Lesson # 292 • Help the Robber Repent; Return of the Robbed Object

The Talmud relates the following story (Baba Kama 94b) It once happened that a certain man who was a robber wanted to make restitution. His wife said to him “Empty-headed, if you are going to make restitution, even the belt that you are wearing would not remain with you.” The Rabbis declared that if robbers or usurers are prepared to make restitution, it would not be right to accept the robbed objects from them, and he who does, does not obtain the approval of the Rabbis. (This does not contradict the idea that the victim may accept return of the robbed object. In this latter situation there is a single theft. In our lesson the robber earns substantially all of his livelihood by robbing and the robbed object is no longer in existence.) There are several conditions that have to be present and then the victim is advised not to accept the return of the robbed object. (1) The robber Reuven is a known robber. Since this is his way of making a living, it would be very difficult for him to return all that he robbed, which will impede his desire to repent. Not only is the object not accepted from him, the money substitute is also not accepted. But if Reuven is an occasional robber, then Shimon may accept the restitution of the robbed object. (2) Reuven wants to repent on his own.

But if he is compelled to repent by the community or by Beth Din in a law suit brought by Shimon, then Shimon may accept the return of the robbed object. (3) Reuven does not have the robbed object. But if Reuven has the robbed object, it is accepted back by Shimon. Even in this rule there are notable exceptions, such as Reuven having robbed a long wooden beam that he built into his house. The beam is still owned by Shimon but to have Reuven return the beam would require Reuven to destroy his house. The beam is deemed not to be in existence for the purpose of return, and Reuven returns money instead. There is an opinion that the foregoing does not apply to real estate. Even if Reuven improves the real estate that he robbed, he must return it to Shimon, but he may remove all his materials and even raze the structures that he erected. I would hope that is such a situation Reuven and Shimon would work out an equitable arrangement regarding structures that Reuven erected on Shimon’s real estate.

Assume that Reuven attempts to return the object to Shimon and Shimon declares that he does not want it back in keeping with the advice of the Rabbis. If Reuven then insists that Shimon take back the object so that he can fulfill his obligation to Heaven, Shimon may take back the object.

If the Victim cannot be Specified
Reuven is a shepherd who grazes his own flocks on real estate belonging to many people in the community, which in essence is robbing all these people. Or Reuven is a tax collector who is dishonest in assessing the taxes and in essence robs the people of the community. When Reuven, in either role wants to make restitution, he does not know to whom to specifically pay the money. The Rabbis instituted a rule that he contribute to communal projects such as paving and maintenance of roads, water supply system repairs, communal bath houses, and the like. Since there is a great likelihood that the victims will make use of the projects to which Reuven contributes, he will have made restitution to the victims. Although when Reuven robs an individual, Beth Din can compel him to make restitution, Beth Din will not do it when he has robbed the community at large, as when he was a corrupt tax collector.

Where to Restore the Robbed Object
Robbers must return the object to the place where it was robbed. If Reuven robbed the object where Shimon currently resides, then Reuven, even if he lives far away, must return the object to Shimon. If when the object was robbed, Shimon resided in the same community where Reuven resides and now Shimon resides far away, Reuven is not obligated to go to the community where Shimon resides, but may notify Shimon that he holds the object and that Shimon should retrieve it from him; Reuven must maintain the object until Shimon comes to retrieve it. Whenever Reuven must return the object to a faraway place he may deposit the object with Beth Din, which is to notify Shimon that it will send the object to Shimon or Beth Din may send the object with an agent appointed by Shimon. If Shimon dies before Reuven returns the object to him, Reuven must return the object (or the money if the object is no linger available to be restored) to the heirs of Shimon.

Robbing One’s Father or a Proselyte
Reuven robbed his father Shimon and denied it under oath and then Shimon died. If the robbed object is in existence, Reuven must divest himself of the robbed object to his brothers, who are the heirs of Shimon. If the object is no longer in existence he gives to his brothers their share of the capital value of the object. If Reuven has no brothers and he is Shimon’s sole heir, Reuven may deliver the object to his own sons. If he has no sons he may give the object to his own creditors or to charity. Once he disposes of the object he is cleared of the robbery, even if he gives it all away as a gift. All this is conditioned upon his telling the recipient “This is what was taken by robbery.”

If Reuven robs a proselyte who died without heirs, (only a proselyte can die without heirs, Every other Jew has some heirs when he dies.) then the object should be divested by Reuven. In the time of the Holy Temple, may it be rebuilt speedily in our days, Reuven robbed a proselyte and denied it under oath and then confessed and the proselyte died, the object together with an additional fifth (which is actually an additional 25%, which becomes a fifth of the total amount returned) was given to the kohanim of the current watch at the Temple. During those days, if Reuven had an object belonging to Shimon resulting from a robbery and (1) Reuven denied that he robbed the object, (2) takes a false oath to the effect that he did not rob the object, (3) later confesses that he did rob the object, Reuven must repay the capital plus one fifth and he had to bring a sacrifice.

The subject matter of this lesson is more fully discussed in volume IX chapter 366 of A Restatement of Rabbinic Civil Law by E. Quint. Copies of all volumes can be purchased via email: orders@gefenpublishing.com and via website: www.israelbooks.com and at local Judaica bookstores. Questions to quint@inter.net.il

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