(Exodus 22:1) "If the thief be found breaking in": This speaks of a doubt (in the owner's mind) as to whether he is breaking in to steal or to kill. You say this, but perhaps the doubt is as to whether he is breaking in to steal or not to steal. Would you say that? If he (broke in) to steal of a certainty and he killed him, he would be liable (for murder), how much more so if there is a doubt as to whether he came to steal! We must thus perforce accept not the second supposition, but the first.
From here it follows that a doubt (i.e., a possibility) of saving a life overrides the Sabbath. For if (the sin of) killing, (in this instance, the thief,) (— killing,) which defiles the land and causes the Shechinah to depart (from Israel) — is overridden by the possibility (of saving one's life, how much more so does it follow that the possibility of saving life overrides the Sabbath.)
(Exodus 22:2) "If the sun shone upon him": Now does the sun shine upon him alone? Does it not shine upon the whole world? But (the intent is) Just as the sun is peace for the world, so this one (the thief) — If he knows that he is at peace with him, and he killed him nonetheless, he is liable.
R. Yishmael says: You say this, but perhaps the intent is (literally) to distinguish between day and night, viz.: If he killed him in the daytime, he is liable; if at night, he is not liable. It is, therefore, written (Devarim 22:26) "and to the maiden you shall do nothing; for as a man would rise up against his neighbor and murder him, so, is this thing" (raping a maiden).
Now what do we learn (about raping) from (murdering)? But it (the instance of murdering) apparently comes to teach (something about that of raping), and ends up "learning" (something from it), viz.: Just as in the instance of raping, there is no difference between day and night, here, too, (in the instance of murdering,) no such distinction is to be made. Just as here, if he rose up (against the thief) and killed him, he is not liable, there, too, if she rose up against him and killed him, she is not liable. And just as there, if she had helpers against him and she killed him, she is liable (viz. Devarim, Ibid. 27), so, here, if he (the owner) had helpers against him and he killed him, he is liable.
(Exodus, Ibid.) "If he (the thief) has blood, pay shall he pay": R. Eliezer b. Yaakov says: If there were before him (the thief) pitchers of wine and pitchers of oil and he broke them, so long as he (the owner) knows that he (the thief) is at peace with him, (as in the instance of a father coming to burglarize his son, where the son knows that if he resists his father he will not be killed, [so that he may not kill him]) then (even if) he does kill him, he is liable (retroactively for what he broke), it being written "If he (the thief) has blood (i.e., if it is forbidden to kill him), pay shall he pay."
(Ibid.) "If he lacks it, he is to be sold for his theft": I might think, forever; it is, therefore, written (Ibid. 21:2) "Six years shall he serve, etc.", whence we are apprised that he serves for six years and goes out free on the seventh.
"then he shall be sold for his theft": not for less (than the value of the theft) and not for more. R. Yehudah says: If he stole less than what he was worth, he is not sold; more than what he is worth, the owner of the stolen article has the option of selling him or writing him a writ of emancipation.
R. Eliezer says: If he stole less than what he is worth, he is not sold; more than what he is worth, it suffices him to gain half and lose half (of the value of the stolen article).
(Exodus 22:3) "If found will be found in his hand": in his possession. Even though there is no proof for this, there is support for it, viz. (Numbers 21:26) "and he took all his land from his hand", and (Genesis 24:10) "Then the servant took … and all the good of his master in his hand," — whence we find "in his hand" in all places to connote "in his possession."
"from ox to ass, living": Let "living" ("chaim") not be mentioned. (It is mentioned) to include an animal ("chayah" [and not only a beast, like ox and ass.)
"living, two shall he pay": and not (the value of) dead (animals). There are seven "thefts": "stealing men's minds" (i.e., deceiving them), importuning one's neighbor to be his guest when he has no intention of inviting him; proffering gifts that he knows will not be accepted; opening one's barrels (ostensibly "for him alone") when they have already been sold to the shopkeeper; cheating in measuring; falsifying weights; mixing (other) stalks among stalks of fenugrec, sand with beans, and vinegar with oil (even though they ruled that oil is not subject to defilement (me'ilah), wherefore kings are anointed with it.)
