Being Careful With Other People's Money

One who steals something from another person, violates a Torah prohibition. The Torah prohibits multiple forms of taking something that really belongs to another:

1. גניבה - geneva is to take something from someone else's possession without their knowledge.
2. גזילה - gezela is grabbing something from someone else's possession by force, in plain sight
3. עושק - oshek is to withhold somebody else's item from them with force, such as they gave you money and now are asking for it back and you refuse to give it.
4. Additionally, Ribbit (lending with interest), Onaat Mamon (overcharging or cheating), and imbalanced weights are also forms of stealing as these are all forms of causing financial loss to another person.

Statements of Chazal Regarding the Severity

1. 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.

Things Chazal refer to as Stealing

1. If a person is greeted with shalom and does not return the greeting, it is as if he stole the shalom that he owes to the person who greeted him.
2. Anyone who derives pleasure from this world without making a beracha, is guilty of stealing from Hashem.
3. One who imparts a word of Torah that he heard from another without citing the source, is guilty of stealing.

Possible Exceptions

Stealing Less than a Prutah

1. Stealing is prohibited even if it is a minimal amount, less than a Prutah, which is a few cents. However, if nobody would object to taking such an item it is not considering stealing. Nonetheless, it is preferable not to take such an item without permission.

Stealing as a Joke

1. Stealing is prohibited even if one is taking a friend's possession as a practical joke or to annoy him, and even if he has every intention of returning the item after the joke has run its course. For example, a bully grabs a can of soda from another child and when the child starts screaming, the bully says, "stop being a baby, I'm just joking."

Stealing for the Victim's Own Benefit

1. Even if one takes something from another for the purpose of benefiting his friend, it is prohibited. However, it would be permissible to take money from someone who is sick and has lost his mind, so that you can manage it appropriately on their behalf and provide for their needs.
2. One may not take something from another person in order to do them a favor and replace it with a better one. 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.
3. If one takes from his friend to teach him a lesson or help him correct a bad trait, that is considered stealing. 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.
4. 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.

Stealing for an Emergency

1. One cannot take someone else's item to avoid a sickness or pain (not life threatening), even if he intends to repay in full. However, if the situation is life-threatening, one may steal but must pay back afterwards.
2. 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.

Stealing from a Minor

1. Stealing from a minor is considered stealing. 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.

Stealing from a Family Member or Close Friend

1. Taking something from a family member or close friend without permission is considered stealing. 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 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.
2. A husband may not take from his wife's personal property without her consent.
3. 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 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). If the woman says that she is authorized by her husband to give the donation, the money can be accepted.

Parent Taking from a Child

1. Since the possessions of a child who is supported by his parents are legally the property of his father, if a father or mother take their child's possession, it is not considered stealing.
2. On the other hand, if the child receives an inheritance, or is given a gift by someone else on condition that the father has no ownership in it, then it becomes the property of the child exclusively. If a parent takes that, it would be considered stealing.
3. If a boy is above the age of 13, or a girl is above the age of 12, and he/she is not supported by their parents, then a gift given to the child is his own. According to some poskim, the gift belong to him even if he is supported by his parents.

Stealing from an Institution

1. The prohibition of stealing applies equally to property owned by an institution. For example. hungry students can not let themselves into the kitchen of the yeshiva to have a snack.

Stealing from a Partnership or Corporation

1. Stealing an item that has many owners, is forbidden even if the loss to each owner is miniscule. Even though halachically a corporation is considered a distinct entity, it is halachically considered the property of the individuals who own it and therefore stealing from a corporation is considered stealing.
2. Stealing from a publicly traded company is considered stealing. For example, one may not take a small wash towel from a hotel as a souvenir of his visit

Stealing from a Non-Jew

1. It is absolutely forbidden to steal from a non-Jew. This is true whether it is an individual or a corporation.
2. For example, one may not take supplies from work, even if his employer is a non-Jew.
3. According to some, this is even worse than stealing from a Jew as it causes a great chilul Hashem.

