Soncino English Talmud
Bava Kamma
Daf 79b
the hire of movables, are movables transferred by a deed? — Said R. Hisda: The hire of immovable property. R. Eleazar stated: If a thief was seen hiding himself in forests [where flocks pasture] and slaughtering or selling [there sheep or oxen], he would have to make four-fold or five-fold payment. But why so, since he did not pull the animal? — Said R. Hisda: We suppose that he struck it with a stick [and thus drew it towards himself]. But I would still ask, since he was seen doing this [publicly], should he on this account not be [subject to the law applicable to] a robber [who has not to pay any fines]? — Since [at the same time] he was hiding himself from the public he is [subject to the law applicable to] a thief. How then would you define a robber? — Said R. Abbahu: One, for instance, like Benaiah the son of Jehoiadah, of whom we read: And he plucked the spear out of the Egyptian's hand and slew him with his own spear. R. Johanan said: Like the men of Shechem of whom we read: And the men of Shechem set liers in wait for him on the tops of the mountains, and they robbed all that came along that way by them: and it was told Abimelech. Why did R. Abbahu not give his instance from this last source? He could say that since these were hiding themselves they could not be called robbers. And R. Johanan? — He could argue that the reason they were hiding themselves was so that people should not notice them and run away from them. The disciples of R. Johanan b. Zakkai asked him why the Torah was more severe on a thief than on a robber. He replied: The latter puts the honour of the slave on the same level as the honour of his owner, whereas the former does not put the honour of the slave on the same level as the honour of the master [but higher], for, as it were, he acts as if the eye of Below would not be seeing and the ear of Below would not be hearing, as it says: Woe unto them that seek deep to hide their counsel from the Lord, and their works are in the dark, and they say, Who seeth us? and who knoweth us? Or as it is written: And they say, The Lord will not see, neither will the God of Jacob give heed; or, as again it is written, For they say, the Lord hath forsaken the earth and the Lord seeth not. It was taught: R. Meir said: The following parable is reported in the name of R. Gamaliel. What do the thief and the robber resemble? Two people who dwelt in one town and made banquets. One invited the townspeople and did not invite the royal family, the other invited neither the townspeople nor the royal family. Which deserves the heavier punishment? Surely the one who invited the townspeople but did not invite the royal family. R. Meir further said: Observe how great is the importance attached to labour, for in the case of an ox [stolen and slaughtered] where the thief interfered with its labour he has to pay five-fold, while in the case of a sheep where he did not disturb it from its labour he has to pay only four-fold. R. Johanan b. Zakkai said: Observe how great is the importance attached to the dignity of Man, for in the case of an ox which walks away on its own feet the payment is five-fold, while in the case of a sheep which was usually carried on the thief's shoulder only four-fold has to be paid. MISHNAH. IT IS NOT RIGHT TO BREED SMALL CATTLE IN ERETZ YISRAEL. THEY MAY HOWEVER BE BRED IN SYRIA OR IN THE DESERTS OF ERETZ YISRAEL. IT IS NOT RIGHT TO BREED HENS IN JERUSALEM ON ACCOUNT OF THE SACRIFICES, NOR MAY PRIESTS DO SO THROUGHOUT THE WHOLE OF ERETZ YISRAEL, ON ACCOUNT OF THEIR FOOD WHICH HAS TO BE RITUALLY CLEAN. IT IS NOT RIGHT TO BREED PIGS IN ANY PLACE WHATEVER. NO MAN SHOULD BREED A DOG UNLESS IT IS ON A CHAIN. IT IS NOT RIGHT TO PLACE NETS FOR DOVES UNLESS AT A DISTANCE OF THIRTY RIS FROM INHABITED SETTLEMENTS. GEMARA. Our Rabbis taught: It is not right to breed small cattle in Eretz Yisrael but they may be bred in the woods of Eretz Yisrael or in Syria even in inhabited settlements, and needless to say also outside Eretz Yisrael. Another [Baraitha] taught: 'It is not right to breed small cattle in Eretz Yisrael. They may, however, be bred in the deserts of Judah and in the desert at the border of Acco. Still though the Sages said: 'It is not right to breed small cattle' it is nevertheless quite proper to breed large cattle, for we should not impose a restriction upon the community unless the majority of the community will be able to stand it. Small cattle could be imported from outside Eretz Yisrael, whereas large cattle could not be imported from outside Eretz Yisrael. Again, though they said: 'It is not right to breed small cattle', one may nevertheless keep them before a festival for thirty days and similarly before the wedding festivity of his son for thirty days. He should, however, not retain the animal last bought for thirty days [if these expire after the festival]. So that if the festival had already gone, though since from the time he bought the animal until that time thirty days had not yet elapsed we do not say that a period of thirty days is permitted for keeping the animal, but [we are to say that] as soon as the festival has gone he should not retain it any longer.
Sefaria
Temurah 15b · Gittin 55b · 2 Samuel 23:21 · Judges 9:25 · Isaiah 29:15 · Psalms 94:7 · Ezekiel 9:9 · Shabbat 94b · Bava Kamma 83a · Horayot 3b
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