And, what is more, they say about such a one that if he could "steal" the Higher Mind, he would do so. And thus do we find with Avshalom, that he "stole" three thefts: the heart of his father, the heart of beth-din and the heart of the house of Israel, as it is written (II Samuel 15:6) "And Avshalom stole the heart of the men of Israel."
And thus do we find with our fathers, that when they stood on Mount Sinai, they sought to steal the Higher Mind, as it is written (Exodus 24:7) "Everything that the L–rd has spoken, we will do and we will hear" — and it (the Higher Mind) was, as it were, "stolen" by them. As it is written (Devarim 5:26) "Would that this heart of theirs were in them to fear Me and to keep all of My mitzvoth all of the days, etc." And if you would say that not all is revealed and known to Him, it is written (Psalms 78:36-37) "And they beguiled Him (only) with their mouths, and (He knew that) their hearts were not constant with Him" — in spite of which (Ibid. 38) "And He was merciful, forgiving sin and not destroying, etc." And it is written (Mishlei 26:23) "As silver dross covering earthenware are lips running (with love) above an evil heart."
Beyond these: If one stole things from which benefit may not be derived, he need not pay. (If he stole servants, land, and consecrated articles, he pays only the principal. (If he stole) garments, vessels, beasts, animals, or birds, he pays kefel (double payment).
If he stole the first-born of an ass, he pays kefel, (for) even though benefit may not be derived from it now, it will be permitted later (when it is redeemed). For an ox he pays five-fold. For a sheep he pays four-fold, viz. "Five (head) of cattle, etc."
Beyond these is a kidnapper, who pays his life. R. Shimon b. Yochai says: It is written (Mishlei 29:24) "One who divides with a thief hates his soul. (He hears the adjuration to swear and will not tell.") An analogy: One leaves his neighbor's house laden with (stolen) articles. His friend finds him and asks him "Where are you going?" The thief: "Take your share and don't tell anyone." Later, the robbed one comes and says to him "Swear to me that you did not see that man laden with articles leaving my house." The other: "I swear I know nothing." He is liable for his soul. Of him it is written "One who divides with a thief hates his soul."
But if one steals away from his friend, (who asks to be paid for teaching him), and goes (and hides behind a fence) to learn Torah (i.e., to overhear the lesson that he is teaching), though he is called a "thief," he acquires merit for himself. Of him it is written (Mishlei 6:30) "they will not shame a thief for stealing (to fill his soul that is hungry" [for Torah].) In the end, he will be appointed (as a teacher) over the congregation (and he will return the "theft" in full.) As it is written (Ibid. 31) "In the end he will repay seven-fold. All the wealth of his house will he give" — "seven-fold" signifying Torah, viz. (Psalms 12:7) "The words of the L–rd are pure words, silver purged in an earthen crucible, refined seven-fold."
(שמות כב,א) "אִם בַּמַּחְתֶּרֶת יִמָּצֵא הַגַּנָּב, וְהֻכָּה וָמֵת, אֵין לוֹ דָּמִים." וּמַה זֶּה? סָפֵק שֶׁהוּא בָא לִגְנֹב, סָפֵק שֶׁהוּא בָא לַהֲרֹג. אַתָּה אוֹמֵר סָפֵק שֶׁהוּא בָא לִגְנֹב סָפֵק שֶׁבָּא לַהֲרֹג, אוֹ אֵינוֹ אֶלָּא סָפֵק שֶׁהוּא בָא לִגְנֹב סָפֵק שֶׁאֵינוֹ בָא לִגְנֹב? אָמַרְתָּ, אִם כְּשֶׁיִּגְנֹב וַדַּי וַהֲרָגוֹ, הֲרֵי זֶה חַיָּב, קַל וָחֹמֶר זֶה, סָפֵק שֶׁהוּא בָא לִגְנֹב, סָפֵק שֶׁהוּא בָא לַהֲרֹג.
