According to the first Beraisa which holds that "Im Yimatzei HaGanav" and "Im Lo Yimatzei HaGanav" are both discussing ToEin Taanas Ganav, why does the Torah express the same thing in two different ways with two different meanings for the word "Ganav" in consecutive Pesukim?
Jeremy Caplan, Edison, NJ
Rabeinu Pertz (DH Elah) says that the second "Ganav" also refers to the Shomer. He explains that the second Pasuk comes to clarify in which situation Kefel applies in the case of To'ein Ta'anas Ganav. The Pasuk comes to say that if the Shomer was not found to be the Ganav until the Ba'al ha'Bayis took the Shomer to Beis Din and the Shomer made a false Sh'vu'ah, then the Shomer must pay Kefel. However if the Shomer was found to be the Ganav before he made a false Sh'vu'ah then there is no Kefel.
Dov Freedman