The Weekly Daf #14 
Bava Kama 79-85
Week of 3-9 Sivan 5754/13-19 May 1994
By Rabbi Mendel Weinbach, Dean, Ohr Somayach Institutions      
      
=========================================================================      
 
This issue is dedicated in memory of Morris & Sara Schwartz O.B.M. 
  
=========================================================================      

The Greater Crime

If a man steals something from another and he is brought to justice he must 
return the stolen object to the owner and pay him a penalty equivalent to 
its value.  Should he aggravate his crime by slaughtering or selling the ox 
or lamb he has stolen he must restore to the owner five oxen for the stolen 
ox or four sheep for the stolen lamb.  These penalties apply only to a 
ganav -- a sneak thief who steals only where he cannot be seen by others -- 
and not to a gazlan -- a bold robber who takes his loot in full view of the 
victim.

Why did the Torah penalize the ganav and not the gazlan? 

This question was put to Rabbi Yochanan ben Zakkai by his disciples, and 
this was his reply:

	The gazlan shows as little fear of man as he does of G-d while a 
	ganav is more afraid of man than he is of G-d.  The latter's action 
	expresses an attitude that Heaven neither sees nor hears what happens 
	below.

An illustrative parable was offered by Rabban Gamliel:

	Two people living in the same city make banquets.  One invites the 
	townspeople along with his family but neglects to invite the royal 
	family.  The other invites neither the townspeople nor the royal 
	family.  Which of them has more grievously insulted the aristocracy?  
	Obviously the one who showed more respect for the common townspeople 
	than he did for royalty.

Bava Kama 79b
 
=========================================================================      
 
Labor and Human Dignity

What is the consideration for determining a more severe penalty for 
stealing and disposing of an ox than for doing the same with a lamb?

The value of labor says Rabbi Meir:
	The ox is a laboring animal and preventing it from providing its 
	owner with productive labor is a more serious offense than removing 
	the lamb which is not used for labor.


The value of human dignity says Rabbi Yochanan ben Zakkai:
	The ox is capable of walking along with the thief while the lamb must 
	be carried by the thief in his hurry to escape the scene of the 
	crime.  This indignity suffered by the thief is sufficient to 
	mitigate the degree of his penalty.

Bava Kama 79b

=========================================================================

Ohr Somayach Institutions is proud to present:

	SHAVUOS
	Laws, Customs and Insights
	an essay excerpted from the 3 volume BOOK OF OUR HERITAGE
	by Eliyahu KiTov. 
	Published by Yad Eliyahu Kitov and Feldheim Publishers Jerualem

The books are available from Ben Arza Judaica Books POB 894 Jerusalem, Israel
Telephone 02-272795, Fax 972-2274744, or your local Jewish bookseller. 
Used with permission. (C) by the Publishers. All Rights Reserved.

This file is available from the following sources:
o	The Jerusalem1 Gopher under the heading "Religious Institutions" 
	and the sub-heading "Ohr Somayach"
o	CompuServe Religion Forum, Judaism Library (2), filename 
	SHAVUO.TXT
o	On the UseNet group Soc.Culture.Jewish

=========================================================================

                                  SUBSCRIBE!

to one of the many weekly "lists" published by Ohr Somayach Institutions:

     dafyomi    - "The Weekly Daf," Rav Mendel Weinbach's insights into and
                  comments on the seven pages of Talmud studied this week.
                  Always interesting and CONTROVERSIAL reading!
     ask        - Ask the Rabbi Column.  Rabbi Yehoshua Karsh, of 
                  Ohr Somayach Jerusalem, answers YOUR questions on Judaism.
     weekly     - Summary of the weekly Torah portion, plus summaries of
                  commentaries from various sources.  Designed for 
                  ALL readers, from INTRODUCTORY to ADVANCED.
     parasha-qa - Challenging questions on the weekly Torah portion.
                  Includes the answers so you can check yourself!

There is NEVER a charge for any of the above lists (though your local information 
provider, such as Prodigy or CompuServe, might charge a nominal fee).  To subscribe 
to any of these lists, send the message:

	subscribe {listname} {firstname} {lastname}

to:	listserv@jerusalem1.datasrv.co.il

This address is only for SUBSCRIPTIONS.  If you have any comments, 
questions and suggestions, we'd love to hear them!  Send them to:

	newman@jerusalem1.datasrv.co.il

Remember, these are all INTERNET addresses.  
Compuserve users must preface the address with "INTERNET:"

=========================================================================     
   
Dedication opportunities are available for the Weekly Daf.   
Please contact us for details.   

=========================================================================   
   Jewish   L         EEEEEEEE  Prepared by Ohr Somayach Institutions   
     J      L         E         22 Shimon Hatzadik Street, POB 18103   
     J      L         Exchange  Jerusalem 91180, Israel   
J    J      L         E         Tel: 02-810315 Fax: 02-812890    
 JJJJ       Learning  EEEEEEEE  Internet: newman@jerusalem1.datasrv.co.il   
=========================================================================