למען נחדל מעושק ידינו – Some Common Cases of Theft
In Ne'ilah, we say: למען נחדל מעושק ידינו - "So that we may cease from the oppression of our hands." Why is this sin mentioned specifically in Neʼilah?
The sefer Avodas Massa on the Rambam (Introduction, pg. 10) explains: The navi Yeshayah (1:15) says: גם כי תרבו תפלה אינני שמע ידיכם דמים מלאו - “Even when you increase in prayer, I will not listen — your hands are full of blood." The Gaon explains: "blood" refers to theft. The Yerushalmi (Berachos 4:1) says: From where do we know to daven the tefillah of Neʼilah? Rav Levi says: from the pasuk: גם בי תרבו תפלה - "Even when you increase tefillah...” From here we learn that whoever increases in tefillah is answered.
Since the source of Neʼilah is this pasuk — and in that very pasuk the navi warns that one who has theft in his hands will not have his tefillos accepted — they instituted that specifically in Neʼilah we say: למען נחדל מעושק ידינו - “So that we may cease from the oppression of our hands." Each person accepts upon himself to stop and repair this sin, which blocks tefillah.
The Maharam Shif at the end of Bava Kama writes a different reason:
בא וראה תכלית השנה ימים טובים תבלית ימים טובים יום כפור. תבלית יום כפור נעילה ומתפללים להציל מעושק ידינו. והטעם אף בזה אפשר לומר לפי האמת במ"ש קץ כל בשר כו' לא נחתם גזר דינם אלא על הגזל. ובמדרש אמר ר"י ב"ז עונות חשיב ביחזקאל ומכולן לא חתם אלא על הגזל בו' וכיון שהחתימה על הגזל לזה בתפלת נעילה שהוא זמן החתימה כו' [מתפללים להציל מעושק ידינו]
Come and see: The highlight of the entire year is the Yomim Tovim. The highlight of the Yomim Tovim is Yom HaKippurim. The highlight of Yom HaKippurim is Ne'ilah. And in Neʼilah we pray to be saved from ‘the oppression of our hands'" (referring to the phrase we recite in the Neʼilah prayer: “so that we may cease from the oppression of our hands”). The reason for this, he explains, may be understood according to that which is written: “The end of all flesh has come before Me..." — that the final decree (by the generation of the Mabul) was sealed only because of robbery. The Medrash also relates: Twenty-four sins are enumerated in Yechezkel yet of all of them, the decree was sealed only on account of gezal etc. Since we see that a decree is only sealed when there is gezel, during Neʼilah which is a time
when our decrees are being sealed — we beseech from Hashem: “so that we may cease from the oppression of our hands."
The Chafetz Chaim's Neʼilah Derasha — Yom Kippur 5677
On Yom Kippur of the year 5677 (1917), when the Chafetz Chaim zt”l was living in the Russian town of Semyatich, he gathered his talmidim together before Neʼilah and delivered a stirring address — one that remained etched in the hearts of all who heard it.
With the awe of the closing moments of Yom Kippur upon them, the Chafetz Chaim began:
“We are now standing before the final judgment. Certainly, regarding sins between man and Hashem, each of us has already done teshuvah. But sins between man and his fellow — Yom Kippur does not atone for them until one appeases his friend."
He continued:
“It is possible that each of us once borrowed money and simply forgot to repay it. What shall we do now? How can we proclaim in Neʼilah: ‘So that we may cease from the oppression of our hands' — if we are not certain that we are free of such wrongdoing?"
Then the Chafetz Chaim offered a solution:
“Let each person establish for himself — right now — a specific day on which he will examine all his notebooks and records. If he discovers that he owes money to anyone, he will repay it immediately.
This commitment must be made with a full heart. And if so — it will be considered as though he has already fulfilled it."
With these words, the Chafetz Chaim concluded his derasha and instructed the congregation to begin the awesome tefillah of Neʼilah.
According to the Mesillas Yesharim — Most People Taste the Flavor of Theft in Business
The Mesillas Yesharim (Perek 11) writes:
"Although most people are not open thieves - they do not literally take their fellow's money and put it in their own pockets — nevertheless, most people taste the flavor of theft in their business dealings. They permit themselves to profit at the expense of their fellow and say, “I'm just earning money."
Yet many prohibitions were said regarding theft: “Do not oppress,” “Do not rob,” "Do not steal,” “Do not deny,” “Do not lie to one another,” “Do not wrong your brother,” “Do not move your fellow's boundary.” All these are different categories of theft, encompassing many actions common in business dealings — and all contain serious prohibitions. Not only is the obvious act of robbery forbidden, but anything that ultimately leads to it is already included in the prohibition."
