Monday, March 2, 2009

Bava Kamma 64 - To Pay or Not To Pay Twofold? (Torts)

The verses "If a man steals an ox or a sheep... If being found will it be found the stolen article in his possessions, whether an ox, a donkey, or a sheep, live, he shall pay twofold" are expounded as amplification-limitation-amplification:

"Being found" and "will it be found" include everything and limitations: ox, donkey, and sheep exclude one thing each: ox excludes land, donkey excludes slaves, and sheep exclude legal documents from twofold payment. 

"If being found, will it be found" excludes from the twofold payment one who incriminates himself. Even if witnesses do come after his confession, he pays only what he stole.

Art: A Farmer At Rest With His Stock by Eugene Verboeckhoven

No comments: