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===Stealing Less than a Prutah=== | ===Stealing Less than a Prutah=== | ||
# Stealing is prohibited even if it | # 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, , [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, 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=== | ||
# Stealing is prohibited even if one is taking a friend's possession as a practical joke or to annoy him, even if he has every intention of returning the item after the joke has run its course. <ref> | # 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] <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> | |||
Halachos of Other People's Money pg. 22 note 26 quotes in the name of Rav Avraham Pam (cited in Atara Lamelech pg. 117) that if an adult grabs something from the child and pretends not to have it, and hides it in one hand, and then when the child opens that hand, switches it to another hand, the adult is in violation of geneva. Additionally, someone who does that violates onaa, viahavta lire'acha kamocha, and vihalachta bidrachav </ref> | |||
===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> | |||
# 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</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 from a Non-Jew=== | ===Stealing from a Non-Jew=== | ||
# It is absolutely forbidden to steal from a non-Jew. <ref> Rambam Hilchot Gezeila 1:2, Shulchan Aruch Choshen Mishpat 348:2 and 359:1, Kitzur Shulchan Aruch 182:1. In fact, the Tosefta Bava Kamma 10:8 writes that it is worse to steal from a gentile than from a Jew because of desecration of G-d's name. 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> | # It is absolutely forbidden to steal from a non-Jew. <ref> Rambam Hilchot Gezeila 1:2, Shulchan Aruch Choshen Mishpat 348:2 and 359:1, Kitzur Shulchan Aruch 182:1, , [http://www.dailyhalacha.com/m/halacha.aspx?id=2041 Rabbi Eli Mansour]. In fact, the Tosefta Bava Kamma 10:8 writes that it is worse to steal from a gentile than from a Jew because of desecration of G-d's name. 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> | ||
==Borrowing Without Permission== | ==Borrowing Without Permission== | ||
