66. Robbery and Loss - Gezeilah va-Aveidah
It is forbidden to rob or to cheat (i.e., to retain
someone's property forcibly even if it was acquired
legally), as it says "You shall not cheat your
friend and you shall not rob".1 If one does so he must
return what he stole or (if it is no longer intact) pay
for it, as it says "And he shall return the thing that he
stole [or the thing that he cheated]".2 If the person who
was robbed dies the goods are returned to his heirs. It
is forbidden to buy from a robber; one who does so is
like one who buys from a thief.a
It is forbidden to covet someone's property, as it says
"You shall not desire...",3 and there is a special prohibition
against inducing him to give or sell it to you, as it says
"You shall not covet",3,4 for coveting leads to
robbery, as it says "And they coveted fields and stole".5,b
If someone owes a person real, movable property and
denies it and swears falsely and later confesses he
must pay the owner 5/4 of the principal and bring a ram guilt-offering,
as it says "If a person... lied to his friend
regarding a deposit... or robbery, or cheated his friend, or
found lost property and lied about it, and swore falsely...
he shall pay it and add a fifth to it... and bring his
guilt-offering to Ha-Shem...".6 If the owner was a
proselyte and dies leaving no heirs the payment is given to the
priests on duty, as it says "[They shall confess the sin
that they did and pay the guilt and add a fifth to it
and give it to the one against whom (they were) guilty;] and
if the man has no redeemer to whom the guilt can be
returned, the guilt [is] returned to Ha-Shem, to the
priest".7,c
We are forbidden to ignore lost property and we are
commanded to return it, as it says "[You shall not see
your brother's ox or sheep wandering and ignore them;]
you shall return them to your brother... you must not ignore".8
Similarly, we are commanded to prevent a loss to someone if
it is in our power to do so, as it says "[And thus shall you do] to
any loss of your brother's".8 If the owner is not known
one must advertise what was found and return it to
whoever can identify it or prove that it is his. But if it
is certain that the owner must have given up hope of
recovering it, the finder may keep it.d
Sources: |
| 1. Lev. 19:13 |
a. 1:1,4-5; 2:1; 5:1,7; 8:1 |
| 2. Lev. 5:23 |
b. 1:9-11 |
| 3. Deut. 5:18 |
c. 7:1-2,8,14; 8:5-6. On the "fifth" see Shavuos, Note c. |
| 4. Ex. 20:17 |
d. 11:1,20; 13:1,3; 14:1-4 |
| 5. Micah 2:2 |
|
| 6. Lev. 5:2lff |
|
| 7. Num. 5:6-8 |
|
| 8. Deut. 22:1-3 |
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