Being Careful With Other People's Money

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

1. גניבה - geneva is to take something from someone else's possession without their knowledge.
2. גזילה - gezela is grabbing something from someone else's possession by force, in plain sight
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. One who commits fraud, both seller to buyer and buyer to seller, violates a Torah prohibition.

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.

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. However, if nobody would object to taking such an item it is not considering stealing. Nonetheless, it is preferable not to take such an item without permission.

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. 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."

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. 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.
2. One may not take something from another person in order to do them a favor and replace it with a better one. 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.
3. If one takes from his friend to teach him a lesson or help him correct a bad trait, that is considered stealing. 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. 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

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. However, if the situation is life-threatening, one may steal but must pay back afterwards.
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.

Stealing from a Minor

1. Stealing from a minor is considered stealing. 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.

Stealing from a Family Member or Close Friend

1. Taking something from a family member or close friend without permission is considered stealing. 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 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.
2. A husband may not take from his wife's personal property without her consent.
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 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). If the woman says that she is authorized by her husband to give the donation, the money can be accepted.

Parent Taking from a Child

1. Since the possessions of a child who is supported by his parents are legally the property of his father, if a father or mother take their child's possession, it is not considered stealing.
2. On the other hand, if the child receives an inheritance, or is given a gift by someone else on condition that the father has no ownership in it, then it becomes the property of the child exclusively. If a parent takes that, it would be considered stealing.
3. If a boy is above the age of 13, or a girl is above the age of 12, and he/she is not supported by their parents, then a gift given to the child is his own. According to some poskim, the gift belong to him even if he is supported by his parents.

Stealing from an Institution

1. The prohibition of stealing applies equally to property owned by an institution. For example. hungry students can not let themselves into the kitchen of the yeshiva to have a snack.

Stealing from a Partnership or Corporation

1. Stealing an item that has many owners, is forbidden even if the loss to each owner is miniscule. Even though halachically a corporation is considered a distinct entity, it is halachically considered the property of the individuals who own it and therefore stealing from a corporation is considered stealing.
2. Stealing from a publicly traded company is considered stealing. For example, one may not take a small wash towel from a hotel as a souvenir of his visit

Stealing from a Non-Jew

1. It is absolutely forbidden to steal from a non-Jew. This is true whether it is an individual or a corporation.
2. For example, one may not take supplies from work, even if his employer is a non-Jew.
3. According to some, this is even worse than stealing from a Jew as it causes a great chilul Hashem.

• Aruch Hashulchan 348:1 writes that although some poskim maintain that the Biblical prohibition against stealing from a Jew is limited to stealing more than the value of a perutah, stealing from a non-Jew is forbidden min ha-Torah even for an item valued less than a perutah.
• Kitzur Shulchan Aruch 182:1 relates a story from the Tanna d’Bei Eliyahu of a certain person who shorted a non-Jewish customer in the measure of dates that he sold him. Later, he used the money from that transaction to purchase oil. The flask broke and the oil was spilled, causing the one relating the incident to exclaim, “Blessed is G-d, Who does not let people get away with such things!” Leviticus 19:13 says, “Do not oppress your neighbor or steal from him.”
• Hilchot Bayit Neeman pg. 189 quotes from the Chida in the name of the Arizal that anybody who steals from a non-Jew, even an idol worshipper, that non-Jew will scream and litigate against the Jew when he dies.
• see The Prohibition of Stealing from a Non-Jew Gezel Akum by Rabbi Shay Schachter</ref>

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.

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 (genevat 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. 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.

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. However, one may mix two types of fruits even though one may be less preferable to his fellow as long as it is recognizable.