Hello. We continue the laws of theft from Chapter Seven of the book Brit Shalom. Here I am in Section Three of Chapter Seven.
One of the foundations of human society is the safeguarding of another person’s property. From this derives the prohibition that the Torah established against robbing one’s fellow. As we discussed, first of all the prohibition of theft must be understood according to universal human morality. It is not some new decree that the Torah invented; rather, after human beings already understand that stealing is a bad thing, the Torah adds it as a commandment. That is what is written here: from this derives the prohibition that the Torah commanded against robbing one’s fellow.
Now, it is clear that it is forbidden to rob one’s fellow. But what about robbing the public?
For example, there is public property—then it is even more severe. Theft from the public, which is Section Four, is especially grave because one sins against many people. Not only that: if I steal from my friend, I know whom to return it to. But if I steal from the public, I do not know to whom to return it. Therefore, it is commonly said that one who steals from the public must use the amount he stole for public needs—he should benefit the community.
Now we have here the definition of theft. Section Five: the prohibition of theft is taking control of another person’s property, body, or land against his will. There are ḥamas, oshek, and geneivah (robbery, oppression, and stealing).
Ḥamas – taking property by force in broad daylight, such as snatching someone’s property from his hands. For example, I see a person and forcibly take his money, his wallet, his clothing. This is called ḥamas.
Oshek – this is more subtle. For example, when one owes his fellow money, property, or payment for work and refrains from paying his debt. I owe you money and I do not give it to you. This is called oshek (oppression).
Geneivah – stealing in secret, taking from another person’s property stealthily. In Hebrew we have two different words: one for open robbery (gezel), and one for secret stealing (geneivah), such as when I enter my friend’s house without him noticing or knowing. That is called geneivah.
These are the three main prohibitions within the laws of theft.
