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A female thief is not sold to make restitution -- so what happens instead?

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A female thief is not sold to make restitution — so what happens instead?



The 2019 Stack Overflow Developer Survey Results Are In
Parashat Metzora+Hagadol
Pesach/PassoverWhat if the thief gets injured by what he has stolen?what happens to the Sotah?Does every woman have a destined match?










4















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







share|improve this question

















  • 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
















4















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







share|improve this question

















  • 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














4












4








4


1






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







share|improve this question














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






share|improve this question













share|improve this question











share|improve this question




share|improve this question










asked 2 hours 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













  • 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











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.






share|improve this answer






























    1 Answer
    1






    active

    oldest

    votes








    1 Answer
    1






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes









    2














    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.






    share|improve this answer



























      2














      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.






      share|improve this answer

























        2












        2








        2







        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.






        share|improve this answer













        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.







        share|improve this answer












        share|improve this answer



        share|improve this answer










        answered 1 hour ago









        DonielFDonielF

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        17.1k12690













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