Lesson # 288 • Not to Buy Objects from a Thief One may not buy objects from a notorious thief. If Levi purchased an object from Reuven a notorious thief, who stole it from Shimon, Levi must restore the object to Shimon without compensation. The fact that Levi did not know that this particular object was stolen by Reuven does not change the situation. Levi should have suspected that it was a stolen object. There are certain objects that the purchaser may presume do not belong to the seller and are being sold without authority of the owner. It is prohibited to purchase such objects. Even if the purchaser does not suspect that this particular object being offered for sale is stolen by the seller, if it is in one of such classes, he may not purchase the object. If the seller sells the object in a concealed manner the purchaser should suspect that it may be stolen. If the purchaser is not sure whether the object is stolen he should obtain advice from Beth Din. The following classes of sale are set forth to show the Talmudic and halachic background. We may learn how to apply these examples in our own days when purchasing objects from individuals as distinguished from purchasing in most stores. Shepherds If a shepherd sells an object that the owner will likely know if it is missing, then it may be purchased. If it is the type of object that is noticeable if missing, it is assumed that the shepherd will not sell it if the owner will notice it is missing and realize that the shepherd is the cause of its loss. Thus one may purchase four goats or sheep or fleeces of wool from a small flock or five from a larger flock, since the owner will notice that they are missing, it is unlikely that they will be stolen without the owner knowing. Except as stated above, one should not purchase goats, sheep, wool or milk from shepherds even if the shepherds also own sheep of their own. However, if the sale takes place in a desert or some other faraway place where the owner realizes that the milk or cheese cannot be sent to market quickly, and be spoiled then they may be purchased since it is presumed that the shepherd is selling on behalf of the owner. Watchmen One may not purchase wood or produce from a watchman unless they sit and sell it and have the basket and scale in front of them. The transaction must be open and public and the objects are thus assumed to be owned by the seller and not stolen. If it is sold in this manner it is assumed that the seller owns or is the authorized agent for the owner. However, if he sells it surreptitiously, one my not purchase from him. Sharecropper One may purchase from a sharecropper since he has a share in the produce. This holds true only if the sharecropper has already made a division of the crops, for the sharecropper owns the share that is his. But prior to the division one may not purchase from the share- cropper for he may be selling a part that belongs to the owner and not give the owner his share of the proceeds. If one does not know if the sharecropper has already divided the crops, it is assumed that he has divided them. Similarly, if the sharecropper sells from his property, if it is assumed that he sells his own. Host Assume that Reuven comes to the home of Shimon. Shimon is not home and Levi invites Reuven in and serves Reuven some refreshments or a meal. Reuven should not eat what Levi offers to him because he may be doing so without authorization of Shimon. This holds true even if Reuven knows that Shimon will be pleased when he comes home and finds that Levi has served Reuven his food and liquor. However, if Levi is accustomed to acting as Shimon’s host when he is not present, then Reuven may partake of what is offered to him. Wives A person may not purchase objects from a woman in her house in her husband’s absence because the possibility exists that the husband owns all or part of the object. If it is the type of object that one knows belongs to the wife or women generally own such things, he may buy the object from her. If a wife works in a husband’s store and sells merchandise, there is no such fear that she is selling his merchandise without authorization since he set her up in the business. Processed foods It is permissible to buy olives or olive oil from olive press operators. This holds true only if the operator has a substantial amount; if the amount is small, it is suspected that perhaps he stole this from the owner. The foregoing is one example of many. The purchaser should examine each case. Kidnapping Whoever kidnaps a human being transgresses one of the Ten Commandments where it states, Thou shall not steal (Sh'mot 20:13). The mode of execution is by strangulation. A kidnapper, a man or a woman, becomes liable to the death penalty if he (1) kidnaps a Jew or proselyte, male or female, regardless of age; (2) takes him into his own property; (3) uses him for work; and (4) sells him to a non-relative. If the kidnapped person is still on his own property, there is no death penalty. Or if the kidnapper uses the victim and does not sell him or sells him without using him, there is no death penalty. There is no death penalty if he sells him to a relative of the victim, such as to his father or brother. There is no death penalty if one kidnaps his own son or his minor brother; or a guardian who abducts his ward; or a teacher who abducts his student. These are all prohibited and Beth Din should mete out proper punishment, but the automatic death penalty is not present. Residue situations Local custom is controlling as to what belongs to the owner and what belongs to the craftsman. A tailor is given fabric to sew clothes for the owner of the fabric. After he finishes the clothes there is enough fabric left to equal three by three finger breadths or large enough to draw a needle through it; he must return such residue to the owner. If less than that, he may keep it. A carpenter is given wood to manufacture furniture. The wood fragments that he planes off with an adze belong to him; those that he removes with an axe belong to the owner. If the carpenter is working at the owner’s home, everything belongs to the owner. Most often local knowledge will prevail. The populace knows who the thieves are and which merchants are suspect of selling stolen merchandise. I was told of the following incident that happened in New York, in a Jewish neighborhood. A lady was walking past a silver shop and saw what looked like her stolen candlesticks in the window. She entered the shop and told the store owner that those candlesticks looked like the ones stolen from her and she wanted to examine them. The store owner said “Lady take them and please leave.” The subject matter of this lesson is more fully discussed in volume IX chapters 358 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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