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# גזילה - gezela is grabbing something from someone else's possession by force, in plain sight <ref> Vayikra 19:13, Baba Kama 79b, Rambam Hilchot Gezela 1:3, Shulchan Aruch CM 359:7.</ref> | # גזילה - gezela is grabbing something from someone else's possession by force, in plain sight <ref> Vayikra 19:13, Baba Kama 79b, Rambam Hilchot Gezela 1:3, Shulchan Aruch CM 359:7.</ref> | ||
# עושק - oshek is to withhold somebody else's item from them with force, such as they gave you money and now are asking for it back and you refuse to give it. | # עושק - oshek is to withhold somebody else's item from them with force, such as they gave you money and now are asking for it back and you refuse to give it. | ||
# Additionally, | # Additionally, [[Ribbit]] (lending with interest), [[Onaat Mamon]] (overcharging or cheating), and imbalanced weights are also forms of stealing as these are all forms of causing financial loss to another person.<ref>Baba Metzia 61a-b, Rashi s.v. Lama Li, Halachos of Other People's Money pg. 19 note 13 </ref> | ||
==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> | ||
===Things Chazal refer to as Stealing=== | |||
# If a person is greeted with shalom and does not return the greeting, it is as if he stole the shalom that he owes to the person who greeted him.<ref>Berachot 6b, Halachos of Other People's Money pg. 82 </ref> | |||
# Anyone who derives pleasure from this world without making a beracha, is guilty of stealing from Hashem.<Ref>Berachot 35b, Halachos of Other People's Money pg. 82</ref> | |||
# One who imparts a word of Torah that he heard from another without citing the source, is guilty of stealing.<ref>Halachos of Other People's Money pg. 82 based on Midrash Tanchuma Bamidbar Siman 22 </ref> | |||
==Possible Exceptions== | ==Possible Exceptions== | ||
===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, 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 | # 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 Shulchan Aruch CM 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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===Stealing from a Family Member or Close Friend=== | ===Stealing from a Family Member or Close Friend=== | ||
# Taking something from a family member or close friend without permission is considered stealing.<ref> Halachos of Other People's Money pg. 26. see Shu"t Igrot Moshe CM 1:88:7 regarding receiving permission from parents to take something</ref> 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<ref>Halachos of Other People's Money pg. 26</ref> 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.<ref> Halachos of Other People's Money pg. 27</ref> | # Taking something from a family member or close friend without permission is considered stealing.<ref> Halachos of Other People's Money pg. 26. see Shu"t Igrot Moshe CM 1:88:7 regarding receiving permission from parents to take something</ref> 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<ref>Halachos of Other People's Money pg. 26. <p class="indent">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. </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></ref> 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.<ref> Halachos of Other People's Money pg. 27</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> | # 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> | ||
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* 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> | * 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> | # 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 | # 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. | ||
* 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. | * 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.” | * 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 Ne'eman 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. | * Hilchot Bayit Ne'eman 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> | * 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> | ||
* see [https://the-eye.eu/public/concen.org/The%20Real%20Truth%20About%20The%20Talmud/The%20Real%20Truth%20About%20The%20Talmud.pdf The Real Truth about the Talmud] by Rabbi Gil Student who discusses this issue at great length | |||
====Using Deception to Steal Something from a non-Jew==== | ====Using Deception to Steal Something from a non-Jew==== | ||
