No Punishment Is Derived by Logic Alone for the Thief

Yalkut Shimoni on Torah 342:1

"If a man steals an ox or a sheep" (Exodus 21:37). Even the one who slaughters and the one who sells were already included in the general rule, as it says, "if the thief is found" (Exodus 22:6). Yet Scripture removes him from the general rule to be stringent with him, that he should pay fourfold and fivefold; for this reason the passage was stated. "If a man steals an ox or a sheep" — to make him liable for this one on its own and for that one on its own. "And he slaughtered it" — I have only one who slaughters; from where do I include one who sells? Scripture teaches, "or sold it." Before this is stated, one might say: I have it by reasoning — if the one who slaughters is liable, shall the one who sells not be liable? If you say so, you have imposed a penalty by reasoning. Therefore it is said, "or sold it," to teach you that one does not impose penalties on the strength of reasoning alone.

Themes