Bava Kamma 7

Chapter 7

א מְרֻבָּה מִדַּת תַּשְׁלוּמֵי כֶפֶל מִמִּדַּת תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה, שֶׁמִּדַּת תַּשְׁלוּמֵי כֶפֶל נוֹהֶגֶת בֵּין בְּדָבָר שֶׁיֶּשׁ בּוֹ רוּחַ חַיִּים וּבֵין בְּדָבָר שֶׁאֵין בּוֹ רוּחַ חַיִּים, וּמִדַּת תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה אֵינָהּ נוֹהֶגֶת אֶלָּא בְּשׁוֹר וָשֶׂה בִּלְבַד, שֶׁנֶּאֱמַר (שמות כא) כִּי יִגְנֹב אִישׁ שׁוֹר אוֹ שֶׂה וּטְבָחוֹ אוֹ מְכָרוֹ וְגוֹ'. אֵין הַגּוֹנֵב אַחַר הַגַּנָּב מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל, וְלֹא הַטּוֹבֵחַ וְלֹא הַמּוֹכֵר אַחַר הַגַּנָּב מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה:

1 The measure of paying kefel (double payment) is broader than that of the measure of paying four and five. For the measure of paying kefel obtains both with that which has a sprit of life, [viz. (Exodus 22:8): "…for a lamb, for a garment, for every lost object … he shall pay double."], whereas the measure of paying four and five obtains only with ox and lamb alone, it being written (Exodus 21:37): "If a man steal an ox or a lamb, and slaughter it or sell it, etc." One who steals after the (first) thief does not pay kefel; and one who slaughters and sells after the thief does not pay four and five, [it being written (Exodus 22:6): "and it be stolen from the house of the man" — and not from the house of the thief.]

ב גָּנַב עַל פִּי שְׁנַיִם, וְטָבַח וּמָכַר עַל פִּיהֶם אוֹ עַל פִּי שְׁנַיִם אֲחֵרִים, מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. גָּנַב וּמָכַר בְּשַׁבָּת, גָּנַב וּמָכַר לַעֲבוֹדָה זָרָה, גָּנַב וְטָבַח בְּיוֹם הַכִּפּוּרִים, גָּנַב מִשֶּׁל אָבִיו וְטָבַח וּמָכַר וְאַחַר כָּךְ מֵת אָבִיו, גָּנַב וְטָבַח וְאַחַר כָּךְ הִקְדִּישׁ, מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. גָּנַב וְטָבַח לִרְפוּאָה אוֹ לִכְלָבִים, הַשּׁוֹחֵט וְנִמְצָא טְרֵפָה, הַשּׁוֹחֵט חֻלִּין בָּעֲזָרָה, מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. רַבִּי שִׁמְעוֹן פּוֹטֵר בִּשְׁנֵי אֵלּוּ:

2 If two witnesses testified that a man stole, and they or two others testified that he slaughtered or sold, he pays four and five. If he stole and sold on Shabbath, [(he pays four and five), but if he slaughtered, the punishment being stoning, kam leih biderabbah mineih (see 6:5)], if he stole and sold to idolatry, if he stole and slaughtered on Yom Kippur, [(he pays four and five), for its deliberate transgression is punishable only by kareth (cutting-off). And this, in an instance where he was not forewarned, the ruling being that all who are liable to stripes (if forewarned), if unwitting (i.e., not forewarned) are liable for payment. But those who are liable to judicial death penalty (if witting), even if unwitting, are exempt from payment.], if he stole from his father and slaughtered or sold, and then his father died, he pays four and five, [but if his father died and then he slaughtered, it is taught below (7:4) that he is exempt, having sold and slaughtered his own by virtue of having inherited his father.] If he stole and slaughtered and then dedicated (the flesh to the Temple), he pays four and five. If he stole and slaughtered for healing (a sick man) or for feeding to dogs, if he slaughtered and it was found to be treifah (ritually unfit), if he slaughtered chullin (a "mundane," non consecrated animal) in the Temple court, he pays four and five. R. Shimon exempts these two [treifah and chullin in the Temple court. R. Shimon holding that slaughtering which is not fit for eating is not called "slaughtering." But for healing and for (feeding to) dogs, it is valid slaughtering, for if he wishes, he may eat of it.]

