Ketubot

Perhaps [the punishment with] lashes is severer, for Rab said: If they had lashed Hananiah, Mishael and Azariah, they would have worshipped the [golden] image?  R. Samma the son of R. Assi said to R. Ashi; and some say [that] R. Samma the son of R. Ashi [said] to R. Ashi: Do you not make a distinction between a beating that has a limit  and a beating that has no limit!  R. Jacob from Nehar Pekod [also] demurred:  That is alright according to the Rabbis who  hold that life  actually means [life].  But according to Rabbi,  who holds that it means money, what is there to say?  — But, said R. Jacob from Nehar Pekod, in the name of Raba; [it is to be derived] from the following verse:  [It is written,] 'If he rise again, and walk abroad upon his staff then shall he that smote him be quit.'  Would it enter your mind that this one  walks about in the street and that one  should be killed?  But it teaches that they imprison him;  if he  dies, they kill him; and if he does not die, 'he shall pay for the loss of his time, arid shall cause him to be thoroughly healed.'  Now how shall we imagine this case? If they did not warn him, why should he be killed? Hence it is plain that they warned him, and [it is held], one who was warned for a severe matter stands warned for the lighter matter and [yet] the All-Merciful says [that if he does not die] 'he shall pay for the loss of his time, and shall cause him to be thoroughly healed'.  To this R. Ashi asked: Whence [do you know] that one who was warned for a severe matter stands warned for a lighter matter? Perhaps not? And if you will even say that he does [stand warned for the lighter matter], whence [do you know] that death is severer? Perhaps [the punishment with] lashes is severer, for Rab said: If they had lashed Hananiah, Mishael and Azariah, they would have worshipped the [golden] image? R. Samma the son of R. Assi said to R. Ashi, and some say [that] R. Samma the son of R. Ashi [said] to R. Ashi: Do you not make a distinction between a beating that has a limit and a beating that has no limit?  R. Mari [also] demurred:  Whence [do you know] that [one smote the other] wilfully  and 'he shall be quit' [means] from [the penalty of] death? Perhaps [one smote the other] inadvertently  and 'he shall be quit' [means] from exile?  The difficulty remains. Resh Lakish said:  This  is the opinion of R. Meir,  who says: He receives the lashes and pays [the money].  — If it is according to R. Meir, [then one who violated] his daughter should also [pay the fine]?  And if you will say that R. Meir holds [that] one may receive the lashes and pay [the money], but does not hold [that] one may receive the death penalty  and pay [the money]  — has it not been taught: If he has stolen and slaughtered [an animal] on Sabbath,  or has stolen and slaughtered [an animal] for idolatry,  or has stolen an ox that is to be stoned  and slaughtered it, he shall pay fourfold or fivefold.  This is the view of R. Meir,  but the Sages declare him free [from payment]? — Has it not been stated regarding this: R. Jacob said in the name of R. Johanan, and some say [that] R. Jeremiah said in the name of R. Simeon b. Lakish: R. Abin and R. Elai and the whole company [of scholars] said in the name of R. Johanan [that it speaks of a case when] he [who stole the animal] let it be slaughtered by another person. But is it possible that one sins and another one is punished?  Raba said: The Divine law says: and slaughter it or sell it; [this teaches that] as the sale is [effected] through [the participation of] another person, so [may] the slaughtering [of the animal] be through another person. In the School of R. Ishmael it was taught: [the word] 'or' [is] to include the agent. In the School of Hezekiah it was taught: [the word] 'instead'  [is] to include the agent. Mar Zutra demurred to this: Is it anywhere to be found that if he does [the deed] himself he is not liable  and if an agent does it he is liable? He himself [does not pay], not because he is not liable, but because he suffers the severer penalty. [But] if he [who stole the animal] let it be slaughtered by another person, what is the reason of the Rabbis who declare him free [from paying]? — Who are the Sages?