Musar for Bava Kamma 235:15
רב חסדא אמר לדעת מנין פוטר שלא לדעת צריך דעת וכי קתני ומנו את הצאן והיא שלימה ארישא
R. Johanan moreover said: If the proprietor had knowledge [of the theft], his counting will exempt [the thief], whereas if he had no knowledge [of it], it would not even be necessary to count,<span class="x" onmousemove="('comment',' Cf. however supra 57a. ');"><sup>24</sup></span> and the words, [HE] COUNTED THE SHEEP AND FOUND [THE HERD] COMPLETE, refer [exclusively] to the first clause.<span class="x" onmousemove="('comment',' Dealing with a case where the proprietor most probably knew of the theft. ');"><sup>25</sup></span>
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.
Ask RabbiBookmarkShareCopy