Daf TB Baba Kama 79 explains a thief (ganav- גַנָּב) has to pay the penalty of four or five and a robber (gazlan- גַּזְלָן) only has to pay the penalty of kefel.
His students asked Rabban Yoḥanan ben
Zakkai: For what reason was the Torah stricter with a thief than with a robber?
Only a thief is required to pay the double, fourfold, or fivefold payment, not
a robber. Rabban Yoḥanan ben Zakkai said to them in response: This
one, the robber, equated the honor of the servant to the honor of
his Master, and that one, the thief, did not equate the honor of the
servant to the honor of his Master. The robber fears neither God nor
people, as he is not afraid to rob in public. The thief does not fear God but
he does fear other people, which demonstrates that he is more concerned about
humans than God.
As it were, the thief establishes the eye below, i.e., God’s eye, as though it does not see, and the ear below, i.e., God’s ear, as though it does not hear. The Gemara cites verses that describe people who imagine that God does not see their actions, as it is stated: “Woe to them who seek deeply to hide their counsel from the Lord, and their works are in the dark, and they say: Who sees us, and who knows us?” (Isaiah 29:15). And it is written: “And they say: The Lord will not see, neither will the God of Jacob give heed” (Psalms 94:7). And it is written: “For they say: The Lord has forsaken the land, and the Lord does not see” (Ezekiel 9:9).” (Sefaria.org translation)
We learn two important
Jewish principles why the thief only pays the penalty of four times the amount
for a small animal’s, but pays five times the amount of a large animal. “Rabbi Meir said: Come and see how
great the power of labor is. The theft of an ox, which was forced by the
thief to cease its labor, leads to a fivefold payment; whereas
the theft of a sheep, which was not forced by the thief to
cease its labor, as a sheep performs no labor, leads to only a fourfold
payment.” Judaism values honest work. In fact some
commentators believe that it is a mitzvah to work based on the fourth
commandment on the two tablets Moses brought down from Mount Sinai. “Remember the sabbath day and keep it
holy. Six days you shall labor and do all your work. but the seventh day is a sabbath of
your God...” (Exodus 20:7-9) Just as we are commanded rest on Shabbat, we are
commanded to work the other six days.
We have seen
many times before the great is the dignity due human beings (גָּדוֹל כְּבוֹד הַבְּרִיּוֹת) who are created in God’s image. The
penalty of four or five reinforces this value. “Rabban Yoḥanan ben Zakkai said: Come
and see how great human dignity is. The theft of an ox, which walked on its own legs as
the thief stole it, leads to a fivefold payment, whereas the theft of a
sheep, which the thief carried on his shoulder as he walked, thereby
causing himself embarrassment, leads to only a fourfold payment.” (Sefaria.org translation)
American law also makes distinctions between different kinds
of theft.
“In New York the terms
larceny and theft are interchangeable. There are different penalties for
different acts of larceny. “Under New York laws,
burglary occurs when an individual enters a building or vehicle without
permission and with the intent to commit a crime. Burglary occurs whether or
not anything is stolen and whether or not other intended crimes were committed.
No one has to be in the building or vehicle for burglary charges to be pressed.
“A
robbery, on the other hand, always occurs with the victim present. An
individual commits robbery when they use force or threat of force to take any
property from the victim.
“Penalties
for Larceny
“Petty
larceny, the theft of items valued at or under $1,000, is charged as a Class A
misdemeanor in New York. Conviction of petty larceny can result in up to one
year in prison and fines of up to $1,000.
“Grand
larceny felony charges depend on the value of the item. The fines for grand
larceny are typically twice that of the value of the property stolen, or
$5,000, whichever amount is greater. Charges for grand larceny include:
- -Property valued over $1,000 up to $3,000 is a Class E
felony. Conviction results in up
to four years in prison, with a minimum sentence of one year.
- -Property valued over $3,000 and up to $50,000 is
charged as a Class D felony. Conviction
results in a minimum of one year in prison and up to seven years.
- -Property valued at more than $50,000 and up to
$1,000,000 is a Class C felony. Conviction
carries a minimum of one year in jail and up to 15 years in prison.
- -Property valued over $1,000,000 is a Class B felony. Conviction has a minimum sentence of one year in
prison or ⅓ of the maximum given sentence and up to 25 years in prison.” (https://www.tsiglerlaw.com/theft-vs-larceny-vs-robbery-vs-burglary-new-york/)
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