(Exodus 22:1) "If the thief be found breaking in": This speaks of a doubt (in the owner's mind) as to whether he is breaking in to steal or to kill. You say this, but perhaps the doubt is as to whether he is breaking in to steal or not to steal. Would you say that? If he (broke in) to steal of a certainty and he killed him, he would be liable (for murder), how much more so if there is a doubt as to whether he came to steal! We must thus perforce accept not the second supposition, but the first.
מִכָּן אַתְּ דָּן עַל פִּקּוּחַ נֶפֶשׁ: שֶׁשְּׁפִיכוּת דָּמִים, מְטַמָּא אֶת הָאָרֶץ וּמְסַלֶּקֶת אֶת הַשְּׁכִינָה, הִיא דוֹחָה אֶת הַסָּפֵק, קַל וָחֹמֶר לְפִקּוּחַ נֶפֶשׁ שֶׁיִּדְחֶה אֶת הַסָּפֵק! הָא אֵין עָלֶיךָ לוֹמַר כְּלָשׁוֹן אַחֲרוֹן אֶלָּא כְלָשׁוֹן רִאשׁוֹן, סָפֵק שֶׁהוּא בָא לִגְנֹב, סָפֵק שֶׁהוּא בָא לַהֲרֹג.
From here it follows that a doubt (i.e., a possibility) of saving a life overrides the Sabbath. For if (the sin of) killing, (in this instance, the thief,) (— killing,) which defiles the land and causes the Shechinah to depart (from Israel) — is overridden by the possibility (of saving one's life, how much more so does it follow that the possibility of saving life overrides the Sabbath.)
(שמות כב,ב) ["אִם זָרְחָה הַשֶּׁמֶשׁ עָלָיו, דָּמִים לוֹ, שַׁלֵּם יְשַׁלֵּם, אִם אֵין לוֹ, וְנִמְכַּר בִּגְנֵבָתוֹ."] "אִם זָרְחָה הַשֶּׁמֶשׁ עָלָיו". רַבִּי יִשְׁמָעֵאל אוֹמֵר: וְכִי עָלָיו הַחַמָּה זוֹרַחַת, וַהֲלֹא עַל כָּל הָעוֹלָם הִיא זוֹרַחַת? אֶלָּא, מַה שֶּׁמֶשׁ שָׁלוֹם בָּעוֹלָם, אַף זֶה, אִם יָדוּעַ הוּא שֶׁבְּשָׁלוֹם הֵימֶנּוּ וַהֲרָגוֹ, הֲרֵי זֶה חַיָּב.
(Exodus 22:2) "If the sun shone upon him": Now does the sun shine upon him alone? Does it not shine upon the whole world? But (the intent is) Just as the sun is peace for the world, so this one (the thief) — If he knows that he is at peace with him, and he killed him nonetheless, he is liable.
כַּיּוֹצֵא בוֹ: (דברים כב,יז) "וּפָרְשׂוּ הַשִּׂמְלָה לִפְנֵי זִקְנֵי הָעִיר." מְחַוְּרִין אֶת הַדְּבָרִין כַּשִּׂמְלָה.
Similarly (Devarim 22:17) "Then they shall spread out the garment" — They shall make things clear, as a (new) garment.
כַּיּוֹצֵא בוֹ: (שמות כא,יט) "עַל מִשְׁעַנְתּוֹ", עַל בֻּרְיוֹ. אַף כָּן, אַתָּה אוֹמֵר: "אִם זָרְחָה הַשֶּׁמֶשׁ עָלָיו, דָּמִים לוֹ".
Similarly, (Exodus 21:19) "on his cane" — on his own power. Here, too, (this figurative interpretation is the intent of) "If the sun shone upon him."
"אִם זָרְחָה הַשֶּׁמֶשׁ". רַבִּי יִשְׁמָעֵאל אוֹמֵר: אַתָּה אוֹמֵר לְכָךְ בָּא, אוֹ לֹא בָא אֶלָּא לְחַלֵּק בֵּין יוֹם לַלַּיְלָה, לוֹמַר לָךְ, אִם הֲרָגוֹ בַיּוֹם, חַיָּב, וּבַלַּיְלָה יְהֵי פָטוּר? תִּלְמֹד לוֹמַר: (דברים כב,כו) "וְלַנַּעֲרָ לֹא תַעֲשֶׂה דָבָר".
