Talmud Yerushalmi
Yerushalmi Bava Kamma 7:2 ירושלמי בבא קמא ז׳:ב׳
Part of: Chapter 7
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משנה: גָּנַב עַל פִּי שְׁנַיִם וְטָבַח וּמָכַר עַל פִּיהֶם אוֹ עַל פִּי שְׁנַיִם אֲחֵרִים מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. גָּנַב וּמָכַר בַּשַּׁבָּת גָּנַב וּמָכַר לַעֲבוֹדָה זָרָה גָּנַב וְטָבַח בְּיוֹם הַכִּיפּוּרִים גָּנַב מִשֶּׁל אָבִיו וְטָבַח וּמָכַר וְאַחַר כָּךְ מֵת אָבִיו גָּנַב וְטָבַח וְאַחַר כָּךְ הִקְדִּישׁ מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. גָּנַב וְטָבַח לִרְפוּאָה אוֹ לַכְּלָבִים הַשּׁוֹחֵט וְנִמְצָא טְרֵפָה הַשּׁוֹחֵט חוּלִין בָּעֲזָרָה מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. רִבִּי שִׁמְעוֹן פּוֹטֵר בִּשְׁנֵי אֵילּוּ.
MISHNAH: He who stole according to the testimony of two people21To recover stolen property is a civil matter and is judged according to civil law. But for the owners to collect double, quadruple, or quintuple restitution requires a criminal conviction of the thief which can be based only on the testimony of at least two eye witnesses to the act. and slaughtered or sold according to their testimony or the testimony of two others, has to pay quadruple or quintuple restitution. He who stole and sold on the Sabbath22This is forbidden but in itself is not a capital crime which would preempt the imposition of a fine. But if he slaughtered on the Sabbath he committed a capital crime and could not be sentenced to a fine; cf. Chapter 6, Note 102., stole and sold to pagan worship23As long as he does not himself participate in pagan worship, no capital crime has been committed., stole and slaughtered on the Day of Atonement24The punishment for this deadly sin is left to Heaven, not the human court., stole from his father, slaughtered, or sold, and then his father died,25Even though he is an heir, he has to pay to his co-heirs their share in the fine payable to the estate. stole, slaughtered, and then dedicated it to the Temple26Since he already was subject to the fine when he dedicated, the dedication cannot erase the liability., has to pay quadruple or quintuple restitution. He who stole and slaughtered for medical purposes or for the dogs, he who slaughtered and it turned out torn27On inspection the animal was found to be sick and the meat unfit for human consumption., he who slaughtered a profane animal in the Temple courtyard28The slaughtered animal is forbidden for any use., has to pay quadruple or quintuple restitution. Rebbi Simeon frees from liability in these two cases29He holds that slaughter which does not prepare meat for human consumption technically is called “killing” rather than “slaughter” and is not covered by the rule of Ex. 21:37..
MISHNAH: He who stole according to the testimony of two people21To recover stolen property is a civil matter and is judged according to civil law. But for the owners to collect double, quadruple, or quintuple restitution requires a criminal conviction of the thief which can be based only on the testimony of at least two eye witnesses to the act. and slaughtered or sold according to their testimony or the testimony of two others, has to pay quadruple or quintuple restitution. He who stole and sold on the Sabbath22This is forbidden but in itself is not a capital crime which would preempt the imposition of a fine. But if he slaughtered on the Sabbath he committed a capital crime and could not be sentenced to a fine; cf. Chapter 6, Note 102., stole and sold to pagan worship23As long as he does not himself participate in pagan worship, no capital crime has been committed., stole and slaughtered on the Day of Atonement24The punishment for this deadly sin is left to Heaven, not the human court., stole from his father, slaughtered, or sold, and then his father died,25Even though he is an heir, he has to pay to his co-heirs their share in the fine payable to the estate. stole, slaughtered, and then dedicated it to the Temple26Since he already was subject to the fine when he dedicated, the dedication cannot erase the liability., has to pay quadruple or quintuple restitution. He who stole and slaughtered for medical purposes or for the dogs, he who slaughtered and it turned out torn27On inspection the animal was found to be sick and the meat unfit for human consumption., he who slaughtered a profane animal in the Temple courtyard28The slaughtered animal is forbidden for any use., has to pay quadruple or quintuple restitution. Rebbi Simeon frees from liability in these two cases29He holds that slaughter which does not prepare meat for human consumption technically is called “killing” rather than “slaughter” and is not covered by the rule of Ex. 21:37..
הלכה: וְלֹא כֵן אָמַר רִבִּי אַבָּהוּ בְשֵּׁם רִבִּי יוֹחָנָן הֵזִיד בְּחֵלֶב וְשָׁגַג בְּקָרְבָּן מַתְרִין בּוֹ וְלוֹקֶה וּמֵבִיא קָרְבָּן. רִבִּי בּוּן בַּר חִיָיה בְּשֵּׁם רִבִּי שְּׁמוּאֵל בַּר רַב יִצְחָק כְּדֵי רִשָּׁעָתוֹ. שְּׁנֵי דְבָרִים מְסוּרִין לְבֵית דִּין הַתּוֹפֵש אֶחָד מֵהֶן. יָצָא דָבָר שֵּׁמָּסוּר לַשָּׁמַיִם.
HALAKHAH: 29aThis is the beginning of the discussion about when a fine can or cannot be imposed. The correct text is in Terumot 6:1, Notes 5,6. There is no sacrifice which might atone for an intentional sin. Did not Rabbi Abbahu say in the name of Rebbi Joḥanan: If he is intentional about fat but in error about a sacrifice, he can be warned, is whipped, and brings a sacrifice. 30Terumot 7:1, Notes 2,14. Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac: (Deut. 25:2) “Because of his guilt.” If two alternatives are presented to the court, one chooses one of them. This excludes matters in the power of Heaven.
HALAKHAH: 29aThis is the beginning of the discussion about when a fine can or cannot be imposed. The correct text is in Terumot 6:1, Notes 5,6. There is no sacrifice which might atone for an intentional sin. Did not Rabbi Abbahu say in the name of Rebbi Joḥanan: If he is intentional about fat but in error about a sacrifice, he can be warned, is whipped, and brings a sacrifice. 30Terumot 7:1, Notes 2,14. Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac: (Deut. 25:2) “Because of his guilt.” If two alternatives are presented to the court, one chooses one of them. This excludes matters in the power of Heaven.