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## If one purchases a phone which later becomes defective after the warranty expires. A friend who worked in an electronic store gives him a fake sales receipt, dated within the warranty. This is certainly prohibited.<ref> Halachos of Other People's Money pg. 47 in the name of Rav Zalman Nechemia Goldberg</ref> Similarly, if somebody borrows a friends AAA card for the free towing service although he himself is not a member, he is stealing the towing costs.<ref>Halachos of Other People's Money pg. 47</ref> | ## If one purchases a phone which later becomes defective after the warranty expires. A friend who worked in an electronic store gives him a fake sales receipt, dated within the warranty. This is certainly prohibited.<ref> Halachos of Other People's Money pg. 47 in the name of Rav Zalman Nechemia Goldberg</ref> Similarly, if somebody borrows a friends AAA card for the free towing service although he himself is not a member, he is stealing the towing costs.<ref>Halachos of Other People's Money pg. 47</ref> | ||
## An attorney tells a client that the work will take ten hours, so he will be for that long at a certain rate. The case was completed successfully in 2. The lawyer rationalizes that since the client had agreed to pay for ten, he may bill for ten. However, since he agreed to bill by the hour, he may only charge for the 2 hours.<ref>Halachos of Other People's Money pg. 49</ref> | ## An attorney tells a client that the work will take ten hours, so he will be for that long at a certain rate. The case was completed successfully in 2. The lawyer rationalizes that since the client had agreed to pay for ten, he may bill for ten. However, since he agreed to bill by the hour, he may only charge for the 2 hours.<ref>Halachos of Other People's Money pg. 49</ref> | ||
## Insurance Companies | ## Insurance Companies | ||
### Somebody purchasing car insurance, illegally states that his older brother is the primary driver, and then the younger brother submits a claim. He may not accept payment from the insurance company.<ref>Halachos of Other People's Money pg. 48</ref> | ### Somebody purchasing car insurance, illegally states that his older brother is the primary driver, and then the younger brother submits a claim. He may not accept payment from the insurance company.<ref>Halachos of Other People's Money pg. 48</ref> | ||
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# It is equally forbidden to steal from the government, such as a federal or state government body.<ref> Halachos of Other People's Money pg. 34</ref> | # It is equally forbidden to steal from the government, such as a federal or state government body.<ref> Halachos of Other People's Money pg. 34</ref> | ||
# One who receives government funding to provide lunch to students, cannot fraudulently add the name of a non-existing student to collect extra funds.<ref> Halachos of Other People's Money pg. 35, Shu"t Igrot Moshe CM 2:29</ref> | # One who receives government funding to provide lunch to students, cannot fraudulently add the name of a non-existing student to collect extra funds.<ref> Halachos of Other People's Money pg. 35, Shu"t Igrot Moshe CM 2:29</ref> | ||
==Other Forms of Stealing== | ==Other Forms of Stealing== | ||
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====Refusing to Pay Workers==== | ====Refusing to Pay Workers==== | ||
see [[Paying Workers on Time]] | see [[Paying Workers on Time]] | ||
===Keeping Money or Merchandise Sent in Error=== | |||
# If a merchant mistakenly gives you extra change you are obligated to give it back. By keeping it, one violates the mitzva of returning a lost item and stealing.<ref>Halachos of Other People's Money pg. 49</ref> | |||
# Regarding money received in error from an akum, see Halachos of Other People's Money pg. 50<ref>see there note 117</ref> Even in cases where keeping the money or item would not be a technical violation of stealing, if there is a possibility of cuasing a Chilul Hashem, one may certainly not keep it.<Ref>Tur and Rama 348:2, Halachos of Other People's Money pg. 50. see there where he relates that Rav Yaakov Kaminetsky zt"l recounted that when he was a Rabbi in Lithuania before World War II, he was asked a question by a resident of his community. The man had purchased stamps from the local post office, and had received more stamps than he had paid for. For such a poor man, the extra stamps were no trifle matter. Nonetheless, Rav Kaminetsky suspected that perhaps the postal clerk was testing the rabbi. This suspicion was confirmed a short time later when the clerk gave him too much change. The rabbi returned the extra money. Many years after the Nazis came and destroyed the community, the rabbi heard that this clerk had saved many Jews, testifying that he tested everybody to assess their honesty, and the only trustworthy people were the Jews!