R. Yishmael says: You say this, but perhaps the intent is (literally) to distinguish between day and night, viz.: If he killed him in the daytime, he is liable; if at night, he is not liable. It is, therefore, written (Devarim 22:26) "and to the maiden you shall do nothing; for as a man would rise up against his neighbor and murder him, so, is this thing" (raping a maiden).
וְכִי מַה לָּמַדְנוּ לָרוֹצֵחַ מֵעַתָּה? אֶלָּא, הֲרֵי זֶה בָּא לְלַמֵּד וְנִמְצָא לָמֵד: מַה לְּהַלָּן לֹא חָלַק בֵּין יוֹם לַלַּיְלָה, אַף כָּן, לֹא נַחְלֹק בּוֹ בֵּין יוֹם לַלַּיְלָה; מָה כָּן, אִם קָדַם וַהֲרָגוֹ, פָּטוּר, אַף לְהַלָּן, אִם קְדָמַתּוּ וַהֲרָגַתּוּ, פְּטוּרָה. מַה לְּהַלָּן, הָיוּ לָהּ מוֹשִׁיעִין הֵימֶנּוּ וַהֲרָגַתּוּ, חַיֶּבֶת, אַף כָּן, הָיוּ לוֹ מוֹשִׁיעִין הֵימֶנּוּ וַהֲרָגוֹ, חַיָּב.
Now what do we learn (about raping) from (murdering)? But it (the instance of murdering) apparently comes to teach (something about that of raping), and ends up "learning" (something from it), viz.: Just as in the instance of raping, there is no difference between day and night, here, too, (in the instance of murdering,) no such distinction is to be made. Just as here, if he rose up (against the thief) and killed him, he is not liable, there, too, if she rose up against him and killed him, she is not liable. And just as there, if she had helpers against him and she killed him, she is liable (viz. Devarim, Ibid. 27), so, here, if he (the owner) had helpers against him and he killed him, he is liable.
"דָּמִים לוֹ, שַׁלֵּם יְשַׁלֵּם". רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר: הֲרֵי שֶׁהָיוּ לְפָנָיו כַּדֵּי יַיִן וְכַדֵּי שֶׁמֶן, וּשְׁבָרָן כְּשֶׁהוּא חוֹתֵר, כָּל זְמַן שֶׁהוּא יוֹדֵעַ שֶׁבְּשָׁלוֹם הֵימֶנּוּ וַהֲרָגוֹ, הֲרֵי זֶה חַיָּב. לְכָךְ נֶאֱמַר "דָּמִים לוֹ, שַׁלֵּם יְשַׁלֵּם".
(Exodus, Ibid.) "If he (the thief) has blood, pay shall he pay": R. Eliezer b. Yaakov says: If there were before him (the thief) pitchers of wine and pitchers of oil and he broke them, so long as he (the owner) knows that he (the thief) is at peace with him, (as in the instance of a father coming to burglarize his son, where the son knows that if he resists his father he will not be killed, [so that he may not kill him]) then (even if) he does kill him, he is liable (retroactively for what he broke), it being written "If he (the thief) has blood (i.e., if it is forbidden to kill him), pay shall he pay."
"אִם אֵין לוֹ, וְנִמְכַּר בִּגְנֵבָתוֹ." שׁוֹמֵעַ אֲנִי, לְעוֹלָם! תִּלְמֹד לוֹמַר: (שמות כא,ב) "שֵׁשׁ שָׁנִים יַעֲבֹד, וּבַשְּׁבִעִת יֵצֵא לַחָפְשִׁי חִנָּם." מַגִּיד שֶׁהוּא עוֹבֵד שֵׁשׁ וְיוֹצֵא בַשְּׁבִיעִית.
(Ibid.) "If he lacks it, he is to be sold for his theft": I might think, forever; it is, therefore, written (Ibid. 21:2) "Six years shall he serve, etc.", whence we are apprised that he serves for six years and goes out free on the seventh.
