Bava Kamma 065

11:
If someone steals [an ox or a sheep] and slaughters it and subsequently dedicates it to the Bet Mikdash … he must make four-fold or five-fold repayment. We have explained the term "hekdesh' many times. Here is a brief recapitulation of the concept:

In Halakhah, the moment one makes a promise to donate something to the Bet Mikdash – money, goods, a sacrifice – that "something" technically becomes the possession of God, in the keeping of the Temple Treasurer. The article is termed in Hebrew hekdesh. From the moment that the donor so decided in his or her mind to make the donation the commodities become the property of the Bet Mikdash and anyone deriving benefit from that property is guilty of sacrilegious embezzlement [me'ilah]. Hekdesh is therefore the status of material goods or monies declared by their owner to be dedicated (i.e. donated) to the Bet Mikdash. From that moment they cease to be the property of their erstwhile owner and become, in picturesque language, the property of Heaven.

Once a sheep or an ox becomes the property of Heaven, as it were, it cannot be restored to the person from whom it was stolen. It follows that the thief, who dedicated the animal to the Bet Mikdash, must reimburse the original owner fourfold or fivefold, depending on the animal stolen.

12:
If he steals [an ox or a sheep] and slaughters it for medical purposes or for the dogs he must make four-fold and five-fold repayment. Even if the animal was taken from its rightful owner for humanitarian purposes, such as medical treatment, the action nevertheless constitutes theft and the thief must make appropriate repayment. An example of an animal being used for medical purposes is found in the Gemara [Temurah 15b]:

Needless to say, if the stolen animal was used as food for dogs – wild or pets – appropriate repayment must be made.

To be continued.

Still on the subject of eved ivri, Elaine Friedland writes:

I would like you to clarify as to which type of slave would be freed during the Jubilee year.

I respond:

Elaine's question refers to the two types of slave recognised by Torah law. One is the eved ivri; we have now discussed this situation thoroughly. The other is the eved kena'ani, Canaanite slave. This term refers to any slave owned by a Jew but who is not Jewish by birth or conversion. When we studied Tractate Kiddushin, nearly 15 years ago, I gave this explanation of the eved kena'ani:

The Canaanite servant was a non-Jew taken into service in a Jewish household. The origin of the term "Canaanite" for this kind of servant most probably comes from the verse in Genesis 9:25:- "Cursed be Cana'an [son of Ham, son of Noah] – he shall be a slave of slaves to his brothers". The Canaanite servant [Eved Kena'ani] did not have the rights of the Jewish manservant [Eved Ivri]. According to the Torah [Leviticus 25:44-46] the Eved Kena'ani had an unlimited term of service which could also extend to the master's descendents.

The sages, as was their wont, considerably modified this ruling: A Jew was allowed to maintain in his possession a non-Jewish slave for one year only. At the end of the year the slave must either be sold to a non-Jew or he must agree to be converted to Judaism. If he does convert to Judaism he remains a slave either until he dies or until he is manumitted by his master. Sometimes these slaves became beloved members of the household: Rabban Gamli'el even sat shiv'ah for his slave Tabi when he died; Rabbi Eli'ezer manumitted a slave because a tenth was needed for a minyan!

The Torah [Leviticus 25:10] rules:

It follows, in response to Elaine's request, that it was the eved ivri who was released in the jubilee year – even if it occurred before the end of his six years of service.