The commandment on the court to judge a thief with repayment or the death penalty: To judge the laws of a thief, as it is written in the section of “If a man steals, etc.” (Exodus 21:37). And the matter of theft is one who takes a thing of [from the] money of his fellow, from his house or from his pocket at a time when the owner is not looking and does not know; and so [too] all that is similar to this. (See Tur, Choshen Mishpat 348.)
2
שֹׁרֶשׁ מִצְוַת הַמִּשְׁפָּט יָדוּעַ.
The root of the commandment of justice is well-known.
Its laws are for example, the payment of double, four or five; the law to kill the thief that comes surreptitiously or to sell him for his theft; the law of a stolen object that became more valuable in the house of the thief, on its own or due to expenditure [upon it], and the law of a stolen object that went up in price, wherein he pays the [repayment] according to what he stole and the payment of multiples according to the time that he is being judged; the law of a thief that stole from a thief, that he does not have to pay double to [such a one], even before there was a losing of hope of retrieval; the law of a thief who stole consecrated assets or the assets of a gentile, or one who steals slaves, deeds or lands; what is the law concerning repayment by one who steals on Shabbat, and the liability for desecration of the Shabbat and [the liability for] the theft came together; from which assets does the court collect payment from him; that if he is sold for his theft that his value needs to be like the value of the theft or less, but that if it is more, he is not sold; the laws of a guardian that stole or had property stolen from his house; the law prohibiting the purchase from the hand of the thief of that which was stolen, and what is the law with regards to the owners if he bought it. And the rest of its details are elucidated in the seventh chapter of Bava Kamma, in the eighth of Sanhedrin, in the third of Bava Metzia and in a few places in Ketuvot, in Kiddushin, and in Shevuot. (See Mishneh Torah, Laws of Theft 1.)
And [it] is practiced by males, as it is upon them to administer law. And in any place where there is a court of judges ordained in the Land [of Israel], they obligate to pay four and five times [in the relevant cases]. And if there are no ordained judges, they do not have the power to obligate [this], but [they do have the power] to return the stolen object or its value. But the actual selling of a thief is only practiced when the Jubilee year is practiced — even by ordained judges.
מִצְוַת בֵּית דִּין לָדוּן גַּנָּב בְּתַשְׁלוּמִין אוֹ בְּמִיתָה – לָדוּן בְּדִינֵי הַגַּנָּב כְּמוֹ שֶׁכָּתוּב בַּפָּרָשָׁה (שמות כא לז) כִּי יִגְנֹב אִישׁ וְגוֹ'. וְעִנְיַן הַגְּנֵבָה הוּא הַלּוֹקֵחַ דָּבָר [מִ]מָּמוֹן חֲבֵרוֹ, מִבֵּיתוֹ אוֹ מִכִּיסוֹ, בְּעֵת שֶׁלֹּא יִרְאֶה בַּעַל הַבַּיִת וְלֹא יֵדַע, וְכֵן כָּל כַּיּוֹצֵא בָּזֶה (ח"מ שמח).
The commandment on the court to judge a thief with repayment or the death penalty: To judge the laws of a thief, as it is written in the section of “If a man steals, etc.” (Exodus 21:37). And the matter of theft is one who takes a thing of [from the] money of his fellow, from his house or from his pocket at a time when the owner is not looking and does not know; and so [too] all that is similar to this. (See Tur, Choshen Mishpat 348.)
שֹׁרֶשׁ מִצְוַת הַמִּשְׁפָּט יָדוּעַ.
The root of the commandment of justice is well-known.