ג גָּנַב עַל פִּי שְׁנַיִם וְטָבַח וּמָכַר עַל פִּיהֶם, וְנִמְצְאוּ זוֹמְמִין, מְשַׁלְּמִין הַכֹּל. גָּנַב עַל פִּי שְׁנַיִם וְטָבַח וּמָכַר עַל פִּי שְׁנַיִם אֲחֵרִים, אֵלּוּ וְאֵלּוּ נִמְצְאוּ זוֹמְמִין, הָרִאשׁוֹנִים מְשַׁלְּמִים תַּשְׁלוּמֵי כֶפֶל, וְהָאַחֲרוֹנִים מְשַׁלְּמִין תַּשְׁלוּמֵי שְׁלֹשָׁה. נִמְצְאוּ אַחֲרוֹנִים זוֹמְמִין, הוּא מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל, וְהֵן מְשַׁלְּמִין תַּשְׁלוּמֵי שְׁלֹשָׁה. אֶחָד מִן הָאַחֲרוֹנִים זוֹמֵם, בָּטְלָה עֵדוּת שְׁנִיָּה. אֶחָד מִן הָרִאשׁוֹנִים זוֹמֵם, בָּטְלָה כָּל הָעֵדוּת, שֶׁאִם אֵין גְּנֵיבָה אֵין טְבִיחָה וְאֵין מְכִירָה:

3 If two witnesses testified that a man stole, and also that he slaughtered or sold, and they were found to be scheming witnesses (edim zomemin - see Deuteronomy 19:19), they pay everything. If two witnesses testified that he stole, and two others that he slaughtered or sold, and both were found to be zomemin, the first pay kefel and the second, three [for the ox, as when the second were rendered zomemin first. For if the witnesses to stealing were rendered zomemin first, the testimony of slaughtering is nullified, for it may be that the owner sold it to him, so that if they (the witnesses to slaughtering) are rendered zomemin, why should they pay?] If the last were found to be zomemin, he (the thief) pays kefel and they pay three. If one of the last were found to be a zomem, the second testimony is nullified [and the thief pays kefel because of the first testimony, and they (the second pair) are exempt, for witnesses do not pay money until both have been rendered zomemin.] If one of the first were found to be a zomem, the entire testimony is nullified. For if there is no stealing, there is no slaughtering or selling. [And he (the accused) is exempt (from payment) and they the witnesses) are exempt. And even if the second pair were rendered zomemin afterwards, they do not pay, for their testimony had already been nullified and they had been refuted (i.e., if he had not stolen, he had not slaughtered), and for this (being refuted) they are not liable (to pay), but only where they were told: "You were with us," in which instance the substance of the testimony itself is voided. And it goes without saying that if both of the first witnesses were rendered zomemin first, the second testimony is nullified. It is just that when only one of the first witnesses is rendered zomem both pairs are nullified. But when both of the first witnesses are rendered zomemin, their testimony is not nullified, but they pay kefel.]

ד גָּנַב עַל פִּי שְׁנַיִם, וְטָבַח וּמָכַר עַל פִּי עֵד אֶחָד, אוֹ עַל פִּי עַצְמוֹ, מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל, וְאֵינוֹ מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. גָּנַב וְטָבַח בְּשַׁבָּת, גָּנַב וְטָבַח לַעֲבוֹדָה זָרָה, גָּנַב מִשֶּׁל אָבִיו, וּמֵת אָבִיו, וְאַחַר כָּךְ טָבַח וּמָכַר, גָּנַב וְהִקְדִּישׁ וְאַחַר כָּךְ טָבַח וּמָכַר, מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל וְאֵינוֹ מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. רַבִּי שִׁמְעוֹן אוֹמֵר, קָדָשִׁים שֶׁחַיָּב בְּאַחֲרָיוּתָם, מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. שֶׁאֵין חַיָּב בְּאַחֲרָיוּתָם, פָּטוּר:

4 If two witnesses testified that he stole, and one witness or he himself testified that he slaughtered or sold, he pays kefel but does not pay four and five. [Even though it is obvious that he does not pay four and five by the testimony of one witness, we are being apprised that his testimony is comparable to that of one witness, viz.: Just as with one witness, if another witness comes after him, he combines with him and makes him (the accused) liable, so, with his own testimony, if witnesses come after his admission, they render him liable; for if one admits to a penalty payment and witnesses come thereafter, he is liable. This, when he said: "I did not steal," and witnesses came and testified that he did steal, and he then admitted to slaughtering or selling, and witnesses then came and testified that he slaughtered or stole, in that instance he is liable. For when he admitted to slaughtering or selling he did not impose any liability upon himself, realizing that one who admits to a penalty payment is exempt (from payment), so that there is no admission here at all. But when one says: "I stole," and witnesses came thereafter to that effect, he is exempt (from the penalty payment), for he rendered himself liable to pay the principal in any event through his admission, so that this is a bona fide admission and he is exempt from kefel even if witnesses come thereafter.] If he stole and slaughtered on Shabbath, if he stole and slaughtered for idolatry, if he stole from his father and his father died and then he slaughtered and sold, [so that, being his father's heir, his slaughtering is not entirely forbidden], if he stole and dedicated (to the Temple) and then slaughtered or sold, [so that he slaughtered what belonged to the Temple and not to the (original) owner], he pays kefel, but does not pay four and five. R. Shimon says: For kodshim (consecrated property) which he (the owner) must replace, he (the thief) pays four and five. (For kodshim) which he need not replace, he is exempt. [R. Shimon is not referring to the words of the preceding tanna, viz.: "If he stole and dedicated and then slaughtered or stole," and he does not differ there. Rather, he is referring to the statement of the rabbis elsewhere to the effect that if one steals hekdesh (consecrated property) from the house of the owner he is not liable (for kefel), it being written (Exodus 22:6): "…and it be stolen from the house of the man" — and not from the house of hekdesh. Concerning this, R. Shimon tells us that he is liable for kodshim which he must replace, this satisfying: "and it be stolen from the house of the man." For since the owner must replace it, when he slaughters it, he slaughters what belongs to the owner. And even with kodshim that he must replace R. Shimon rules the thief liable for four and five payment only when he slaughters them unblemished within (the Temple) for the sake of the owner, the blood spilling (and not being sprinkled, in which instance the slaughtering is valid but the owner must replace it), or when he slaughters them blemished outside, even though they were not redeemed, R. Shimon holding that everything awaiting redemption is regarded as redeemed, so that the slaughtering is valid. But if he slaughtered them unblemished outside, the slaughtering is not valid, and R. Shimon holds (7:2) that slaughtering which is not valid is not called slaughtering and does not make one liable for four and five payment. The halachah is not in accordance with R. Shimon.]

ה מְכָרוֹ חוּץ מֵאֶחָד מִמֵּאָה שֶׁבּוֹ, אוֹ שֶׁהָיְתָה לוֹ בוֹ שֻׁתָּפוּת, הַשּׁוֹחֵט וְנִתְנַבְּלָה בְיָדוֹ, הַנּוֹחֵר, וְהַמְעַקֵּר, מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל וְאֵינוֹ מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. גָּנַב בִּרְשׁוּת הַבְּעָלִים וְטָבַח וּמָכַר חוּץ מֵרְשׁוּתָם, אוֹ שֶׁגָּנַב חוּץ מֵרְשׁוּתָם וְטָבַח וּמָכַר בִּרְשׁוּתָם, אוֹ שֶׁגָּנַב וְטָבַח וּמָכַר חוּץ מֵרְשׁוּתָם, מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. אֲבָל גָּנַב וְטָבַח וּמָכַר בִּרְשׁוּתָם, פָּטוּר:

5 If he sold it except for one-hundredth of it [i.e., If a thief sold all of the ox except a small thing in it, of those things which are permitted in it through slaughtering, he is not liable (for four and five), it being written (Exodus 21:37): "and he slaughter it or sell it" — (he is not liable) until he sells all the things that are permitted by slaughtering (as opposed to holding back its shearings or its horns, this not being "leaving over," and not exempting him)], if he (the thief) owned it in partnership (with the one he stole it from), if he slaughtered it and it became carrion under his hand, if he tore it [from its nostrils to its heart], if he tore out [the slaughtering sites, he is exempt, even according to the rabbis, who say that invalid slaughtering is called slaughtering, for this is not slaughtering at all.], he pays kefel and does not pay four and five. If he stole it in the owner's domain, and slaughtered or sold it outside of his domain; if he stole it outside of his domain, and slaughtered or stole it in his domain; if he stole and slaughtered or sold it outside of his domain, he pays four and five. But if he stole and slaughtered or sold in his domain, he is not liable.

