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A female thief is not sold to make restitution — so what happens instead?
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The mishna in Sotah 3:8 says, in a list of differences in halacha between men and women:
A man is sold for his theft [i.e., to repay it], a woman is not sold for her theft. (Sefaria translation)
The clarification that the sale is for repayment comes from the g'mara, which doesn't elaborate further. A thief is required to compensate the victim; a man who cannot do so is sold but a woman can't be sold -- so how is the victim of a female thief compensated?
Does the obligation fall on her husband (if married) or father (if not)? That would only work if she isn't a widow, divorced, or an orphan. How does the victim of a poor female thief get compensated -- or doesn't he?
gezel-stealing torts-damages tractate-sotah
asked 1 hour ago
Monica Cellio♦Monica Cellio
38k582264
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The mishna in Sotah 3:8 says, in a list of differences in halacha between men and women:
A man is sold for his theft [i.e., to repay it], a woman is not sold for her theft. (Sefaria translation)
The clarification that the sale is for repayment comes from the g'mara, which doesn't elaborate further. A thief is required to compensate the victim; a man who cannot do so is sold but a woman can't be sold -- so how is the victim of a female thief compensated?
Does the obligation fall on her husband (if married) or father (if not)? That would only work if she isn't a widow, divorced, or an orphan. How does the victim of a poor female thief get compensated -- or doesn't he?
gezel-stealing torts-damages tractate-sotah
asked 1 hour ago
Monica Cellio♦Monica Cellio
38k582264
1
FWIW, Tosfos to the Gemara (Sotah 23b) infer, based on the fact that there’s another related exposition in Kiddushin 14b, that we don’t sell the woman’s father (where she’s younger than 12.5).
– DonielF
1 hour ago
add a comment |
The mishna in Sotah 3:8 says, in a list of differences in halacha between men and women:
A man is sold for his theft [i.e., to repay it], a woman is not sold for her theft. (Sefaria translation)
The clarification that the sale is for repayment comes from the g'mara, which doesn't elaborate further. A thief is required to compensate the victim; a man who cannot do so is sold but a woman can't be sold -- so how is the victim of a female thief compensated?
Does the obligation fall on her husband (if married) or father (if not)? That would only work if she isn't a widow, divorced, or an orphan. How does the victim of a poor female thief get compensated -- or doesn't he?
gezel-stealing torts-damages tractate-sotah
asked 1 hour ago
Monica Cellio♦Monica Cellio
38k582264
The mishna in Sotah 3:8 says, in a list of differences in halacha between men and women:
A man is sold for his theft [i.e., to repay it], a woman is not sold for her theft. (Sefaria translation)
The clarification that the sale is for repayment comes from the g'mara, which doesn't elaborate further. A thief is required to compensate the victim; a man who cannot do so is sold but a woman can't be sold -- so how is the victim of a female thief compensated?
Does the obligation fall on her husband (if married) or father (if not)? That would only work if she isn't a widow, divorced, or an orphan. How does the victim of a poor female thief get compensated -- or doesn't he?
gezel-stealing torts-damages tractate-sotah
gezel-stealing torts-damages tractate-sotah
asked 1 hour ago
Monica Cellio♦Monica Cellio
38k582264
asked 1 hour ago
Monica Cellio♦Monica Cellio
38k582264
asked 1 hour ago
Monica Cellio♦Monica Cellio
38k582264
asked 1 hour ago
Monica Cellio♦Monica Cellio
38k582264
asked 1 hour ago
Monica Cellio♦Monica Cellio
38k582264
38k582264
1
FWIW, Tosfos to the Gemara (Sotah 23b) infer, based on the fact that there’s another related exposition in Kiddushin 14b, that we don’t sell the woman’s father (where she’s younger than 12.5).
– DonielF
1 hour ago
add a comment |
1
FWIW, Tosfos to the Gemara (Sotah 23b) infer, based on the fact that there’s another related exposition in Kiddushin 14b, that we don’t sell the woman’s father (where she’s younger than 12.5).
– DonielF
1 hour ago
1
1
FWIW, Tosfos to the Gemara (Sotah 23b) infer, based on the fact that there’s another related exposition in Kiddushin 14b, that we don’t sell the woman’s father (where she’s younger than 12.5).
– DonielF
1 hour ago
FWIW, Tosfos to the Gemara (Sotah 23b) infer, based on the fact that there’s another related exposition in Kiddushin 14b, that we don’t sell the woman’s father (where she’s younger than 12.5).
– DonielF
1 hour ago
add a comment |
1 Answer
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It would seem from the Rambam (Hil. Geneivah 3:12) that she bears the debt until she can afford to pay it off:
הָאִישׁ נִמְכָּר בִּגְנֵבָתוֹ אֲבָל לֹא הָאִשָּׁה. וְדָבָר זֶה מִפִּי הַקַּבָּלָה. וְאֵין הַגַּנָּב נִמְכָּר אֶלָּא בְּקֶרֶן אֲבָל בְּכֶפֶל אוֹ בְּתַשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה אֵינוֹ נִמְכָּר אֶלָּא הֲרֵי זֶה עָלָיו חוֹב עַד שֶׁיַּעֲשִׁיר:
A man is sold for his theft, but not a woman; this matter is [known] by tradition. A thief is only sold for the principal; for the double or four- and five-times payment he is not sold, but rather the debt is upon him until he gains wealth.