</ref> Even in a case where no chilul Hashem would result, if returning it would create a Kiddush Hashem, it would be a shame to pass up that opportunity.<ref>Halachos of Other People's Money pg. 51. Yerushalmi Bava Metzia 2:5 relates that Shimon ben Shetach once purchased a donkey. The original owner had neglected to check the saddlebag before he made the sale, and inadvertently left diamonds in the bag. When they discovered the treasure, Shimon ben Shetach’s students were exuberant, for now, they were certain, their teacher would be able to teach Torah without the constant financial worries that had been plaguing him. Shimon ben Shetach did not join in their excitement though. “Do you think I am a barbarian?” he exclaimed “I bought a donkey, not diamonds!” He promptly returned the diamonds. When the owner received them he cried out, “Blessed is the God of Shimon ben Shetach!”</ref> | |||
# If an akum sends you a check that doesn't belong to you at all, it is certainly prohibited to deposit the check.<ref>Halachos of Other People's Money pg. 50 note 117.</ref> | |||
===Chamas (Stealing but Paying for it)=== | |||
# Taking an item against the owner's will, but paying for it, is another form of stealing, referred to by Chazal as Chamas.<ref>Tur and Shulchan Aruch CM 359:9 based on Gemara Baba Kama 62a, Halachos of Other People's Money pg. 75.<br> | |||
* Tosafot Baba Kama 62a "Chamsan" point out that although one is not in violation of gezel on a torah level but only on a rabbinic level, he is still in violation of lo tachmod on a torah level. This is brought as halacha by the Sma 359:14, and Beit Shmuel EH 28:2</ref> | |||
===Borrowing without Permission=== | |||
see [[Borrowing without Permission]] | |||
===Using Employer's Equipment for Personal Needs=== | |||
# An employee is responsible to determine what would be acceptable to his particular employer, when it comes to using company equipment or the like.<ref> Halachos of Other People's Money pg. 82</ref> | |||
# Using your employer's equipment or resources for personal needs is stealing, unless the owner does not object to such use. Generally, employer's do not mind if an employee uses the company fax or copy machine to make one or two copies. However, employers do mind if the employees do this too frequently.<ref> Halachos of Other People's Money pg. 81. see [http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-17-Use-of-office-supplies.pdf Workplace Halacha: Use of Office Supplies]</ref> | |||
# Employers generally do not object if an employee needs to take an occasional, brief, personal phone call during business hours. They do however generally object if it become frequent or too lengthy.<Ref>Halachos of Other People's Money pg. 81-82. see [http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-19-Using-time-on-the-job.pdf Workplace Halacha: Using Time on the Job]</ref> | |||
== | ==Purchasing Stolen Merchandise== | ||
# It is prohibited to buy merchandise that is or appears to be stolen.<ref>Baba Kama 118b-119b, Rambam Geneva 5:1 and Gezela 5:1, Shulchan Aruch 356:1 (regarding geneva) and 369:1 (regarding gezela), Kitzur Shulchan Aruch 182:8, Aruch Hashulchan 358:1, Halachos of Other People's Money pg. 69, [http://www.dailyhalacha.com/m/halacha.aspx?id=1469 Rabbi Eli Mansour], [https://torah.org/learning/business-halacha-5757-vol1no33/ Rabbi Aron Tendler], [https://www.aish.com/ci/be/the_jewish_ethicist_stolen_merchandise.html Rabbi Dr. Asher Meir] </ref> | |||
# It is even prohibited to buy something that was stolen by a non-Jew from another non-Jew.<ref>Halachos of Other People's Money pg. 69-70 based on Shulchan Aruch Harav Gezela 23, Kitzur Shulchan Aruch 182:8</ref> | |||
==Zeh Neheneh Zeh Lo | ==Returning Stolen Property== | ||