"וְנִמְכַּר בִּגְנֵבָתוֹ", לֹא פָחוּת וְלֹא יוֹתֵר. רַבִּי יְהוּדָה אוֹמֵר: אִם גָּנַב פָּחוּת מִמַּה שֶּׁשָּׁוֶה, אֵינוֹ נִמְכָּר; יוֹתֵר מִמַּה שֶּׁשָּׁוֶה, הָרְשׁוּת בְּיַד בַּעַל הַגְּנֵבָה: אִם רָצָה לִמְכֹּר, יִמְכֹּר, וְאִם לָאו, כּוֹתֵב לוֹ שְׁטָר.
"then he shall be sold for his theft": not for less (than the value of the theft) and not for more. R. Yehudah says: If he stole less than what he was worth, he is not sold; more than what he is worth, the owner of the stolen article has the option of selling him or writing him a writ of emancipation.
רַבִּי אֱלִיעֶזֶר אוֹמֵר: גָּנַב פָּחוּת מִמַּה שֶּׁשָּׁוֶה, אֵינוֹ נִמְכָּר; יוֹתֵר מִמַּה שֶּׁשָּׁוֶה, דַּיּוֹ לְהִשְׂתַּכֵּר מַחְצָה וּלְהַפְסִיד מַחְצָה.
R. Eliezer says: If he stole less than what he is worth, he is not sold; more than what he is worth, it suffices him to gain half and lose half (of the value of the stolen article).
(שמות כב,ג) ["אִם הִמָּצֵא תִמָּצֵא בְיָדוֹ הַגְּנֵבָה, מִשּׁוֹר עַד חֲמוֹר עַד שֶׂה חַיִּים, שְׁנַיִם יְשַׁלֵּם."] "אִם הִמָּצֵא תִמָּצֵא", אֵין מְצִיאָה אֶלָּא בְעֵדִים. "בְיָדוֹ", אֵין "בְּיָדוֹ" בְּכָל מָקוֹם אֶלָּא רְשׁוּתוֹ. אַף עַל פִּי שֶׁאֵין רְאָיָה לַדָּבָר, זֵכֶר לַדָּבָר, שֶׁנֶּאֱמַר: (במדבר כא,כו) "וַיִּקַּח אֶת כָּל אַרְצוֹ מִיָּדוֹ". וְאוֹמֵר: (בראשית כד,י) "וַיִּקַּח הָעֶבֶד עֲשָׂרָה גְמַלִּים מִגְּמַלֵּי אֲדֹנָיו, וַיֵּלֶךְ וְכָל טוּב אֲדֹנָיו בְּיָדוֹ", הָא אֵין יָדוֹ בְּכָל מָקוֹם אֶלָּא רְשׁוּתוֹ.
(Exodus 22:3) "If found will be found in his hand": in his possession. Even though there is no proof for this, there is support for it, viz. (Numbers 21:26) "and he took all his land from his hand", and (Genesis 24:10) "Then the servant took … and all the good of his master in his hand," — whence we find "in his hand" in all places to connote "in his possession."
"מִשּׁוֹר עַד חֲמוֹר עַד שֶׂה חַיִּים". רַבִּי עֲקִיבָה אוֹמֵר: שֶׁאֵין תַּלְמוּד (לוֹמַר) "חַיִּים", וּמַה תִּלְמֹד לוֹמַר "חַיִּים"? אֶלָּא לְהָבִיא אֶת הַחַיָּה. "חַיִּים, שְׁנַיִם יְשַׁלֵּם", וְלֹא מֵתִים.
"from ox to ass, living": Let "living" ("chaim") not be mentioned. (It is mentioned) to include an animal ("chayah" [and not only a beast, like ox and ass.)
