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Next underground

שו”תNext underground
asked 4 years ago

Rabbi Michi Shalom?
I am studying the issue of the following in the underground tractate of Sanhedrin.
I still don’t understand in which case the Torah permitted killing the thief and in which case one must pay double?
It is clear that someone who comes underground is liable to death. But in what case would double punishment be required? Perhaps when there was no contact between him and the thief?


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0 Answers
מיכי Staff answered 4 years ago
I didn’t understand the question. A thief must pay double. What does this have to do with going underground?

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נועם replied 4 years ago

The one who comes underground is also a person who comes to steal. He breaks into the person's house and intends to steal. The thief's double charge perhaps refers to the case where the thief did not see the homeowner and did not commit suicide.

ישי replied 4 years ago

Not true. That's the whole novelty of the issue there.
Coming underground is not just a thief, it is a specific law on a specific type of theft in which it is known that the thief would have died by the owner with permission and therefore he is exempt from paying the Kalb'm law (there is a dispute on the issue there about what is defined as coming underground).
The thief is liable for double payments if he is not liable for death, that is, for simple theft.

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