[Avodah] Kim Leih Bid'rabba mineih

[Zev Sero]

David Riceman wrote:
> My son and I are studying the mishnayos of Bava Kama, and we're on the 
> mishna which says that someone who burns a neighbor's haystack on 
> Shabbos is exempt from repayment because he has committed a capital 
> crime.  My son asked whether this applies nowadays, when we don't 
> adjudicate capital crimes.  Any ideas/sources?

It would seem that we still apply the rule, just as we do if the chilul
shabbos was beshogeg, and thus the arsonist isn't really executed, but
still doesn't have to pay.  See Rambam Hil' Geneva, beginning of ch 3.
Also see Gemara Ketubot, bottom of 30a.


-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas