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Interpersonal Mitzvot
Theft and RobberyIt is prohibited to steal, as the Torah states: “You shall not steal” (Leviticus 19:11), and it is likewise prohibited to rob, as it states: “And you shall not rob” (Leviticus 19:13). The terms “stealing” and “robbing” both refer to taking something that belongs to another without his consent. The difference is that whereas a thief who steals items acts secretly and furtively, the robber transgresses in the light of day and in the presence of his victim. Following is a summary of the laws of theft and robbery.
One may not take money or an item belonging to another without his consent. This includes even an item of little value.
Any use of another person’s property without his permission is considered theft, even if the one who used it subsequently returns the item to its original place and in its original condition. In order to use the property of another, one must first obtain explicit permission from the owner; one may not rely on the assumption that “he would obviously let me.” This is the halakha even when the two people in question are good friends.
It is prohibited to hide the property of others for the purpose of intimidation or amusement, even if the one hiding the item makes no use of it and intends to return it immediately.
In the following two cases it is permitted to make use of property belonging to others, even without their explicit permission:
(1) When it is an item whose value is negligible and owners typically do not object to others taking or using it, for example, taking a single tissue from a box of tissues. This leniency applies only if the owner of the item is absent when the user needs the item. If the owner is there, one must ask for and receive his consent.
(2) When the user knows without any doubt that the owner of the item allows him to use it, and also that it is an item that will not diminish in value as a result of its use. This permission is likewise not all-encompassing, but rather applies only on a case-by-case basis. One may not repeatedly and habitually take the item unless he receives explicit permission to do so.