Talmud - Bava Kamma 64a בבא קמא ס״ד א׳

When the verse states “sheep,” a sheep is thereby stated explicitly. Therefore, the detail of “ox” cannot be written to include specifically items that can be sacrificed on the altar, e.g., a sheep. How then do I realize the meaning of the word “theft,” i.e., what is the category of items derived from the detail and generalization? It must be that it serves to include all types of items in the requirement of double payment.

The baraita continues to analyze the verse: Let the verse state only “ox,” “sheep,” and “theft,” and in that manner everything would be included. Why is it necessary to write “donkey”? Had the verse been written in this manner, without “donkey,” I would have said: Just as the items mentioned in the detail, “ox” and “sheep,” are clearly defined as items that are subject to being sacred with the sanctity of the firstborn, so too any item that is subject to being sacred with the sanctity of the firstborn is subject to double payment, but not other items.

What is there for you to include in this category? A donkey. When the verse says “donkey,” a donkey is thereby stated explicitly. Therefore, the details of “ox” and “sheep” cannot be written to include specifically items that are subject to being sacred with the sanctity of the firstborn, e.g., a donkey. How then do I realize the meaning of the word “theft,” i.e., what is the category of items derived from the detail and generalization? It must be that it serves to include all types of items in the requirement of double payment.

The baraita continues to analyze the verse: Let the verse state only “ox,” and “donkey,” and “sheep,” and “theft,” and in that manner all items would be included. Why is it necessary to write the word “alive”? Had the verse been written in this manner, I would say: Just as the items mentioned in the detail, “ox,” “sheep,” and “donkey,” are clearly defined as items that are animals, so too all animals are subject to double payment, but not inanimate objects.

What is there for you to include in this category that is not already listed? Animals other than oxen, sheep, and donkeys. When the verse states the term “alive,” animals are thereby stated explicitly. Therefore, the details of “ox,” “sheep,” and “donkey” cannot be written to include animals. How then do I realize the meaning of “theft,” i.e., what is the category of items derived from the detail and generalization? It must be that it serves to include all types of items in the requirement of double payment. This is the end of the baraita.

There are several puzzling elements of the halakhic exposition of the verse in this baraita. The Gemara now seeks to explain it in detail. The Master said in the baraita above: Let the verse state only “ox” and “theft.” The Gemara objects: Are “ox” and “theft” written in the verse in this order, as a generalization and a detail? No, it is “theft” and then “ox” that is written. Consequently, the verse contains a generalization and a detail, in which case the generalization is understood to refer only to that which is specified in the detail.

And if you would say that the baraita is saying that this would be the case had the verse stated the words in this manner, i.e.: Had the verse stated “ox” and then “theft,” all items would have been included; how can you then proceed to say: Just as the item mentioned in the detail, “ox,” is clearly defined as an item that can be sacrificed on the altar, so too everything that can be sacrificed on the altar is subject to double payment? “Ox” is a detail and “theft” is a generalization, and according to the rules of hermeneutics, in such a case the generalization adds to the detail, and all items are included, not just items that resemble the detailed item.

Rather, the baraita must be saying that the verse should be analyzed as it is actually written: First “theft” and then “ox.” Accordingly, how can you then proceed to say that all items would be included, or: Just as the item mentioned in the detail is clearly defined as an item that can be sacrificed on the altar, as the baraita states? This analysis is applicable only when there is a generalization, and a detail, and a generalization. In this verse “theft” is a generalization and “ox” is a detail. The rules of hermeneutics state that when there is only a generalization and a detail, there is nothing included in the generalization other than what is listed in the detail. In this case, one would necessarily conclude that if one steals an ox, yes, he is liable to pay the double payment for stealing it, but if one steals anything else, no, there is no double payment.

Rava stated an explanation of the baraita: When the tanna suggested: Let the verse say “ox” and “theft,” and similar suggestions, he was relying on the word “alive” at the end of the phrase. He considered this word an additional generalization after the detailed items, and therefore he was saying that the phrase is to be treated as a generalization, and a detail, and a generalization. Consequently, it should have been sufficient for the verse to state merely “theft,” followed by “ox,” followed by “alive.” Why does the Torah specify further items?

The Gemara questions this explanation: But the latter generalization is not similar to the first generalization. The first generalization, “theft,” is so general that it includes all items, whereas the latter generalization, “alive,” includes only animals. Consequently, the rule of a generalization, and a detail, and a generalization should not apply. The Gemara responds: This tanna, the author of this baraita, is of the school of Rabbi Yishmael, who expounds generalizations and details in a case like this. Even if the first generalization and the latter generalization are dissimilar, he interprets the verse as a generalization, and a detail, and a generalization.

Rava continues his explanation of the baraita: And this is what the tanna found difficult at the end of the baraita: Why do I need the beginning of the verse to state: “If the theft shall be found [himmatze timmatze],” with the verb repeated? Rava now explains the entire baraita, from the beginning: Let the verse say “ox” and “theft” and “alive,” and all items would be included, in accordance with the rules of a generalization, and a detail, and a generalization. Why did the verse include other details?

The baraita answers this by saying: Had the verse been written in this manner, I would have said: Just as the item mentioned in the detail, “ox,” is clearly defined as an item that is sacrificed on the altar, so too everything that is sacrificed on the altar is subject to double payment, but not other items. What else is there for you to include in this category? A sheep. When the verse states “sheep,” a sheep is thereby stated explicitly. Therefore, the detail of “ox” cannot be written to include specifically items that can be sacrificed on the altar, e.g., a sheep. How then do I realize the meaning of the word “theft,” i.e., what is the category of items derived from the detail and generalization? It must be that it serves to include all types of items in the requirement of double payment.

The baraita continues: Let the verse say only “theft,” and “ox” and “sheep” and “alive,” and all items would be included. Why is it necessary to write “donkey”? The baraita answers: Had the verse been written in this manner, without “donkey,” I would have said: Just as the items mentioned in the detail, “ox” and “sheep,” are clearly defined as items that are subject to being sacred with the sanctity of the firstborn, so too any item that is subject to being sacred with the sanctity of the firstborn is subject to double payment, but not other items.

What is there for you to include in this category? A donkey. When the verse says “donkey,” a donkey is thereby stated explicitly. Therefore, the details of “ox” and “sheep” cannot be written to include specifically items that are subject to being sacred with the sanctity of the firstborn, e.g., a donkey. How then do I realize the meaning of the word “theft,” i.e., what is the category of items derived from the detail and generalization? It must be that it serves to include all types of items in the requirement of double payment.

The baraita then asks: Let the verse say only “theft,” and “ox,” and “sheep,” and “donkey” and “alive,” and in that manner all items would be included. The baraita answers: Had the verse been written in this manner, I would say: Just as the items mentioned in the detail, “ox,” “sheep,” and “donkey,” are clearly defined as items that are animals, so too all animals are subject to double payment, but not inanimate objects.

What is there for you to include in this category that is not already listed? Animals other than oxen, sheep, and donkeys. When the verse states “alive,” animals are thereby stated explicitly. Therefore, the details of “ox,” “sheep,” and “donkey” cannot be written to include animals. How then do I realize the meaning of “theft,” i.e., what is the category of items derived from the detail and generalization? It must be that it serves to include all types of items in the requirement of double payment. If so, why do I need the phrase “if the theft shall be found [himmatze timmatze]”? This is the conclusion of the baraita as explained by Rava.

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

BavaKamma 64a examines the hermeneutical rules deriving which stolen items require double payment, focusing on animals versus inanimate objects.