It is very difficult to list all common stumbling blocks. But since theft prosecutes first (שגזל מקטרג בראש), and one cannot do proper teshuvah Bein Adam L’Makom unless he returns what he stole, for the benefit of the public we will list some common pitfalls and from these one should derive and think about other areas where he may have also transgressed either purposely or accidentally.
Neighbors Who Borrow and Do Not Return
At times, neighbors borrow items from one another. True, one may find grounds to judge favorably when it comes to small household necessities — a bit of flour, some vegetables, and the like — where it is common that people implicitly waive their rights.
However, there are situations in which a neighbor borrows a small sum of money, or an item such as a thermometer or similar object, and for some reason simply forgets to return it. If the lender does not forgo his claim to the item, then the borrower's failure to return it constitutes gezal, outright theft.
Purchasing Medication Through a Health Fund (Kupat Cholim) for Someone Not Insured There
Some people permit themselves to buy medications or medical supplies for someone who is not a member of their health fund (e.g., elderly parents who do not go to the clinic themselves), claiming: “Since I can acquire it for myself, I can acquire it for my friend."
But if the health fund knew that subsidized items were being sold for someone not insured with them, they would certainly not agree.
Similarly, some people have supplementary insurance, which grants many benefits and lower prices. There is no permission to buy products for someone who does not have supplementary insurance, even if he is insured with the same health fund.
Additionally, many health funds heavily subsidize products for postpartum women, but only for specific items needed for recovery. It is common that people enter a store and receive a receipt for those items, while actually purchasing a stroller or crib. This is certainly forbidden unless one has explicit permission from an authorized health-fund representative.
Filing an Insurance Claim Dishonestly
At times, Reuven rents out his car to Shimon for a day. Although the car is insured for damages and accidents, the insurance does not cover accidents that occur while the car is being rented out. If, chas vesholam, an accident happens while the renter is driving, and the repairs amount to a large sum, some people wrongly permit themselves to lie — claiming that they merely lent the car to a friend, without reporting that it was rented — in order to collect insurance money to which they are not entitled.
Claiming More Than the Actual Damage from an Insurance Company
Most insurance companies do not pay the full amount of a damage or theft claim, but only a certain percentage. Therefore, some people try to be clever and inflate the amount of the claim, so that after the insurance company deducts the
percentage specified in the policy, the remaining payment will equal the actual damage or theft.
But it is obvious that anyone who signs an insurance policy is agreeing to the terms written there, and if he collects more than what was agreed upon, he is simply a thief.
Building Additions That Harm Neighbors
There are cases in which a person builds an addition to his home that blocks light or otherwise damages his neighbor's apartment, or he erects pillars in the shared courtyard, claiming that he received a building permit properly, with the consent of 75% of the residents.
However, one must know that according to Torah law, such matters require the agreement of all the neighbors. And if the building addition is a sukkah, there is significant doubt whether one may even recite the berachah “leishev basukkah” there (see Mishnah Berurah, O.C. 637:4, and Pischei Choshen, Geneivah, Perek 6, note 47 at the end).
Repaying a Loan on Time
One who borrows money is obligated to repay the loan — and to do so at the agreed-upon time. This is obvious both from a halachic standpoint and from a moral one. Yet some people claim: “Since I have no money, I am exempt."
One must know that a borrower is obligated to minimize his expenses as much as possible in order to repay his debt. Any money he receives is halachically bound to be used toward repayment. And there is absolutely no heter to take out a loan when one has no realistic plan for how it will be repaid (see Ahavas Chesed, end of Vol. 2).
Loans Without the Lender's Consent
Some gemachim lend money to people in need for specific purposes, trusting the borrower's word and not demanding proof.
But sometimes people borrow money for luxuries (e.g., a vacation abroad in a hotel) or for things the gemach owner would never agree to lend for. This is geneivas daas, and possibly theft.
Buying Food on Credit and Failing to Pay on Time
R' Yom Tov Sanger in a shiur he gave on Shabbos Shuvah 5784 related:
Yesterday I entered a small butcher shop here in Bnei Brak and asked the owner how much money people owe him. He answered: “Approximately four hundred thousand shekels, and now, during the Yom Tov season, the amount will grow significantly."
If the debts are from customers who buy meat and pay within a month — as is customary — that is understandable. But those who pay after six months or a year, or, in the shopkeeper's own words: “There are debts on which I've already had to say kaddish" — this is unconscionable.
Who permitted customers to buy meat and poultry at the expense of the store owner, who is then forced to pay bank interest because of their unpaid debts?
