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Being Careful With Other People's Money: Difference between revisions
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===Stealing as a Joke=== | ===Stealing as a Joke=== | ||
# 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. <ref>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 [https://www.yutorah.org/lectures/lecture.cfm/722487/rabbi-daniel-z-feldman/stealing-as-a-practical-joke/ Stealing as a practical joke by Rabbi Daniel Feldman] <br> | # 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. <ref>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 [https://www.yutorah.org/lectures/lecture.cfm/722487/rabbi-daniel-z-feldman/stealing-as-a-practical-joke/ Stealing as a practical joke by Rabbi Daniel Feldman] and [https://www.yutorah.org/lectures/lecture.cfm/790102/rabbi-michael-taubes/parshas-mispatim-stealing-as-a-joke-or-to-teach-a-lesson/ Stealing as a joke or to teach a lesson] by Rabbi Michael Taubes <br> | ||
* 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 | * 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</ref> 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." <Ref> 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<br> | * 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</ref> 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." <Ref> 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<br> | ||
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# Even if one takes something from another for the purpose of benefiting his friend, it is prohibited.<ref>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</ref> 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.<ref>Halachos of Other People's Money pg. 22-23 note 28, Pitchei Choshen Geneva 1: note 16 </ref> | # Even if one takes something from another for the purpose of benefiting his friend, it is prohibited.<ref>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</ref> 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.<ref>Halachos of Other People's Money pg. 22-23 note 28, Pitchei Choshen Geneva 1: note 16 </ref> | ||
# One may not take something from another person in order to do them a favor and replace it with a better one. <ref>Halachos of Other People's Money pg. 23, Shulchan Aruch CM 359:2 </ref>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.<ref> 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. </ref> | # One may not take something from another person in order to do them a favor and replace it with a better one. <ref>Halachos of Other People's Money pg. 23, Shulchan Aruch CM 359:2 </ref>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.<ref> 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. </ref> | ||
# If one takes from his friend to teach him a lesson or help him correct a bad trait, that is considered stealing.<ref>Halachos of Other People's Money pg. 23</ref> 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.<ref>Halachos of Other People's Money pg. 24, Pitchei Choshen Hilchot Geneava 1: note 17. see shiur by [https://www.yutorah.org/lectures/lecture.cfm/773261/rabbi-aryeh-lebowitz/ten-minute-halacha-teachers-confiscating-students-possessions/ Rabbi Aryeh Lebowitz], article by [https://torah.org/learning/business-halacha-5757-vol1no05/ Rabbi Aron Tendler], and article on [https://www.chabad.org/library/article_cdo/aid/3177778/jewish/Is-My-Teacher-Responsible-for-My-Confiscated-Smartphone.htm Chabad.org] for extended discussions</ref> 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<ref> Halachos of Other People's Money pg. 24 </ref> | # If one takes from his friend to teach him a lesson or help him correct a bad trait, that is considered stealing.<ref>Halachos of Other People's Money pg. 23. see also [https://www.yutorah.org/lectures/lecture.cfm/790102/rabbi-michael-taubes/parshas-mispatim-stealing-as-a-joke-or-to-teach-a-lesson/ Stealing as a joke or to teach a lesson] by Rabbi Michael Taubes </ref> 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.<ref>Halachos of Other People's Money pg. 24, Pitchei Choshen Hilchot Geneava 1: note 17. see shiur by [https://www.yutorah.org/lectures/lecture.cfm/773261/rabbi-aryeh-lebowitz/ten-minute-halacha-teachers-confiscating-students-possessions/ Rabbi Aryeh Lebowitz], article by [https://torah.org/learning/business-halacha-5757-vol1no05/ Rabbi Aron Tendler], and article on [https://www.chabad.org/library/article_cdo/aid/3177778/jewish/Is-My-Teacher-Responsible-for-My-Confiscated-Smartphone.htm Chabad.org] for extended discussions</ref> 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<ref> Halachos of Other People's Money pg. 24 </ref> | ||
===Stealing for an Emergency=== | ===Stealing for an Emergency=== | ||
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==Other Forms of Stealing== | ==Other Forms of Stealing== | ||
===Stealing by Refusing to Pay=== | ===Stealing by Refusing to Pay=== | ||
