Being Careful With Other People's Money: Difference between revisions

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<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>
<p class="indent">Tosfot’s opinion is quoted by the Shulchan Aruch and accordingly it would be prohibited to take someone else’s property even if one assumes that they would be agreeable when he finds out. Even though the Shach (C.M. 358) disagrees, the poskim (Kitzur Shulchan Aruch 182:13, Aruch HaShulchan 358:8) follow the opinion of Tosfot. Nonetheless, Rabbi Bodner (Halachos Of Other People’s Money p. 26) quotes poskim who say that if a friend or relative have allowed you to take a particular item in the past with regularity it would permitted to take it without consent.</p>
<p class="indent">Tosfot’s opinion is quoted by the Shulchan Aruch and accordingly it would be prohibited to take someone else’s property even if one assumes that they would be agreeable when he finds out. Even though the Shach (C.M. 358) disagrees, the poskim (Kitzur Shulchan Aruch 182:13, Aruch HaShulchan 358:8) follow the opinion of Tosfot. Nonetheless, Rabbi Bodner (Halachos Of Other People’s Money p. 26) quotes poskim who say that if a friend or relative have allowed you to take a particular item in the past with regularity it would permitted to take it without consent.</p>
==Zeh Neheneh Zeh Lo Chasar==
# You have the right to prevent anyone from using your property even if you don’t lose if they were to use it. Zeh Neheneh Zeh Lo Chasar is only after the fact.<ref>Tofsot bava kama 20b, Tosfot bava batra 12b, Mordechai bava kama n. 16, Rama CM 363:6, Biur HaGra there, Pitchei Choshen Genevah 8:3. None of the sources quote someone who argues besides the Gra cites the Rosh and disagrees. Either way the Rosh is only potentially allowing it because he is watching the house and helping out but generally he agrees with Tosfot. Nodeh Beyehuda CM 24 applies the rule even if the property can’t be sold. Pitchei Choshen discusses that perhaps that’s a difference between Tosfot and Mordechai and the Rama followed the Mordechai.</ref>


==Stealing Sleep==
==Stealing Sleep==

Revision as of 18:43, 10 January 2019

One who steals something from another person, violates a Torah prohibition.[1] The Torah prohibits multiple forms of taking something that really belongs to another[2]:

  1. גניבה - geneva is to take something from someone else's possession without their knowledge.[3]
  2. גזילה - gezela is grabbing something from someone else's possession by force, in plain sight [4]
  3. עושק - oshek is to withhold somebody else' item from them with force, such as they gave you money and now are asking for it back and you refuse to give it.
  4. Additionally, Baba Metzia 61a-b points out that ribbit (lending with interest), [Onaat Mamon] (overcharging), and imbalanced weights are also forms of stealing. see Rashi there d"h Lama Li that these are also forms of causing financial loss to another person[5]
  5. One who commits fraud, both seller to buyer and buyer to seller, violates a Torah prohibition. [6]

Statements of Chazal Regarding the Severity

  1. Rav Yehudah in Bava Basra (165a) informs us that most people steal, a minority engage in illicit sexual activity, and everyone says Avak Loshon Hara. The Rishonim explain that the Gemara is not referring to outright stealing such as shoplifting but more subtle forms of stealing that afflict our interactions as buyers, employers, landlords, etc. A person who keeps stolen money is both subject to severe punishments for stealing and also sets himself up to one day become a victim. Thus, it is incumbent upon everyone to be aware of the Halachos of other people's money. [7]

Possible Exceptions

  1. Stealing equally applies to an institution such as a shul or Yeshiva. For instance, if Yeshiva guys are really hungry and want to break into the Yeshiva kitchen to have a snack, they would be stealing. The management of the intuition is empowered by the donors to decide how the institution’s assets are to be used. They are like treasurers of the Beis Hamikdash in this case and have the authority to decide how and when to give to others. [8]

Stealing Less than a Prutah

  1. Stealing is prohibited even if it is a minimal amount, less than a Prutah, which is a few cents.[9] However, if nobody would object to taking such an item it is not considering stealing.[10] Nonetheless, it is preferable not to take such an item without permission.[11]

Stealing as a Joke

  1. Stealing is prohibited even if one is taking a friend's possession as a practical joke or to annoy him, and even if he has every intention of returning the item after the joke has run its course. [12] For example, a bully grabs a can of soda from another child and when the child starts screaming, the bully says, "stop being a baby, I'm just joking." [13]

