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 SHOFTIM AND ELUL / ROSH HASHANAH:

View Complete List

Enticement To Worship Avodah Zarah Is Worse Than The Act Itself
Rabbi Yissocher Frand - 5772

We Are the Kings Children
Shlomo Katz - 5760

Circumstantial Repentance
Rabbi Yehudah Prero - 5763

ArtScroll

The Most UN-Just
Rabbi Label Lam - 5770

So It Is Written
Rabbi Label Lam - 5765

Appointing An Unworthy Judge = Planting An Ashera: Why?
Rabbi Yissocher Frand - 5773

> Encouraging News Before Rosh Hashana
Rabbi Yissocher Frand - 5757

You Cannot Hide
Rabbi Raymond Beyda - 5764

Past, Present, and Future
Rabbi Berel Wein - 5763

Frumster - Orthodox Jewish Dating

If the Shoe Fits Much Better…
Rabbi Label Lam - 5764

Matters of Dispute in Your Cities
Rabbi Yissocher Frand - 5756

Playing Fair
Rabbi Berel Wein - 5761

Looking for a Chavrusah?

Benefiting from the Benefit of the Doubt
Rabbi Yehudah Prero - 5767

In A Theatre Near You
Rabbi Label Lam - 5764

Starting From Scratch
Rabbi Pinchas Avruch - 5764

Looking to the Future
Rabbi Yaakov Menken - 5764



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