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Being Careful With Other People's Money: Difference between revisions
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<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> | ||
==Is waking someone up considering stealing?== | |||
<p class="indent">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. </p> | |||
<p class="indent">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.<ref>Shevet HaLevi 7:224 agrees</ref> 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. </p> | |||
==General Rules== | ==General Rules== | ||
# 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. <ref>רשב"ם ב"ב קסה., ח"ח שפת תמים פ"ג</ref> | # 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. <ref>רשב"ם ב"ב קסה., ח"ח שפת תמים פ"ג</ref> | ||
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# 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> | ||
# Even if one takes an item from his friend to benefit his friend it is prohibited. For instance, one cannot take an old garment from his friend with the intention of buying him a new one. One cannot also take away something from someone to teach him a lesson. The one exception to this rule is a teacher who is able to confiscate an item to discipline the class. While the teacher should return the item, if the teacher feels that discipline will only be achieved with the destruction of the item he may do so. <ref>ב"מ סא:,ש"ע שנט:ב,שאילתות נח שאילתא ד, רב זלמן נחמיה גולדברג מתיר ברבי משום דרשאי להכות את תלמידו</ref> | # Even if one takes an item from his friend to benefit his friend it is prohibited. For instance, one cannot take an old garment from his friend with the intention of buying him a new one. One cannot also take away something from someone to teach him a lesson. The one exception to this rule is a teacher who is able to confiscate an item to discipline the class. While the teacher should return the item, if the teacher feels that discipline will only be achieved with the destruction of the item he may do so. <ref>ב"מ סא:,ש"ע שנט:ב,שאילתות נח שאילתא ד, רב זלמן נחמיה גולדברג מתיר ברבי משום דרשאי להכות את תלמידו</ref> | ||
# One cannot even take someone else's item to avoid a sickness or pain even if he intends to repay in full. If the situation is life-threatening one may steal but must pay back afterwards. Chazal also permit using someone else's item to prevent a sudden lost. 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. <ref>שו"ע הרב גזילה סע' ב, שו"ע שנט:ד,שמח:ב</ref> | # One cannot even take someone else's item to avoid a sickness or pain even if he intends to repay in full. If the situation is life-threatening one may steal but must pay back afterwards. Chazal also permit using someone else's item to prevent a sudden lost. 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. <ref>שו"ע הרב גזילה סע' ב, שו"ע שנט:ד,שמח:ב</ref> | ||
# 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. This only applies if the person giving out lollipops did not care who gets and how many, and thus gave the lollypop 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 lollypop away from him. <ref>שו"ע שמח:ב, רמג:טו</ref> | # 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. This only applies if the person giving out lollipops did not care who gets and how many, and thus gave the lollypop 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 lollypop away from him. <ref>שו"ע שמח:ב, רמג:טו</ref> | ||