Stealing for the Victim's Own Benefit

  1. Even if one takes something from another for the purpose of benefiting his friend, it is prohibited.[14] However, it would be permissible to take money from someone who is sick and has lost his mind, so that you can manage it appropriately on their behalf and provide for their needs.[15]
  2. One may not take something from another person in order to do them a favor and replace it with a better one. [16]For example, if a kollel student has a beat-up hat and limited finances to replace it, one may not steal his hot to replace it with an expensive new one. Even though the intentions are noble, it is still considered stealing.[17]
  3. If one takes from his friend to teach him a lesson or help him correct a bad trait, that is considered stealing.[18] For example, if you were trying to teach someone to keep their bike locked up because it could get stolen, and you would steal it for a day to emphasize your point, that is considered stealing even though your intention was for his own benefit.[19] However, a rebbe or teacher is permitted to confiscate an item from a student to discipline the student or the class. Ideally the item should be returned at a later time, but if the teacher feels that the discipline will not be achieved without the item being destroyed, he may do so[20]

Stealing for an Emergency

  1. One cannot take someone else's item to avoid a sickness or pain (not life threatening), even if he intends to repay in full.[21] However, if the situation is life-threatening, one may steal but must pay back afterwards.[22]
  2. Chazal also permit using someone else's item to prevent a sudden loss. For instance, if one's bottle of whiskey suddenly cracked one may one use someone else's utensil to catch the whiskey before it all leaks out. This is only on the condition that he will pay the owner afterward if the owner lost money such as if one poured out soda or milk from the other person’s vessel to save the whiskey. [23]

Stealing from a Minor

  1. Stealing from a minor is considered stealing.[24] For example, if a candyman was giving out lollipops to little children and one child aggressively took many lollipops at the expense of another child, the father cannot grab a lollipop from the aggressive kid and give it to his own son. However, this only applies if the person giving out lollipops did not care who gets and how many, and thus gave the lollipop for the aggressive child. However, if the candyman wanted everyone to get equally, then the child who took too many lollipops is a thief, and one can take a lollipop away from him. [25]

Stealing from a Family Member or Close Friend

  1. Taking something from a family member or close friend without permission is considered stealing.[26] However, if one regularly took this item with permission, it is not considered stealing to now take it without permission, because it is as if the owner has pre-consented to give it to him[27] If he had no prior practice of taking such an item, it is considered stealing according to most poskim, even if he is sure that the relative or the friend will be happy to give it to him and in fact, the owner does consent.[28]
  2. A husband may not take from his wife's personal property without her consent.[29]
  3. Similarly, a wife may not take or give away her husband's assets without his consent. For example, she may not give an amount to charity that is more than her husband would approve[30] A fund-raiser soliciting money from a married woman may not accept a larger than normal donation (more than people of that financial status would commonly allow their wives to donate). [31] If the woman says that she is authorized by her husband to give the donation, the money can be accepted.[32]

Stealing from a Non-Jew

  1. It is absolutely forbidden to steal from a non-Jew. [33]

Borrowing Without Permission

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.

Tosfot’s opinion is quoted by the Shulchan Aruch and accordingly it would be prohibited to take someone else’s property even if one assumes that they would be agreeable when he finds out. Even though the Shach (C.M. 358) disagrees, the poskim (Kitzur Shulchan Aruch 182:13, Aruch HaShulchan 358:8) follow the opinion of Tosfot. Nonetheless, Rabbi Bodner (Halachos Of Other People’s Money p. 26) quotes poskim who say that if a friend or relative have allowed you to take a particular item in the past with regularity it would permitted to take it without consent.

Zeh Neheneh Zeh Lo Chasar

  1. You have the right to prevent anyone from using your property even if you don’t lose if they were to use it. Zeh Neheneh Zeh Lo Chasar is only after the fact.[34]

Stealing Sleep

In a number of teshuvot, Rav Menashe Klein in Mishneh Halachot (12:443-4, 14:199-200) discusses the question of whether waking someone up is really considered stealing. On the one hand, he tries to show that the prohibition of stealing even applies to non-tangible items that one wouldn’t have to return. For example, the Tosefta (Bava Kama 3:7) says that it is considered stealing to trick someone (genivat daat). Rav Klein explains that the root of stealing is causing someone anguish and doesn’t only apply to tangible items. Similarly, waking someone up causes that person discomfort and could be considered stealing.

