Torah.org Home Subscribe Services Support Us
 
Print Version

Email this article to a friend

Geneivas Daas1 Part 4

Last week we discussed the opinion of the Rambam about geneivas daas, and whether it is a Torah or Rabbinical prohibition.

This week, we discuss the reasons for the prohibitions: There are a number of opinions on this issue: The Ritva learns the prohibition (issur) from ‘Do not steal’, and brings the Tosefta in Bava Kama, that says that there are three types of stealing, and ‘gonev daat habrios’ (deceiving people) is the worst of them all. This also seems to be the opinion of the Smag and Smak. From the Rambam, it seems that when monetary loss is involved, the issur is based on the prohibition to not steal. However, when there is no monetary loss, the source of the issur is the prohibition to not lie, because he ends the sentence there, writing that one should speak truthfully.

The Shaarei Teshuva includes one who is gonev daat as being in the group of liars. He stresses that this type of ‘geneiva’ is worse than regular stealing. This is because since he is not stealing his fellow’s money, rather his daat (ie. tricking him), it is as if he believes that HaShem doesn’t know his thoughts.

The Tur and Shulchan Aruch (Choshen Mishpat, Simun 228) bring this law together with that of onaah (this literally means afflicting, and in this case refers to harming someone monetarily by deliberately overcharging or underpaying them), implying that its source is onaah and not stealing.


1. This article is based on a talk given by Rabbi David Genish, Shlita, Rabbi of Kehillat Meam Loez.


 

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 YOM KIPPUR:

View Complete List

Body and Soul
Rabbi Pinchas Winston - 5763

Call to Arms
Rabbi Mordechai Kamenetzky - 5758

Must it Be the Same Old Me?
Rabbi Eliyahu Hoffmann - 5761

Looking for a Chavrusah?

Merits, Middles and Majorities
Rabbi Yehudah Prero - 5766

To Avoid the Rough Road!
Rabbi Label Lam - 5772

Time to Return
Shlomo Katz - 5768

ArtScroll

Did You Hear?
Rabbi Yehudah Prero - 5763

Viduy: I Confess!
Rabbi Osher Chaim Levene - 5768

Growing Through the Holidays: Rosh Hashana, Yom Kippur and Sukkos
Rabbi Pinchas Winston - 5774

Frumster - Orthodox Jewish Dating

After Six Comes Seven
Rabbi Yisroel Ciner - 5762

Guilt is Good!
Rabbi Label Lam - 5767

'Sin... Don't Laugh!'
Rabbi Yaakov Menken - 5755

> Understanding Our Special Conduct
Rabbi Yehudah Prero - 5755

Saying Is Believing
Rabbi Yochanan Zweig - 5771

Saying Is Believing
Rabbi Yochanan Zweig - 5772

A Yom Kippur to Remember
Rabbi Eliyahu Hoffmann - 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