Bava Kamma 106: Questions About Exemption

The Gemara describes a number of different situations where it could be unclear whether the person who has robbed another person is exempt from at least part of his punishment.  

• one states that his robbery was in fact a loan
• a bailee says that the owner's deposit was lost
• one admits that he has taken a false oath
• one admits liability
• one is a thief rather than a robber
• the robber, a minor, is not accused until he is an adult
• etc.

In different circumstances the rabbis consider numerous factors including whether the oath was taken, where the oath was taken, whether many oaths were taken and then retracted or just one oath was taken and retracted, whether the stolen item was deposited, stolen or sold, details about possible witnesses, and many others.

They also consider consequences, including exemption, paying the principal and paying the additional one-fifth payment.

One of the more interesting questions is whether or not an animal must be properly ritually slaughtered if its mother dies while pregnant.  Of course, the rabbis share different opinions about this and every other question raised.