On the other hand, he writes that the Mishna (B”B 20b) speaks of people having the legitimate right to complain that their neighbors make too much noise with their guests and prevent them from sleeping. The Meiri on that Mishna describes such an action as intangible damage and not stealing. Based on the Meiri, the Mishneh Halachot prefers to say that waking someone up is an issue of damage and not stealing.[35] Regarding a waking up someone who is sick and needs his sleep, certainly waking them up is forbidden just like damaging them physically. Lastly, Rav Klein writes that wasting someone’s time in it of itself is stealing because time is the most valuable thing a person has.
Ten Minute Halacha - Gezel Sheina Stealing Sleep by Rabbi Aryeh Lebowitz

Benefiting from Stolen Goods

  1. It is forbidden to buy something that a thief stole, whether the thief is Jewish or non-Jewish.[36]

Laws for a Store Owner

  1. One may not mix good and bad fruit together in order to sell the bad fruit at the price of the good fruit. [37] However, one may mix two types of fruits even though one may be less preferable to his fellow as long as it is recognizable. [38]

Sources

  1. ↑ Sefer Hachinuch Mitzva 259, Rambam Hilchot Gezeila 1:2, Shulchan Aruch Choshen Mishpat 348:2, Kitzur Shulchan Aruch 182:1.
  2. ↑ Halachos of Other People's Money pg. 19 points out that in Parashat Kedoshim, the Torah separately prohibits 3 different forms of stealing: geneva, gezel, and oshek. Sefer Hachinuch Mitzva 228 points out that these 3 prohibitions all effectively prohibit taking something from another person, but technically each one means something different
  3. ↑ Vayikra 19:11, Baba Kama 79b, Rambam at the beginning of Hilchot Geneva, Shulchan Aruch CM 348:2-3
  4. ↑ Vayikra 19:13, Baba Kama 79b, Rambam Hilchot Gezela 1:3, Shulchan Aruch CM 359:7.
  5. ↑ Halachos of Other People's Money pg. 19 note 13
  6. ↑ Kitzur Shulchan Aruch 62:1
  7. ↑ Rashbam Baba Batra 165a, Chafetz Chaim in Sefat Tamim Perek 3, Halachos of Other People's Money pg. 13
  8. ↑ אמרי יעקב סי' ז, בשם שו"ת שבט הלוי ו:קסג, רב זלמן נחמיה גולדברג, רב שכטר
  9. ↑ Halachos of Other People's Money pg. 20, Shulchan Aruch CM 348:1, , Rabbi Eli Mansour as although less than a pruta isn't technically considered money, the Torah prohibits even less than the prescribed amount (חצי שיעור אסור מן התורה).
  10. ↑ Shulchan Aruch CM 359:1, Halachos of Other People's Money pg. 20. see Halachos of Other People's Money pg. 20 note 20 that if there is something that a normal person wouldn't object to but this particular owner does object, it is clearly forbidden
  11. ↑ Rama 359:1, Halachos of Other People's Money pg. 21, Rabbi Eli Mansour
  12. ↑ Halachos of Other People's Money pg. 21 based on Gemara Bava Metzia 61b, Rambam Hilchot Geneva 1:2 and Sefer Hamitzvot Lav 244, Tur and S"A CM 348:1, S"A Harav Hilchot Gezela 3, Aruch Hashulchan 348, Rav Moshe Feinstein (Dibrot Moshe Bava Metzia 61b note 11. see also Stealing as a practical joke by Rabbi Daniel Feldman
    • The Rambam Hilchot Geneva 1:2 writes that stealing even as a joke and even with intent to return is forbidden so that one does not become accustomed to stealing. Tur and S"A 348:1 quote this Rambam. Lechem Mishne Geneva 1:1 writes that the language of the Rambam implies that this prohibition is only dirabanan. However, see Halachos of Other People's Money pg. 21 note 22 where he quotes several acharonim who argue including Minchat Chinuch Mitzva 244, Levush 348, Rav Moshe Feinstein (Dibrot Moshe Baba Metzia Siman 72: note 11 D"H Vihineh Harambam
    • Pitchei Teshuva 348:2 quotes from Shita Mikubetzet on Bava Metzia 61b who rules it is only forbidden to steal with intent to keep the item, but to steal temporarily is permitted, and so is done on a daily occurrence. see also Ketzot Hachoshen 348:1 who argues on this
  13. ↑ Halachos of Other People's Money pg. 22. The Bach points out that since the Bach CM 259 points out that since the gemara derived the prohibition of stealing as a joke only in the context of lo tignov, and not lo tigzol, the prohibition would not apply to grabbing by force. However, Halachos of Other People's Money pg. 22 note 24 points out that others argue and apply it to both gezela and geneva (see Levush 359:2, Dibrot Moshe Bava Metiza Siman 71 note 11
