Bava Kamma 71A

Study Bava Kamma folio 71A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

and even so, since the thief transfers ownership to the purchaser in this manner, it is considered a valid sale, and he is required to pay the fourfold or fivefold payment.

§ The Mishnah teaches: If one stole an animal and slaughtered it on Yom Kippur he pays the fourfold or fivefold payment. The rabbis say, questioning this ruling: Why is he liable to pay it? Although there is no penalty of execution for slaughtering on Yom Kippur, nevertheless there is the penalty o

The rabbis say in response: In accordance with whose opinion is this Mishnah taught? It is taught in accordance with the opinion of R' Meir, who says: One is sentenced to be flogged and obligated to pay for the same action.

The Talmud asks: If the Mishnah is in accordance with the opinion of R' Meir, then even if he slaughtered the animal on Shabbat, which is a capital offense, he should be obligated to pay the fourfold or fivefold payment, whereas the Mishnah (74b) states that in this case he is exempt. And if you w

And is it correct to say that R' Meir does not maintain that one can be sentenced to the death penalty and to pay for the same act? But isn’t it taught in a baraita: If one stole an animal and slaughtered it on Shabbat, or if he stole an animal and slaughtered it for idol worship, or if he stole a