The Art of the Steal

(13) You shall not murder. You shall not commit adultery. You shall not steal. You shall not bear false witness against your neighbor. (14) You shall not covet your neighbor’s house: you shall not covet your neighbor’s wife, or male or female slave, or ox or ass, or anything that is your neighbor’s.

(2) לא תגנוב THOU SHALT NOT STEAL — Scripture here is speaking about a case of one who steals human beings, whilst the command (Leviticus 19:11) “Ye shall not steal” speaks about a case of one who steals money (another person’s property in general).

Or perhaps this is not so, but this speaks about the case of one who money and the other about the case of one who steals human beings! You must, however, admit that the rule applies: a statement must be explained from its context. How is it in regard to, “Thou shalt not murder” and “Thou shalt not commit adultery”? Each, speaks of a matter for which one becomes liable to death by sentence of the court; similarly, “Thou shalt not steal”, must speak of a matter for which one becomes liable to death by sentence of the court, and this is not so in the case of theft of money but only in that of kidnapping (Sanhedrin 86a; cf.Mekhilta).

(11) You shall not steal; you shall not deal deceitfully or falsely with one another. (12) You shall not swear falsely by My name, profaning the name of your God: I am יהוה. (13) You shall not defraud your fellow [Israelite]. You shall not commit robbery. The wages of a laborer shall not remain with you until morning.

§ The Gemara asks: From where is a prohibition against abducting a person derived? Rabbi Yoshiya says that it is derived from the verse: “You shall not steal” (Exodus 20:13). Rabbi Yoḥanan says that it is derived from the verse: “They shall not be sold as slaves” (Leviticus 25:42). The Gemara comments: And they do not disagree, as each requires both verses to derive the prohibition. One Sage, Rabbi Yoshiya, enumerates the prohibition against abduction, and one Sage, Rabbi Yoḥanan, enumerates the prohibition against selling the abductee into slavery.

(39) If your kin under you continue in straits and must be given over to you, do not subject them to the treatment of a slave. (40) Remaining with you as a hired or bound laborer, they shall serve with you only until the jubilee year. (41) Then they, along with any children, shall be free of your authority; they shall go back to their family and return to the ancestral holding.— (42) For they are My servants, whom I freed from the land of Egypt; they may not give themselves over into servitude.—

THOU SHALT NOT STEAL. Stealing implies taking money secretly. There are thieves who incur the death penalty, namely, those who kidnap an Israelite, be he a child or one who cannot speak clearly. The prohibition to steal money applies both to when the owner is present and to when he is not present. It also applies to cheating in number, measure, and weight. The term stealing also applies to what Absalom did, that is, it prohibits deceiving another person.

(2) The Torah prohibits stealing even the slightest amount. It is forbidden to steal as a jest, to steal with the intent to return [possibly "double see Baba Metzia 61b], or to steal with the intent to pay. All is forbidden, lest one habituate oneself to such conduct.

(3) Who is a thief? A person who takes assets belonging to a colleague in stealth, without the owner's knowing - e.g., a pickpocket who is not detected by the owner or the like. If, however, a person takes a colleague's assets in open view and with public knowledge by force, he is not considered a thief, but rather a robber.

The Gemara asks: Why do I need the prohibition: “You shall not steal” (Leviticus 19:11), that the Merciful One wrote? This is yet another prohibition against taking money by illegitimate means, and it could be derived from the other prohibitions mentioned previously. The Gemara answers that it is necessary for the Merciful One to write that prohibition for that which is taught in a baraita: “You shall not steal” applies in all circumstances, even if you do so only in order to aggravate the victim; “you shall not steal” applies in all circumstances, even if you do so in order to pay the double payment as a gift to the person from whom you stole.

THOU SHALT NOT MURDER. THOU SHALT NOT COMMIT ADULTERY. THOU SHALT NOT STEAL. He is stating: “Now I have commanded you to acknowledge in thought and in deed that I am the Creator of all, and to honor parents because they joined [Me] in your formation. If so, guard against destroying the work of My hands and spilling the blood of man, whom I have created to honor Me and acknowledge Me in all these matters. And do not commit adultery with your fellow-man’s wife, because you will thereby destroy the principle of honoring parents, [causing the children] to deny the truth and acknowledge falsehood. They will not know their fathers and will thus give their honor to another, just as the idol-worshippers do, who say to a block of wood, ‘thou art my father,’ and they do not know their Father who created them out of nothing.” After that, He warned against stealing a human being, for that too brings about a similar [disintegration of values].With respect to their stringency and penalties, the order of the commandments is as follows: after idolatry comes bloodshed, and after that adultery, and then stealing of a human being and false testimony and robbery; [Since coveting also relates to action by robbery, Ramban mentions here “robbery” although the tenth commandment speaks of coveting.]

and he who does not covet, will never harm his neighbor. Thus, He completed all obligations that a person owes towards his neighbor.