"שְׁנַיִם יְשַׁלֵּם." נִמְצָא אַתָּה אוֹמֵר, (ע' מקבילה בתוספתא ב"ק ז,ח-יג) שִׁבְעָה גַּנָּבִין הֵם: הָרִאשׁוֹן שֶׁבָּהֶן, גּוֹנֵב דַּעַת בְּנֵי אָדָם, וְהַמְסָרֵב בַּחֲבֵרוֹ לְאָרְחוֹ, וְאֵין בְּלִבּוֹ לִקְרוֹתוֹ,*מְסָרֵב=מְסַרְהֵב: משדל. וְהַמַּרְבֶּה לוֹ בְּתִקְרֹבֶת, וְיוֹדֵעַ בּוֹ שֶׁאֵינוֹ מְקַבֵּל, וְהַמְפַתֵּחַ חָבִיּוֹתָיו, וְהֵן מְכוּרוֹת, וְהַמְּעַוֵּל בַּמִּדּוֹת,*הַמְּעַוֵּל: העושה עוול, מרמה. וְהַמְשַׁקֵּר בַּמִּשְׁקָלוֹת, וְהַמְּעָרֵב אֶת הַגִּירָה בַּתִּלְתָּן,*גִּירָה: זרע של חרוב. וְהַחוֹל בַּפּוּל, וְאֶת הַחֹמֶץ בַּשֶּׁמֶן. מִפְּנֵי שֶׁאָמְרוּ: הַשֶּׁמֶן אֵינוֹ מְקַבֵּל נֵכֶל,*נֵכֶל: מרמה, תחבולה. לְפִיכָךְ מוֹשְׁחִין בּוֹ מְלָכִים.
"living, two shall he pay": and not (the value of) dead (animals). There are seven "thefts": "stealing men's minds" (i.e., deceiving them), importuning one's neighbor to be his guest when he has no intention of inviting him; proffering gifts that he knows will not be accepted; opening one's barrels (ostensibly "for him alone") when they have already been sold to the shopkeeper; cheating in measuring; falsifying weights; mixing (other) stalks among stalks of fenugrec, sand with beans, and vinegar with oil (even though they ruled that oil is not subject to defilement (me'ilah), wherefore kings are anointed with it.)
וְלֹא עוֹד, אֶלָּא שֶׁמַּעֲלִין עָלָיו, שֶׁאִם הָיָה יָכֹל לִגְנֹב דַּעַת הָעֶלְיוֹנָה, גּוֹנְבָהּ. וְכֵן מָצִינוּ בְאַבְשָׁלוֹם, שֶׁגָּנַב שָׁלֹשׁ גְּנֵבוֹת, לֵב אָבִיו, וְלֵב בֵּית דִּין, וְלֵב אַנְשֵׁי יִשְׂרָאֵל, שֶׁנֶּאֱמַר: (שמואל ב ט,ו) "וַיַּעַשׂ אַבְשָׁלוֹם כַּדָּבָר הַזֶּה לְכָל יִשְׂרָאֵל אֲשֶׁר יָבֹאוּ לַמִּשְׁפָּט אֶל הַמֶּלֶךְ, וַיְגַנֵּב אַבְשָׁלוֹם אֶת לֵב אַנְשֵׁי יִשְׂרָאֵל."
And, what is more, they say about such a one that if he could "steal" the Higher Mind, he would do so. And thus do we find with Avshalom, that he "stole" three thefts: the heart of his father, the heart of beth-din and the heart of the house of Israel, as it is written (II Samuel 15:6) "And Avshalom stole the heart of the men of Israel."
וְכִי מִי גָּדוֹל, הַגּוֹנֵב אוֹ הַנִּגְנָב? הֱוֵי אוֹמֵר זֶה הַנִּגְנָב, שֶׁהוּא יוֹדֵעַ שֶׁהוּא נִגְנָב וְהוּא מַחֲרִישׁ.
And who is the greater (thief)? The robber or the robbed? The robbed; for he knows that he is being robbed and remains silent.