In truth, it would be a far greater mitzvah to eat challah and salads on Shabbos without meat or chicken, rather than to buy "in honor of Shabbos" and fail to pay on time.
Illicit Copying of Tapes, Discs, and Computer Software
There are people who permit themselves to copy audio tapes, discs, or computer programs, claiming that they cause no financial loss to the copyright holder, since they would not have purchased the item anyway. It is important to publicize that this is not a valid heter, even when one copies solely for personal use and not for profit.
Paying for Causing a Blockage in the Drain of a Shared Building
In residential buildings, it is common that if there is a blockage in the drainage system, all the neighbors share the cost of the plumber. But it is clear that if the blockage was caused by diapers or wet wipes thrown into the toilet by one of the
neighbors, he must pay the full cost, and the other neighbors do not need to participate in the damage he caused.
This is very common in buildings where most residents do not have babies at home. In such a case, it is almost certain that the blockage was caused by one of the few who do have babies. If the person responsible does not admit his fault, he is taking money from the neighbors unlawfully.
Only when there is genuine doubt about who caused the blockage — and perhaps everyone's usage together contributed — then all must share in the repair cost.
Using a Supermarket Shopping Cart Outside the Store
Some people shop at a supermarket that provides shopping carts for use only within the store premises. Yet they take the cart all the way to their home, and often forget to return it. The cart then wanders through the streets until it becomes completely ruined.
There is no doubt whatsoever that this constitutes full-fledged theft.
Parking a Car in a Prohibited Area
In Mishneh Halachos (Vol. 4, siman 226), it is written that it is forbidden to stop one's car or park in a place where parking is prohibited, because doing so constitutes stealing from the public. The street belongs to everyone, and by blocking part of it, one deprives others of its proper use.
This is very common on main roads with two lanes of traffic, where a driver stops illegally so that his family can shop, and while he sits waiting for them, he effectively reduces the road to a single lane — causing everyone else to lose time because of him.
Paying for Public Transportation
Sometimes one boards a bus and cannot validate his Rav-Kav card because the machine is broken. According to the Ministry of Transportation, one does not need to pay, however, this is only when all the machines are broken. Therefore, if there is another machine elsewhere on the bus, one must validate his card there. And
certainly, if the bus is crowded and one cannot reach the machine, this does not exempt one from paying.
Sick-Leave from Work
Many doctors are willing to give a “sick-leave certificate” to anyone who asks, even if he is healthy and has no justified reason. One must know: Aside from causing the doctor to write falsehood, collecting payment for fake sick days is outright theft. This is very common before Yomim Tovim, especially before Pesach when there is much “work to be done."
Indeed, at times there is justification when the pressure may cause emotional strain, but certainly all these doubts must be judged as Dinei Mamanos shailos with at least the same seriousness with which people ask about meat and milk, ribbis, and other matters of issur v’heter.
Payments to a Babysitter
There is a common practice regarding payment for vacation days to a babysitter. This is not the place to detail all the rules, which depend on whether the child was there the entire year or only part of it.
Some people avoid paying for vacation days because the babysitter did not demand payment. But one must know that often she is embarrassed to ask from avreichim. And even if she says she forgives the payment, if it is not with a full heart, but only because she is embarrassed, it is considered outright theft.
This is clear from the Sefer Chassidim (siman 316; see also siman 1042) who says: If a person gives a gift only because he is embarrassed not to give it, it is forbidden to accept it — it is theft.
Additionally, some people regularly arrive late to pick up their child from the babysitter or kindergarten, in a way that would require extra payment. Even if the babysitter does not demand payment, it is forbidden unless she truly forgives it with a full heart.
Ordering a Taxi and Taking a Different One
Sometimes one orders a taxi from a taxi company, and since it does not arrive immediately (there are differing opinions among contemporary poskim how long one must wait — but within the city one must wait at least five minutes), one gets into another taxi.
Alternatively, a taxi passes by and one assumes it is the taxi he ordered, and only after beginning the ride does he realize it is a different taxi.
In such cases, one must find out which driver was dispatched and pay him minimum fare for a short ride.
(If the order was for an out-of-town trip at a set price, and the driver already began driving toward them — thereby refusing another out-of-town fare — there is room to discuss whether one must pay more than the fare of a short trip.)
Placing "Shemos” in a Genizah Bin Without Paying
Many places have genizah bins, and they require payment for depositing shemos, because it costs money to transfer the material to proper genizah, and sometimes workers must be hired.
Therefore, it is absolutely forbidden to place shemos there without paying.
This is just a short list of some common pitfalls. From these, one should derive and think about other areas where he may have also transgressed either purposely or accidentally on the prohibition of theft and do what he can to make amends.