Responsibility and Respect for a Person’s Right to Their Property
What Does This Mean?
From the Preface of Rabbi Moshe Weiner to the section on the prohibition of theft, The Divine Code, Part VII:
The prohibition of theft and its laws are unique in that they touch upon almost every aspect of life, since people living in society are constantly interacting with one another—buying, selling, and exchanging. The essence of this command lies in recognizing and respecting the needs and the time of another person. Theft, in its various forms, leads society to decay, ultimately bringing it to the brink of destruction. This lesson is borne out by the decline that has marked the fate of many nations throughout history.
A unique idea that follows from this command is that a person must sincerely accept others just as he accepts himself, respecting them as well as their property. Such a perspective arises from the recognition that all people in the world are equally created by the One God, who created everything and provides for all His creations. Since each person receives from God his share according to his needs, there is no reason to desire or take what belongs to others.
Another aspect of this prohibition is honesty. A person must recognize that being honest and just is necessary not only for maintaining a functioning society, but also for his own benefit. Honesty means being truthful with oneself, acknowledging one’s true virtues, abilities, needs, and responsibilities.
No one knows the individual needs of each person better than the Creator of humanity, who has given us commandments and a path in life through which we can succeed and fully realize our potential. However, a person requires a vessel through which to receive such a path in life, to accept it, and to live accordingly. That vessel is honesty.
The prohibition of theft must be treated with great caution, for it contains many details. By nature, a person desires the property of others, and his evil inclination devises various justifications for why it should be permitted. The law helps a person focus on God and His truth, and to remain honest with himself. A person must make a special effort to study the law and understand all its details, so as not to transgress this prohibition even unintentionally. Moreover, one must carefully watch his actions, for it is easy to steal by mistake if one does not pay attention to one’s conduct.
Biblical Sources
The prohibition of theft is implied in the permission that the Almighty granted to Adam and Chavah (Eve) in Bereishit 2:16—to eat from all the trees in the garden. This implies that had such permission not been given, they would have been forbidden to eat from those trees, since they were not their property. This Noahide Commandment was explicitly mentioned by Abraham in Bereishit 21:25.
Certain Details and Principles
Adapted from the Table of Contents of the prohibition of theft, The Divine Code, Part VII:
- The prohibition of (covert) theft and (overt) robbery.
- The obligation to return stolen property and make restitution.
- The prohibition of assisting a thief or benefiting from stolen goods.
- Saving a life overrides the prohibition of theft, but what was taken must be repaid if possible; the stolen item should be returned.
- Theft through false measures; the prohibition of deception or misleading others.
- The prohibition of extortion and coercion in sales.
- Laws of lending, renting, and safeguarding entrusted property.
- The theft of real estate and encroachment upon it.
- The prohibition of kidnapping.
- Physical damage and harm to another’s property.
- Delaying repayment of a debt; withholding a worker’s wages.
- Laws concerning ownerless property.
- Gambling and other activities akin to theft.
Selected Laws Pertaining to Noahides Regarding the Prohibition of Theft, from The Divine Code, Part VII:
- In the Noahide Commandments, there is no distinction between (covert) theft and (overt) robbery.
- Extortion is defined as a situation in which a person forces a victim to sell him an item, even at its fair value. This is also prohibited.
- If an item taken is so small that it would not trouble anyone (for example, a splinter taken from a wooden fence), it is permitted. However, if many people are involved and each takes a little, the owner may object, and this is prohibited.
