daf bit: Bava Kama 72

[cellio]

We know from the torah (Ex 21:37) that if a man steals an ox and kills or sells it, he must pay five oxen in compensation (five times damages). The mishna on today's daf discusses this case. If the thief is convicted of the theft on testimony of two witnesses and the slaughter or sale on testimony of those same witnesses, and the witnesses are shown to be schemers (who plotted together to testify falsely), the witnesses must pay the fivefold damages in full. (The torah says that false witnesses are subject to the penalty they sought to impose on the other. In this case they're testifying against the thief who would owe fivefold damages if guilty, so they pay the damages.) If, however, the theft is established by one pair of witnesses and the slaughter/sale by another and all the witnesses turn out to be schemers, then the first two pay twofold and the second pair pays threefold (for the total of fivefold). If only the second pair are schemers, the thief pays twofold and the latter witnesses threefold. If just one of the second pair is a schemer the testimony of the second pair is thrown out, but if one of the first pair is a schemer then everything is thrown out, because if there was no theft then there could be no illegal sale/slaughter. (72b)

For a sheep it's fourfold damages, according to the torah. I don't know why four for a sheep but five for an ox.

Comments

Sheep vs. Oxen

[isaac moses (from livejournal.com)]

Unfortunately, I don't remember the source for this, because I learned it in middle school, but it was probably either in the Gemara somewhere or in one of the classical commentaries. I doubt it's the only reason suggested. In fact, I doubt it's the best reason suggested. If you post the question on Mi Yodeya, I'll look into it more (i.e. check R' Hirsch). :)

When you steal an ox, you lead it on a leash. When you steal a sheep, you carry it on your back. The latter is quite undignified for the thief. Out of recognition for this ordeal, we marginally lower the penalty for theft+disposal.

Update: The source is Rashi ad loc., quoting Tannaim. He quotes the reason I described as well as another.

http://www.sefaria.org/Exodus.21.37?lang=bi&p2=Rashi_on_Exodus.21.37.1&lang2=bi

Re: Sheep vs. Oxen

[cellio]

Thanks! And the other reason Rashi gives: stealing an ox deprives the owner of the ability to do work but stealing a sheep does not. (Though the sheep produces milk and wool, which an owner might be relying on for sustenance, which Rashi doesn't bring up. But I suppose that could be because an ox is always a work animal while a sheep isn't always for immediate sustenance.)

Had Rashi not commented I would have asked the question, but I consider checking Rashi to be basic due diligence. :-) Which I hadn't yet done when I made this blog post.