בשעמד בדין אי בשעמד בדין אפילו חומש נמי משלם אמר רב הונא בריה דרב יהושע לפי שאין משלמין חומש על כפירת שעבוד קרקעות
that [before the father died] he had already appeared in court<span class="x" onmousemove="('comment',' Where he was summoned on the instigation of witnesses after he had already denied the claim with a false oath; in which case there is no liability of a Fifth, v. Mishnah 108b. Tosaf. a.l.
');"><sup>1</sup></span> [and liability was established against him].<span class="x" onmousemove="('comment',' On the strength of impartial evidence.
');"><sup>2</sup></span> But if he had already appeared in court<span class="x" onmousemove="('comment',' Where he was summoned on the instigation of witnesses after he had already denied the claim with a false oath; in which case there is no liability of a Fifth, v. Mishnah 108b. Tosaf. a.l.
');"><sup>1</sup></span>
Sefer HaChinukh
It laws: For example, that which our Rabbis, may their memory be blessed, said (Sanhedrin 57a) how much would the theft be that obligates the robber in repayment? Any theft that is worth a small coin (perutah). But less than that is not in the category of repayment, even though he has transgressed a Torah prohibition. And as we shall write at length in the negative commandment of "You shall not rob" (Sefer HaChinukh, 20, 29), [it is] because Israelites are the children of Avraham, Yitschak and Yaakov - generous men, the children of generous men. And it is a well-known thing that that even a poor Israelite will pardon less than the worth of a perutah that was stolen from him, and he will not want to seek it at all. And therefore, they, may their memory be blessed, said (Bava Kamma 105a) that one who robs three bundles, worth three perutah at the time of the theft, and they depreciate in the hand of the robber and became worth two perutah - even though he returned two - he is obligated to return the third; since we judge according to the time of the robbery, and [the] third was already worth a perutah at that time. [If] he stole two that are worth one perutah [together] and he returned one, there is robbery here [but] there is not repayment here.
Ask RabbiBookmarkShareCopy
