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Being Careful With Other People's Money: Difference between revisions
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==Statements of Chazal Regarding the Severity== | ==Statements of Chazal Regarding the Severity== | ||
# 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>Rashbam Baba Batra 165a, Chafetz Chaim in Sefat Tamim Perek 3, Halachos of Other People's Money pg. 13</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>Rashbam Baba Batra 165a, Chafetz Chaim in Sefat Tamim Perek 3, Halachos of Other People's Money pg. 13</ref> | ||
===Stealing Less than a Prutah=== | ===Stealing Less than a Prutah=== | ||
# Stealing is prohibited even if it is a minimal amount, less than a Prutah, which is a few cents.<Ref>Halachos of Other People's Money pg. 20, Shulchan Aruch CM 348:1, , [http://www.dailyhalacha.com/m/halacha.aspx?id=2041 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). </ref> However, if nobody would object to taking such an item it is not considering stealing.<ref>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</ref> Nonetheless, it is preferable not to take such an item without permission.<ref> Rama 359:1, Halachos of Other People's Money pg. 21, [http://www.dailyhalacha.com/m/halacha.aspx?id=2041 Rabbi Eli Mansour] </ref> | # Stealing is prohibited even if it is a minimal amount, less than a Prutah, which is a few cents.<Ref>Halachos of Other People's Money pg. 20, Shulchan Aruch CM 348:1, Kitzur Shulchan Aruch 182:1, [http://www.dailyhalacha.com/m/halacha.aspx?id=2041 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). </ref> However, if nobody would object to taking such an item it is not considering stealing.<ref>Shulchan Aruch CM 359:1, Kitzur S"A 182:1, 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</ref> Nonetheless, it is preferable not to take such an item without permission.<ref> Rama 359:1, Halachos of Other People's Money pg. 21, [http://www.dailyhalacha.com/m/halacha.aspx?id=2041 Rabbi Eli Mansour] </ref> | ||
===Stealing as a Joke=== | ===Stealing as a Joke=== | ||
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# A husband may not take from his wife's personal property without her consent.<ref> Halachos of Other People's Money pg. 28, Kitzur S"A 182:11 </ref> | # A husband may not take from his wife's personal property without her consent.<ref> Halachos of Other People's Money pg. 28, Kitzur S"A 182:11 </ref> | ||
# 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<ref>Halachos of Other People's Money pg. 28, [https://thehalachacenter.org/library/shaila/2011/02/16/a-woman-donating-tzedaka/ see A Woman Donating Tzedaka]</ref> 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). <ref>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)</ref> If the woman says that she is authorized by her husband to give the donation, the money can be accepted.<ref>Halachos of Other People's Money pg. 28-29, Pitchei Teshuva YD 248:3 in the name of the Noda Biyehuda</ref> | # 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<ref>Halachos of Other People's Money pg. 28, [https://thehalachacenter.org/library/shaila/2011/02/16/a-woman-donating-tzedaka/ see A Woman Donating Tzedaka]</ref> 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). <ref>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)</ref> If the woman says that she is authorized by her husband to give the donation, the money can be accepted.<ref>Halachos of Other People's Money pg. 28-29, Pitchei Teshuva YD 248:3 in the name of the Noda Biyehuda</ref> | ||
====Parent Taking from a Child==== | |||
# 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.<ref>Halachos of Other People's Money pg. 29. see there not "g" where he explains as follows<br> | |||
* If a parent buys something for the child, the parents retain ownership of that item (Rabbi Akiva Eiger 270:2) | |||
* If relatives or friends give the child a gift, the father becomes the owner, to use at his discretion, for the benefit of the child (Rama 270:2 and Sma 270:8) | |||
* If he finds a lost object, the father becomes the owner. (Shulchan Aruch 270:2) | |||
* If the child earns wages or profits, some poskim hold that it belongs to his parents (Rama 270:2. see however Machane Ephraim Hilchot Zechiya Siman 3 who quotes those who disagree) </ref> | |||
# 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.<Ref> Halachos of Other People's Money pg. 29. A child inherits based on the Mishna Nidda 43b, as codified in Shulchan Aruch 276:5. Knesset Hagedola 270:3 writes that if somebody gives the child a gift on condition that the parents have no share in it, that is effective and the property becomes the child's own </ref> | |||
# 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.<ref>Halachos of Other People's Money pg. 29 note h </ref> According to some poskim, the gift belong to him even if he is supported by his parents.<ref>Halachos of Other People's Money pg. 30 note 59 quotes poskim on both sides. Tosafot and the Rosh hold that the property belongs to the parents, but the Raavad and Ritva hold that they are the child's</ref> | |||
===Stealing from an Institution=== | |||
