Ethical Teachings of Yoḥanan ben Zakkai in the Babylonian Talmud

[The Gemara concludes its discussion of theft with several aggadic statements.] 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 (Psalm 94:7). And it is written: For they say: The Lord has forsaken the land, and the Lord does not see (Ezekiel 9:9).

It is taught [in a baraita that] R. Meir said: [To illustrate the severity of a thief over a robber, as per Rabban Yoḥanan ben Zakkai’s explanation,] they stated a parable in the name of Rabban Gamaliel. To what is this matter comparable? To two people who were [living] in the [same] city, and [both of them] prepared a feast. One [of them] invited the people of the city [to his feast] but he did not invite the king’s sons. And [the other] did not invite the people of the city and [also] did not invite the king’s sons. Which of them [deserves] a greater punishment? You must say [that it is] this one who invited the people of the city but did not invite the king’s sons. [Likewise, both the thief and the robber show disdain for God, but the robber does not display more respect for people.]

[The Gemara discusses why there is a fourfold payment for a sheep but a fivefold payment for an ox.] R. 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].

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].

Published in: The Posen Library of Jewish Culture and Civilization, vol. 2: Emerging Judaism.

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