• see The Real Truth about the Talmud by Rabbi Gil Student who discusses this issue at great length

Using Deception to Steal Something from a non-Jew

1. Acquiring money or merchandise from a non-Jew by tricking him is strictly forbidden.
2. Examples:
   1. One may not lie about a child's age to receive a discounted admission price to an amusement park or the like.
   2. An sales executive may not add fictitious expenses to his employer's bill, even if he reasons that since he has outperformed the other salesmen, the employer would be happy to provide this. One should certainly clarify this issue with his employer before doing so.
   3. If one purchases a phone which later becomes defective after the warranty expires. A friend who worked in an electronic store gives him a fake sales receipt, dated within the warranty. This is certainly prohibited. Similarly, if somebody borrows a friends AAA card for the free towing service although he himself is not a member, he is stealing the towing costs.
   4. An attorney tells a client that the work will take ten hours, so he will be for that long at a certain rate. The case was completed successfully in 2. The lawyer rationalizes that since the client had agreed to pay for ten, he may bill for ten. However, since he agreed to bill by the hour, he may only charge for the 2 hours.
   5. Insurance Companies
      1. Somebody purchasing car insurance, illegally states that his older brother is the primary driver, and then the younger brother submits a claim. He may not accept payment from the insurance company.
      2. Somebody buys life insurance and writes a lower weight than the true weight, or checks off non-smoker when he really does smoke. If he dies from something related to weight or smoking, he may certainly not accept payment. If he dies from something unrelated, one should seek a rabbinic authority.
      3. A physician may not bill a patient's insurance for procedures that were not performed.
      4. A patient may not have a doctor write a prescription in someone else's name so that their insurance will have cover.

Stealing from the Government

1. It is equally forbidden to steal from the government, such as a federal or state government body.
2. One who receives government funding to provide lunch to students, cannot fraudulently add the name of a non-existing student to collect extra funds.

Other Forms of Stealing

Stealing by Refusing to Pay

1. Refusing to pay a debt of any form that is owed, is a Torah prohibition of לא תעשוק את רעך. 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. This prohibition only applies if you have the means to pay it back; if you cannot pay back, this is not considered Oshek.
2. It is prohibited to withhold even small amounts of money.
3. 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. Additionally, if one avoids paying until the victim becomes tired of chasing after the money, this is a violation of Oshek.

Refusing to Repay a Loan

1. Denying money that you really do owe or justifying not repaying is a violation of Oshek.
2. There is a positive Torah commandment to repay a loan. If somebody has the money to repay but refuses to, he forfeits this mitzva. 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.
3. If you don't have the money, you are not guilty.

Refusing to Pay for Merchandise

1. 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.

Refusing to Pay Rent

1. Refusing to pay rent, either for some form of real estate or equipment is a violation of Oshek. This could also be a violation of Bal Talin

Refusing to Return a Deposit

1. If one refuses to return money that was deposited with him for safekeeping or to hold in escrow, he is in violation of Oshek. Similarly, if you receive a deposit with the understanding that it will be refunded if the buyer changes his mind, and then you refuse to return it, you are guilty of oshek.

Refusing to Pay Workers

see Paying Workers on Time

Keeping Money or Merchandise Sent in Error

1. If a merchant mistakenly gives you extra change you are obligated to give it back. By keeping it, one violates the mitzva of returning a lost item and stealing.
2. Regarding money received in error from an akum, see Halachos of Other People's Money pg. 50 Even in cases where keeping the money or item would not be a technical violation of stealing, if there is a possibility of cuasing a Chilul Hashem, one may certainly not keep it. Even in a case where no chilul Hashem would result, if returning it would create a Kiddush Hashem, it would be a shame to pass up that opportunity.
3. If an akum sends you a check that doesn't belong to you at all, it is certainly prohibited to deposit the check.

Chamas (Stealing but Paying for it)

1. Taking an item against the owner's will, but paying for it, is another form of stealing, referred to by Chazal as Chamas.

Borrowing without Permission

see Borrowing without Permission

Using Employer's Equipment for Personal Needs

1. An employee is responsible to determine what would be acceptable to his particular employer, when it comes to using company equipment or the like.
2. Using your employer's equipment or resources for personal needs is stealing, unless the owner does not object to such use. Generally, employer's do not mind if an employee uses the company fax or copy machine to make one or two copies. However, employers do mind if the employees do this too frequently.
3. Employers generally do not object if an employee needs to take an occasional, brief, personal phone call during business hours. They do however generally object if it become frequent or too lengthy.

Purchasing Stolen Merchandise

1. It is prohibited to buy merchandise that is or appears to be stolen.
2. It is even prohibited to buy something that was stolen by a non-Jew from another non-Jew.

