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stealing people as well. In addition, it is logical to distinguish between
the two. In the case of property it is principally the stealing that is pro-
hibited and doing so even as a joke or to inflict pain is also considered
stealing. In the case of stealing a person however, the death penalty is
principally incurred for selling the victim, so as long as the purpose of
the theft is only to cause pain there is no sin of selling involved. This is
somewhat implied by Rabbi Yochanan’s statement inSanhedrin (86b):
“Stealing is the beginning of [i.e. the first step towards] selling.”

Therefore in our case, if the abductor intends holding onto the
child as a means of exerting pressure on the father to return what he
stole there is nothing wrong with this. Just as there are those who say
that if a person sees someone else stealing he is allowed to beat him
until he returns what he stole [as stated by the Chochmas Shlomo
in the margin of Shulchan Aruch, Choshen Mishpat 348] it is also
permissible to exert pressure by temporarily stealing the child until
the father returns what he stole. Although the Chafetz Chaim (Rule
7, Be’er Mayim Chaim, 31) concludes that there is no allowance for
anyone besides a dayan to administer a beating to someone who is
suspected of stealing,1 this only applies to hitting, for which no resti-
tution is possible for the pain cannot be relieved. In regard to taking a
child however, who after a few minutes will be returned to his father,
all will agree that it is permitted, particularly since this is not an act
of geneivah (thievery) because everyone witnesses the child being
snatched.

However, to steal a different object in place of the stolen one i.e.
to take something from the thief that he had not stolen as collateral
for the stolen object is forbidden, as stated in Choshen Mishpat (4),
though to do so in order to exert pressure is permitted. The Nesivos
(Nesivos Hamishpat on Choshen Mishpat, 3, 1) explains that every
person – not only beis din – has an obligation to prevent a fellow Jew
from violating a prohibition. See also Chasam Sofer (Choshen Mish-
pat, 177), and thus writes the Minchas Chinuch (Mitzvah 558). The

1. This topic is discussed at length earlier, siman 64,‘Response to Question Two.’

Removing a Child from the Parents’ Custody 2 233