Petty Larceny
By Rabbi Daniel Travis
God said to Noach, "The end of all flesh has come before Me; the world is
filled with crime because of them. I am going to destroy them with the
earth." (Bereshith 6:13)
The Great Flood destroyed almost all life on earth because of theft. The
items people stole were worth less than the value of a prutah - a very small
sum of money indeed. They were items of such little value that a beith din
would not even deal with their theft.1 Why did such "petty larceny" warrant
the destruction of so many living creatures?
Upon closer inspection we see that this seemingly minor crime can have very
far-reaching ramifications. Large-scale theft will never lead to the major
breakdown and eventual downfall of society, for society can protect itself
from such crimes with prisons and other penalties. It is the small crimes
which hover below the threshold of legal jurisdiction that drive a society
to ruin, for the justice system cannot prevent them.2
Halachah forbids us to steal even something whose value is less than a
prutah.3 Surely people do not care about such a small sum of money - can we
not assume that the owner will be willing to forgive the theft of something
of so little worth? Although he may pardon the actual loss, the owner would
certainly be distressed to know that he had been robbed of any amount at
all. From the moment the owner experiences that distress until the moment he
pardons the action the thief is liable for transgressing the prohibition
against stealing. Since the owner will be disturbed that he has been robbed,
the halachah declares that the action is forbidden.4
Since objects that are used frequently can be used up very quickly, we
should never assume that the owner will not mind if we "take only one." The
person who left a jar of instant coffee in the office, for example, may be
quite frustrated to find it empty after others have helped themselves.
Unless you are absolutely certain that your taking a spoonful or two will
not matter to the owner (i.e., the owner has told you, or has written so on
the jar), helping yourself to someone else's coffee would constitute an act
of theft, and a transgression of a Torah prohibition. In the same vein, one
can assume that a hotel owner does not want visitors to take home the
hotel's towels and washcloths, and that an airline company would not
appreciate people taking pillows and blankets from the airplane for their
home use.
A QUESTION OF INTEGRITY-If someone attends a wedding or another simcha, may
he bring food home for his wife or family? Answer in forthcoming e-mail.
Other questions welcomed.
1. Bereshith Rabbah 31:5.
2. Commentary of Rav S. R. Hirsh.
3. Sanhedrin 57a.
4. Sema, Choshen Mishpat 359:2; also, Maggid Mishneh on the Rambam, Mishneh
Torah, Laws of Theft 1:1.
Priceless Integrity, Copyright © 2001 by Rabbi Daniel Travis and Torah.org.
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