Ta’anat genayvah is still genayvah TB Baba Kama

 Today’s daf TB Baba Kama 62 literally and figuratively starts a new chapter in our massekhet. Baba Kama’s first six chapters deal with property damage, i.e. my property damages someone else’s property. The seventh chapter deals with stealing (גְנֵבָה) and armed robbery (גְזֵלָה).

The Torah imposes the penalty of twice the amount of the stolen object or in Hebrew kefel (כֵּפֶל), a thief (גָנָב) must pay if he is caught with the stolen objects. “But if what was stolen—whether ox or ass or sheep—is found alive and in hand, that person shall pay double.” (Exodus 22: 3) If the thief slaughters or sells an ox or a sheep, the Torah imposes the penalty of four or five times the worth of the animal. “When any party steals an ox or a sheep, and slaughters it or sells it, that person shall pay five oxen for the ox, and four sheep for the sheep.” (Exodus 21:37)

The Gemara wants to know does a guardian who lies (ta’anat genayvah) has to pay the same penalties imposed on a thief. Here is the case. Somebody gives a guardian something to watch. When it is time to retrieve the object, the guardian claims that it was stolen and takes an oath to that effect. Sometime later the guardian is exposed as a liar. The object was never stolen, the guardian kept it for himself.

Rabbi Ḥiyya bar Abba teaches a thief is a thief no matter their method of thievery.  “Rabbi Ḥiyya bar Abba, as Rabbi Ḥiyya bar Abba says that Rabbi Yoḥanan says: In the case of one who falsely states the claim that a thief stole a deposit from him, and it is discovered that he himself is the thief, he pays double payment. And if the stolen item is an ox or sheep and he slaughtered or sold it, he pays the fourfold or fivefold payment. According to Rabbi Ḥiyya bar Abba, there is no difference between the applications of double payment and fourfold or fivefold payment in this case.” (Sefaria.org translation)