Do Not Steal1 Part 18
We have seen over the past several months that taking items or money in an
unjust fashion constitutes at least one transgression of Torah law.[2]
In addition to the seriousness of transgressing Torah laws, there is another
serious consequence for one who steals. A person may, on occasion be
required to testify In Jewish law courts[3] , however there are a number of
requirements necessary for a person to be a valid witness. One of them is
that one who has knowingly transgressed the Torah laws of stealing, and has
not repented for his actions, is invalid as a witness.
This is of particular relevance to another situation - being a witness at a
wedding. In order for a couple to be married according to Torah law, the
signing of the marriage contract (kesubah) and the act of betrothal
(kiddushin) must be witnessed by two valid witnesses. A person who has
knowingly stolen and not repented is invalid to be a witness. Therefore,
one who suspects that a transaction he once did, or goods he once took,
might be considered stealing according to Torah law, should not accept the
honor of being a witness to a kesubah or a kiddushin.[4]
However, one who stole as a result of ignorance of the law is not considered
invalid to be a witness. For example, it is sadly common for some people to
believe that it is permissible to steal from non-Jews. Accordingly, one who
did so because of ignorance, is not invalid to be a witness.
Furthermore, as we mentioned above, if the guilty person repented his
actions in the proper fashion, then he may once again be a valid witness.
Included in the repentance process is returning the wrongfully taken money
or item.[5]
[1] Much of the information for this essay is taken from "Halachos of Other
People's Money" by Rabbi Yisroel Pinchos Bodner.
[2] See 'Do Not Steal', part 1 for the specific mitzvos that may be
transgressed when one steals.
[3] Known as 'Beis Din' - it is a Jewish court of law where disputes are
resolved according to Torah law. In general a Jew is obligated to go to
Beis Din as opposed to secular courts, although there are rare exceptions to
this law - one should consult an Orthodox Rabbi in as to the law in eac
specific situation.
[4] Until he repents in the proper fashion - see further in this essay.
[5] In the coming weeks we will discuss the specific details of how one goes
about returning stolen items.
