Lesson # 285 •Theft by a Woman; Penalties for Stealing There is no difference between the liability to make restitution of a man and that of a woman who stole. There may be a difference regarding when the payment is to be made by a married woman. Very often a woman has no access to assets of her own for that which she owns is used by her husband according to halacha. So even when she owes money she does not have access to cash to make her payment. If a married woman does have the assets available to her (under the terms of a pre-nuptual agreement) she must make immediate restitution for that which she stole. If the married woman cannot make the payment, the victim of he theft should go to Beth Din to obtain a judgment against the woman and she will have to pay it when she is divorced or widowed. A thirteenth century case has been cited by many commentaries and codes. The wife of Reuven loaned a silver vessel to the wife of Shimon. A rumor then arose in the community that the silver vessel was stolen from the home of Shimon. A borrower is liable if the object is lost or stolen and thus the wife of Shimon is liable to the wife of Reuven for the value of the vessel. The wife of Shimon pleads that she does not have any assets from which to pay since all of the assets of the family are owned by Shimon, and he pleads that he is not liable for the debt of his wife. It was held that Shimon is not liable for the debt of his wife. But since there was suspicion in the community that Shimon may know where the vessel was located, Shimon would have to take an oath that he does not know the whereabouts, that he did not use it in a manner otherwise than for which the wife of Reuven loaned it to Shimon’s wife, and he was not negligent with the vessel. And the wife of Shimon is obligated to take an oath that the vessel is not in her possession nor under her jurisdiction. The Beth Din wrote a judgment in favor of the wife of Reuven against the wife of Shimon for the value of the vessel to be paid if she should come into any money of her own or if she shall become widowed or divorced, at which time she would be paid her kethuba and would have funds to pay the judgment. A minor (before bat mitzva or before bar mitzva) is not liable to the victim of the theft or the value of the theft. If he still possesses the stolen object he must return it. He is not liable even when he becomes an adult for restitution for the thefts he committed as a minor. If Beth Din sees that a minor is becoming dissolute and steals continually, it should have him flogged so that he should be cured of his habit of stealing things. The Torah states “If the theft be found in his possession-whether a live ox or donkey or goat-he shall pay double” (Sh'mot 22:3). “If a man shall steal an ox, or sheep or goat and slaughter or sell it he shall pay five cattle in place of the ox and four sheep in place of the sheep” (Sh'mot 21:37) What emerges from these verses is that a thief (as distinguished from a robber) must pay the double penalty if he steals any object, and he pays additional penalties if the object stolen is a sheep or an ox and that he sells or slaughters, in which event he pays additional penalties. If there are witnesses who testify in Beth Din that Reuven stole something from Shimon, Reuven must pay to Shimon double the value of the object stolen. Thus if Reuven stole a dollar he must repay two dollars, if he stole a car he must pay twice its value. Reuven loses an amount equal to the value of the object that he stole. However, if he confesses that he stole the object he repays its principle value but is exempt from the double penalty. The same applies to all penalties. The double penalty applies to the thief of any object with the exception of sheep or an ox, when they are stolen and sold or slaughtered, he pays the fourfold penalty for the sheep and the fivefold penalty for the ox. The term fourfold or fivefold may be somewhat misleading, since the first 100 percent is the value of the principle. Thus if the sheep that was stolen and then slaughtered is valued at $100 at the time of the theft, the thief pays $400, which includes the principle value of the sheep. All of these laws apply whether the thief is man or a woman. If the thief is a married woman with no assets of her own with which to make payment, she must return the object if it is available and the double penalty becomes a debt and payable when she is divorced or widowed. If the thief is a minor, he is exempt from paying the double, fourfold or fivefold penalty, but the stolen object must be restored to the victim of the theft. If the object is lost, the minor is not liable to pay for the value of the stolen object, not even when he attains adulthood. If one steals from a Gentile or objects that belong to the Holy Temple, the thief need pay only the principle amount and no penalties. Similarly, if one steals instruments of debt or land, he is not liable for the penalties; the penalties attach only to movable things that have intrinsic value. If one steals an ox or a sheep in which he has a share, he is exempt from the fourfold or fivefold penalty. If partners steal an ox or a sheep and one of them slaughters or sells it with the knowledge of the other partner, they must jointly pay the fourfold or fivefold penalty; if one sells or slaughters it without the knowledge of the other partner they are exempt from the fourfold or fivefold penalty, but must pay the double penalty. If one steal without lifting the object, such as by pulling it and leaves the stolen object in the victim’s premises, he need not pay the double penalty. Similarly, if he sells of slaughters the stolen sheep or ox on the owner’s premises he need not pay the fourfold or fivefold penalty. But if he lifted up the object, he immediately becomes a thief even on the owner’s premises and is liable for the corresponding penalties. The subject matter of this lesson is more fully discussed in volume IX chapters 349 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 [The Parshat
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