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Theft Laws

An abridged set of Jewish laws in English focusing only on laws of Theft. This code aims to be as comprehensive as the Shulchan Aruch and is intended to be easily understood and implemented by both the general Jewish population and the courts.

Chapter 1: Basic Principles of Theft

Section 1: Definition of Theft

  1. Theft Defined: Theft in Jewish law, or G'neivah, refers to the unlawful taking of another's property without their knowledge or consent. The act violates the commandment, "Lo Tignov" (Exodus 20:15, Leviticus 19:11).

Section 2: Intent

  1. Intent Required: For an act to be considered theft, there must be an intent to permanently deprive the owner of their property (Mishneh Torah, Hilchot Gezeilah ve-Geneivah 1:3).

Section 3: Categories of Thieves

  1. Daylight Thief (Ganav): One who steals in a concealed manner. The Torah stipulates double repayment for such a thief (Exodus 22:3).

  2. Robber (Gazlan): One who steals openly, in the presence of others. Required to return the stolen item or its value (Mishneh Torah, Hilchot Gezeilah ve-Geneivah 1:3).

Section 4: Subjects of Theft

  1. Animals and Goods: Theft of animals and inanimate objects are included (Mishneh Torah, Hilchot Gezeilah ve-Geneivah, Chapter 1).

  2. Intangible Property: Intellectual property and stealing time are areas of halachic discussion, but traditional theft laws may not apply directly (Shulchan Aruch, Choshen Mishpat 359).

Chapter 2: Restitution and Penalties

Section 1: Restitution Amounts

  1. Double Repayment (Kefel): A concealed thief (Ganav) is obligated to pay double the amount of what was stolen if the stolen object is no longer in its original state (Exodus 22:3, Mishneh Torah, Hilchot Gezeilah ve-Geneivah 1:2).

  2. Four and Fivefold: For stolen sheep and cattle that were either slaughtered or sold, the thief must pay fourfold or fivefold, respectively (Exodus 22:1).

Section 2: Returning the Object

  1. Return or Equal Value: The robber (Gazlan) is required to return the stolen object itself or its monetary value (Mishneh Torah, Hilchot Gezeilah ve-Geneivah 1:3).

Section 3: Situations Where Double Repayment is Not Applicable

  1. Immediate Repentance: If the thief confesses and returns the stolen object before being summoned by a Beit Din (Jewish court), he is exempt from double repayment (Mishneh Torah, Hilchot Gezeilah ve-Geneivah 1:4).

  2. Robbery: Double repayment is not applicable to robbers (Gazlanim), who must only return the stolen object or its value (Mishneh Torah, Hilchot Gezeilah ve-Geneivah 1:3).

Section 4: Procedure in Beit Din

  1. Two Witnesses Required: To establish guilt, two kosher witnesses must testify against the thief (Mishneh Torah, Hilchot Edut 5:1).

  2. Swearing: If evidence is inconclusive, the alleged thief may have to take an oath (Shulchan Aruch, Choshen Mishpat 87:1).

Chapter 3: Ethical Dimensions

Section 1: Teshuvah (Repentance)

  1. Repentance Mandatory: Stealing is a violation of Torah law and one must repent to be in a proper relationship with HaShem and fellow man (Shulchan Aruch, Choshen Mishpat 34:1).

  2. Restitution as a Prerequisite: Returning the stolen object or its value is a prerequisite for Teshuvah (Mishneh Torah, Hilchot Teshuvah 2:1).

Chapter 4: Special Cases and Exceptions

Section 1: Stolen Food Consumed

  1. Eaten or Consumed: If stolen food has been consumed, the thief is obligated to pay its value (Mishneh Torah, Hilchot Gezeilah ve-Geneivah 3:10).

Section 2: Stolen Item Altered

  1. Altered State: If the stolen item has been significantly altered, the thief must compensate the owner for the item's original value (Shulchan Aruch, Choshen Mishpat 361:1).

Section 3: Stolen Items Used

  1. Usage Fee: If the stolen object has been used, an additional fee for its use may be levied by Beit Din (Jewish court) (Mishneh Torah, Hilchot Gezeilah ve-Geneivah 3:9).

Section 4: Partial Theft

  1. Part Ownership: If one steals an item in which he already has partial ownership, he only needs to pay the share of the other owner (Shulchan Aruch, Choshen Mishpat 358:1).

Section 5: Theft from a Thief

  1. Successive Thieves: If an item is stolen by one thief from another, the last thief is responsible for all preceding thefts and must return the item to its original owner (Mishneh Torah, Hilchot Gezeilah ve-Geneivah 5:20).

Chapter 5: Laws for Specific Groups

Section 1: Theft Between Family Members

  1. Family Not Exempt: Theft laws apply equally among family members, including spouses (Mishneh Torah, Hilchot Gezeilah ve-Geneivah 1:2).

Section 2: Theft Involving Minors

  1. Minor's Responsibility: Although minors are not obligated by Torah law, it is incumbent upon the parents to train them in the ways of ethical behavior (Mishneh Torah, Hilchot Talmud Torah 1:6).

Section 3: Theft by Non-Jews

  1. Noachide Laws: Theft is also prohibited under the Seven Noachide Laws and carries its own set of Halachic implications (Mishneh Torah, Hilchot Melachim 9:9).

Chapter 6: Laws for Business and Commerce

Section 1: Theft in Business Transactions

  1. Unfair Pricing: Overcharging or underpaying by more than one-sixth is considered a form of theft and must be rectified (Mishneh Torah, Hilchot Mechirah 12:2).

  2. Deceptive Practices: Utilizing false measures or deceptive tactics in business also falls under the category of theft (Shulchan Aruch, Choshen Mishpat 231:12).

Section 2: Employee and Employer Relations

  1. Withholding Wages: An employer withholding wages is akin to theft and is prohibited (Leviticus 19:13, Mishneh Torah, Hilchot Sechirut 11:1).

  2. Employee Theft: An employee removing items from the workplace without permission is liable for theft (Mishneh Torah, Hilchot Gezeilah ve-Geneivah 1:2).

Section 3: Public and Communal Property

  1. Public Funds: Embezzling communal funds is regarded as theft (Shulchan Aruch, Choshen Mishpat 356:1).

  2. Community Services: Avoiding payment for community services or utilities is also considered a form of theft (Mishneh Torah, Hilchot Gezeilah ve-Geneivah 5:1).

Chapter 7: Prevention and Education

Section 1: Fences Around the Law

  1. Taking Precautions: Both potential thieves and potential victims should take precautions to prevent theft (Mishneh Torah, Hilchot Gezeilah ve-Geneivah 9:1).

Section 2: Education and Upbringing

  1. Educating the Young: Parents and educators have a responsibility to teach the prohibition of theft to children from a young age (Mishneh Torah, Hilchot Talmud Torah 1:7).

Conclusion:

This concludes the initial draft focusing on the laws of theft within Halacha. Please consult with competent Halachic authorities for further guidance and application.