Returning Stolen Property

1. There is a Torah commandment to return stolen property. This also applies to paying for goods that were wrongfully taken, even though you are not actually returning the item itself.
2. One is obligated to return an item that was stolen from a non-Jew, and there is no difference in this regard between Jews and non-Jews.
3. This includes returning good that were physically stolen, paying for something that was received and not paid for, repaying a defaulted loan, paying wages that were earned but not paid, returning something that is being held for others, and returning money or merchandise obtained through deception.
4. One should not wait for Yom Kippur to do teshuva for stealing. Rather, one should return it as soon as possible, as the obligation to give it back applies every minute After giving it back, one complete his teshuva by acknowledging that he did the wrong thing and resolving not to do it again.

If the Victim is Unaware

1. If the victim is unaware of the theft, one may return the money without telling the victim. For example, if he took supplies from work, he may anonymously restock the supply. Or if he cheated a customer by billing for items that were not shipped, he may add credits to the account without telling the customer. Since he didn't cause any anguish to the victim, because the victim didn't know about it, he does not need to ask for forgiveness.
2. If the victim knows that the item was stolen, but does not know who did it, one may return it without telling. However, in this case one needs to be granted forgiveness for the theft. Therefore, one may ask for forgiveness anonymously. However, it is best if he confesses and apologizes for his wrongdoing rather than hiding his identity.

Victim is Aware

1. If the victim knows about the theft and knows who took it, the thief must inform the victim that he is returning it, and he must request forgiveness.

If the Thief Still has the Stolen Item

1. If the thief still hast the item that he stole in his possession, he must return that item. If it was lost or stolen, or if it's no longer in its original form, he must pay its value to the victim. The same laws applies for stealing from a non-Jew.

Stole as a Minor

1. A person is not responsible for something he stole as a minor, meaning a man before the age of 13 and a woman before the age of 12. However, if the item is still in his possession when he becomes an adult, he must return it.

Stealing from a Parent

1. If one stole from a parent, he must repay them or ask them to explicitly absolve him of payment, and he may not assume that his parents automatically forgive him.

Does not Know who to Repay

1. If someone steals but does not know exactly who his victims are, he should donate money to a community need that would benefit all his victims. He should determine how much he stole. If he cannot, he should estimate an amount that equals or exceeds how much he may have stolen. For example, if most of his victims live in one community, he should donate to the local mikveh, hatzala, library etc.
2. The money should be given anonymously, so that he does not receive any recognition for his "donation."
3. One who gives money to the public should pray that his victims benefit from his money to the full extent of what he owes them.

Victim No Longer Living

1. If the victim of your theft is no longer living, you must make restitution to his heirs.

If the Thief is no Longer Living

1. If the thief is no longer alive and his heirs inherit the item, it is their obligation to return it. If the item is no longer in their possession, they must make restitution from money they inherited from the thief.

Victim of Theft

1. Someone who is a victim of theft can pardon the person who stole money from him by simply saying that he forgives him.
2. If somebody owes you money, it is a mitzvah to gently tell him to repay the small debt. However, if he feels that the person will not constructively accept what he is being told, it is a kind thing to forgive him instead.

Zeh Neheneh Zeh Lo Chaser

1. 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.

Cutting Ahead on a Line

1. Cutting ahead on a line is tantamount to stealing.
2. The institution providing the service has the authority to serve any customer first.
3. One may hold a place in line for his friend, if he himself is not waiting on the line. One may not hold a place in line for himself, and one for his friend.

Stealing Sleep

1. Some refer to a concept of gezel shaina, or stealing another person's sleep. This is somewhat of a misnomer, as this is more of an issue of causing damage, than actual stealing.

Laws for a Store Owner

1. One may not mix good and bad fruit together in order to sell the bad fruit at the price of the good fruit. However, one may mix two types of fruits even though one may be less preferable to his fellow as long as it is recognizable.

Weights or Measures

1. One who cheats a customer with dishonest weights or measures violates two Torah prohibitions: injustice with weights and measures (Vayikra 19:35 - לא תעשו עול במדה במשקל ובמשורה), in addition to the regular prohibition of stealing Additionally, he is in violation of the positive Torah commandment to use honest scales and measures (Vayikra 19:36 - מאזני צדק אבני צדק איפת צדק והין צדק יהיה לכם).
2. One who has dishonest measures cannot possibly do a complete teshuva, because he cannot know who he stole from and who he cheated. He can do a partial teshuva by donating money to public needs.
3. This prohibition applies to dealings with non-Jews as well.
4. This prohibition applies even to very small percentages.

Related Pages

1. Borrowing without Permission
2. Lo Tachmod