VBM The Law of a Thief By Harav Yaakov Medan

The gemara views thievery as one of the four principle categories of damages.[1] As in the passages that precede the passage dealing with the thief, this section deals specifically with the theft of animals:[2] If a man steals an ox or a sheep and kills it or sells it, he shall pay five oxen for an ox and four sheep for a sheep. If a thief is found breaking in, and he is smitten so that he dies, there shall be no blood-guilt for him. If the sun has risen upon him, there shall be blood-guilt for him; he shall make restitution. If he has nothing, then he shall be sold for his theft. If the theft is found in his hand alive, whether it be ox, or ass, or sheep, he shall pay double. (Shemot 21:37-22:3) The structure of the section indicates that there are two categories of thieves. In the case of the second thief, the stolen animal is found alive in his hands, and he must pay double. The first thief is one who slaughtered or sold the stolen animal. He is distinguished from a thief by whom the stolen animal is found alive in his hands in four ways: 1) The very act of slaughter or sale, which is added to the act of stealing; 2) His punishment is different. He is liable not only for double restitutions, but for four or five times the value of the stolen animal; 3) Only in reference to the first thief does the Torah discuss the possibility of breaking in, which can end in a bloody conflict; 4) Only with regard to a thief who slaughtered or sold the animal does the Torah say that if he cannot pay for the stolen animal, he is sold into servitude.