16,374
edits
Being Careful With Other People's Money: Difference between revisions
From Halachipedia
Being Careful With Other People's Money (view source)
Revision as of 19:45, 19 August 2015
, 19 August 2015Text replacement - "Shulchan Aruch CM" to "Shulchan Aruch Choshen Mishpat"
(→Benefiting from stolen goods: I added a new sub section and two sourced halachot) Tags: Mobile edit Mobile web edit |
m (Text replacement - "Shulchan Aruch CM" to "Shulchan Aruch Choshen Mishpat") |
||
| Line 1: | Line 1: | ||
One who steals something from another person, violates a Torah prohibition.<ref> Sefer Hachinuch Mitzva 259, Rambam Hilchot Gezeila 1:2, Shulchan Aruch | One who steals something from another person, violates a Torah prohibition.<ref> Sefer Hachinuch Mitzva 259, Rambam Hilchot Gezeila 1:2, Shulchan Aruch Choshen Mishpat 348:2, Kitzur Shulchan Aruch 182:1 </ref> | ||
One who commits fraud, both seller to buyer and buyer to seller, violates a Torah prohibition. <ref> Kitzur S"A 62:1 </ref> | One who commits fraud, both seller to buyer and buyer to seller, violates a Torah prohibition. <ref> Kitzur S"A 62:1 </ref> | ||
| Line 15: | Line 15: | ||
# Stealing is prohibited even if one is taking a friend's possession as a practical joke or to annoy him, even if he has every intention of returning the item after the joke has run its course. <ref>ב"מ סא:ערה"ש שמח</ref> | # Stealing is prohibited even if one is taking a friend's possession as a practical joke or to annoy him, even if he has every intention of returning the item after the joke has run its course. <ref>ב"מ סא:ערה"ש שמח</ref> | ||
===Stealing from a Non-Jew=== | ===Stealing from a Non-Jew=== | ||
# It is absolutely forbidden to steal from a non-Jew. <ref> Rambam Hilchot Gezeila 1:2, Shulchan Aruch | # It is absolutely forbidden to steal from a non-Jew. <ref> Rambam Hilchot Gezeila 1:2, Shulchan Aruch Choshen Mishpat 348:2 and 359:1, Kitzur Shulchan Aruch 182:1. In fact, the Tosefta Bava Kamma 10:8 writes that it is worse to steal from a gentile than from a Jew because of desecration of G-d's name.</ref> | ||
==Borrowing Without Permission== | ==Borrowing Without Permission== | ||
<p class="indent">The gemara records a story in which the sharecropper of Mari Bar Isak took fruit to some of Amoraim while Mari Bar Isak was away. Some of the Amoraim ate the fruits, while Rav Ashi did not. Rashi explains that Rav Ashi was concerned that the sharecropper was taking Mari Bar Isak’s fruit without permission and didn’t want to benefit from stolen goods. If so, what were the other Amoraim thinking? Tosfot (Bava Metsia 22a s.v. mar) explains that they assumed that the sharecropper was giving his own fruits. Then Tosfot adds that it would not have been a correct justification if the other Amoraim assumed that the sharecropper took Mari’s fruits, but once Mari would find out about it, he would be okay with it. Tosfot proves that an expression of intent isn’t effective for past events from the topic of yeush shelo medaat, assuming someone would relinquish ownership if an item is lost. </p> | <p class="indent">The gemara records a story in which the sharecropper of Mari Bar Isak took fruit to some of Amoraim while Mari Bar Isak was away. Some of the Amoraim ate the fruits, while Rav Ashi did not. Rashi explains that Rav Ashi was concerned that the sharecropper was taking Mari Bar Isak’s fruit without permission and didn’t want to benefit from stolen goods. If so, what were the other Amoraim thinking? Tosfot (Bava Metsia 22a s.v. mar) explains that they assumed that the sharecropper was giving his own fruits. Then Tosfot adds that it would not have been a correct justification if the other Amoraim assumed that the sharecropper took Mari’s fruits, but once Mari would find out about it, he would be okay with it. Tosfot proves that an expression of intent isn’t effective for past events from the topic of yeush shelo medaat, assuming someone would relinquish ownership if an item is lost. </p> | ||