Similarly, it would seem, a woman bears the debt until she can pay it off.
answered 1 hour ago
DonielFDonielF
17.1k12690
add a comment |
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
It would seem from the Rambam (Hil. Geneivah 3:12) that she bears the debt until she can afford to pay it off:
הָאִישׁ נִמְכָּר בִּגְנֵבָתוֹ אֲבָל לֹא הָאִשָּׁה. וְדָבָר זֶה מִפִּי הַקַּבָּלָה. וְאֵין הַגַּנָּב נִמְכָּר אֶלָּא בְּקֶרֶן אֲבָל בְּכֶפֶל אוֹ בְּתַשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה אֵינוֹ נִמְכָּר אֶלָּא הֲרֵי זֶה עָלָיו חוֹב עַד שֶׁיַּעֲשִׁיר:
A man is sold for his theft, but not a woman; this matter is [known] by tradition. A thief is only sold for the principal; for the double or four- and five-times payment he is not sold, but rather the debt is upon him until he gains wealth.
Similarly, it would seem, a woman bears the debt until she can pay it off.
answered 1 hour ago
DonielFDonielF
17.1k12690
add a comment |
It would seem from the Rambam (Hil. Geneivah 3:12) that she bears the debt until she can afford to pay it off:
הָאִישׁ נִמְכָּר בִּגְנֵבָתוֹ אֲבָל לֹא הָאִשָּׁה. וְדָבָר זֶה מִפִּי הַקַּבָּלָה. וְאֵין הַגַּנָּב נִמְכָּר אֶלָּא בְּקֶרֶן אֲבָל בְּכֶפֶל אוֹ בְּתַשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה אֵינוֹ נִמְכָּר אֶלָּא הֲרֵי זֶה עָלָיו חוֹב עַד שֶׁיַּעֲשִׁיר:
A man is sold for his theft, but not a woman; this matter is [known] by tradition. A thief is only sold for the principal; for the double or four- and five-times payment he is not sold, but rather the debt is upon him until he gains wealth.
Similarly, it would seem, a woman bears the debt until she can pay it off.
answered 1 hour ago
DonielFDonielF
17.1k12690
add a comment |
It would seem from the Rambam (Hil. Geneivah 3:12) that she bears the debt until she can afford to pay it off:
הָאִישׁ נִמְכָּר בִּגְנֵבָתוֹ אֲבָל לֹא הָאִשָּׁה. וְדָבָר זֶה מִפִּי הַקַּבָּלָה. וְאֵין הַגַּנָּב נִמְכָּר אֶלָּא בְּקֶרֶן אֲבָל בְּכֶפֶל אוֹ בְּתַשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה אֵינוֹ נִמְכָּר אֶלָּא הֲרֵי זֶה עָלָיו חוֹב עַד שֶׁיַּעֲשִׁיר:
A man is sold for his theft, but not a woman; this matter is [known] by tradition. A thief is only sold for the principal; for the double or four- and five-times payment he is not sold, but rather the debt is upon him until he gains wealth.
Similarly, it would seem, a woman bears the debt until she can pay it off.
answered 1 hour ago
DonielFDonielF
17.1k12690
It would seem from the Rambam (Hil. Geneivah 3:12) that she bears the debt until she can afford to pay it off:
הָאִישׁ נִמְכָּר בִּגְנֵבָתוֹ אֲבָל לֹא הָאִשָּׁה. וְדָבָר זֶה מִפִּי הַקַּבָּלָה. וְאֵין הַגַּנָּב נִמְכָּר אֶלָּא בְּקֶרֶן אֲבָל בְּכֶפֶל אוֹ בְּתַשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה אֵינוֹ נִמְכָּר אֶלָּא הֲרֵי זֶה עָלָיו חוֹב עַד שֶׁיַּעֲשִׁיר:
A man is sold for his theft, but not a woman; this matter is [known] by tradition. A thief is only sold for the principal; for the double or four- and five-times payment he is not sold, but rather the debt is upon him until he gains wealth.
Similarly, it would seem, a woman bears the debt until she can pay it off.
answered 1 hour ago
DonielFDonielF
17.1k12690
answered 1 hour ago
DonielFDonielF
17.1k12690
answered 1 hour ago
DonielFDonielF
17.1k12690
answered 1 hour ago
DonielFDonielF
17.1k12690
17.1k12690
add a comment |
add a comment |
1
FWIW, Tosfos to the Gemara (Sotah 23b) infer, based on the fact that there’s another related exposition in Kiddushin 14b, that we don’t sell the woman’s father (where she’s younger than 12.5).
– DonielF
1 hour ago