וְכֵן מָצִינוּ בַּאֲבוֹתֵינוּ, בְּשָׁעָה שֶׁעָמְדוּ לִפְנֵי הַר סִינַי לְקַבֵּל אֶת הַתּוֹרָה, בִּקְּשׁוּ לִגְנֹב דַּעַת הָעֶלְיוֹנָה, שֶׁנֶּאֱמַר: (שמות כד,ז) "כֹּל אֲשֶׁר דִּבֶּר יי, נַעֲשֶׂה וְנִשְׁמָע." כִּבְיָכֹל נִגְנְבָה בְיָדָן, שֶׁנֶּאֱמַר: (דברים ה,כו) "מִי יִתֵּן וְהָיָה לְבָבָם זֶה לָהֶם!" וְאִם תֹּאמַר שֶׁאֵין הַכֹּל גָּלוּי וְיָדוּעַ, וַהֲלֹא כְבַר נֶאֱמַר: (תהלים עח,לו-לז) "וַיְפַתּוּהוּ בְּפִיהֶם וּבִלְשׁוֹנָם יְכַזְּבוּ לוֹ. וְלִבָּם לֹא נָכוֹן עִמּוֹ וְלֹא נֶאֶמְנוּ בִּבְרִיתוֹ." וְאַף עַל פִּי כֵן: (תהלים עח,לח) "וְהוּא רַחוּם, יְכַפֵּר עָוֹן", וְאוֹמֵר: (משלי כו,כג) "כֶּסֶף סִיגִים מְצֻפֶּה עַל חָרֶשׂ, שְׂפָתַיִם דֹּלְקִים וְלֶב רָע."
And thus do we find with our fathers, that when they stood on Mount Sinai, they sought to steal the Higher Mind, as it is written (Exodus 24:7) "Everything that the L–rd has spoken, we will do and we will hear" — and it (the Higher Mind) was, as it were, "stolen" by them. As it is written (Devarim 5:26) "Would that this heart of theirs were in them to fear Me and to keep all of My mitzvoth all of the days, etc." And if you would say that not all is revealed and known to Him, it is written (Psalms 78:36-37) "And they beguiled Him (only) with their mouths, and (He knew that) their hearts were not constant with Him" — in spite of which (Ibid. 38) "And He was merciful, forgiving sin and not destroying, etc." And it is written (Mishlei 26:23) "As silver dross covering earthenware are lips running (with love) above an evil heart."
לְמַעְלָה מֵהֶן, גָּנַב אֲסוּרִין בַּהֲנָיָה, פָּטוּר מִלְּשַׁלֵּם; כְּסוּת וּפֵרוֹת וְכֵלִים, בְּהֵמָה חַיָּה וָעוֹף, מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל. עֲבָדִים וּשְׁפָחוֹת, שְׁטָרוֹת וְקַרְקָעוֹת, אֵינוֹ מְשַׁלֵּם אֶלָּא קֶרֶן.
Beyond these: If one stole things from which benefit may not be derived, he need not pay. (If he stole servants, land, and consecrated articles, he pays only the principal. (If he stole) garments, vessels, beasts, animals, or birds, he pays kefel (double payment).
פֶּטֶר חֲמוֹר, יְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל: אַף עַל פִּי שֶׁהוּא אָסוּר עַכְשָׁו, יֵשׁ לוֹ הֶתֵּר לְאַחַר זְמַן. תַּחַת הַשּׁוֹר יְשַׁלֵּם חֲמִשָּׁה, תַּחַת הַשֶּׂה יְשַׁלֵּם אַרְבָּעָה, שֶׁנֶּאֱמַר: (שמות כא,לז) "כִּי יִגְנֹב אִישׁ שׁוֹר אוֹ שֶׂה וּטְבָחוֹ אוֹ מְכָרוֹ, חֲמִשָּׁה בָקָר יְשַׁלֵּם תַּחַת הַשּׁוֹר, וְאַרְבַּע צֹאן תַּחַת הַשֶּׂה."
If he stole the first-born of an ass, he pays kefel, (for) even though benefit may not be derived from it now, it will be permitted later (when it is redeemed). For an ox he pays five-fold. For a sheep he pays four-fold, viz. "Five (head) of cattle, etc."
