Home

If someone steals an ox or a sheep and sells or slaughters it, the liability with punitive damages is five cattle for the ox and four for the sheep (Exodus 21:37).

Rashi, (1040-1105), quotes Rabban Yochanan Ben Zakai (30-90 CE) to explain the discrepancy in punishment between the ox and the sheep. "God had pity on people's dignity, for the ox that walks on his feet and through which the thief was not humiliated by carrying it on his shoulders, he pays five times the principal; however, the sheep which must be carried, the thief pays only four times the principal since he was embarrassed."

The Torah is more lenient on punishment in the case of the sheep because the petty thief was embarrassed when carrying the sheep to safety (sheep don't run very well). It's amazing how the justice system is so meticulous in treating the thief even though he himself doesn't feel the embarrassment. By the Torah's calculation and perspective, the thief gained nothing, since the loss from embarrassment was equal to the stolen sheep. Obviously, the thief values his honor far less than does the Torah. If the thief had valued his honor, it would not have been worth it to steal the sheep, since the honor was estimated at a value of one sheep.

Why does the Torah take into account the thief's embarrassment if he does not care? It seems that, even though the thief does not appreciate his self-respect, the Torah does. Even a thief's honor has worth, and the Torah will not disregard him because of his deficiency to understand it and value it, he is a human being.

The Torah values each individuals inherent self worth and respects it without compromise, no matter the person's personal image of himself. This ruling of paying one less sheep does not only communicate Torah's justice, it also gives the petty thief the ability to rehabilitate the underlying reason of why he resorted to stealing: it was a lack of self respect.

Rabbi Chaim Lobel is spiritual leader of Young Israel of Aberdeen.
www.yiaberdeen.com