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==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> | ||
==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 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 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> | ||
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# 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> | # 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> | # 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> | ||
==Borrowing Without Permission== | |||
==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, 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> | |||
====Refusing to Repay a Loan==== | |||
# Denying money that you really do owe or justifying not repaying is a violation of Oshek.<ref>Shulchan Aruch CM 359:8, Halachos of Other People's Money pg. 38<br> | |||
* see Mishna in Avot 2:9 where Chazal warn that one must stay far away from borrowing and not repaying. In fact, in his Sefer Ahavat Chesed (end of Part 2), the Chafetz Chaim writes very harshly about someone who borrows and does not repay. </ref> | |||
# There is a positive Torah commandment to repay a loan. If somebody has the money to repay but refuses to, he forfeits this mitzva.<ref> Gemara Ketubot 86a. Pitchei Teshuva CM 97:4 quotes from the Mabit 1:51 that Rashi holds that this is a Torah commandment. Halachos of Other People's Money pg. 38 </ref> Just as one wouldn't exempt himself from wearing tefillin, hearing shofar or sitting in a sukkah, he should not exempt himself from this important mitzva.<ref>Halachos of Other People's Money pg. 39, Ahavat Chessed end of Chelek 2</ref> | |||
# If you don't have the money, you are not guilty.<ref>Halachos of Other People's Money pg. 39. see there for specific guidelines on what qualifies as insufficient funds</ref> | |||
====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> | |||
====Refusing to Pay Workers==== | |||
see [[Paying Workers on Time]] | |||
===Borrowing Without Permission=== | |||
<p class="indent">The gemara records a story in which the sharecropper of Mari Bar Isak took fruit to some of Amoraim while Mari Bar Isak was away. Some of the Amoraim ate the fruits, while Rav Ashi did not. Rashi explains that Rav Ashi was concerned that the sharecropper was taking Mari Bar Isak’s fruit without permission and didn’t want to benefit from stolen goods. If so, what were the other Amoraim thinking? Tosfot (Bava Metsia 22a s.v. mar) explains that they assumed that the sharecropper was giving his own fruits. Then Tosfot adds that it would not have been a correct justification if the other Amoraim assumed that the sharecropper took Mari’s fruits, but once Mari would find out about it, he would be okay with it. Tosfot proves that an expression of intent isn’t effective for past events from the topic of yeush shelo medaat, assuming someone would relinquish ownership if an item is lost. </p> | <p class="indent">The gemara records a story in which the sharecropper of Mari Bar Isak took fruit to some of Amoraim while Mari Bar Isak was away. Some of the Amoraim ate the fruits, while Rav Ashi did not. Rashi explains that Rav Ashi was concerned that the sharecropper was taking Mari Bar Isak’s fruit without permission and didn’t want to benefit from stolen goods. If so, what were the other Amoraim thinking? Tosfot (Bava Metsia 22a s.v. mar) explains that they assumed that the sharecropper was giving his own fruits. Then Tosfot adds that it would not have been a correct justification if the other Amoraim assumed that the sharecropper took Mari’s fruits, but once Mari would find out about it, he would be okay with it. Tosfot proves that an expression of intent isn’t effective for past events from the topic of yeush shelo medaat, assuming someone would relinquish ownership if an item is lost. </p> | ||
<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> | <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> | ||
