Julian Ungar-Sargon

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Daf Ditty

A wide-ranging commentary on the daily page of Talmud.

According to the principle stated by Allah Almighty in Surah Al Maa’idah either be a male or female thieves, their hands shall be cut off from the wrist. “[As for] the thief, the male, and the female amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise.” Quran 5:38 The Prophet Muhammad S.A.W cursed the thief and declared that the punishment shall be that his hands be cut off. Also, the Prophet asked for justice. If a person rich or poor, male, or female, old or young, commits the crime of stealing the punishment of hand being cut off is to be imposed. This is a hadd punishment declared by Allah Almighty.

Bava Kamma 70: גָּנַב וּמָכַר בְּשַׁבָּת

jyungar January 11, 2024

For the source text click/tap here: Bava Kamma 70

To download, click/tap here: PDF

A new Mishnah states:If according to two witnesses he stole (an ox or a sheep) and according to them, or according to another two, he slaughtered or sold it, he pays the fourfold or fivefold payments. If a person stole and sold it on Shabbos; or he stole and sold it for idolatry; or he stole and slaughtered it on Yom Kippur; or he stole from his father and slaughtered or sold it and his father later died; or he stole and slaughtered it and later consecrated it, he pays the fourfold or fivefold payments.

The Gemora asks from a braisa which stated that he is exempt from paying in this case!?

Rami bar Chamah answers: He is exempt in a case where the buyer said to the thief, “Cut a fig off of my tree, and I will acquire that which you have stolen.” [He is liable for death at the same time that he sold it; accordingly, he would be exempt from paying based upon the rule of kim leih bid’rabbah minei - whenever someone is deserving of two punishments, he receives the one which is more severe.]

Our Daf (and Bava Batra (56b) probes the ability of beit din to combine fragmented testimony. Often a halakha or verdict of beit din is a product of multiple fragments of information.

We explore further items like when stealing might be permitted and Klayman’s analysis of Punitive Damages.

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Julian Ungar-Sargon

This is Julian Ungar-Sargon's personal website. It contains poems, essays, and podcasts for the spiritual seeker and interdisciplinary aficionado.​