Commentary for Bava Kamma 139:16

דתניא אמר רבי יוסי כשהלך אבא חלפתא אצל ר' יוחנן בן נורי ללמוד תורה ואמרי לה רבי יוחנן בן נורי אצל אבא

OR IF HE STEALS FROM HIS OWN FATHER, AND AFTER HE HAD SLAUGHTERED OR SOLD, HIS FATHER DIED,<span class="x" onmousemove="('comment',' And the thief became an heir to the estate. ');">¹⁵</span> OR AGAIN, WHERE HE STEALS AND SLAUGHTERS AND THEN CONSECRATES IT, HE HAS TO MAKE FOUR-FOLD OR FIVE-FOLD PAYMENT.<span class="x" onmousemove="('comment',' For the slaughter which preceded the consecration. ');">¹⁶</span> IF HE STEALS AND SLAUGHTERS TO USE THE MEAT FOR CURATIVE PURPOSES OR TO GIVE TO DOGS, OR IF HE SLAUGHTERS AND FINDS THE ANIMAL <i>TREFA</i>,<span class="x" onmousemove="('comment',' I.e., ritually unfit to be eaten owing to an organic defect in the animal; v. Glos. ');">¹⁷</span> OR IF HE SLAUGHTERS IT AS UNCONSECRATED IN THE 'AZARAH,<span class="x" onmousemove="('comment',' I.e., the precincts of the Temple where only sacrificial animals might be slaughtered. ');">¹⁸</span> HE HAS TO MAKE FOUR-FOLD OR FIVE-FOLD PAYMENT.<span class="x" onmousemove="('comment',' As the ritual unfitness of the animal in the last two cases is not due to a defect in the act of slaughter but arises through other circumstances. ');">¹⁹</span> R. SIMEON, HOWEVER, RULES THAT THERE IS EXEMPTION IN THESE [LAST] TWO CASES.<span class="x" onmousemove="('comment',' For he is of the opinion that if the slaughter does for any reason whatsoever not effect the ritual fitness of the animal to be eaten, it is not considered in the eye of the law as a slaughter. ');">²⁰</span> <b><i>GEMARA</i></b>. Are we to say that the Mishnah is not in accordance with R. Akiba? For how could it be in accordance with R. Akiba who said that [the Scriptural term] <i>'Matter</i>'<span class="x" onmousemove="('comment',' A matter shall be established by two witnesses, Deut. XIX, 15. ');">²¹</span> implies 'not half a matter'? As indeed taught:<span class="x" onmousemove="('comment',' V. B.B. 56a. ');">²²</span> R. Jose said: 'When [my] father Halafta went to R. Johanan b. Nuri to learn Torah, or as others, when R. Johanan b. Nuri went to [my] father

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