Bava Kamma 063

נושא: BK

BET MIDRASH VIRTUALI

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If someone [is convicted of] theft [of an ox or a sheep on the testimony of] two [witnesses] and slaughters or sells [the stolen animal on the testimony] of two other [witnesses] he must make four-fold or five-fold repayment. If someone steals and sells [an ox or a sheep] on Shabbat, or steals and sells [one] to idolatry, or steals, slaughters or sells on the Day of Atonement, or steals [an ox or a sheep] from his father then slaughters it or sells it and subsequently his father dies, or if someone steals [an ox or a sheep] and slaughters it and subsequently dedicates it [to the Bet Mikdash – in all these cases] he must make four-fold or five-fold repayment. If he steals [an ox or a sheep] and slaughters it for medical purposes or for the dogs, or if he slaughters [such an animal] and it is found to be terefah, or if he slaughters secular meat in the Priestly Court [in all these cases] he must make four-fold and five-fold repayment. Rabbi Shim'on excuses him from these [last] two.

5:
If someone steals and sells [an ox or a sheep] … to idolatry … he must make four-fold or five-fold repayment. The argument in this case is more or less the same as the argument in the case of Shabbat: there is no Torah prohibition that specifically bans the sale of anything for idolatrous purposes; the prohibition was introduced by the sages. Therefore, if someone steals an ox or a sheep and sells the animal to an idolator at a profit he must make four-fold or five-fold repayment.

6:
If someone steals, slaughters or sells [an ox or a sheep] … on the Day of Atonement … he must make four-fold or five-fold repayment. Here the argument is similar, but not really identical. The Torah [Leviticus 23:27-30] is quite specific about violations of the sanctity of the Day of Atonement:

The tenth day of this seventh month is the Day of Atonement. It shall be a sacred occasion for you: you shall practice self-denial … you shall do no work throughout that day. For it is a Day of Atonement, on which expiation is made on your behalf before your God. Indeed, any person who does not practice self-denial throughout that day shall be cut off from his kin; and whoever does any work throughout that day, I will cause that person to perish from among his people.

So the punishment for a violation of the sanctity of the Day of Atonement is punishment directly at the hands of God: "I will cause that person to perish". The sages call this punishment (wherever it occurs in the Torah) karet which is usually rendered 'excision'. There have been several explanations offered throughout the ages as to the nature of 'excision'. One explanation is that it means that physical death will bring with it spiritual death too: when the person dies their soul will be extinguished and, as Rambam puts it, their mortal remains will be nothing but 'excised matter'. Another explanation is that 'excision' refers to the premature death of the culprit. A third explanation is that it refers to death without surviving offspring. One thing is clear: 'excision' refers to 'death at the hands of heaven' and therefore no human court can inflict this punishment. That being the case, a thief who steals, slaughters or sells an ox or a sheep on the Day of Atonement must make four-fold or five-fold repayment.

To be continued.

Here is another of the questions that Juan-Carlos Kiel sent me. It is an extension of the question he posed in the previous shiur.

Is it not Levi's duty to care for his poor brethren? Is he not commanded by law to do so? Would not Shim'on, by taking Levi's lamb, help him fulfill Levi's duty to the poor and destitute?

I respond:

This sounds suspiciously like Robin Hood robbing the rich to pay the poor. No, if Shim'on steals Levi's property he is a thief.

And here is yet another of the questions put forward by Juan-Carlos:

Let's suppose Shim'on is so destitute he does not have the prutah the lamb costs + 3 additional punitive prutot. If he will be sold as a slave, his work as a hired man over six years will be worth many, many times, the value of the lamb plus the fines. Is that fair?

I respond:

I would imagine that a sheep would be worth a lot more than one prutah! Be that as it may, what Juan-Carlos writes is quite correct: the labour that he will do during his six years of servitude will be worth much more to his master than the worth of the original object which Shim'on stole. The Torah [Deuteronomy 15:12-18] makes this quite clear:

If a fellow Hebrew, man or woman, is sold to you, he shall serve you six years, and in the seventh year you shall set him free. When you set him free, do not let him go empty-handed: furnish him out of the flock, threshing floor, and vat, with which God has blessed you… When you do set him free, do not feel aggrieved; for in the six years he has given you double the service of a hired man.

But Juan-Carlos does not explain why he thinks that this is not fair. The erstwhile destitute thief has been given a steady job, food and lodging and family security for six years. Why is that not fair?

And one last question from Juan-Carlos for this time:

If Shim'on is sold into slavery to Levi Levi would made many times richer because of the stolen lamb. Shall he profit from the destitution of his kin?

I respond:

There is no requirement that the destitute thief be sold to the person from whom he stole. Obviously, the sale was usually to a rich person who could afford to undertake the rehabilitation of the thief. So the question is not relevant. (See my response to the previous question.)

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