Home Subscribe Services Support Us
Print Version

Email this article to a friend

Geneivas Daas1 3

This week we continue discussion of the basic aspects of the prohibition of Geneivas Daas. The early authorities argue as to whether the prohibition of ‘geneivas daat’ is from the Torah or the Rabbis. The Ritva brings the opinion of the Tosefta that this is a Torah prohibition and that it is learnt out from the passuk, “Do not steal, do not deny” (Vayikra, 19:11). Many other authorities also hold that geneivas daas is a Torah prohibition. The Shaarei Teshuva, however, writes; The Chachmei Yisrael considered this sin [of geneivat data] to be more severe than stealing from non-Jews.” This implies that this is a rabbinical prohibition because he refers to the Rabbis as the source of the prohibition. The opinion of the Rambam on this matter is unclear.

In contrast, in Hilchot Mechira, the Rambam compares geneivat daat in monetary matters, to onaat devarim and sheker in business (which are Torah prohibitions). From there, it seems that the Rambam holds geneivat data is midoraita.

Therefore, it seems that the Rambam holds that in general, geneivat daat is rabbinical, however, when it involves actual thievery of money, then it is forbidden from the Torah. Some authorities rule this way – that when a loss of money is involved in the geneivas daas then there is a Torah prohibition but if there is no monetary loss, then it is rabinically forbidden.

1. This article is based on a talk given by Rabbi David Genish, Shlita, Rabbi of Kehillat Meam Loez – an English speaking Sefardi shul in Ramat Beit Shemesh – one of the only English Sefardi shuls in the whole of Eretz Yisroel. For more information about the Meam Loez community, email me on:


Text Copyright © 2009 by Rabbi Yehonasan Gefen and

Visit Rabbi Gefen's new blog at

Rabbi Gefen's new book, The Guiding Light, is now available! To order, please contact Rabbi Gefen at or 00972 52 761 9935.



View Complete List

"Mah Tevakesh": Keeping Focused On One's Goal In Life
- 5769

Real People
Rabbi Aron Tendler - 5760

Chanukah Oil: A Real No-Know
Rabbi Eliyahu Hoffmann - 5762

Frumster - Orthodox Jewish Dating

Light Up Right
Rabbi Label Lam - 5770

Oh Dreidel, Dreidel, Dreidel!
Rabbi Label Lam - 5768

Of Fire and Money
Rabbi Yissocher Frand - 5757

Looking for a Chavrusah?

Just Five More Minutes of Sleep!
Rabbi Yisroel Ciner - 5759

Bonding Time
Rabbi Dovid Green - 5760

A Spiritual Holiday
Rabbi Yehudah Prero - 5755


The Flame of Yosef
Rabbi Pinchas Winston - 5771

Chanukah and Mechiras Yosef: The Hidden Connection
Shlomo Katz - 5764

Yesod HaOlam
Rabbi Pinchas Winston - 5762

> Our Spiritual Inheritance
Rabbi Yosef Kalatsky - 5763

Smelling The Fragrance Of Hope
Rabbi Eliyahu Hoffmann - 5768

The Strong and the Weak
Rabbi Berel Wein - 5767

The Meaning of Miracles
Rabbi Yehudah Prero - 5766

Project Genesis Home

Torah Portion

Jewish Law



Learn the Basics




Ask The Rabbi

Knowledge Base


About Us

Contact Us

Free Book on Geulah! Home Copyright Information