וַיְדַבֵּ֥ר יְהוָ֖ה אֶל־מֹשֶׁ֥ה לֵּאמֹֽר׃
English Explanation of Mishnah Bava Kamma
If a man robbed his fellow of the value of a perutah and swore [falsely] to him, he must take it to him even as far as Medea.
He may not give it to his son or to his agent, but he may give it to the agent of the court.
If his fellow had died he must return it to his heirs.
Leviticus 5:20-26 discusses a person who steals from another person (or unlawfully takes his property in another fashion) and afterward swears that he did not do so. In order to atone for his sin he must do three things: 1) Restore that which he stole; 2) He must pay back an additional fifth of the value of the stolen object; 3) He must bring a sacrifice (asham) to the Tabernacle/Temple. The first two obligations are in order to restore the property and pay a fine. The third obligation is in essence to atone for his false oath.
The remaining mishnayoth of our chapter will deal with these obligations, specifically the obligation to return the lost object and to add on a fifth. Note that what the mishnah calls a fifth is what we would call a quarter of the value. For instance if the stolen object was worth 100, the robber must add on another 25, thereby paying back 125. Since 25 is one fifth of 125 the Rabbis called it a fifth. It is also important to note that our mishnayoth will discuss a perutah. This is the smallest coin known to the Rabbis and was certainly not worth anything substantial in their time.
Our mishnah teaches the stringency of the law of swearing falsely on a stolen object. In order for the robber to make atonement for his crime of stealing and swearing falsely, he must bring the object to the original owner even as far as Medea (modern Iran). He cannot give it to a representative of the original owner. Rather he must confront him face to face. Alternatively he may use a representative of the court to return the object to the original owner. Finally, the mishnah tells us that it is obligatory to return it even to the heirs.
The single leniency of the mishnah is that this law does not hold true if he stole less than a perutah. Less than a perutah is not considered to have any value and therefore we cannot legally say that this person has stolen.
He may not give it to his son or to his agent, but he may give it to the agent of the court.
If his fellow had died he must return it to his heirs.
Leviticus 5:20-26 discusses a person who steals from another person (or unlawfully takes his property in another fashion) and afterward swears that he did not do so. In order to atone for his sin he must do three things: 1) Restore that which he stole; 2) He must pay back an additional fifth of the value of the stolen object; 3) He must bring a sacrifice (asham) to the Tabernacle/Temple. The first two obligations are in order to restore the property and pay a fine. The third obligation is in essence to atone for his false oath.
The remaining mishnayoth of our chapter will deal with these obligations, specifically the obligation to return the lost object and to add on a fifth. Note that what the mishnah calls a fifth is what we would call a quarter of the value. For instance if the stolen object was worth 100, the robber must add on another 25, thereby paying back 125. Since 25 is one fifth of 125 the Rabbis called it a fifth. It is also important to note that our mishnayoth will discuss a perutah. This is the smallest coin known to the Rabbis and was certainly not worth anything substantial in their time.
Our mishnah teaches the stringency of the law of swearing falsely on a stolen object. In order for the robber to make atonement for his crime of stealing and swearing falsely, he must bring the object to the original owner even as far as Medea (modern Iran). He cannot give it to a representative of the original owner. Rather he must confront him face to face. Alternatively he may use a representative of the court to return the object to the original owner. Finally, the mishnah tells us that it is obligatory to return it even to the heirs.
The single leniency of the mishnah is that this law does not hold true if he stole less than a perutah. Less than a perutah is not considered to have any value and therefore we cannot legally say that this person has stolen.
English Explanation of Mishnah Bava Kamma
List of relevant verses for Bava Kamma: They are listed in the order of their relevance throughout the tractate. Exodus 21:33-34 Exodus 21:35-36 Exodus 22:4-5 Exodus 21:28-32 Exodus 21:37 Exodus 22:3 Exodus 22:6-8 Exodus 21:18-19 Exodus 21:22-25 Leviticus 24:18-20 Deuteronomy 19:21 Leviticus 5:20-25 Numbers 5:5-8
Ibn Ezra
Do not swear by My Name falsely appears after “Do not steal…”, for someone who is accused of stealing, or of denying a deposit, must take an oath. Scripture uses the plural form of the verb, to include as well anyone who induces another to swear falsely.