DailyHalacha.com for Mobile Devices Now Available

Halacha is In Memory of
 Eliyahu Shimon Behar z"l
"may his memory be for a blessing"

Dedicated By
his loving grandchildren

Click Here to Sponsor Daily Halacha
      
(File size: 918 KB)
The Obligation of Repayment When One Does Not Know Who He Stole From

If a person stole an item without knowing to whom it belonged, and several people claim that it belonged to them, to whom must he return it?

Consider the example of a wedding guest who had to leave briefly, and before leaving he went into the coatroom and took somebody's umbrella, with the intention of returning it when he arrives back at the wedding. In the end he never made it back to the wedding, and so he hung signs in the area with his contact information in the hope that the umbrella's owner would come forth. If five people call him and claim that it was their umbrella, to whom must he return the umbrella?

The Shulhan Aruch rules (Hoshen Mishpat 365:1) that if each person advances his claim confidently and is prepared to swear that the stolen object had belonged to him, then the thief must compensate all of them. He must return the object to one person and pay the others its value.

This applies to stolen money, as well, such as if somebody leaves the office late and, realizing he has no cash, takes a $10 bill he sees on a coworker's desk. The next morning, several different people in the office claim that the bill might belong to them. The thief must give $10 to each one of them.

These laws underscore the gravity of theft and of borrowing items without permission, which is legally equivalent to theft. One must ensure never to take an item belonging to somebody else without receiving expressed permission from the owner.

(Based on Dayan Shelomo Cohen's work "Pure Money," vol. 1, pp. 44-46)

Summary: It is forbidden to borrow an object without receiving permission from the owner. If a person steals an object or borrows an object without permission (which is equivalent to theft), and several different people claim that the object had belonged to them and are prepared to substantiate their claim to this effect, he must compensate them all. He returns the object to one of them and pays the others the object's value.

 


Recent Daily Halachot...
Can Eliyahu HaNavee Come On Shabbat?
Is It Permissible To Have A Seuda Inside A Bet Kennesset
Is It Permissible To Change Biblical Verses from Singular to Plural Form
Is It Required To Repeat The Beracha Of LiHitatef BiTzitzit If Removing The Talit For Just A Short While
Is It Required To Make The Beracha Of LiHitatef BiTzitzit Again If The 1st Talit Was Found To Be Pasul (Improper)
Is One Required To Stand For An Elderly Lady or Scholarly Woman
Is It Permissible To Simply Answer Amen and Rely On Another's Beracha Of LiHitatef BiTzitzit
Granting Precedence to a Jew When Hiring
Is It Permissible To Give A Non-Kosher Turkey To A Goy For Their Holiday
Yichud- 1) Must An Onen Follow The Laws of Yichud, 2) War and Yichud
Yichud- Is It Permissible For A Man To Be Alone With A Lady On An Express Elevator In A Skyscraper
Yichud- Is It Permissible to Be Alone with Mother, Father, Daughter, Son, Brother, or Sister
Tzineeut and The Proper and Improper Ways Of Socializing With Friends
How Could We Pray To G-d That Korbanot Be Accepted, When Today We Do Not Have Korbanot?
Some Laws Regarding Visiting or Seeing a Cemetery
Page of 239
3585 Halachot found