65. Theft - Geneivah
It is forbidden to steal, as it says "You shall not
steal".1 A thief must pay double; and if he steals an
ox or sheep and sells it (or gives it away) or slaughters
it he pays for five oxen or four sheep [as it says "If a
man steals an ox or sheep and slaughters it or sells it
he shall pay five cattle in place of the ox and four
sheep in place of the sheep... if the theft is found in
his hands... he shall pay two"].2 If the theft is intact
he must return it; if not, he pays for it. Double payment
applies only to real, movable property that belongs to an
individual, as it says "For an ox, for an ass, for a sheep,
for a garment... he shall pay double to his friend".3,a
It is forbidden to buy stolen goods from a thief.
If one does so and the thief is caught the buyer must
return the goods to the owner (unless the owner had given
up hope), but the owner compensates him and collects from
the thief. If he bought from a known thief, however, he
must return the goods to the owner (or pay for them, if
the owner had given up hope) and collect from the thief.b
We are commanded to keep accurate scales, weights and
measures, as it says "You shall have just scales, just stones,
a just dry measure and a just liquid measure".4 It is forbidden
to keep inaccurate ones in our possession even if we do
not use them, as it says "There shall not be in your pocket
a large stone and a small stone...".5 It is forbidden
to cheat someone by the use of false measure, as it says
"You shall not do injustice in measure, weight or volume"4;
and if one does so he must pay. There is a special
prohibition against stealing land in the land of Israel by
moving boundary markers, as it says "You shall not push
back your friend's border... in the inheritance that you
inherit..."6,c
It is forbidden to kidnap, as it says "You shall not
steal",1 and it says "If a man is found stealing a person
of his brethren of the children of Israel and he enslaves
him and sells him, that thief shall die",7 and it says
"And one who steals a man and sells him... shall die".8,d
If a thief is caught in the act it is permitted to
kill him unless it is certain that he would not have killed
anyone who tried to stop him, as it says "If the thief is
found in the tunnel and is struck and dies he has no
blood-rights...".9,e
Sources: |
| 1. Ex. 20:15, Lev. 19:11, Deut. 5:17 |
a. 1:1,4,6,12; 2:1-2,10 |
| 2. Ex. 21:37; 22:3 |
b. 5:1-3 |
| 3. Ex. 22:8 |
c. 7:1-3,11;:8:1 |
| 4. Lev. 19:35-36 |
d. 9:1-2 |
| 5. Deut. 26:13-15 |
e. 9:7-10 |
| 6. Deut. 19:14 |
|
| 7. Deut. 24:7 |
|
| 8. Ex. 21:16 |
|
| 9. Ex. 22:1-2 |
|
