Based on RAMBAM hilchos geneivah perek gimil simanim 12-17.
I haven't come across a modern scenario where the principal let alone the Keiphel, is worth significantly more than the Ganav.
If he's caught and has to continue on his own to pay the remaining principal and kenas applied to him according to the RAMBAM.
I'm 99% that once beis din implements a knas it becomes keseph (Makos when model bknas is patur vs it really being modeh bkeseph).
He finishes the six years is he now a Baal Chov/loveh or is he still considered a "Ganav" so would he
1. Have to continue with a son like he never finished the 6 years...
2. If he finished six and can't be sold for principal that exceeded his initial sale or the keifel does he have to pay back any Yoreish even when there is no son.
3. If the Ganav dies after 6. Does his current chov via beis din pass on to his yorshim...if yes how can he be convicted the eidim must be capable of Hazamah.
??????? ?? ???? ???? ?? ??? ????? Va'Asisem Lo Ka'asher Zamam -Lo v'Lo l'Zar'o
However completing his six he cannot be resold for the non paid remainder only another act...ergo once sold his Ganav psak is in effect but after he's a regular Baal chov ergo Hazamah is not an issue.
4. In the case of a regular creditor if the debtor dies he may collect from yorshim and if the loan was recorded even from people who purchased from the Baal Chov. Is Beis Dins record of mechirah and the remainder of the Chov considered a shtar Chov for the victim. Or a record of what the GANAV owes.
Or
??? ??? ??÷? ??÷?... ??? ?????? ????? ?? ??????? ?? ??? Ein Onshin ha'Banim Al Aveiros Shel ha'Av. Hefker Beis Din Hefker.
So when the Ganav dies so do his debts.
Avrahom, United States
Hello Rabbi Avraham,
I did not understand why you say that it is not possible to steal money that is greater than the value of the price of a person in the slave market. Haven't we heard of people who stole millions of dollars?
Regarding your questions if the Ganav dies.
1. It is simple and clear according to the Rambam that you brought and its origin in the Gemara, that as long as the theft was from one person, when the slave completes six years, he will not have to serve either the master or his son. This is determined by the theft, not by the work of the slave. If the theft is from the same person, he cannot be sold more than once.
2. In any case, it is clear that if the debtor dies, it is certain that the thief now owes his heirs, although with regard to Kefel, no one bequeaths a fine to his sons, and therefore the heir cannot claim money derived from Kefel, no matter what it is considered today.
3. The debt of the slave does not remain in court. As soon as he is sold, the money of the sale goes directly to the debtor, and he remains a slave for six years. If there is a debt beyond his sale price, the heirs have to pay the fund, just like any other debt he owes, or from the inheritance money, or from their father's state of honor.
Regarding what you brought up about Eidim Zomemim, there is no rule here of "Eidus she'I Ata Yachol le'Hazima", since the details are not relevant to this Halacha. If theoretically, it is possible for the witnesses to receive the same punishment, the fact that it does not really correspond in any case to the punishment they planned to inflict on this man, is not important.
4. I haven't found a clear source if the theft is considered to be a Milva bi'Shtar or a Milveh Al Peh, although Genaiva is called "Milva ha'Ketuva ba'Torah", and for such, the law is as if they are written, but I still need to review this.
I hope this helps,
Aharon Steiner