The person needs skin in the game TB Baba Kama 75

Today’s daf TB Baba Kama 75 discusses only one topic. If a person admits his guilt in court, he still has to return the item or its value; however, he is freed from the obligation of paying the fines of kafel and 4 or 5. An example would be a man steals another man’s sheep. He admits they stole it and even slaughtered it and he is only obligated to make restitution and not pay the fine of four or five.

Rav and Shmuel disagree in the case when a person admits his guilt and then witnesses come and testify that he indeed stole the object. Does the guilty party have to pay the fines or does his admission free him?

“It was stated with regard to one who admits that he is liable to pay a fine, and afterward witnesses come and testify to his liability, that Rav says he is exempt, and Shmuel says he is liable.” (Sefaria.org translation)

Rav Hamnuna qualifies Rav’s exemption. For admission to exempt a person from the fines, he has to have some skin in the game. In other words his admission cannot free him from all liability. If there is no liability, the admission has no effect.

“Rav Hamnuna said: Rav’s statement is more reasonable in a case where the thief says: I stole an item, and subsequently witnesses came and testified that he stole that item. In that case it is logical that the thief is exempt from paying the fine despite the witnesses’ testimony, because he at least obligated himself to pay the principal amount via his admission.

“But if he says: I did not steal anything, and witnesses came and testified that he did steal an animal, and subsequently the thief says: Yes, I did steal the animal, and I also slaughtered it, or I also sold it, and witnesses came and testified that he slaughtered or sold it, he is liable to pay the fourfold or fivefold payment. The reason he is liable is that through his admission he sought to exempt himself from any payment whatsoever. In order for an admission to exempt the perpetrator from a fine, it must include an admission that he is liable to pay some payment.” (Sefaria.org translation)

The Gemara quotes Rabbi Yoḥanan who lives in Israel showing that he agrees with Rav Hamnuna who lives in Babylonia.  The halakha follows Rav as explained by Rav Hamnuna.