Fourfold and Fivefold Payment for the Stolen Ox and Sheep

Mekhilta DeRabbi Shimon Ben Yochai 21:37

Curated by Arthur·Told by Maggid·

"If a man steals" (Exodus 21:37). I know only of a man; from where a woman? Scripture says "he shall pay," whether a man or a woman. If so, why is "a man" stated? For the matter below: the man is sold for his theft, but the woman is not sold for her theft. "An ox or a sheep." I know only of a specific ox and sheep; from where to include hybrids? Scripture says "or a sheep." Might one think I should include the koy [an animal of uncertain species]? Scripture says "five cattle he shall pay in place of the ox," for that which is wholly sheep; this excludes one that is not wholly sheep. "And slaughters it." Since an unclean animal, which has no [ritual] slaughter, is excluded, this implies it excludes an unclean animal and includes a clean wild animal, which has slaughter. Scripture says "ox" and not a wild animal. "Sheep" and not birds. "And slaughters it or sells it." I know only of himself; from where his agent? Scripture says "and slaughters it or sells it." I know only of one who steals and sells; from where one who steals and gives as a gift, who pledges, who exchanges, who pays a debt with it? Scripture says "or sells it." Might one think one who stole and [then] inherited and afterward slaughtered, or stole and consecrated and afterward slaughtered, pays fourfold and fivefold? Scripture says "if a man steals an ox or a sheep and slaughters it or sells it": just as the theft is of what is not his, so the slaughter and sale are of what is not his, excluding this, which is his. "And slaughters it or sells it." From here, regarding partners who stole, they are not liable until both sell or both slaughter, as it says "and slaughters it or sells it." "Five cattle he shall pay in place of the ox and four sheep in place of the sheep": a decree of the King. Might one think he may say, "Give me a hundred maneh in place of my ox," while the other says, "Take five oxen worth five selas each in place of your ox"? It is said "in place of" here and "in place of" elsewhere; just as there he pays only money, so here he pays only money.

Themes

LawDivine JusticeCommandments

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