hebrew
1)

What will be the Din if someone steals an ox belonging to Hekdesh and Shechts or sells it?

1.

Bava Metzi'a, 57b: He is Patur, because Arba'ah va'Chamishah includes Kefel (double) for stealing, and,as we will see in 22:3, property belonging to Hekdesh is not subject to Kefel. Consequently, it is not subject to Arba'ah va'Chamishah either

2)

Why the difference between someone who steals an ox and slaughters or sells it, and someone who steals a Seh (a lamb or a kid-goat)?

1.

Rashi #1 (citing R. Yochanan ben Zakai) and Targum Yonasan: Because, whereas an ox walks on its own, a Seh needs to be carried (causing an embarrassment to the one who carries it on his shoulders); so, Hashem, who sympathizes with His creatures, reduced the Ganav's fine from five times its value to four. 1

2.

Rashi #2 (citing R. Meir), Rashbam and Targum Yonasan: Hashem increased the fine from four times to five, because someone who steals an ox deprives the owner of work. 2


1

Based on this ruling, the Bava Kama, 79b citing R. Yochanan ben Zakai declared the importance of Kavod ha'Beriyos.

2

Based on this ruling, the Bava Kama, 79b citing R. Meir declared how precious work is.

3)

Why does the Torah repeat "Tachas ha'Shor" and "Tachas ha'Seh"?

1.

Rashi: The Torah repeats them 1 in order to confine the Din of Arba va'Chamishah to an ox and a lamb. 2


1

See Sifsei Chachamim.

2

Otherwise, it would extend to all animals (Refer to 21:33:3:1*).

4)

What are the implications of "Arba'ah" and "Chamishah"?

1.

Mechilta: Both "Arba'ah" and "Chamishah" include the one that he stole. 1


1

See Torah Temimah, note 306.

5)

What are the implicatons of "Tachas ha'Shor" and "Tachas ha'Seh"?

1.

Bava Kama, 67b: It implies that the four or five animals that he pays as K'nas must be of the same the stole

6)

Why does a Ganav (covert thief) pay more than he stole, but a Gazlan (an open robber) does not?

1.

Rosh: A Ganav deceived Hashem and people, through stealing covertly. A Gazlan did his act openly.

7)

Rashi (citing R. Yochanan ben Zakai) writes that the fine for a Seh is smaller, for Hashem is concerned for people's honor; the Ganav had to carry it on his shoulder. In Bava Kama (11b) we say that a small animal is acquired through Meshichah, for it is not normal to carry it! How can the Gemara argue with R. Yochanan ben Zakai?

1.

Perhaps we rule like R. Meir, who argues with R. Yochanan ben Zakai (refer to 21:37:1:2). (PF)

2.

It is normal to lead a Seh, but it goes slowly. A thief fears being caught, and carries it, to speed his escape. He would carry also an ox, if he could; a Stam thief is not strong enough! (PF)

QUESTIONS ON RASHI

8)

Rashi writes that the fine for a Seh is smaller, because Hashem is concerned for people's honor; the thief had to carry it on his shoulder. When he found a Seh to steal, was he happy, or did he feel shame for carrying it?!

1.

Lev Eliyahu (p. 189): The Torah knows what is in one's mind. He feels somewhat bad about this, therefore his punishment is reduced.

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