# 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 | # There is a Torah commandment to return stolen property.<ref> Rambam Mitzva 194, Sefer Hachinuch Mitzva 130, Tur Siman 360, Kitzur Shulchan Aruch 182:6, based on Vayikra 5:23 - והשיב את הגזילה. see Halachos of Other People's Money pg. 84 for full discussion</ref> This also applies to paying for goods that were wrongfully taken, even though you are not actually returning the item itself.<ref>Halachos of Other People's Money pg. 84 based on the Chofetz Chaim (Commentary to Torah Kohanim Parshata 13: Halacha 1) </ref> | ||
# One is obligated to return an item that was stolen from a non-Jew, and there is no difference in this regard between Jews and non-Jews.<ref> Aruch Hashulchan 360:1. <br> | |||
Halachos of Other People's Money pg. 84 note 237 writes that the Rambam Hilchot Gezela 1:2 and Shulchan Aruch 348:2 imply that this obligation to return the item of a non-Jew is a Torah obligation. Additionally, although the Netivot Hamishpat 348 understood that the Rama EH 28 disagrees and think that this only applies to Jews, Rav Moshe Feinstein (CM 1:82) writes that he doesn't understand what the Netivot Hamishpat is talking about. </ref> | |||
# This includes returning good that were physically stolen, paying for something that was received and not paid for, repaying a defaulted loan, paying wages that were earned but not paid, returning something that is being held for others, and returning money or merchandise obtained through deception.<ref> Radvaz 2:610, Halachos of Other People's Money pg. 85-86 based on Vayikra 5:23 which lists each of these things separately - והשיב את הגזלה אשר גזל או את העשק אשר עשק או את הפקדון אשר הפקד אתו. Radvaz 2:610<br> | |||
Rav Moshe Feinstein (Shu"t Igrot Moshe CM 1:88) writes that something you attained through deception is like stealing and must be returned or paid for. </ref> | |||
# One should not wait for Yom Kippur to do teshuva for stealing. Rather, one should return it as soon as possible, as the obligation to give it back applies every minute<ref>Mishna Brura 606:2, Halachos of Other People's Money pg. 86 </ref> After giving it back, one complete his teshuva by acknowledging that he did the wrong thing and resolving not to do it again.<ref>Halachos of Other People's Money pg. 86 based on Rambam Hilchot Teshuva 1:1</ref> | |||
===If the Victim is Unaware=== | |||
# If the victim is unaware of the theft, one may return the money without telling the victim.<ref> Shulchan Aruch CM 355:1 </ref> For example, if he took supplies from work, he may anonymously restock the supply. Or if he cheated a customer by billing for items that were not shipped, he may add credits to the account without telling the customer.<Ref> Halachos of Other People's Money pg. 86</ref> Since he didn't cause any anguish to the victim, because the victim didn't know about it, he does not need to ask for forgiveness.<ref> Halachos of Other People's Money pg. 87 based on Igrot Moshe CM 1:88</ref> | |||
# If the victim knows that the item was stolen, but does not know who did it, one may return it without telling. However, in this case one needs to be granted forgiveness for the theft. Therefore, one may ask for forgiveness anonymously. However, it is best if he confesses and apologizes for his wrongdoing rather than hiding his identity.<ref>Halachos of Other People's Money pg. 87 based on Shulchan Aruch CM 355:1 and Igrot Moshe CM 1:88</ref> | |||
===Victim is Aware=== | |||
# If the victim knows about the theft and knows who took it, the thief must inform the victim that he is returning it, and he must request forgiveness.<ref> Halachos of Other People's Money pg. 88 based on Igrot Moshe CM 1:88</ref> | |||
===If the Thief Still has the Stolen Item=== | |||
# If the thief still hast the item that he stole in his possession, he must return that item.<ref>Shulchan Aruch CM 360:1 based on Vayikra 5:23 והשיב את הגזילה אשר גזל. Halachos of Other People's Money pg. 88. <br> | |||
Aruch Hashulchan 360:1 writes that if the victim is willing to accept compensation instead of the item, the thief may pay instead of returning the item. Halachos of Other People's Money pg. 88 agrees. </ref> If it was lost or stolen, or if it's no longer in its original form, he must pay its value to the victim.<ref> Shulchan Aruch CM 360:1, Halachos of Other People's Money pg. 88 </ref> The same laws applies for stealing from a non-Jew.<ref>Halachos of Other People's Money pg. 88. see Igrot Moshe CM 1:88 </ref> | |||
===Stole as a Minor=== | |||
# A person is not responsible for something he stole as a minor, meaning a man before the age of 13 and a woman before the age of 12. However, if the item is still in his possession when he becomes an adult, he must return it.<ref> Shulchan Aruch CM 349:3, Halachos of Other People's Money pg. 89. <br> | |||
see note 264 there for a discussion if it is proper for one to go the extra mile and pay for what he stole as a minor: | |||
