[Avodah] Stolen goods

Yitzhak Grossman celejar at gmail.com
Sun Sep 28 12:58:25 PDT 2008


On Sun, 28 Sep 2008 11:32:21 -0400
"Michael Kopinsky" <mkopinsky at gmail.com> wrote:

...

> 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.)

The language of Rambam (Gezeilah 5:1) and SA (HM 369:1):

"It is prohibited ('asur') to purchase stolen property from the
thief ... for anyone who does [this] thing and similar ones is 'mahazik
yedei ovrei aveirah' and has violated 'velifnei iver lo siten
michshol' ..."

> Michael

Yitzhak
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