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Being Careful With Other People's Money: Difference between revisions
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# 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:!</ref> | |||
==Zeh Neheneh Zeh Lo Chaser== | ==Zeh Neheneh Zeh Lo Chaser== | ||