(24) I will drive out nations from your path and enlarge your territory; no one will covet your land when you go up to appear before your God יהוה three times a year.

(2) They covet fields, and seize them; Houses, and take them away. They defraud men of their homes, And people of their land.

(2) Rabbi Ṭarphon said: The Holy One, blessed be He, rose and came from Mount Sinai and was revealed unto the sons of Esau, as it is said, "And he said, The Lord came from Sinai, and rose from Seir unto them" (Deut. 33:2). And "Seir" means only the sons of Esau, as it is said, "And Esau dwelt in Mount Seir" (Gen. 36:8). The Holy One, blessed be He, said to them: Will ye accept for yourselves the Torah? They said to Him: What is written therein? He answered them: It is written therein, "Thou shalt do no murder" (Ex. 20:13). They replied to Him: We are unable to abandon the blessing with which Isaac blessed Esau, for he said to him, "By thy sword shalt thou live" (Gen. 27:40). Thence He turned and was revealed unto the children of Ishmael, as it is said, "He shined forth from Mount Paran" (Deut. 33:2). "Paran" means only the sons of Ishmael, as it is said, "And he dwelt in the wilderness of Paran" (Gen. 21:21). The Holy One, blessed be He, said to them: Will ye accept for yourselves the Torah? They said to Him: What is written therein? He answered them: "Thou shalt not steal" (Ex. 20:15) is written therein. They said to Him: We are not able to abandon the usage which our fathers observed, for they brought Joseph down into Egypt, as it is said, "For indeed I was stolen away out of the land of the Hebrews" (Gen. 40:15). Thence He sent || messengers to all the nations of the world. He said unto them: Will ye receive for yourselves the Torah? They said to Him: What is written therein? He said to them: "Thou shalt have no other gods before me" (Ex. 20:3). They said to Him: We have no delight in the Torah, therefore let Him give His Torah to His people, as it is said, "The Lord will give strength unto his people; the Lord will bless his people with peace" (Ps. 29:11). Thence He returned and was revealed unto the children of Israel, as it is said, "And he came from the ten thousands of holy ones" (Deut. 33:2). The expression "ten thousands" means the children of Israel, as it is said, "And when it rested, he said, Return, O Lord, unto the ten thousands of the thousands of Israel" (Num. 10:36). With Him were thousands twice-told of chariots, even twenty thousand of holy angels, and His right hand was holding the Torah, as it is said, "At his right hand was a fiery law unto them" (Deut. 33:2).

GEMARA: With regard to one who plays with dice for money, what is he doing that disqualifies him from bearing witness? Rami bar Ḥama says: He is disqualified because gambling is a transaction with inconclusive consent [asmakhta], as one who gambles does not have conclusive consent to pay when he loses since he plays under the assumption that he will win. And as an asmakhta does not effect acquisition, the one who wins takes money that is not legally his, and is considered a robber. Rav Sheshet says: Any case like this is not an asmakhta. In a game of dice both sides realize that they might lose, and consent at the outset to pay if that happens. Rather, those who play dice are disqualified because they are not involved in settling the world, i.e., in productive occupations that demand hard work. Since they do not realize the effort required of most people to earn a living they might not be scrupulous about other people’s money, and their testimony cannot be relied upon. The Gemara asks: What is the practical difference between the explanations of Rami bar Ḥama and Rav Sheshet? The Gemara answers: The practical difference between them is in a case where the dice player learns another occupation, and is involved in that occupation as well. According to Rav Sheshet, since he has a productive occupation he is fit to bear witness. According to Rami bar Ḥama, since he is considered a robber, as the money he gains from gambling is not legally his, he is disqualified.

The Gemara comments: According to this interpretation, we learn in this mishna that which the Sages taught in a baraita: A father is obligated with regard to his son to circumcise him, and to redeem him if he is a firstborn son who must be redeemed by payment to a priest, and to teach him Torah, and to marry him to a woman, and to teach him a trade. And some say: A father is also obligated to teach his son to swim. Rabbi Yehuda says: Any father who does not teach his son a trade teaches him banditry [listut]. The Gemara expresses surprise at this statement: Can it enter your mind that he actually teaches him banditry? Rather, the baraita means that it is as though he teaches him banditry. Since the son has no profession with which to support himself, he is likely to turn to theft for a livelihood. This baraita accords with Rav Yehuda’s interpretation of the mishna.

The Gemara asks: Why do I need the prohibition: “You shall not steal” (Leviticus 19:11), that the Merciful One wrote? This is yet another prohibition against taking money by illegitimate means, and it could be derived from the other prohibitions mentioned previously. The Gemara answers that it is necessary for the Merciful One to write that prohibition for that which is taught in a baraita: “You shall not steal” applies in all circumstances, even if you do so only in order to aggravate the victim; “you shall not steal” applies in all circumstances, even if you do so in order to pay the double payment as a gift to the person from whom you stole.

