Ketubot 34 – Liable on two counts – which gives?

Previously we learned about an act that carries two punishments, such as violating one's sister, where he is liable to a penalty for violating a virgin, and lashes for doing it to his sister. We also saw a case of scheming false witnesses, who can get lashes for false testimony but are also liable to money payment if what they wanted to cause to their fellow with their false testimony would be him paying money.

To understand this deeper, let's consider another case: someone steals a sheep or an ox and then slaughters and sells the animal on Shabbat. Typically, one who steals and slaughters pays a special five-fold penalty for the ox and four-fold for the sheep (because, presumably, he carried the sheep on his shoulders, and this humiliation atones for a small part of his penalty).

However, for slaughtering on Shabbat, he deserves stoning. We would expect that he gets the toughest of the punishments and does not have to pay. And yet, Rabbi Meir requires him to pay four- or five-fold. Our solution: he does not slaughter the animal himself; instead, he instructs someone to do it. He is indeed liable for stealing the animal, slaughtering it, and selling the meat, because just as selling is done with the help of another, so can slaughter be done through an agent – but he himself did not violate Shabbat, so he is not stoned. (There is also an explanation for the opinion of the Sages, who do not punish him at all).

Art: The Payment of Dues by Georges de La Tour