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with permission and has the slave’s welfare in mind, the slave never-
theless goes free. This is because we do not differentiate in regard to
the mitzvos of the Torah between whether his intentions were wor-
thy or not – despite Rashi’s explanation (in maseches Gittin 21b, s.v. lo)
that the reason a slave whose master knocked out his tooth or blinded
his eye goes out free is because the master violated the prohibition
of inflicting injury. According to this, here too, although the thief ’s
intentions were worthy and he did not sin, he is nevertheless liable.

However even in regard to the penalty of “tooth and eye” this may
not be clear, for the Rambam’s comments may be confined to cases
where there is no danger to life but if the slave’s life is in danger and
his physician master removes his tooth or eye [in order to save his life]
perhaps the slave does not go free – further reflection is necessary.

To Summarize: If not for the comments of the Mishnas R’ Aharon
it appears that the thief would just pay double to the animal’s owner
because he incurred that liability even before the slaughter but would
not pay four or five-fold. The dangerously ill patient who benefitted
from the ox’s meat would pay the ox’s value because he derived benefit
from it.

A Canaanite slave whose life is in danger from an infected eye or
tooth, whose master, who is a physician, removes the eye or tooth
does not go free, because his master was compelled to do this and an
annus does not incur any penalty.



To summarize our discussion of the second point:

1. According to Tosfos it is permitted to steal another per-
son’s money for the sake of saving a life but Rashi forbids
this.

2. In our case however, even if we decide that if the bank clerk
commits suicide out of embarrassment he will not be pun-
ished for having taken his own life because he is considered
an annus and that others are also allowed to violate Torah
prohibitions in order to prevent him committing suicide,

Lying to Prevent Suicide 2 393