16,374
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 00:08, 17 July 2019
, 17 July 2019→Stealing from the Government
| (15 intermediate revisions by 2 users not shown) | |||
| Line 4: | Line 4: | ||
# 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=== | ===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> | # 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> | # 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> | # 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> | ||
| Line 16: | Line 15: | ||
==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=== | ||
| Line 87: | Line 86: | ||
# 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== | ||
| Line 127: | Line 124: | ||
# 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> | # 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> | # 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</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== | ==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 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> | # 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> | ||
==Returning Stolen Property== | |||
# 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== | ==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> | # 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== | ||
