daf bit: Bava Kama 72
Aug. 11th, 2016 08:51 amWe 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.