesture at helping; it is to physically lift the animal back onto its feet. The Talmud (Bava Metzia 32a–b) distinguishes three separate obligations embedded in this passage and its companion verse (Exodus 23:5): unloading a collapsed animal (#167), physically raising a fallen animal (#173, this commandment), and reloading the animal once it stands (#168). These are sequential, not identical.

The he field for this commandment in the rabbinic tradition is הָקֵם תָּקִים — the raising. It is specifically about getting the animal back on its feet, which is a prior and distinct act from loading cargo onto its back. An animal pinned by its own weight, legs folded under it, cannot be loaded until it is first helped to stand. The raising commandment addresses that prior, often harder, physical task.

Animal Welfare and Human Character

The Torah's concern for animals in pain is not incidental. Proverbs 12:10: 'A righteous man has regard for the life of his animal, but the mercy of the wicked is cruel.' The commandment to raise a fallen animal is one expression of the broader principle of tzar ba'alei chayyim — the prohibition of causing unnecessary suffering to living creatures. An animal lying on the road, unable to rise, is suffering now. The commandment does not allow that suffering to be ignored.

The Talmud (Bava Metzia 32b) rules that when both the unloading obligation (Exodus 23:5) and the raising/loading obligation (Deuteronomy 22:4) arise simultaneously — two animals fallen in the same road — unloading takes priority, because relieving an animal already crushed under its burden is more urgent than helping one that has merely fallen without a load. This prioritization shows that the law calibrates the degree of animal distress, not merely the category of obligation.

Key Figures

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The Three Obligations Together
Bava Metzia 32a derives from Deuteronomy 22:4 and Exodus 23:5 three distinct commandments that form a sequence: (1) unload the animal lying under its burden [#167], (2) raise the fallen animal [#173], (3) reload the burden once the animal stands [#168]. Each is a separate obligation that can arise independently — one may encounter an animal that has fallen without a load, requiring only raising and no loading, or a loaded animal that needs only unloading. The Torah's granularity here reflects its seriousness about each distinct act of care.
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Balaam and His Donkey
Numbers 22:21–33 (Numbers 22) shows Balaam striking his donkey when she would not move — the opposite of every obligation in Deuteronomy 22:4 and Exodus 23:5. The donkey was responding to the angel that blocked the road; Balaam beat her in frustration. When the donkey finally spoke, she asked: 'Am I not your donkey, on which you have ridden all your life?' Her appeal to relationship is the same logic the Torah encodes in law: animals in your care have a claim on your compassion.

Study Questions

For reflection and group study
How does the infinitive absolute construction haqem taqim (raise up, you shall raise up) express the intensity and completeness required by the commandment?
What is the Talmud's distinction between the three obligations of Deuteronomy 22:4 and Exodus 23:5, and why does it matter that raising is separate from loading?
Why does Talmudic law (Bava Metzia 32b) give unloading priority over raising when both obligations arise simultaneously?
How does the principle of tzar ba'alei chayyim (prohibition of animal suffering) ground the commandment in a broader Torah value?
How does Balaam's treatment of his donkey in Numbers 22 illustrate the failure to observe what Deuteronomy 22:4 requires?

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