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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>
 # 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, Baba Metzia 61a-b points out that ribbit (lending with interest), [Onaat Mamon] (overcharging), and imbalanced weights are also forms of stealing. see Rashi there d"h Lama Li that these are also forms of causing financial loss to another person<ref>Halachos of Other People's Money pg. 19 note 13 </ref>
+# 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>
-# One who commits fraud, both seller to buyer and buyer to seller, violates a Torah prohibition. <ref> Kitzur Shulchan Aruch 62:1 </ref>
 ==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>
+# 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>
@@ Line 16: / Line 15: @@
 ==Possible Exceptions==
 ===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 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 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 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>
+# 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
 * 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>
@@ Line 26: / Line 25: @@
 ===Stealing for the Victim's Own Benefit===
 # 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. 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===
 # One cannot take someone else's item to avoid a sickness or pain (not life threatening), even if he intends to repay in full.<ref> Halachos of Other People's Money pg. 24, Shulchan Aruch Harav Hilchot Gezela Seif 2 </ref> However, if the situation is life-threatening, one may steal but must pay back afterwards.<ref>Halachos of Other People's Money pg. 25, Shulchan Aruch CM 359:4 see also [http://www.jlaw.com/Articles/ch_stealsavelife.html Stealing To Save Someone's Life]</ref>
-# Chazal also permit using someone else's item to prevent a sudden loss. For instance, if one's bottle of whiskey suddenly cracked one may one use someone else's utensil to catch the whiskey before it all leaks out. This is only on the condition that he will pay the owner afterward if the owner lost money such as if one poured out soda or milk from the other person’s vessel to save the whiskey. <ref>Halachos of Other People's Money pg. 25, Rama CM 308:7, Sm"A 308:14 </ref>
+# Chazal also permit using someone else's item to prevent a sudden loss. For instance, if one's bottle of whiskey suddenly cracked one may one use someone else's utensil to catch the whiskey before it all leaks out. This is only on the condition that he will pay the owner afterward if the owner lost money such as if one poured out soda or milk from the other person’s vessel to save the whiskey.<ref>Halachos of Other People's Money pg. 25, Rama CM 308:7, Sm"A 308:14 </ref>
 ===Stealing from a Minor===
-# Stealing from a minor is considered stealing.<Ref>Halachos of Other People's Money pg. 25, Shulchan Aruch CM 348:2. see Halachos of Other People's Money pg. 25 note 41 that if the child only acquired the item in the first place on his own (without being given it by an adult) such as if he found an item on the street, then stealing from him is only a rabbinic prohibition </ref> For example, if a candyman was giving out lollipops to little children and one child aggressively took many lollipops at the expense of another child, the father cannot grab a lollipop from the aggressive kid and give it to his own son. However, this only applies if the person giving out lollipops did not care who gets and how many, and thus gave the lollipop for the aggressive child. However, if the candyman wanted everyone to get equally, then the child who took too many lollipops is a thief, and one can take a lollipop away from him. <ref> Halachos of Other People's Money pg. 25-26 note 42</ref>
+# Stealing from a minor is considered stealing.<Ref>Halachos of Other People's Money pg. 25, Shulchan Aruch CM 348:2. see Halachos of Other People's Money pg. 25 note 41 that if the child only acquired the item in the first place on his own (without being given it by an adult) such as if he found an item on the street, then stealing from him is only a rabbinic prohibition </ref> For example, if a candyman was giving out lollipops to little children and one child aggressively took many lollipops at the expense of another child, the father cannot grab a lollipop from the aggressive kid and give it to his own son. However, this only applies if the person giving out lollipops did not care who gets and how many, and thus gave the lollipop for the aggressive child. However, if the candyman wanted everyone to get equally, then the child who took too many lollipops is a thief, and one can take a lollipop away from him.<ref> Halachos of Other People's Money pg. 25-26 note 42</ref>
 ===Stealing from a Family Member or Close Friend===
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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></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>
-# 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====
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 ===Stealing from a Non-Jew===
-# 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>
+# 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.
-* 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.”
 * 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.
@@ Line 80: / Line 79: @@
 ## 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 buys life insurance and writes a lower weight than the true weight, or checks off non-smoker when he really does smoke. If he dies from something related to weight or smoking, he may certainly not accept payment. If he dies from something unrelated, one should seek a rabbinic authority. <ref> Halachos of Other People's Money pg. 48</ref>
+### Somebody buys life insurance and writes a lower weight than the true weight, or checks off non-smoker when he really does smoke. If he dies from something related to weight or smoking, he may certainly not accept payment. If he dies from something unrelated, one should seek a rabbinic authority.<ref> Halachos of Other People's Money pg. 48</ref>
 ### A physician may not bill a patient's insurance for procedures that were not performed.<ref> Halachos of Other People's Money pg. 48</ref>
 ### A patient may not have a doctor write a prescription in someone else's name so that their insurance will have cover.<ref> Halachos of Other People's Money pg. 49</ref>
@@ 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>
 # 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>
-# It is prohibited to avoid paying taxes in a democracy such as the United States.<ref> Shu"t Igrot Moshe CM 2:29, Shu"t Shevet Halevi 2:58, [https://www.torahweb.org/torah/special/2005/rsch_taxes.html Rav Hershel Schachter]. see there where Rav Schachter writes that taxes nowadays would not only be binding because of dina dimalchuta dina. Paying taxes is also your obligation to the partnership because taxes are used to provide services to the citizens (fire, police, military, garbage, mail etc). All the people of the city, state, country have to contribute to provide for that. Thus, one who withholds his taxes is not only taking from the government. He is taking from the other citizens, which inevitably includes other Jews. </ref>
-# According to some poskim, patronizing a Jewish merchant who cheats on his taxes violates the Biblical prohibition of lifnei iver.<ref> [https://www.jlaw.com/Commentary/payingtaxes.html Eli Clark] quoted from Rav Hershel Schachter </ref>
 ==Other Forms of Stealing==
 ===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, 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>
+# 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 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>
@@ Line 103: / Line 100: @@
 ====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====
@@ Line 132: / Line 129: @@
 # 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>
+==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==
-# 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>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==
@@ Line 149: / Line 184: @@
 ==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>

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