Torah.org Home Subscribe Services Support Us
 
Print Version

Email this article to a friend

Geneivas Daas1 Part 4

Last week we discussed the opinion of the Rambam about geneivas daas, and whether it is a Torah or Rabbinical prohibition.

This week, we discuss the reasons for the prohibitions: There are a number of opinions on this issue: The Ritva learns the prohibition (issur) from ‘Do not steal’, and brings the Tosefta in Bava Kama, that says that there are three types of stealing, and ‘gonev daat habrios’ (deceiving people) is the worst of them all. This also seems to be the opinion of the Smag and Smak. From the Rambam, it seems that when monetary loss is involved, the issur is based on the prohibition to not steal. However, when there is no monetary loss, the source of the issur is the prohibition to not lie, because he ends the sentence there, writing that one should speak truthfully.

The Shaarei Teshuva includes one who is gonev daat as being in the group of liars. He stresses that this type of ‘geneiva’ is worse than regular stealing. This is because since he is not stealing his fellow’s money, rather his daat (ie. tricking him), it is as if he believes that HaShem doesn’t know his thoughts.

The Tur and Shulchan Aruch (Choshen Mishpat, Simun 228) bring this law together with that of onaah (this literally means afflicting, and in this case refers to harming someone monetarily by deliberately overcharging or underpaying them), implying that its source is onaah and not stealing.


1. This article is based on a talk given by Rabbi David Genish, Shlita, Rabbi of Kehillat Meam Loez.


 

Text Copyright © 2009 by Rabbi Yehonasan Gefen and Torah.org

Visit Rabbi Gefen's new blog at rabbiygefen.blogspot.com.

Rabbi Gefen's new book, The Guiding Light, is now available! To order, please contact Rabbi Gefen at Gefen123@smile.net.il or 00972 52 761 9935.


 






ARTICLES ON LECH LECHA:

View Complete List

A House or a Home?
Rabbi Yaakov Menken - 5757

No Pain, No Gain
Rabbi Yisroel Ciner - 5758

Better A Second Time Around
Shlomo Katz - 5767

ArtScroll

Lech Lecha
Rabbi Pinchas Winston - 5769

A "Sneak Preview" of History
Rabbi Yissocher Frand - 5761

To the Land That I Will Show You
Rabbi Label Lam - 5763

> Home Sweet Home
Rabbi Naftali Reich - 5773

Spiritual Yichus
Rabbi Aron Tendler - 5764

Go to the Land of Canaan
Rabbi Pinchas Winston - 5770

Frumster - Orthodox Jewish Dating

Abraham's Dwelling
Rabbi Berel Wein - 5765

The Dawn of a New Era
Rabbi Aron Tendler - 5759

Outsiders
Rabbi Mordechai Kamenetzky - 5756

Looking for a Chavrusah?

Wake-Up Call
Rabbi Mordechai Kamenetzky - 5759

The Perfect Covenant
Rabbi Pinchas Winston - 5765

“You Can Take the Girl out of Hicksville, but...”
Jon Erlbaum -

Redefining Pleasure
Rabbi Yochanan Zweig - 5772



Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base




Help

About Us

Contact Us



Free Book on Geulah!




Torah.org Home
Torah.org HomeCapalon.com Copyright Information