לְמַעְלָה מֵהֶם, גּוֹנֵב נֶפֶשׁ בְּנֵי אָדָם, שֶׁהוּא מִתְחַיֵּב בְּנַפְשׁוֹ. רַבִּי שִׁמְעוֹן בֶּן יוֹחַי מוֹשְׁלוֹ מָשָׁל, לְמָה הַדָּבָר דּוֹמֶה? לְאֶחָד שֶׁהָיָה יוֹצֵא מִבֵּיתוֹ שֶׁלַּחֲבֵרוֹ טָעוּן כֵּלִים. מְצָאוֹ חֲבֵרוֹ וְאָמַר לוֹ: מָה אַתָּה עוֹשֶׂה? אָמַר לוֹ: טֹל חֶלְקָךְ וְאַל תַּגֵּד! לְאַחַר זְמַן, בָּא בַּעַל הַגְּנֵבָה וְאָמַר לוֹ: מַשְׁבִּיעָךְ אֲנִי עָלֶיךָ, לֹא רָאִיתָ לִפְלוֹנִי יוֹצֵא מִתּוֹךְ בֵּיתִי טָעוּן כֵּלִים? וְאָמַר לוֹ: שְׁבוּעָה שֶׁאֵינִי יוֹדֵעַ מָה אַתָּה מְדַבֵּר! הֲרֵי זֶה מִתְחַיֵּב בְּנַפְשׁוֹ, עָלָיו הוּא אוֹמֵר: (משלי כט,כד) "חוֹלֵק עִם גַּנָּב שׂוֹנֵא נַפְשׁוֹ, אָלָה יִשְׁמַע וְלֹא יַגִּיד."
Beyond these is a kidnapper, who pays his life. R. Shimon b. Yochai says: It is written (Mishlei 29:24) "One who divides with a thief hates his soul. (He hears the adjuration to swear and will not tell.") An analogy: One leaves his neighbor's house laden with (stolen) articles. His friend finds him and asks him "Where are you going?" The thief: "Take your share and don't tell anyone." Later, the robbed one comes and says to him "Swear to me that you did not see that man laden with articles leaving my house." The other: "I swear I know nothing." He is liable for his soul. Of him it is written "One who divides with a thief hates his soul."
אֲבָל הַמְגַנֵּב מֵאַחַר חֲבֵרוֹ, וְהָלַךְ וְשָׁנָה בְּדִבְרֵי תוֹרָה, אַף עַל פִּי שֶׁהוּא נִקְרָא גַנָּב, הֲרֵי זֶה זָכָה לְעַצְמוֹ, וְעָלָיו הוּא אוֹמֵר: (משלי ו,ל) "לֹא יָבוּזוּ לַגַּנָּב כִּי יִגְנוֹב, לְמַלֵּא נַפְשׁוֹ כִּי יִרְעָב." לַסּוֹף נִמְצָא מִתְמַנֶּה עַל הַצִּבּוּר, יְשַׁלֵּם שִׁבְעָתָיִם, שֶׁנֶּאֱמַר: (משלי ו,לא) "וְנִמְצָא, יְשַׁלֵּם שִׁבְעָתָיִם, אֶת כָּל הוֹן בֵּיתוֹ יִתֵּן." וְאֵין "שִׁבְעָתָיִם" אֶלָּא דִּבְרֵי תוֹרָה, שֶׁנֶּאֱמַר: (תהלים יב,ז) "אִמְרוֹת יי אֲמָרוֹת טְהֹרוֹת, כֶּסֶף צָרוּף בַּעֲלִיל לָאָרֶץ מְזֻקָּק שִׁבְעָתָיִם."
But if one steals away from his friend, (who asks to be paid for teaching him), and goes (and hides behind a fence) to learn Torah (i.e., to overhear the lesson that he is teaching), though he is called a "thief," he acquires merit for himself. Of him it is written (Mishlei 6:30) "they will not shame a thief for stealing (to fill his soul that is hungry" [for Torah].) In the end, he will be appointed (as a teacher) over the congregation (and he will return the "theft" in full.) As it is written (Ibid. 31) "In the end he will repay seven-fold. All the wealth of his house will he give" — "seven-fold" signifying Torah, viz. (Psalms 12:7) "The words of the L–rd are pure words, silver purged in an earthen crucible, refined seven-fold."