Torah.org Home Subscribe Services Support Us
 
Print Version

Email this article to a friend

Geneivas Daas1 3

This week we continue discussion of the basic aspects of the prohibition of Geneivas Daas. The early authorities argue as to whether the prohibition of ‘geneivas daat’ is from the Torah or the Rabbis. The Ritva brings the opinion of the Tosefta that this is a Torah prohibition and that it is learnt out from the passuk, “Do not steal, do not deny” (Vayikra, 19:11). Many other authorities also hold that geneivas daas is a Torah prohibition. The Shaarei Teshuva, however, writes; The Chachmei Yisrael considered this sin [of geneivat data] to be more severe than stealing from non-Jews.” This implies that this is a rabbinical prohibition because he refers to the Rabbis as the source of the prohibition. The opinion of the Rambam on this matter is unclear.

In contrast, in Hilchot Mechira, the Rambam compares geneivat daat in monetary matters, to onaat devarim and sheker in business (which are Torah prohibitions). From there, it seems that the Rambam holds geneivat data is midoraita.

Therefore, it seems that the Rambam holds that in general, geneivat daat is rabbinical, however, when it involves actual thievery of money, then it is forbidden from the Torah. Some authorities rule this way – that when a loss of money is involved in the geneivas daas then there is a Torah prohibition but if there is no monetary loss, then it is rabinically forbidden.


1. This article is based on a talk given by Rabbi David Genish, Shlita, Rabbi of Kehillat Meam Loez – an English speaking Sefardi shul in Ramat Beit Shemesh – one of the only English Sefardi shuls in the whole of Eretz Yisroel. For more information about the Meam Loez community, email me on: Gefen123@smile.net.il


 

Text Copyright © 2009 by Rabbi Yehonasan Gefen and Torah.org

Visit Rabbi Gefen's new blog at rabbiygefen.blogspot.com.

Rabbi Gefen's new book, The Guiding Light, is now available! To order, please contact Rabbi Gefen at Gefen123@smile.net.il or 00972 52 761 9935.


 

ARTICLES ON TERUMAH:

View Complete List

An Offering We Can't Refuse
Rabbi Pinchas Winston - 5759

Vows in a Time of Distress
Shlomo Katz - 5760

The Famous Ark
Rabbi Pinchas Winston - 5770

Looking for a Chavrusah?

Where Heaven Meets Earth
Rabbi Pinchas Winston - 5766

Use Your Giving Muscles
Rabbi Berel Wein - 5773

A Prior Commitment
Rabbi Yochanan Zweig - 5773

> Charity - A Lopsided Bargain
Rabbi Eliyahu Hoffmann - 5765

The Meaning of the Mishkan
Shlomo Katz - 5766

Taking - not Giving
Rabbi Yissocher Frand - 5756

Frumster - Orthodox Jewish Dating

Sanctuary Sweet Sanctuary
Rabbi Dovid Green - 5759

The Perfect Giver
Rabbi Pinchas Winston - 5771

Give & Take
Rabbi Mordechai Kamenetzky - 5756

ArtScroll

The Ultimate Elevated-Offering
Rabbi Pinchas Winston - 5767

The Inner Light
Rabbi Aron Tendler - 5758

Mikdash: The House that Man Builds
Rabbi Osher Chaim Levene - 5768

There are No Shortcuts
Rabbi Berel Wein - 5760



Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base




Help

About Us

Contact Us



Free Book on Geulah!




Torah.org Home
Torah.org HomeCapalon.com Copyright Information