(5) An etrog that was stolen or is completely dry is unfit. One from a tree worshipped as idolatry [asheira] or from a city whose residents were incited to idolatry is unfit.

It was also stated: Rabbi Ami said: A dry lulav is unfit because it does not meet the criterion of beauty, and a stolen lulav is unfit because it is a mitzva that comes by means of a transgression.

(20) Jacob kept Laban the Aramean in the dark, not telling him that he was fleeing,

(6) Absalom did this to every Israelite who came to the king for judgment. Thus Absalom won away the hearts of the men of Israel.

3. There are seven thieveries. First - one who misrepresents [geneivat daat] themselves to others, one who insincerely invites another to their home, one who plies another with gifts they know they will not accept, one who impresses their guest by opening a barrel of wine already sold to a vendor, one who has improper measures, one who lies regarding weights, one who adulterates their merchandise... How do we know misrepresentation is theft? Because it says 'So Absalom stole the hearts of the men of Israel' (II Samuel 15:6)

Who's (crime) is greater the thief or the he who was stolen from? You could say the one who was stolen from and was silent as we find when Israel was standing at Mt. Sinai they asked to deceive (lit. steal the knowledge) of the Most High as it is written: (Exodus 24: 7) "Everything that God says, we will do and we will obey" as if to say it was stolen to them, as we learnt (Deuteronomy 5: 26) "May they always be of such mind, to revere Me and follow all My commandments etc." And if you argue that not everything is revealed before Him we have already said (Psalms 78: 36) "Yet they deceived Him with their speech,

lied to Him with their words; their hearts were inconstant toward Him;

they were untrue to His covenant." and even still: "But He, being merciful, forgave iniquity

and would not destroy;

He restrained His wrath time and again

and did not give full vent to His fury;" etc. and it says (Proverbs 26: 23) Base silver laid over earthenware

Are ardent lips with an evil mind.

(6) A person is forbidden to act in a smooth-tongued and luring manner. He should not speak one thing outwardly and think otherwise in his heart. Rather, his inner self should be like the self which he shows to the world. What he feels in his heart should be the same as the words on his lips. It is forbidden to deceive people, even a non-Jew. For example, one should not sell a gentile the meat of an animal which has not been ritually slaughtered as if it were ritually slaughtered meat, nor a shoe made from the hide of an animal which has died of natural causes as if it were made of the hide of a slaughtered animal. One should not press his colleague to share a meal with him when he knows that his colleague will not accept the invitation, nor should he press presents upon him when he knows that his colleague will not accept them. He should not open casks supposedly for his colleague which he must open for sale, in order to deceive him into thinking that they have been opened in his honor. The same applies with all matters of this sort. It is forbidden to utter a single word of deception or fraud. Rather, one should have only truthful speech, a proper spirit and a heart pure from all deceit and trickery.

And the Rabbis concede that one may not sift the meal only from the beans that are close to the opening of the bin to create the impression that the contents of the entire bin were sifted, as this is nothing other than deception. One may neither adorn a person before selling him on the slave market, nor an animal nor vessels that he seeks to sell. Rather, they must be sold unembellished, to avoid deceiving the buyer.

(30) Assuredly, I am going to deal with the prophets—declares GOD—who steal My words from one another.

those who steal My wards from one another They have spies who spy upon the true prophets, who listen to their expression with which they prophesy and say false prophecies with that same expression, as Hananiah son of Azzur did. He heard Jeremiah prophesying in the upper marketplace, “Behold I break the bow of Elam,” and he prophesied in the lower marketplace, “I have broken the yoke of the king of Babylon” (28:2), as our Rabbis wrote in Sanhedrin 89a.

For they cannot sleep unless they have done evil;Unless they make someone fall they are robbed of sleep.

Just as there is oppression in commercial transactions, so too is there oppression with words. And verbal oppression is more serious than financial oppression, because money can be returned, whereas words cannot be returned; and one has to do with a person's self, whereas the other [just] has to do with their money. So one who cries out (in prayer) over being verbally oppressed is answered immediately. Gloss...

What is affliction with words? A person should not say, “how much are you willing to accept for this item,” when he has no intention of purchasing it. If donkey-riders were looking to purchase grain, one may not say to them to go to so and so when he knows that person has nothing to sell. If someone had repented from his earlier ways, one may not say to him “remember your earlier actions.” If one is the son of converts, one may not say to him, “remember your father’s actions.” If a person was suffering a person may not tell him what Iyov was told by his friends, “is your fear of heaven not your confidence? Do you remember, please, anyone innocent who was destroyed?” If one is asked a question on a certain subject he should not tell someone who is unfamiliar with that subject to give an answer on this matter. The same applies to anything similar.