What Is Considered Theft in Jewish Law?
By Torah law, it is forbidden to take someone else's property by force or without permission. As written in Leviticus: “Do not oppress your neighbor or rob him” (Leviticus 19).
Anyone who violates this prohibition is obligated to return the stolen item to its rightful owner. This too is derived from Leviticus: “He shall return the stolen item that he stole” (Leviticus 5:23). In certain cases, when the Temple stood, the thief was also required to add a fifth to the value of the stolen item and bring a guilt offering known as asham gezelot.
Our Sages taught: “One who borrows without permission is like a thief.” This means that even taking an item with the intent to return it is considered theft if the owner did not give their consent. However, there are some exceptions to this principle, such as when it is presumed the owner would be pleased for a mitzvah to be performed with their property.
When Theft Affects the Public
The Tosefta in Bava Kamma states: “Theft from the public is more severe than theft from an individual, because one can appease an individual and return what was stolen, but not the public.” The Talmud adds that those who steal from the public, like shepherds who graze in others' fields or tax collectors who overcharge, face a particularly difficult path of repentance because there is not one specific individual who needs to be repaid.
Nevertheless, the Sages established that if one can identify a specific victim, they must return the stolen goods. For the remainder, the thief should contribute to public needs (tzorkhei rabbim), which the victims may indirectly benefit from. This ruling appears in Shulchan Aruch, Choshen Mishpat 366:2.
In another section of Shulchan Aruch, it is ruled that a merchant who deceives customers through dishonest weights and measures cannot fully repent (Choshen Mishpat 231:19). 16th-century halachist Rabbi Yehoshua Falk Katz (author of the Sefer Meirot Einayim) explains that while contributing to public welfare counts as partial repentance, it does not suffice for full atonement, since the stolen property cannot be returned to its rightful owners. He qualifies that this type of theft is more severe than even serious sins like immorality or idol worship, which are offenses between man and Hashem, and man can achieve atonement through remorse, confession, and self-affliction.
Repairing the Damage and Teshuvah (Repentance)
Despite the severity, the Aruch HaShulchan offers encouragement for those seeking to repent for public theft: “When one engages in communal good, Hashem will ensure that each victim or their heir benefits proportionally, and that they will forgive the thief. One who comes to purify himself is helped from Heaven” (Choshen Mishpat 366:3).
The Talmud gives a practical example of such public benefit: digging water wells for communal use, since everyone can potentially benefit from them. Rashi explains this qualifies as “a need of all.”
The Chafetz Chaim, in Ahavat Chesed, quotes the Shelah, who writes that donating books to a synagogue or study hall is another valid way to benefit the public.
Rabbi Moshe Feinstein adds an important clarification: this type of giving must be done discreetly. If the donation appears to be a voluntary, benevolent gift to the community, the act loses its effect. To effectively achieve atonement, the contribution should be anonymous or inconspicuous.
Jewish law outlines a detailed and demanding process of restitution and repentance for theft, especially when the damage affects the public. Yet, even in the most difficult situations, the path of teshuvah remains open. Through integrity, humility, and meaningful action for the public good, one can begin to repair what was taken and find their way back.
