[Avodah] Stolen goods

[Michael Kopinsky]

(Carried over from Areivim)

On Fri, Sep 26, 2008 at 2:17 PM, Zev Sero <zev at sero.name> wrote:

> Stadlan, Noam wrote:
>
>> While some may note that halacha may state that there is no obligation
>> to return the objects of non-Jews, imagine this scenario.  A person
>> steals money, and then offers the money to people, all the while
>> pronouncing to one and all that the money that is being offered is
>> stolen, and even pointing out the victim of the theft.  Does halacha
>> really allow you to stand in line for a hand out from this person?
>>
>
> I don't see why not.  It would of course be a midas chassidus and a
> great kiddush hashem if one were then to return ones share to the victim,
> but one certainly need not be moser nefesh for that.
>

The CC in Sefer Hamitzvos Hakatzar writes that the issur of geneiva is to
steal, or to deal with stolen goods.  (I also thought it was a pele gadol
that he said that.)  The chinuch (224) does not include it in the
description of the issur, but does include the following in dinei hamitzvah:

"umah she'amru she'asur liknos miyad ganav, mipnei shemachzik y'dei ovrei
aveirah, v'chein kol davar shechezkaso shehu ganuv asur likach oso,
ul'fichach amru z"l she'ein lokchin min har'oim tzemer chalav ug'dayim,
v'chein ein lokchim mishomrei eitzim o peirors ela bimkomos yiduim, v'derech
klal amru: v'chulam she'amru "hatmen" asur likach meheim."

It is worth noting that he holds (unlike the CC) that the problem of buying
stolen goods is machzik y'dei ovrei aveirah, not geneivah.  (I'm tempted to
say that's what the CC meant, but there's no way to fit that into the
lashon.)

While this is still not enough reason to be moseir nefesh, this seems to be
an issue of issur, not just midas chassidus.

KT,
Michael
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.aishdas.org/pipermail/avodah-aishdas.org/attachments/20080928/a46f069c/attachment-0001.htm>