Ketubot

and R. Meir holds the view that [though generally] one may receive the lashes and pay, one cannot receive the death penalty and pay  but these [cases]  are different, because the Torah has enacted something novel in [the matter of] fine,  and [therefore]  he has to pay, although he has to suffer the death penalty.  And Rabbah follows his own principle, for Rabba said: If he had a kid which he had stolen and he slaughtered it on Sabbath, he is bound,  for he was already guilty of stealing before he came to the profanation  of the Sabbath; [but] if he stole and slaughtered it on Sabbath he is free,  for if there is no stealing  there is no slaughtering and no selling. Rabbah said further: If he had a kid which he had stolen and had slaughtered it at the place he broke into,  he is bound,  for he was already guilty of stealing before he came to the transgression of breaking in;  [but] if he stole and slaughtered it in the place he broke into,  he is free, for if there is no stealing, there is no slaughtering and no selling. And it was necessary [to state both cases]. For if he had let us hear [the case of the] Sabbath [I would have said that he is free from payment] because its prohibition is a perpetual prohibition,  but [in the case of] breaking in, which is only a prohibition for the moment,  I might say, [that it is] not [so].  And if he had let us hear [the case of] breaking in [I would say that he is free from payment] because his breaking in is his warning,  but [with regard to the] Sabbath, [in] which [case] a warning is required, I might say that [it is] not [so].  [Therefore] it is necessary [to state both cases]. R. Papa said: If one had a cow that he had stolen and he slaughtered it on Sabbath, he is liable  for he was already guilty of stealing before he came to the profanation of the Sabbath; if he had a cow that he borrowed and he slaughtered it  on Sabbath, he is free.  R. Aha the son of Raba said to R. Ashi: Does R. Papa mean to tell us  [that the same rule  applies to] a cow? — He answered him: R. Papa means to tell us [that the same rules applies to] a borrowed [cow]. You might possibly think [that] because R. Papa said that he  becomes responsible for its food from the time of [his taking possession of the cow by] 'pulling'  here also he becomes responsible for any unpreventable accident [that may befall it] from the time of borrowing,  so he lets us hear [that it is not so]. Raba said: If their father left them  a borrowed cow,  they  may use it during the whole period for which he borrowed it;  if it died,  they are not responsible for what happened.  If they thought that it belonged to their father and they slaughtered it and ate it, they pay the value of the meat at the lowest price.  If their father left them an obligation of property,  they are bound to pay. Some refer it  to the first case,  and some refer it to the second case.  He who refers it to the first case, so much the more [does he refer it] to the second case, and he differs from R. Papa.  And he who refers it to the second case  does not refer it to the first case, and he agrees with R. Papa. It is alright [that] R. Johanan  does not say according to Resh Lakish,  because he wants to explain  it  according to the Rabbis. But why does not Resh Lakish say according to R. Johanan? — He will answer you: since he is free  if they warned him, he is also free [even] if they did not warn him. And they  follow their own principles,  for when R. Dimi came [from Palestine] he said: He who has committed inadvertently an act which, if he had committed it wilfully, would have been punishable with death or with lashes, and [which is also punishable] with something else,  R. Johanan says [that] he is bound,  and Resh Lakish says [that] he is free.  R. Johanan says [that] he is bound, for they did not warn him.  Resh Lakish says [that] he is free,  for since he is free if they warned him, so he is free also when they did not warn him. Resh Lakish raised an objection against R. Johanan: [It is written]: If no harm follow, he shall be surely fined.