# Refusing to pay a debt of any form that is owed, is a Torah prohibition of לא תעשוק את רעך<ref> Vayikra 19:13, Sefer Hachinuch Mitzva 258, Shulchan Aruch 359:8, Shulchan Aruch Harav Gezela 4, Halachos of Other People's Money pg. 36. Shulchan Aruch 359:8 writes that the prohibition of Oshek refers to when somebody gives you money willingly, and when it is time to give it back, you refuse to </ref> For example, if you purchase something worth $76.25 and only pay $75 without the owner agreeing to this reduction, that is a violation of Oshek. <ref>Halachos of Other People's Money pg. 37</ref> This prohibition only applies if you have the means to pay it back; if you cannot pay back, this is not considered Oshek.<ref>Halachos of Other People's Money pg. 37, Aruch Hashulchan 359:7 </ref> | # Refusing to pay a debt of any form that is owed, is a Torah prohibition of לא תעשוק את רעך. <ref> Vayikra 19:13, Sefer Hachinuch Mitzva 258, Smag Mitzva 156, Shulchan Aruch 359:8, Shulchan Aruch Harav Gezela 4, Halachos of Other People's Money pg. 36. Shulchan Aruch 359:8 writes that the prohibition of Oshek refers to when somebody gives you money willingly, and when it is time to give it back, you refuse to </ref> For example, if you purchase something worth $76.25 and only pay $75 without the owner agreeing to this reduction, that is a violation of Oshek. <ref>Halachos of Other People's Money pg. 37</ref> This prohibition only applies if you have the means to pay it back; if you cannot pay back, this is not considered Oshek.<ref>Halachos of Other People's Money pg. 37, Aruch Hashulchan 359:7 </ref> | ||
# It is prohibited to withhold even small amounts of money.<ref> Halachos of Other People's Money pg. 37 </ref> | # It is prohibited to withhold even small amounts of money.<ref> Halachos of Other People's Money pg. 37 </ref> | ||
# It does not make a difference if one refuses to pay, or deceives the victim into believing that you don't owe him anything; in both cases you are in violation.<ref>Halachos of Other People's Money pg. 37</ref> Additionally, if one avoids paying until the victim becomes tired of chasing after the money, this is a violation of Oshek.<ref>Halachos of Other People's Money pg. 37</ref> | # It does not make a difference if one refuses to pay, or deceives the victim into believing that you don't owe him anything; in both cases you are in violation.<ref>Halachos of Other People's Money pg. 37</ref> Additionally, if one avoids paying until the victim becomes tired of chasing after the money, this is a violation of Oshek.<ref>Halachos of Other People's Money pg. 37</ref> | ||
====Refusing to Repay a Loan==== | ====Refusing to Repay a Loan==== | ||
# Denying money that you really do owe or justifying not repaying is a violation of Oshek.<ref>Shulchan Aruch CM 359:8, Halachos of Other People's Money pg. 38<br> | # Denying money that you really do owe or justifying not repaying is a violation of Oshek.<ref>Shulchan Aruch CM 359:8, Halachos of Other People's Money pg. 38<br> | ||
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====Refusing to Pay for Merchandise==== | ====Refusing to Pay for Merchandise==== | ||
# One who refuses to pay for something that he bought or to return something he took on consignment is in violation of this prohibition. For example, if a broker takes diamonds on credit to sell, and he uses the cash to pay for his own living expenses, but when the time came to pay for the diamonds he closed. Going out of business does not absolve him from paying for what he took, or to keep the diamonds and money still in his possession. Regarding bankruptcy of a corporation, a competent halachic authority should be consulted. <ref>Halachos of Other People's Money pg. 39. see [https://www.businesshalacha.com/en/article/bankruptcy-halacha Bankruptcy in Halacha] from the Business Halacha Institute, [https://www.jlaw.com/Articles/bank.html Bankruptcy: A Halakhic Perspective] by Rabbi Yitzchok Breitowitz, and [http://www.jlaw.com/Articles/bankruptcy.html Bankruptcy - A Viable Halachic Option?] by Steven H. Resnicoff</ref> | # One who refuses to pay for something that he bought or to return something he took on consignment is in violation of this prohibition. For example, if a broker takes diamonds on credit to sell, and he uses the cash to pay for his own living expenses, but when the time came to pay for the diamonds he closed. Going out of business does not absolve him from paying for what he took, or to keep the diamonds and money still in his possession. Regarding bankruptcy of a corporation, a competent halachic authority should be consulted. <ref>Halachos of Other People's Money pg. 39. see [https://www.businesshalacha.com/en/article/bankruptcy-halacha Bankruptcy in Halacha] from the Business Halacha Institute, [https://www.jlaw.com/Articles/bank.html Bankruptcy: A Halakhic Perspective] by Rabbi Yitzchok Breitowitz, and [http://www.jlaw.com/Articles/bankruptcy.html Bankruptcy - A Viable Halachic Option?] by Steven H. Resnicoff</ref> | ||
====Refusing to Pay Rent=== | |||
# Refusing to pay rent, either for some form of real estate or equipment is a violation of Oshek. This could also be a violation of Bal Talin<ref>Halachos of Other People's Money pg. 41 </ref> | |||
====Refusing to Return a Deposit==== | |||
# If one refuses to return money that was deposited with him for safekeeping or to hold in escrow, he is in violation of Oshek.<ref> Halachos of Other People's Money pg. 41, Smag Mitzva 156 </ref> Similarly, if you receive a deposit with the understanding that it will be refunded if the buyer changes his mind, and then you refuse to return it, you are guilty of oshek.<ref>Halachos of Other People's Money pg. 41 </ref> | |||
====Refusing to Pay Workers==== | ====Refusing to Pay Workers==== | ||
