3,231
edits
Being Careful With Other People's Money: Difference between revisions
From Halachipedia
Being Careful With Other People's Money (view source)
Revision as of 02:05, 17 February 2019
, 17 February 2019no edit summary
No edit summary |
No edit summary |
||
| Line 113: | Line 113: | ||
===Borrowing Without Permission=== | ===Borrowing Without Permission=== | ||
====General==== | |||
# Using an item that belongs to someone else without his permission is considered stealing.<ref> Rambam Gezela Vaaveda 3:15, Shulchan Aruch CM 359:5, Rama CM 308:7, Halachos of Other People's Money pg. 53. see by Rabbi Dovid Grossman </ref> This is the case even if you have intention to return it to the exact place and in the same condition that you found it.<ref> Halachos of Other People's Money pg. 53-55</ref> There is a dispute if this is a Torah prohibition or rabbinic.<ref> see Halachos of Other People's Money pg. 53 note 128-ב </ref> | # Using an item that belongs to someone else without his permission is considered stealing.<ref> Rambam Gezela Vaaveda 3:15, Shulchan Aruch CM 359:5, Rama CM 308:7, Halachos of Other People's Money pg. 53. see by Rabbi Dovid Grossman </ref> This is the case even if you have intention to return it to the exact place and in the same condition that you found it.<ref> Halachos of Other People's Money pg. 53-55</ref> There is a dispute if this is a Torah prohibition or rabbinic.<ref> see Halachos of Other People's Money pg. 53 note 128-ב </ref> | ||
# Even using the item of a non-Jew or a minor without their permission is considered stealing.<ref>Halachos of Other People's Money pg. 55</ref> see above for lengthier discussion about stealing from non-Jews or from children. | # Even using the item of a non-Jew or a minor without their permission is considered stealing.<ref>Halachos of Other People's Money pg. 55</ref> see above for lengthier discussion about stealing from non-Jews or from children. | ||
| Line 122: | Line 123: | ||
# If a person parks in a spot, in a manner that the owner of the parking lot would not approve of, such as blocking the entrance or exit, it is considered an act of stealing.<ref>Halachos of Other People's Money pg. 58</ref> | # If a person parks in a spot, in a manner that the owner of the parking lot would not approve of, such as blocking the entrance or exit, it is considered an act of stealing.<ref>Halachos of Other People's Money pg. 58</ref> | ||
# It is prohibited to block a private driveway by parking or double parking in front of the driveway, but this is not considered stealing.<ref> Halachos of Other People's Money pg. 59</ref> If someone blocks your driveway, and you have tried to tell them not to park there and they continue to nevertheless, one is permitted to call the police to tow the car away.<ref>Halachos of Other People's Money pg. 59 note 142 in the name of Rav Elyashiv. regarding damaging a double-parked car, see [https://www.businesshalacha.com/en/newsletter/double-parked-damage Business Halacha Institute]</ref> | # It is prohibited to block a private driveway by parking or double parking in front of the driveway, but this is not considered stealing.<ref> Halachos of Other People's Money pg. 59</ref> If someone blocks your driveway, and you have tried to tell them not to park there and they continue to nevertheless, one is permitted to call the police to tow the car away.<ref>Halachos of Other People's Money pg. 59 note 142 in the name of Rav Elyashiv. regarding damaging a double-parked car, see [https://www.businesshalacha.com/en/newsletter/double-parked-damage Business Halacha Institute]</ref> | ||
====Possible Exceptions=== | |||
# It is not considered stealing to borrow an item that will surely not be damaged from use, that nobody objects when others borrow it. For example, since nobody minds when you use their hanger, sit on their chair, or wash your hands with their washing cup, it is not considered stealing to borrow it. <ref> S"A Harav Hilchot She'ela Seif 5 based on Ritva Baba Metzia 41a, Halachos of Other People's Money pg. 59. However, he writes that if the owner is around, one should still ask permission </ref>However, if a significant minority would object, even if not the majority, it may not be used without permission.<ref> S"A Harav Hilchot She'ela Seif 5, Shu"t Igrot Moshe OC 5:20:5, Halachos of Other People's Money pg. 60 </ref> Certainly, if the owner is standing there and objects to your usage, it would be stealing to use it anyway.<ref>Halachos of Other People's Money pg. 60 note 145, Maharsham 227 </ref> Additionally, if the borrower is aware of some reason that the owner might object, he may not use it without his permission.<ref> Halachos of Other People's Money pg. 60</ref> | |||
# If it is clear that the owner does not object, one may borrow the item without permission. For example, if in the past one regularly borrows a particular item, it indicates that the owner does not object, the person may use that type of item without asking permission.<ref>Halachos of Other People's Money pg. 61 </ref> | |||
# If an item is being borrowed to perform a mitzva, we presume that the owner does not object if it doesn't cost him anything, as people are usually pleased to have others perform a mitzva with their possessions.<ref>Halachos of Other People's Money pg. 61 </ref> | |||
==Zeh Neheneh Zeh Lo Chaser== | ==Zeh Neheneh Zeh Lo Chaser== | ||
# 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 Chaser 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> | # 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 Chaser 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> | ||
