Sunday, March 17, 2019

Theft from non-Jews in the Talmud



The Talmud is very complicated, not every statement is a law, sometimes it is a commentary or the opinion of a certain Rabbi, sometimes a stipulation or refutation, however the quotes below should give you a good idea about Talmudic reasoning on certain issues.

One of the Noahide Laws prohibits theft, however some commentators in the Jewish Talmud make the argument that Jews can lie to, steal from, and cheat non-Jews; the only rule is that the Jew must not get caught (“profane the name” of Jews and/or their god). According to the Talmud Jews must return the lost items of other Jews, but they may keep the lost items they find of “heathens”, unless they think the non-Jew will find out about the theft. In a commercial transaction, if a non-Jew makes a mistake in a Jew’s favor (for example, if the non-Jew undercharges the Jew), the money does not have to be returned. Some commentators say that a non-Jew may be actively and intentionally misled and deceived during a commercial transaction by disguising the low quality of goods.  There are even provisions for directly stealing from non-Jews, the prejudicial thinking behind this is that a Jew would give the objects for free while the non-Jew would ask for payment, so it is okay to steal it from the non-Jew.


JEWS MAY KEEP OBJECTS LOST BY GENTILES, BUT NOT THOSE OF JEWS UNLESS THEY THINK THEY WILL GET CAUGHT (PROFANE THE “NAME” OF GOD)

His lost article is permissible, for R. Hama b. Guria said that Rab stated: Whence can we learn that the lost article of a heathen is permissible? Because it says: And with all lost thing of thy brother’s: it is to your brother that you make restorationbut you need not make restoration to a heathen. But why not say that this applies only where the lost article has not yet come into the possession of the finder, in which case he is under no obligation to look round for it, whereas if it had already entered his possession, why not say that he should return it. — Said Rabina: And thou hast found it surely implies that the lost article has already come into his possession. It was taught: R. phinehas b. Yair said that where there was a danger of causing a profanation of the Name, even the retaining of a lost article of a heathen is a crime. – 1962 Soncino Babylonian Talmud, Baba Kamma 113b 

IT IS PERMISSIBLE TO PROFIT FROM THE MISTAKE OF A GENTILE 

Samuel said: It is permissible, however, to benefit by his mistake as in the case when Samuel once bought of a heathen a golden bowl under the assumption of it being of copper for four zuz, and also left him minus one zuz. R. Kahana once bought of a heathen a hundred and twenty barrels which were supposed to be a hundred while he similarly left him minus one zuz and said to him: ‘See that I am relying upon you.’ - 1962 Soncino Babylonian Talmud, Baba Kamma 113b 

IT IS PERMISSIBLE TO HIDE THE LOW QUALITY OF PRODUCTS FROM GENTILES 

Rabina together with a heathen bought a palm-tree to chop up [and divide]. He thereupon said to his attendant: Quick, bring to me the parts near to the roots, for the heathen is interested only in the number [but not in the quality]. - 1962 Soncino Babylonian Talmud, Baba Kamma 113b 

DIRECT THEFT FROM GENTILES (BECAUSE A JEW WOULD GIVE IT FOR FREE) 

R. Ashi was once walking on the road when he noticed branches of vines outside a vineyard upon which ripe clusters of grapes were hanging. He said to his attendant: ‘Go and see, if they belong to a heathen bring them to me,27  but if to an Israelite do not bring them to me.’ The heathen happened to be then sitting in the vineyard and thus overheard this conversation, so he said to him: ‘If of a heathen would they be permitted?’ — He replied: ‘A heathen is usually prepared to [dispose of his grapes and] accept payment, whereas an Israelite is generally not prepared to [do so and] accept payment. - 1962 Soncino Babylonian Talmud, Baba Kamma 113b

Footnote 
27: Especially since the branches were outside the vineyard and thus probably overhanging a public road; cf. B.B. II, 14.



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