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 TETZAVEH AND PURIM:

View Complete List

The Secret of Mordechai's Success
Rabbi Yehudah Prero - 5762

Where's Moshe?
Shlomo Katz - 5772

Joy That Lasts
Shlomo Katz - 5768

> Hey! You Never Know!
Rabbi Label Lam - 5772

A Divine Environment
Rabbi Yisroel Ciner - 5757

The Goodness Within
Shlomo Katz - 5773

Looking for a Chavrusah?

I Will Build a Mishkan in My Heart
Rabbi Yaakov Horowitz - 5767

Oil and Water
Shlomo Katz - 5774

A Major Player
Rabbi Label Lam - 5765

Frumster - Orthodox Jewish Dating

The Lesson of "Shmoneh Esrei" – 18 Repetitions of "As G-d Commanded"
Rabbi Yissocher Frand - 5767

Our Whole Selves
Rabbi Yaakov Menken - 5764

Inconspicuous Assumption
Rabbi Mordechai Kamenetzky - 5760

ArtScroll

Case Clothed
Rabbi Mordechai Kamenetzky - 5757

In Defense of Haman
Rabbi Dovid Green - 5760

Celebrate With Your Whole Self
Rabbi Yaakov Menken - 5758

Why Not Celebrate Our Hero's Birthdays?
Shlomo Katz - 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