Musar for Bava Kamma 235:16
אמר רבא
R. Hisda, however, said: Where the proprietor had knowledge [of the theft], counting will exempt [the thief], whereas where he had no knowledge [of the theft], he would have to be notified [of the restoration], and the words, [HE] COUNTED THE SHEEP AND FOUND [THE HERD] COMPLETE, refer [only] 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> Raba said:
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