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Being Careful With Other People's Money: Difference between revisions
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Being Careful With Other People's Money (view source)
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===Stealing from a Family Member or Close Friend=== | ===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> | # 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. <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></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> | # 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> | ||
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===Borrowing Without Permission=== | ===Borrowing Without Permission=== | ||
< | # Using an item that belongs to someone else without his permission is considered stealing.<ref> Rambam Gezela Vaaveda 3:15, Shulchan Aruch CM 359:5, Rama CM 308:7, Halachos of Other People's Money pg. 53. see by Rabbi Dovid Grossman </ref> This is the case even if you have intention to return it to the exact place and in the same condition that you found it.<ref> Halachos of Other People's Money pg. 53-55</ref> There is a dispute if this is a Torah prohibition or rabbinic.<ref> see Halachos of Other People's Money pg. 53 note 128-ב </ref> | ||
# Even using the item of a non-Jew or a minor without their permission is considered stealing.<ref>Halachos of Other People's Money pg. 55</ref> see above for lengthier discussion about stealing from non-Jews or from children. | |||
# According to many poskim, even if the owner subsequently consents and says he does not mind that the item was borrowed, since the borrower did not receive permission before he took the item, he is considered a thief. [[#Stealing_from_a_Family_Member_or_Close_Friend|see Stealing from a Family Member or Close Friend ]] for the Halacha if you know the person would consent. For example, if I would borrow my neighbor's rake that he left outside to rake my leaves without asking him, I would be considered a thief, even if when I inform the owner he does not mind.<ref> Halachos of Other People's Money pg. 56</ref> | |||
# This prohibition applies to land as well. For example if you would stand or walk through somebody else's property bearing a No Trespassing sign, or park in a private parking spot without the owner's permission, this would be considered stealing. Even if there is no sign, but common sense dictates that the owner would object, it may not be used without permission<ref> Halachos of Other People's Money pg. 56-57 and note 134 there. </ref> | |||
# Cutting across the lawn or backyard of another homeowner is considered stealing, as many would object to have someone do this because of the invasion of privacy or ruining the lawn.<ref> Pitchei Choshen 7: note 29, Halachos of Other People's Money pg. 57. see there note 137 where he writes that even if you will not cause any damage, it is still forbidden </ref> If he is certain the owner does not mind or sees that the owner has allowed the shortcut to become established on his property, then one may cut through.<ref>Halachos of Other People's Money pg. 57, Shulchan Aruch CM 377:1 </ref> | |||
====Parking==== | |||
# If a private parking lot has a sign restricting parking to customers or the like, it is prohibited for others to park there. If it is evident that the owner needs the lot for his customers it is prohibited to park there even without the sign.<ref> Halachos of Other People's Money pg. 58</ref> | |||
# If a person parks in a spot, in a manner that the owner of the parking lot would not approve of, such as blocking the entrance or exit, it is considered an act of stealing.<ref>Halachos of Other People's Money pg. 58</ref> | |||
# It is prohibited to block a private driveway by parking or double parking in front of the driveway, but this is not considered stealing.<ref> Halachos of Other People's Money pg. 59</ref> If someone blocks your driveway, and you have tried to tell them not to park there and they continue to nevertheless, one is permitted to call the police to tow the car away.<ref>Halachos of Other People's Money pg. 59 note 142 in the name of Rav Elyashiv. regarding damaging a double-parked car, see [https://www.businesshalacha.com/en/newsletter/double-parked-damage Business Halacha Institute]</ref> | |||
==Zeh Neheneh Zeh Lo | ==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 | # 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> | ||
==Stealing Sleep== | ==Stealing Sleep== | ||