# The prohibition of stealing applies equally to property owned by an institution.<ref>Halachos of Other People's Money pg. 30, Shu"t Shevet Halevi 6:163, Hizaharu Bimamon Chaverchem pg. 142 in the name of Rav Yechezkel Levenstein</ref> For example. hungry students can not let themselves into the kitchen of the yeshiva to have a snack.<ref>Halachos of Other People's Money pg. 30. see there note 61 where Rav Zalman Nechemia Goldberg explains that the donors to the yeshiva give the money to the administration, and thus if the administration would not approve of this eating, it is certainly prohibited.</ref> | |||
====Stealing from a Partnership or Corporation==== | |||
# Stealing an item that has many owners, is forbidden even if the loss to each owner is miniscule.<ref>Halachos of Other People's Money pg. 31</ref> 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.<ref> Halachos of Other People's Money pg. 31</ref> | |||
# 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<ref>Halachos of Other People's Money pg. 31 note J. He writes that although there are important halachic ramifications if the shareholders who wield influence are all not Jewish in terms of Chametz, Ribbit (interest), and operating on Shabbat and Yom Tov, there are no practical ramifications in regard to theft, as in either case it is prohibited to steal. see also [https://torah.org/torah-portion/weekly-halacha-5772-pinchas/ Rabbi Doniel Neustadt]see below [[#Stealing_from_a_Non-Jew|Stealing from a Non-Jew]]</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 Choshen Mishpat 348:2 and 359:1, Kitzur Shulchan Aruch 182:1, , [http://www.dailyhalacha.com/m/halacha.aspx?id=2041 Rabbi Eli Mansour]. | # It is absolutely forbidden to steal from a non-Jew. <ref> Rambam Hilchot Gezeila 1:2, Rosh and Rif (quoted in Beit Yosef 359) Shulchan Aruch Choshen Mishpat 348:2 and 359:1, Kitzur Shulchan Aruch 182:1, [https://torah.org/torah-portion/weekly-halacha-5772-pinchas/ Rabbi Doniel Neustadt], [http://www.dailyhalacha.com/m/halacha.aspx?id=2041 Rabbi Eli Mansour], Halachos of Other People's Money pg. 32. <br> | ||
* The Shach 348:2 writes that the implication of Shulchan Aruch is that this is biblically forbidden, as the Tur and Smag write. The Gra, Radvaz 4:205, Rabbi Akiva Eiger, Netivot Hamishpat 348, Beit Shmuel EH 28:5, Chelkat Mechokek EH 28:3, Shulchan Aruch Harav Gezela 1 and 23, all agree that it is biblically forbidden to steal from a non-Jew. </ref> This is true whether it is an individual or a corporation.<ref>Halachos of Other People's Money pg. 32, [https://torah.org/torah-portion/weekly-halacha-5772-pinchas/ Rabbi Doniel Neustadt] </ref> | |||
# For example, one may not take supplies from work, even if his employer is a non-Jew.<ref>Halachos of Other People's Money pg. 33. </ref> | |||
# According to some, this is even worse than stealing from a Jew as it causes a great chilul Hashem.<ref> Halachos of Other People's Money pg. 33, Tosefta Baba Kama 10:8 </ref> | |||
* 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 [https://www.yutorah.org/lectures/lecture.cfm/886659/rabbi-shay-schachter/the-prohibition-of-stealing-from-a-non-jew-gezel-akum/ The Prohibition of Stealing from a Non-Jew Gezel Akum by Rabbi Shay Schachter]</ref> | |||
==Borrowing Without Permission== | ==Borrowing Without Permission== | ||
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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> | ||
==Zeh Neheneh Zeh Lo Chasar== | ==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. | # 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. Nodah 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== | ||
<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 ( | <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 (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. </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.<br> | <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.<br> | ||
[https://www.yutorah.org/lectures/lecture.cfm/740894/rabbi-aryeh-lebowitz/ten-minute-halacha-gezel-sheina-stealing-sleep/ Ten Minute Halacha - Gezel Sheina Stealing Sleep by Rabbi Aryeh Lebowitz] </p> | [https://www.yutorah.org/lectures/lecture.cfm/740894/rabbi-aryeh-lebowitz/ten-minute-halacha-gezel-sheina-stealing-sleep/ Ten Minute Halacha - Gezel Sheina Stealing Sleep by Rabbi Aryeh Lebowitz] </p> | ||
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==Benefiting from Stolen Goods== | ==Benefiting from Stolen Goods== | ||
# It is forbidden to buy something that a thief stole, whether the thief is Jewish or non-Jewish.<ref>Kitzur Shulchan Aruch 182:8 </ref> | # It is forbidden to buy something that a thief stole, whether the thief is Jewish or non-Jewish.<ref>Kitzur Shulchan Aruch 182:8 </ref> | ||
==Laws for a Store Owner== | ==Laws for a Store Owner== | ||
# One may not mix good and bad fruit together in order to sell the bad fruit at the price of the good fruit. <ref> Kitzur Shulchan Aruch 62:5 </ref> However, one may mix two types of fruits even though one may be less preferable to his fellow as long as it is recognizable. <ref> | # One may not mix good and bad fruit together in order to sell the bad fruit at the price of the good fruit. <ref> Kitzur Shulchan Aruch 62:5 </ref> However, one may mix two types of fruits even though one may be less preferable to his fellow as long as it is recognizable. <ref> Ben Ish Chai Ki Tetze, 11 </ref> | ||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Between Man And His Fellow]] | [[Category:Between Man And His Fellow]] | ||