ו הָיָה מוֹשְׁכוֹ וְיוֹצֵא, וּמֵת בִּרְשׁוּת הַבְּעָלִים, פָּטוּר. הִגְבִּיהוֹ אוֹ שֶׁהוֹצִיאוֹ מֵרְשׁוּת הַבְּעָלִים, וּמֵת, חַיָּב. נְתָנוֹ לִבְכוֹרוֹת בְּנוֹ אוֹ לְבַעַל חוֹבוֹ, לְשׁוֹמֵר חִנָּם, וּלְשׁוֹאֵל, לְנוֹשֵׂא שָׂכָר, וּלְשׂוֹכֵר, וְהָיָה מוֹשְׁכוֹ, וּמֵת בִּרְשׁוּת הַבְּעָלִים, פָּטוּר. הִגְבִּיהוֹ אוֹ שֶׁהוֹצִיאוֹ מֵרְשׁוּת הַבְּעָלִים, וּמֵת, חַיָּב:

6 If he (the thief) pulled it and it started going out and died in the owner's domain, he is exempt [from kefel]. If he picked it up [(even in the owner's domain, for "picking up" effects acquisition in all places)], or took it out of the owner's domain and it died, he is liable. If he gave it [to a Cohein] for [the five selaim of] the redemption of his first-born son, or to his debtor, to an unpaid watcher, to a borrower, to a watchman for hire, or to a hirer, and he [the Cohein, or the creditor, or the watchman] pulled it, and it died in the owner's domain, he [the thief] is exempt [from all payment]. If he picked it up or took it out of the owner's domain and it died, he is liable.

ז אֵין מְגַדְּלִין בְּהֵמָה דַּקָּה בְּאֶרֶץ יִשְׂרָאֵל, אֲבָל מְגַדְּלִין בְּסוּרְיָא, וּבַמִּדְבָּרוֹת שֶׁבְּאֶרֶץ יִשְׂרָאֵל. אֵין מְגַדְּלִין תַּרְנְגוֹלִים בִּירוּשָׁלַיִם, מִפְּנֵי הַקָּדָשִׁים, וְלֹא כֹהֲנִים בְּאֶרֶץ יִשְׂרָאֵל, מִפְּנֵי הַטָּהֳרוֹת. אֵין מְגַדְּלִין חֲזִירִים בְּכָל מָקוֹם. לֹא יְגַדֵּל אָדָם אֶת הַכֶּלֶב, אֶלָּא אִם כֵּן הָיָה קָשׁוּר בְּשַׁלְשֶׁלֶת. אֵין פּוֹרְסִין נִשְׁבִּים לַיּוֹנִים. אֶלָּא אִם כֵּן הָיָה רָחוֹק מִן הַיִּשׁוּב שְׁלֹשִׁים רִיס:

7 It is forbidden to raise small beasts in Eretz Yisrael [because they spoil what is sown], but they may be raised in Suria [lands conquered by David, which are not considered "conquest," and where we are not concerned about settlement. And if the fields of others are spoiled, compensation is made], and (they may be raised) in the wilderness areas of Eretz Yisrael. Hens are not raised in Jerusalem because of the (flesh of the) offerings [which are eaten there. Hens peck in the refuse and they might bring up a bone the size of a barley-corn from a sheretz (a creeping thing) and render the flesh unclean.] And Cohanim may not [raise hens] in [all of] Eretz Yisrael because of the taharoth ("pure things") [For the Cohanim eat terumah and must safeguard its purity.] Pigs are not to be raised anywhere. [The reason is given in the Gemara. When the Hasmonean kings besieged each other, those on the outside (of the wall) would send up (animals for) daily burnt-offerings to those on the inside. One day, they sent up a pig. When it reached the mid-point of the wall, it stuck its claws into the wall and Eretz Yisrael "quavered" (a distance of) four hundred parasangs by four hundred parasangs. At that time they said: "Cursed be he who raises pigs!"] One may not keep a dog unless it is chained [because it bites and barks and frightens women into miscarriage]. Traps may not be set for pigeons unless they be thirty ris [= four mil] from the settlement [so that "settlement pigeons" not fall into them.]

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