Mishna Brura 343:9 says that ideally one should based on the Taz 343:2 and the Chayei Adam 66:5. On the other haIMoshe CM 1:88 disagrees </ref> | |||
===Stealing from a Parent=== | |||
# If one stole from a parent, he must repay them or ask them to explicitly absolve him of payment, and he may not assume that his parents automatically forgive him.<ref>Igrot Moshe CM 1:88, Halachos of Other People's Money pg. 88. </ref> | |||
===Does not Know who to Repay=== | |||
# If someone steals but does not know exactly who his victims are, he should donate money to a community need that would benefit all his victims.<ref>Halachos of Other People's Money pg. 90 based on Shulchan Aruch CM 366:2 from Gemara BK 94b. Rashi there D"h Borot explains that the reason to donate to community needs is that your victim will benefit from it. [https://www.businesshalacha.com/en/newsletter/public-return see Public Return] by Rabbi Meir Orlian<br> | |||
see Halachos of Other People's Money pg. 90 where he notes that the stealing isn't really rectified until each victim is rectified, therefore if he knows who he stole from, he should pay them back directly. This is based on Shulchan Aruch 231:19 that somebody who has dishonest measures cannot possibly do proper teshuva. The Sma 231:34 explains that since you cannot really know who you stole from or how much you took, you cannot do a proper teshuva </ref> He should determine how much he stole. If he cannot, he should estimate an amount that equals or exceeds how much he may have stolen.<ref>Halachos of Other People's Money pg. 90 based on Shu"t Igrot Moshe CM 1:88 </ref> For example, if most of his victims live in one community, he should donate to the local mikveh, hatzala, library etc. <ref>Halachos of Other People's Money pg. 91</ref> | |||
# The money should be given anonymously, so that he does not receive any recognition for his "donation."<ref>Shu"t Igrot Moshe CM 1:88, Halachos of Other People's Money pg. 91 </ref> | |||
# One who gives money to the public should pray that his victims benefit from his money to the full extent of what he owes them.<ref> Halachos of Other People's Money pg. 91 </ref> | |||
===Victim No Longer Living=== | |||
# If the victim of your theft is no longer living, you must make restitution to his heirs.<Ref>Shulchan Aruch 367:4, Halachos of Other People's Money pg. 91 </ref> | |||
===If the Thief is no Longer Living=== | |||
# If the thief is no longer alive and his heirs inherit the item, it is their obligation to return it. If the item is no longer in their possession, they must make restitution from money they inherited from the thief.<ref>Shulchan Aruch CM 361:7, Halachos of Other People's Money pg. 91.</ref> | |||
==Victim of Theft== | |||
# Someone who is a victim of theft can pardon the person who stole money from him by simply saying that he forgives him.<ref>Aruch Hashulchan 360:1, Halachos of Other People's Money pg. 92</ref> | |||
# If somebody owes you money, it is a mitzvah to gently tell him to repay the small debt.<ref>Halachos of Other People's Money pg. 93</ref> However, if he feels that the person will not constructively accept what he is being told, it is a kind thing to forgive him instead.<ref>Halachos of Other People's Money pg. 93 based on Rambam De'ot 6:9. see Shaar Hatziyun 606:8 who writes that one should forgive the person who wronged him even if it was intentional, and in turn Hashem will forgive you for the things you intentionally do wrong, as the Gemara in Rosh Hashana 17a writes that whoever forgoes the wrongs that are done to him, Hashem treats you accordingly. </ref> | |||
==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>Tosfot 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> | |||
==Cutting Ahead on a Line== | |||
# Cutting ahead on a line is tantamount to stealing.<Ref>Halachos of Other People's Money pg. 78 in the name of Rav Elyashiv. see note 219 where he cites a letter from Rav Chaim Kanievsky to the author on the severity of cutting a line. see also [https://www.torahanytime.com/#/lectures?a=54186 Rabbi Avraham Kohan]</ref> | |||
# The institution providing the service has the authority to serve any customer first.<ref>Halachos of Other People's Money pg. 79 in the name of Rav Zalman Nechemia Goldberg, Hizaharu Bimamon Chaverchem 6: pg. 154 in the name of Rav Elyashiv</ref> | |||
# One may hold a place in line for his friend, if he himself is not waiting on the line. One may not hold a place in line for himself, and one for his friend.<ref>Halachos of Other People's Money pg. 79</ref> | |||
==Stealing Sleep== | ==Stealing Sleep== | ||
