Anonymous

Being Careful With Other People's Money: Difference between revisions

From Halachipedia

Being Careful With Other People's Money (view source)

Revision as of 16:06, 6 January 2019

1,967 bytes added ,  6 January 2019
no edit summary
No edit summary
No edit summary
Line 11: Line 11:


==Possible Exceptions==
==Possible Exceptions==
# Even if one takes an item from his friend to benefit his friend it is prohibited. For instance, one cannot take an old garment from his friend with the intention of buying him a new one. One cannot also take away something from someone to teach him a lesson. The one exception to this rule is a teacher who is able to confiscate an item to discipline the class. While the teacher should return the item, if the teacher feels that discipline will only be achieved with the destruction of the item he may do so. <ref>ב"מ סא:,ש"ע שנט:ב,שאילתות נח שאילתא ד, רב זלמן נחמיה גולדברג מתיר ברבי משום דרשאי להכות את תלמידו</ref>
# One cannot even take someone else's item to avoid a sickness or pain even if he intends to repay in full. If the situation is life-threatening one may steal but must pay back afterwards. Chazal also permit using someone else's item to prevent a sudden lost. 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>שו"ע הרב גזילה סע' ב, שו"ע שנט:ד,שמח:ב</ref>
# 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. This only applies if the person giving out lollipops did not care who gets and how many, and thus gave the lollypop 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 lollypop away from him. <ref>שו"ע שמח:ב, רמג:טו</ref>
# Stealing equally applies to an institution such as a shul or Yeshiva. For instance, if Yeshiva guys are really hungry and want to break into the Yeshiva kitchen to have a snack, they would be stealing. The management of the intuition is empowered by the donors to decide how the institution’s assets are to be used. They are like treasurers of the Beis Hamikdash in this case and have the authority to decide how and when to give to others. <ref>אמרי יעקב סי' ז, בשם שו"ת שבט הלוי ו:קסג, רב זלמן נחמיה גולדברג, רב שכטר</ref>
# Stealing equally applies to an institution such as a shul or Yeshiva. For instance, if Yeshiva guys are really hungry and want to break into the Yeshiva kitchen to have a snack, they would be stealing. The management of the intuition is empowered by the donors to decide how the institution’s assets are to be used. They are like treasurers of the Beis Hamikdash in this case and have the authority to decide how and when to give to others. <ref>אמרי יעקב סי' ז, בשם שו"ת שבט הלוי ו:קסג, רב זלמן נחמיה גולדברג, רב שכטר</ref>


Line 29: Line 26:
# 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</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>
# 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 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>
===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 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>
# 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><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>


===Stealing from a Non-Jew===
===Stealing from a Non-Jew===
Retrieved from "http://localhost:80/index.php?title=Special:MobileDiff/22201"