דִּינֶיהָ כְּגוֹן תַּשְׁלוּמֵי כֶּפֶל וְאַרְבָּעָה וַחֲמִשָּׁה, וְדִין לַהֲרֹג הַגַּנָּב הַבָּא בַּמַּחְתֶּרֶת אוֹ לְמָכְרוֹ בִּגְנֵבָתוֹ, וְדִין הַגְּנֵבָה שֶׁהִשְׁבִּיחָה בְּבֵית הַגַּנָּב מֵאֵלֶיהָ אוֹ מֵחֲמַת הוֹצָאָה, וְדִין גְּנֵבָה שֶׁהוּקְרָה שֶׁמְּשַׁלֵּם קֶרֶן כְּעֵין שֶׁגָּנַב וְתַשְׁלוּמֵי הַכְּפָלִים כִּשְׁעַת הַעֲמָדָה בַּדִּין. וְדִין גַּנָּב שֶׁגָּנַב מִיַּד הַגַּנָּב שֶׁאֵין מְשַׁלֵּם כֶּפֶל לְאֶחָד מֵהֶן אֲפִלּוּ קֹדֶם יֵאוּשׁ. וְדִין גַּנָּב שֶׁגָּנַב נִכְסֵי הֶקְדֵּשׁ, אוֹ נִכְסֵי גּוֹי, אוֹ הַגּוֹנֵב עֲבָדִים וּשְׁטָרוֹת וְקַרְקָעוֹת, וְהַגּוֹנֵב בְּשַׁבָּת וּבָא עָלָיו חִיּוּב חִלּוּל שַׁבָּת וּגְנֵבָה כְּאַחַת, מַה דִּינוֹ לְעִנְיַן הַתַּשְׁלוּמִין, וּמֵאֵיזֶה מִנְּכָסָיו מַגְבִּין בֵּית דִּין מִמֶּנּוּ הַתַּשְׁלוּמִין, וְאִם נִמְכָּר בִּגְנֵבָתוֹ שֶׁצָּרִיךְ שֶׁיִּהְיוּ דָּמָיו כִּדְמֵי הַגְּנֵבָה אוֹ פָּחוֹת, אֲבָל הָיוּ יוֹתֵר אֵינוֹ נִמְכָּר, וְדִינֵי שׁוֹמֵר שֶׁגָּנַב אוֹ שֶׁנִּגְנַב מִבֵּיתוֹ, וְדִין אִסּוּר קְנִיַּת גְּנֵבָה מִיַּד הַגַּנָּב, וּמִי שֶׁקָּנָה מֵהֶן מַה דִּינוֹ עִם הַבְּעָלִים. וְיֶתֶר פְּרָטֶיהָ מְבֹאָרִים בְּפֶרֶק שְׁבִיעִי מִקַּמָּא, (סב, ב) וּבְפֶרֶק שְׁמִינִי מִסַּנְהֶדְרִין, וּבַשְּׁלִישִׁי מִמְּצִיעָא (לג ב) וּבִמְקוֹמוֹת מְעַטִּים מִכְּתֻבּוֹת (לא, א) וְקִדּוּשִׁין (יח, א) וּשְׁבוּעוֹת (מט, א) (ה, גניבה פ"א).
Its laws are for example, the payment of double, four or five; the law to kill the thief that comes surreptitiously or to sell him for his theft; the law of a stolen object that became more valuable in the house of the thief, on its own or due to expenditure [upon it], and the law of a stolen object that went up in price, wherein he pays the [repayment] according to what he stole and the payment of multiples according to the time that he is being judged; the law of a thief that stole from a thief, that he does not have to pay double to [such a one], even before there was a losing of hope of retrieval; the law of a thief who stole consecrated assets or the assets of a gentile, or one who steals slaves, deeds or lands; what is the law concerning repayment by one who steals on Shabbat, and the liability for desecration of the Shabbat and [the liability for] the theft came together; from which assets does the court collect payment from him; that if he is sold for his theft that his value needs to be like the value of the theft or less, but that if it is more, he is not sold; the laws of a guardian that stole or had property stolen from his house; the law prohibiting the purchase from the hand of the thief of that which was stolen, and what is the law with regards to the owners if he bought it. And the rest of its details are elucidated in the seventh chapter of Bava Kamma, in the eighth of Sanhedrin, in the third of Bava Metzia and in a few places in Ketuvot, in Kiddushin, and in Shevuot. (See Mishneh Torah, Laws of Theft 1.)
וְנוֹהֶגֶת בִּזְכָרִים, שֶׁעֲלֵיהֶם לַעֲשׂוֹת דִּין, וּבְכָל מָקוֹם שֶׁיֵּשׁ בֵּית דִּין סְמוּכִין בָּאָרֶץ מְחַיְּבִין לְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. וְאִם אֵין סְמוּכִין, אֵין לָהֶם כֹּחַ לְחַיֵּב אֶלָּא לְהַחְזִיר הַגְּנֵבָה אוֹ דָּמֶיהָ. אֲבָל מְכִירַת הַגַּנָּב עַצְמוֹ אֵינָהּ נוֹהֶגֶת אֲפִילּוּ בִּסְמוּכִין אֶלָּא בִּזְמַן שֶׁהַיּוֹבֵל נוֹהֵג.
And [it] is practiced by males, as it is upon them to administer law. And in any place where there is a court of judges ordained in the Land [of Israel], they obligate to pay four and five times [in the relevant cases]. And if there are no ordained judges, they do not have the power to obligate [this], but [they do have the power] to return the stolen object or its value. But the actual selling of a thief is only practiced when the Jubilee year is practiced — even by ordained judges.