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Rabbi Yoni Rosensweig
                                                       EIGHT

                                                     בֹנ ְ ג ִ ת אלֹ

             Do Not Steal: A Different Perspective






             he  prohibition  of  stealing   for himself but rather to eventu-   Throughout our lives, we are some-
             seems obvious at first glance.   ally return it to the owner – this is a   times quick to judge others accord-
      TWhat new idea can we                 lawful act, which is not prohibited in   ing to their actions. We erroneously
       learn from this seemingly obvious    any way.                             believe that the external result of
       emphasis?                                                                 their actions is sufficient for us to
                                            However, a thief is considered as    render some sort of judgment.
       When we look at the legal form this   committing a prohibition for pre-
       law takes and infer the philosophical                                     These Corona times offer several
       underpinnings of the law from that   cisely this reason: his intent. Since   good examples of why this is wrong.
       form, we can understand something    the thief intends to remove the object   If one were to say: “I know some-
       that can change the way we evaluate   from the possession of its owner, and   one who hasn’t visited his parents in
       our actions and those of the people   the owner does not intend to give it   months,” we might think this individ-
       around us.                           to him (because if he did, it would be   ual was not a good son or daughter.
                                            lending or selling) – he is a thief.  This  is  certainly  a  valid  conclusion,
       What is ownership? How is owner-                                          but it is only one of several we could
       ship  effected?  The  simple  answer                                      infer from this information. I think
       would be that when something is                                           we all understand that in current cir-
       in my possession, physically (in my                                       cumstances, such information would
       hands, or within a place that belongs                                     not imply a lack of respect for parents,
       to me, such as a house or a car, etc.)                                    but rather an attempt to ensure their
       – it is mine, and when it is not in my                                    safety.
       possession, physically – it isn’t. How-
       ever, this is not entirely true, as we                                    While the action – or in this case the
       don’t always have our possessions in                                      non-action – of both the caring child
       our hands. For example, if I lend a                                       and the neglecting child is the same,
       neighbor a book, a hammer, a chair,                                       the intent is what really matters.
       etc. – has it ceased being mine? When
       I give the bank my money for safe-                                        And this is what we learn from the
       keeping, has it switched owners? Of                                       prohibition to steal: intent is a pivotal
       course not!                                                               factor, and our judgment of the things
                                                                                 happening around us must always
       The Torah discusses the level of lia-                                     take this  into account. And since,
       bility and responsibility these indi-                                     more often than not, the exact extent
       viduals have towards the objects     What this shows is that ownership is   of a person’s intent is unknown to us,
       entrusted to them by the owners, but   not primarily about a given state of   perhaps we should be more modest
       the object is still – at its core – an   affairs, or even about an action taken   in our clear-cut evaluations of others.
       object which belongs to the owner.   at a specific time. One could own an   Before we jump to conclusions, let us
                                            object even if it is on another con-  try and judge people favorably and
       This is an important point because                                        meritoriously, as we would like them
       it saves the person now holding the   tinent, a different time zone, and in   to judge us too.
       object from being a thief. In other   the hands of another person. The
       words, since the owner intends to    difference between someone who has
       temporarily detach himself from      borrowed an object and someone who   Rabbi Yoni Rosensweig  is a community
       ownership by giving the object to    has stolen it is mostly this: the intent   Rabbi of the Netzach Menashe community
       someone else, and that someone else   they have when the object comes into   in Beit Shemesh and the author of several
       does not intend on stealing the object   their care.                      books



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