Ketubot 35: Forewarning, Intention, and Victimization from the Top/Bottom

When an animal has been killed (a piece of property that has been damaged), the rabbis have determined that whether or not the act was intentional, purposeful, or done from above or below the animal is irrelevant. The fine is to be paid, regardless.  So how might the rabbis use this information to inform their decisions regarding whether or not fines should be paid to women's fathers if two crimes were committed simultaneously.

It is difficult to justify the notion of killing an animal as comparable to breaking a vase.  Or as comparable to killing a woman - or her fetus.  But the rabbis walk through these arguments to hone their arguments; to create a picture that allows all of the contradictory, broad factors to fit together seamlessly.

We walk through arguments regarding forewarning, whether or not the act was in fact meant to be the murder of someone else, and capital punishment in different situations.  The rabbis remind us that if one kills someone accidentally, capital punishment is off of the table.  

The rabbis balance the needs of society with their understandings of Torah.  It would be too simple to say that all murder should be punished with execution. But to create exceptions, the rabbis must find appropriate verses that do not contradict each other.  And then they have to ensure that rabbis who have argued other related principles and points do not contradict themselves.