כִּ֤י יִגְנֹֽב־אִישׁ֙ שׁ֣וֹר אוֹ־שֶׂ֔ה וּטְבָח֖וֹ א֣וֹ מְכָר֑וֹ חֲמִשָּׁ֣ה בָקָ֗ר יְשַׁלֵּם֙ תַּ֣חַת הַשּׁ֔וֹר וְאַרְבַּע־צֹ֖אן תַּ֥חַת הַשֶּֽׂה׃
אַז אַ מאַן װעט גנבֿען אַן אָקס אָדער אַ שעפּס, און װעט אים שעכטן, אָדער ער װעט אים פֿאַרקױפֿן, זאָל ער באַצאָלן פֿינף רינדער פֿאַרן אָקס, און פֿיר שאָפּ פֿאַרן שעפּס.
Jerusalem Talmud Bava Metzia
MISHNAH: If one deposited an animal or vessels with another1Without paying for the service. The paid trustee has to pay except for an act of God or armed robbery. and they were stolen or lost: If the other paid and did not want to swear2Since he avoids all oaths because of religious scruples. although they said that the unpaid trustee swears and is absolved3Mishnah 7:8, based on Ex. 22:6–8. He has to swear (1) that the object deposited is not in his possession and (2) that he was not negligent., in case the thief was found, he pays double restitution4Ex. 22:6.; if he slaughtered or sold it, he pays quadruple or quintuple restitution5Ex. 21:37.. To whom does he pay? To the person with whom it was deposited6Who had acquired the right to the deposited object by paying for it..
If the other had sworn and did not pay, in case the thief was found, he pays double restitution; if he slaughtered or sold it, he pays quadruple or quintuple restitution. To whom does he pay? To the owner of the deposit.
If the other had sworn and did not pay, in case the thief was found, he pays double restitution; if he slaughtered or sold it, he pays quadruple or quintuple restitution. To whom does he pay? To the owner of the deposit.
Jerusalem Talmud Bava Kamma
MISHNAH: The obligation to make double restitution1The general punishment of a thief, Ex. 22:3,8. is more frequent than that of paying quadruple or quintuple restitution since the obligation to make double restitution applies both to living things and to inanimate objects; but the obligation of paying quadruple or quintuple restitution only applies to oxen and sheep, as it is said: “If a man steal an ox or a sheep,2Ex. 21:37 decrees quintuple payment for stolen cattle sold or slaughtered by the thief and quadruple payment for stolen sheep or goats.” etc. He who steals from a thief does not pay double restitution, nor does the one who slaughters or sells after a thief pay quadruple or quintuple restitution.
Jerusalem Talmud Sanhedrin
MISHNAH: Money matters1Not only litigation involving loans, inheritances, gifts, or real estate, but also distribution of public funds (cf. Mishnah Peah 8:7). are judged by three [judges]; robberies2Including fraud. and injuries3Inflicted on humans. by three [judges], damages4Caused on living or inanimate property., half damages5Caused by somebody’s animals (cf. Mishnaiot Bava qamma 1:4–5)., double restitution6To be paid by the thief of inanimate objects, Mishnah Bava qamma 7:1. The thief of livestock pays quadruple or quintuple restitution. quadruple and quintuple restitution. The rapist7Who has to pay under four different categories (Mishnah Ketubot 4:1)., the seducer8Who has to pay under three different categories., and the calumniator9Who accuses his wife not to have been a virgin (Deut. 22:13–19). are judged by three [judges], the words of Rebbi Meïr; but the Sages say that the calumniator is judged by 23 because it might be a capital case10Since the woman is stoned if the husband’s accusation is proved correct (Deut. 22:20–21) and the biblical text implies that the court which might sentence the husband to a fine is the one which might pass a death sentence, the case has to be tried in a tribunal empowered to try capital cases.
According to rabbinic principles, Deut.22:13–21 cannot refer to a husband accusing his wife of not being a virgin since 1° by marriage, the husband became his wife’s relative and relatives are barred from appearing as witnesses; his case could not be heard. 2° there is no verse threatening a woman with death if she married when not a virgin. Therefore, the rabbinic interpretation of the paragraph is that the husband presents witnesses to the fact that his wife committed adultery while preliminarily married to him. A preliminarily married woman is married in respect to criminal but not civil law (cf. Introduction to Tractate Qiddušin).
Another aspect of criminal law in this case is the law of perjury, Deut. 19:18–19. Since the husband’s witnesses intended to have the woman stoned, if they are shown to be perjured they themselves are stoned. Therefore, the case may be heard only in a court competent to impose death sentences..
According to rabbinic principles, Deut.22:13–21 cannot refer to a husband accusing his wife of not being a virgin since 1° by marriage, the husband became his wife’s relative and relatives are barred from appearing as witnesses; his case could not be heard. 2° there is no verse threatening a woman with death if she married when not a virgin. Therefore, the rabbinic interpretation of the paragraph is that the husband presents witnesses to the fact that his wife committed adultery while preliminarily married to him. A preliminarily married woman is married in respect to criminal but not civil law (cf. Introduction to Tractate Qiddušin).
Another aspect of criminal law in this case is the law of perjury, Deut. 19:18–19. Since the husband’s witnesses intended to have the woman stoned, if they are shown to be perjured they themselves are stoned. Therefore, the case may be heard only in a court competent to impose death sentences..