Lesson # 289 • Laws of Robbery, Coveting, and Desiring and Restoring the Robbed Object In these lessons, as in the lessons dealing with theft, we do not deal with the criminal aspects of robbery, but rather with the civil laws, that s, between the robber and the victim. As stated in previous lessons there is a difference between robbery and theft. The thief does not want the victim to know that he is stealing the victim’s property. The robber, usually blatantly faces the victim when he robs him; the victim knows that he is being robbed. In these lessons, as in previous lessons, the robber shall be called Reuven and the victim shall be called Shimon. The Transgressions There are five commandments regarding robbed property; four negative and one positive. (1) not to commit robbery; (2) not to withhold due obligations; (3) not to covet; (4) not to desire; and (5) to restore objects obtained by robbery. If one robs another of his objects, it is regarded as if he took his life. “So are the ways of everyone that is greedy of gain, he takes the life of the owner’s thereof.” (Mishlei 1:19). Robbery If Reuven robs Shimon of an object worth at least a p'ruta, (the smallest coin at the time of the Talmud) he transgresses the Torah command, “You shall not cheat your fellow and you shall not rob.” (Vayikra 19:13) The prohibition applies to robbing Jews or Gentiles. A G-d- fearing person will not take anything even if the owner is not particular as to the thing taken. One example given is passing by a wooden fence that has loose splinters and taking a splinter to clean one’s teeth. If everyone will continue to do this, after some time the fence will no longer be standing. Other examples, (1) Shimon invites Levi to his home and serves him tea and Reuven comes uninvited. Shimon is embarrassed not to offer Reuven tea and Reuven accepts, knowing that if Shimon did not offer tea to Levi he would not have offered tea to him, and; (2) to take snuff or a cigarette from his pack if it is on his table or to use his matches. These examples are subject to being worth at least a peruta. Robbery includes Reuven’s taking Shimon’s object by force, by seizing an object from Shimon’s hands, by entering Shimon’s premises without permission and taking objects, by seizing Shimon’s animal and making use of it, by entering Shimon’s field and eating produce, or by any similar acts. Robbery includes taking the object without the knowledge of the owner, with the intent to return it or to pay for it, or to return an object worth more than the robbed object. One must not rob using a ruse; for example a person going through the marketplace and tastes something from each store, pretending he is tasting food to decide if he wants to buy it. Shimon owes money to Reuven and Reuven enters Shimon’s house to seize an object as collateral for the debt. The prohibition is compounded if the money due from Shimon to Reuven arises from an unpaid loan. In such an instance Reuven transgresses additional commandments of a lender not being permitted to enter the house of a borrower to take collateral. Withholding obligations Reuven comes into possession of Shimon’s money with his consent. He withholds it forcibly and does not return it when Shimon demands its return. For example, Reuven owes Shimon money from a loan or for wages, and when Shimon claims the money, Reuven refuses to turn it over, and Shimon cannot obtain it because Reuven is an overbearing and tough person. Reuven transgresses the Torah command, “You shall not cheat your fellow.” Covet Reuven covets an object belonging to Shimon that is possible for Reuven to purchase from Shimon, and he pesters and annoys Shimon until he sells the object to him. Reuven has transgressed the Torah command “You shall not covet”. This holds true even if he pays a high price. The transgression takes place when he buys the object; it must entail an act by Reuven.(2) Shimon has a trade and Reuven wants to learn the trade. Shimon refuses to teach the trade to Reuven. Reuven pressures Shimon’s friends to pressure Shimon to teach Reuven the trade. This is a transgression of the commandment not to covet. Desire Reuven transgresses the Torah command “You shall not desire” as soon as he thinks in his mind how he will acquire the desired object from Shimon and allows his mind to think of this over and over. Desire leads to coveting and will lead to robbery, and if Shimon protects himself from robbery, it may lead to bloodshed. It may be that Reuven commences by transgressing only one prohibition by desiring Shimon’s object; and then when he acquires it by pressuring Shimon to sell it to him, he transgresses the second prohibition. And if Reuven is not successful in pressuring Shimon to sell and then he robs him of the object, Reuven transgresses three commandments. Seizing an object from Shimon Reuven seizes an object from Shimon’s hand and there is one witness to the seizure. Shimon brings a lawsuit to recover the object, and Reuven pleads that the object is his. Reuven pleads that Shimon is holding the object for him, or he purchased it from Shimon, or Shimon told him to take the object in payment of a debt, or any other reason why Reuven would be seizing the object. The witness does not know if the plea of Reuven is true. Since the witness has not contradicted Reuven, Reuven is not permitted to take an oath. And therefore he must restore to Shimon the object that he seized. The Torah Command to Restore the Robbed Object The Torah commands a robber to restore the very object that he robbed as it is written, “He shall restore the robbed object that he robbed” (Vayikra 5:23). If the object is lost or altered he must pay its value. According to Torah law if Reuven robbed a beam from Shimon and placed it in his roof, he must now restore the beam to Shimon, even if it means pulling down his entire house. He does not have the option to restore money in place of the object. He does not have the option to pay money instead of the object. Rabbinic decree The Rabbis of the Talmud, in order to encourage transgressors to repent, decreed that in such a circumstance Reuven need not tear down his house but may pay for the value of the robbed beam. When Reuven is ready to repent, or was adjudged by Beth Din to be the robber of the object, since it did not undergo any physical change, he is ordered to restore the object that which he robbed. Or Beth Din will determine if he must restore the robbed object if it is in the state it was robbed, or may make a money payment in its place. The subject matter of this lesson is more fully discussed in volume IX chapters 359 & 360 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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