פרשת משפטים תשכ"א - תשלומי ד' וה' וכפל

If a man steals. According to Rabbi Yehoshua the Torah imposes a greater penalty for stealing an ox because it cannot be concealed and therefore can only be stolen by a professional thief. According to Rav Sadyah Gaon it is because the theft of an ox causes the owner more harm since it is a working animal.

If a man steals. According to Rabbi Yehoshua the Torah imposes a greater penalty for stealing an ox because it cannot be concealed and therefore can only be stolen by a professional thief. According to Rav Sadyah Gaon it is because the theft of an ox causes the owner more harm since it is a working animal.

אם זרחה השמש עליו IF THE SUN SHONE UPON HIM — This is only a metaphorical expression signifying: if the fact is clear to you that he is peaceably disposed towards you. The simile is: just as the sun brings peace (happiness) to the world so if it is evident to you that he did not come with the intention of killing, even if the owner of the property would resist him (Sanhedrin 72a), as, for instance, when a father breaks in to steal the money of his son, for it is certain that the father cherishes feelings of pity for his child and the matter of taking human life is not in his thoughts at all, — then

המצא תמצא IF THE THEFT BE CERTAINLY FOUND IN HIS HAND i. e. in his possession (Mekhilta d'Rabbi Yishmael 22:3:2), he having neither sold it nor slaughtered it he shall pay only double.

חיים שנים ישלם means, two living animals (חיים שנים) shall he pay and he shall not give dead animals in payment (Mekhilta d'Rabbi Yishmael 22:3:4) — but either living animals or the value of living animals.

אם המצא תמצא בידו, he had not sold or otherwise disposed of the stolen animal;

חיים, he had not slaughtered it preparatory to consuming it; then שנים ישלם, he pays only double its market value as restitution and not four or five times its value.