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Borrowing without Permission: Difference between revisions
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#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>Shulchan Aruch CM 292:1, also see 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> | #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>Shulchan Aruch CM 292:1, also see 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> | ||
##If the item which you borrow without permission will not lose value when you use it, then you are not required to pay for the item until you actually proceed to use it; picking up the item is not enough to require you to pay the owner. However, if the item you borrow without permission will lose value when you use it, then your requirement to pay the owner for the use of the item is activated immediately upon lifting up the item.<ref>Shulchan Aruch CM 292:1</ref> | ##If the item which you borrow without permission will not lose value when you use it, then you are not required to pay for the item until you actually proceed to use it; picking up the item is not enough to require you to pay the owner. However, if the item you borrow without permission will lose value when you use it, then your requirement to pay the owner for the use of the item is activated immediately upon lifting up the item.<ref>Shulchan Aruch CM 292:1</ref> | ||
#Even using the item of a [[Being Careful With Other People's Money#Stealing from a Non-Jew|non-Jew]]<ref>The Mishnah Berurah 937:10 quotes the Magen Avraham A.C. 472:2 who writes that one should not build a Sukkah in a public space, as one must be certain that all the people who reside in public space would permit you to build your Sukkah there. The Magen Avraham assumes that the Jewish people of the area would be okay with it, but he assumes that the non-Jewish people would not be okay with you building your Sukkah in the public space, and thus he recommends not making the brachah on sitting in the Sukkah in such a situation. The implication is that borrowing the property from the non-Jew would be stealing.</ref> or a minor<ref>Shulchan Aruch C.M. 348:2. [The Shulchan Aruch writes that stealing from a minor is forbidden, and borrowing from a person without permission is stealing (see footnote 1).]</ref> without their permission is considered stealing. | #Even using the item of a [[Being Careful With Other People's Money#Stealing from a Non-Jew|non-Jew]]<ref>The Mishnah Berurah 937:10 quotes the Magen Avraham A.C. 472:2 who writes that one should not build a Sukkah in a public space, as one must be certain that all the people who reside in public space would permit you to build your Sukkah there. The Magen Avraham assumes that the Jewish people of the area would be okay with it, but he assumes that the non-Jewish people would not be okay with you building your Sukkah in the public space, and thus he recommends not making the brachah on sitting in the Sukkah in such a situation. The implication is that borrowing the property from the non-Jew would be stealing.</ref> or a [[Being Careful With Other People's Money#Stealing from a Minor|minor]]<ref>Shulchan Aruch C.M. 348:2. [The Shulchan Aruch writes that stealing from a minor is forbidden, and borrowing from a person without permission is stealing (see footnote 1).]</ref> without their permission is considered stealing. | ||
#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. 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> [[Being Careful With Other People's Money#Stealing from a Family Member or Close Friend|See Stealing from a Family Member or Close Friend]] for the Halachot of borrowing things from those whom you know will not mind even ''a priori''. | #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. 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> [[Being Careful With Other People's Money#Stealing from a Family Member or Close Friend|See Stealing from a Family Member or Close Friend]] for the Halachot of borrowing things from those whom you know will not mind even ''a priori''. | ||
#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 citing Rav Zalman Nechemya Goldberg and Rav Elyashiv, Rashbam Bava Batra 57b s.v. lkula, Pitchei Choshen ch. 7 fnt. 29. </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 citing Rav Zalman Nechemya Goldberg and Rav Elyashiv, Rashbam Bava Batra 57b s.v. lkula, Pitchei Choshen ch. 7 fnt. 29. </ref> | ||
