Musar for Bava Kamma 235:13
ושמואל אמר בין לדעת בין שלא לדעת מנין פוטר וכי קתני ומנו והיא שלימה פטור אכולה
if he desires to fulfil his duty towards Heaven.<span class="x" onmousemove="('comment',' Though he cannot be forced by civil law to do so according to the view of R. Johanan himself. ');"><sup>21</sup></span> <b><i>MISHNAH</i></b>. IF A MAN STOLE A SHEEP FROM THE HERD AND PUT IT BACK [THERE], AND IT SUBSEQUENTLY DIED OR WAS STOLEN, HE WOULD STILL BE RESPONSIBLE FOR IT. IF THE PROPRIETOR KNEW NEITHER OF THE THEFT NOR OF THE RESTORATION, BUT COUNTED THE SHEEP AND FOUND [THE HERD] COMPLETE, [THE THIEF WOULD BE] EXEMPT [IN REGARD TO ANY SUBSEQUENT MISHAP].
Shenei Luchot HaBerit
I believe that in the many instances when the Talmud justifies certain rulings by the statement אדם חשוב שאני, that we apply different yardsticks to morally high-ranking people, the Talmud wants to emphasize that the law is different when applied to such people. It is not merely a voluntary abrogation of one's rights. When the Talmud speaks of "doing one's duty in the eyes of Heaven," however, it is something else again. Such considerations apply where for one reason or another the human tribunal is unable to enforce a certain ruling.
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