    Halachos of Other People's Money pg. 22 note 26 quotes in the name of Rav Avraham Pam (cited in Atara Lamelech pg. 117) that if an adult grabs something from the child and pretends not to have it, and hides it in one hand, and then when the child opens that hand, switches it to another hand, the adult is in violation of geneva. Additionally, someone who does that violates onaa, viahavta lire'acha kamocha, and vihalachta bidrachav
  14. ↑ Halachos of Other People's Money pg. 22. The Gemara Bava Metzia 61b brings the example of stealing so that you will be obligated to pay back double. Rashi there explains that your intention was to give him a gift but you know he wouldn't accept it, so you obligate yourself to it by stealing from him
  15. ↑ Halachos of Other People's Money pg. 22-23 note 28, Pitchei Choshen Geneva 1: note 16
  16. ↑ Halachos of Other People's Money pg. 23, Shulchan Aruch CM 359:2
  17. ↑ Halachos of Other People's Money pg. 23. He writes there that a permissible way to accomplish this would be to buy the new hat and ask a friend to accept it on behalf of the kollel student, in a case where the giver knows with certainty that the kollel student would trade the old hat for a new one.
  18. ↑ Halachos of Other People's Money pg. 23
  19. ↑ Halachos of Other People's Money pg. 24, Pitchei Choshen Hilchot Geneava 1: note 17. see shiur by Rabbi Aryeh Lebowitz, article by Rabbi Aron Tendler, and article on Chabad.org for extended discussions
  20. ↑ Halachos of Other People's Money pg. 24
  21. ↑ Halachos of Other People's Money pg. 24, Shulchan Aruch Harav Hilchot Gezela Seif 2
  22. ↑ Halachos of Other People's Money pg. 25, Shulchan Aruch CM 359:4 see also Stealing To Save Someone's Life
  23. ↑ Halachos of Other People's Money pg. 25, Rama CM 308:7, Sm"A 308:14
  24. ↑ Halachos of Other People's Money pg. 25, Shulchan Aruch CM 348:2. see Halachos of Other People's Money pg. 25 note 41 that if the child only acquired the item in the first place on his own (without being given it by an adult) such as if he found an item on the street, then stealing from him is only a rabbinic prohibition
  25. ↑ Halachos of Other People's Money pg. 25-26 note 42
  26. ↑ Halachos of Other People's Money pg. 26. see Shu"t Igrot Moshe CM 1:88:7 regarding receiving permission from parents to take something
  27. ↑ Halachos of Other People's Money pg. 26
  28. ↑ Halachos of Other People's Money pg. 27
  29. ↑ Halachos of Other People's Money pg. 28, Kitzur S"A 182:11
  30. ↑ Halachos of Other People's Money pg. 28, see A Woman Donating Tzedaka
  31. ↑ Halachos of Other People's Money pg. 28, Gemara Baba Kama 119a, Shulchan Aruch YD 248:4, Shu"t Igrot Moshe EH 1:103, Shu"t Shevet Halevi 5:132:7)
  32. ↑ Halachos of Other People's Money pg. 28-29, Pitchei Teshuva YD 248:3 in the name of the Noda Biyehuda
  33. ↑ Rambam Hilchot Gezeila 1:2, Shulchan Aruch Choshen Mishpat 348:2 and 359:1, Kitzur Shulchan Aruch 182:1, , Rabbi Eli Mansour. 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. see The Prohibition of Stealing from a Non-Jew Gezel Akum by Rabbi Shay Schachter
  34. ↑ Tofsot bava kama 20b, Tosfot bava batra 12b, Mordechai bava kama n. 16, Rama CM 363:6, Biur HaGra there, Pitchei Choshen Genevah 8:3. None of the sources quote someone who argues besides the Gra cites the Rosh and disagrees. Either way the Rosh is only potentially allowing it because he is watching the house and helping out but generally he agrees with Tosfot. Nodeh Beyehuda CM 24 applies the rule even if the property can’t be sold. Pitchei Choshen discusses that perhaps that’s a difference between Tosfot and Mordechai and the Rama followed the Mordechai.
  35. ↑ Shevet HaLevi 7:224 agrees
  36. ↑ Kitzur Shulchan Aruch 182:8
  37. ↑ Kitzur Shulchan Aruch 62:5
  38. ↑ BI"H, Ki Tetze, 11
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