# Some refer to a concept of gezel shaina, or stealing another person's sleep. This is somewhat of a misnomer, as this is more of an issue of causing damage, than actual stealing.<ref>Rav Zalman Nechemia Goldberg (Kovetz Beit Aharon Viyisrael Av 5762), Shevet Halevi 7:224, Mishne Halachot 12:443-444, and 14:199, Halachos of Other People's Money pg. 83. | |||
<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">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. | <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. Shevet HaLevi 7:224 agrees. <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> | Regarding 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> | ||
see [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></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> Ben Ish Chai Ki Tetze, 11 </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> | ||
===Weights or Measures=== | |||
# One who cheats a customer with dishonest weights or measures violates two Torah prohibitions: injustice with weights and measures (Vayikra 19:35 - לא תעשו עול במדה במשקל ובמשורה), in addition to the regular prohibition of stealing<ref>Tur CM 231:1, Halachos of Other People's Money pg. 76. see Tur there and Ben Ish Chai Year 1 Parashat Ki Tetze who elaborate on the severity of this prohibition. </ref> Additionally, he is in violation of the positive Torah commandment to use honest scales and measures (Vayikra 19:36 - מאזני צדק אבני צדק איפת צדק והין צדק יהיה לכם).<ref>Halachos of Other People's Money pg. 76 based on Rambam Gezela 8:1</ref> | |||
# One who has dishonest measures cannot possibly do a complete teshuva, because he cannot know who he stole from and who he cheated. He can do a partial teshuva by donating money to public needs.<ref> Shulchan Aruch CM 331:19, Sma 331:34</ref> | |||
# This prohibition applies to dealings with non-Jews as well.<ref>Rambam Geneva 7:8, Shulchan Aruch 231:1, Shulchan Aruch Harav Midot 2, Aruch Hashulchan 231:1, Halachos of Other People's Money pg. 77. see Pitchei Teshuva 231:1 if this applies on a Torah level or only on a rabbinic level<br> | |||
* Tanna Divei Eliyahu 15 (brought by Kitzur SA 182:1) tells the following story: I once sold to a gentile four korin [28 bushels] of dates and I measured it out evenly for him in a dark room. He said to me: G-d rules over the heavens and you know how much you measured for me. However, since I measured in a dark room I [accidentally] gave him three seahs [0.7 bushels] too little. After he paid me I purchased a jar of oil and placed it in the same place where I sold the dates to the gentile. The jar burst and the oil spilled out [as a divine punishment]. I said to him: My son, it says [Leviticus 19:13] "You shall not cheat your fellow and you shall not steal…" Your fellow is like your brother and your brother is like your fellow. You learn from here that it is forbidden to steal from a gentile because it is theft, and it need not be said that theft from your brother is forbidden.</ref> | |||
# This prohibition applies even to very small percentages.<ref>Sefer Hachinuch 258, Bach 231:7, Halachos of Other People's Money pg. 77<br> | |||
see Halachos of Other People's Money pg. 77-78 who points out that every scale is really permitted to have a very small margin of error, plus or minus. Thus if one's scale is within this legal tolerance, it is not a transgression of this prohibition. Nevertheless, the seller should, if possible, add a tiny amount above the amount due to the buyer to compensate for this. Note 217 writes that this is based on the Gemara Baba Batra 88b which learns from the pasuk אבן שלמה וצדק that you should take some from your own gains and give it to the buyer. This is brought as halacha by 231:14. Maharam Shik CM 30 writes that nowadays this doesn't seem to be the practice and suggests that the buyers forgive this slight amount. Still, he recommends that somebody who fears Hashem should add a small amount.</ref> | |||
==Related Pages== | |||
# [[Borrowing without Permission]] | |||
# [[Lo Tachmod]] | |||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category: | [[Category:Choshen Mishpat]] | ||
