Wednesday 10 August 2016

Bava Kamma 71: Transgressions on Shabbat; Theft Between Father and Son

We begin with a conversation about punishments for two transgressions committed together.  Flogging, karet, monetary payments - the more severe punishment is the only consequence enacted in these cases.
The rabbis speak about halachot regarding transgressions committed on Shabbat and the consequences that follow.  The example of shechita on Shabbat is shared: the person who slaughters an animal on Shabbat should receive the death penalty, but his slaughter is still considered to be kosher.  This is an unusual ruling but it is argued that the slaughter was performed privately and unintentionally.  Only public, intentional transgressions on Shabbat should be punishable by death.
At the end of our daf, the rabbis return to the question of our Mishna, where a son has stolen an ox from his father.  The rabbis consider his payment of four or fivefold the worth of the ox.  Is this always the case?  If the trial is held both before or after the father's death? 
This particular example involves the emotions accompanying a conflict between a father and son.  Would a son actually steal an ox from a father?  Based on the rabbis' reports about the observance of halacha, we would think not.  But based on what we know of life - and based on the stories of the Torah - such things should be expected.  




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