daf bit: Chullin 81

[cellio]

The g'mara is discussing the laws of a specific case of idolatry, which is generally a death-penalty offense, and then discusses a general principle. R. Dimi came from Palestine and reported the following: if someone commits inadvertently an act that would be punishable with death or stripes had he been warned, and this act is also punishable with something else (e.g. money), then he is liable for the money though the other penalties cannot be carried out. (It is very difficult to rule for the death penalty under Jewish law.) This is the view of R. Yochanan. However, R. Shimon ben Lakish (Reish Lakish) says he is not liable for the money. (81b)

I can't tell if this is a case where the transgression is punishable by, say, death and money, but for inadvertent transgression R. Yochanan hands out only part of the sentence, or if this is more like our modern laws about killing, where intentional murder carries a death penalty but the lesser crime of manslaughter carries a lesser sentence.

Comments

[zevabe.livejournal.com]

The case is one of a single act which is simultaneously two different crimes. Say I steal a sack of cash on Shabbat through a public thoroughfare. On the one hand I must pay money for theft. On the other, I violated Shabbat. Under ordinary circumstances the principle of "kom leih b'd'rabbah minei" (suffice him with the more severe, or It's enough that he gets death, he needn't be fined as well) Say the witnesses warned me about theft but not Shabbat, or I knew I was stealing but not that it was Shabbbat. Does my exemption from death bring back the fine, or once gone due to the expected death penalty does it stay gone?

[cellio]

Oh, thanks! That helps a lot.