The Stolen Animal Found Alive Pays Double

Mekhilta DeRabbi Shimon Ben Yochai 22:3

Curated by Arthur·Told by Maggid·

"If the theft is actually found in his hand" (Exodus 22:3) if they saw him enter but did not find the theft in his hand, or found the theft in his hand but did not see him enter, he is exempt until they both see him enter and find the theft in his hand. From what is stated further on, "and it is stolen from the man's house" (Exodus 22:6), Scripture tells that he is not liable until he removes it from the owner's domain. One might think this case is likewise. From where do you derive that if he lifted it up within the owner's domain he is liable? Scripture teaches, "if the theft is actually found in his hand." "From ox" since we find regarding the fourfold and fivefold payment that one who steals in partnership, or a partner who steals from his fellow, is exempt, one might think this case is likewise; Scripture teaches "from ox" even part of an ox [to include partners who stole]. "To sheep" even part of a sheep. "From ox to donkey to sheep, alive" had Scripture said "ox" and "theft" alone, I might have reasoned that just as the ox has a firstborn offering for the altar, I include only what has a firstborn offering for the altar; what is that? A sheep. Therefore Scripture says "sheep" plainly. Then why say "theft"? To include something else. Had it said "ox and sheep," I might have included only what has a firstborn given to the priests, namely the donkey; therefore Scripture says "donkey," and "theft" comes to include something else. Had it said "ox and sheep and donkey," I might have included only what has the breath of life; therefore Scripture says "alive," and "theft" comes to include something else. One might think that one who steals his own son and sells him pays double. And it would follow by reasoning: if these, for whose sale one is not liable to death, require double payment, then his son, for whose sale one is liable to death, surely requires double. Scripture teaches "from ox to donkey to sheep" just as these are things one is permitted to sell, this excludes his son, whom one is not permitted to sell. I would exclude his son, whom one may never sell, but would I not still include his daughter, whom one may sell? Scripture teaches "from ox to donkey to sheep" just as these may be sold forever, this excludes his daughter, who may not be sold forever. And it likewise excludes land, which has no breakage, captivity, or death; and slaves, whose safekeeping is not upon you; and bonds of debt, which give you only proof of a claim and not the thing itself. "Alive he shall pay double" even without an oath. [The full argument by reasoning is rejected by:] Scripture teaches "alive he shall pay double" even without an oath. And one might think it is on his own admission; Scripture teaches "if it is found" there is no "found" anywhere except through witnesses.

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