The Eighth Commandment

You shall not murder. You shall not commit adultery. You shall not steal. You shall not bear false witness against your neighbor.

He who kidnaps a man—whether he has sold him or is still holding him—shall be put to death.

(See above) We have heard the punishment, but not the exhortation. It is, therefore, written (Exodus 20:13) "Thou shalt not steal" — an exhortation against stealing a soul (i.e., kidnapping). You say it is an exhortation against stealing a soul, but perhaps it is an exhortation against stealing money? (Leviticus 19:4) "You shall not steal and you shall not deal falsely, etc." is already an exhortation against stealing money. What, then, is the intent of "Thou shalt not steal"? It is an exhortation against stealing souls. __ But perhaps the first is an exhortation against stealing money, and the second an exhortation against stealing souls? Would you say that? Three mitzvoth are mentioned in this section (Exodus — "Thou shalt not kill. Thou shalt not commit adultery. Thou shalt not steal." (the first) two are explicit, and the third unqualified. We learn the unqualified from the explicit. Just as the explicit are mitzvoth which are liable to judicial death penalty, so, the unqualified. You must perforce adopt not the second assumption, but the first — This (Exodus) is an exhortation against stealing souls, and the other (Leviticus) is an exhortation against stealing money.

You shall not steal; you shall not deal deceitfully or falsely with one another.

Anyone who steals property worth a penny or more transgresses the prohibition: "You shall not steal" (Exodus 20:15). One does not incur the penalty of lashes by breaking this prohibition, since the atonement for stealing is obtained by payment of the principal and the fine; the Torah requires the thief to repay. It makes no difference whether one steals the property of a Jew or a non-Jew, or whether one steals from an adult or from a minor.

According to the law of the Torah, it is forbidden to steal the smallest amount. It is likewise forbidden to steal in jest, or to steal with the intention of returning the object or paying for it. All this is forbidden, lest one may become addicted to it.

Who is a thief? One who takes a person's property secretly without the owner's knowledge, as when he puts his hand into someone's pocket and takes money out without the awareness of the owner, and so on. If, however, one took something openly, publicly, forcibly, he is not deemed a thief but a robber. Hence, if an armed robber stole something, he is not considered a robber but a thief, even though the owner was aware of the action at the time the robber was stealing.

Rav Yosef said to him: The reason that only a thief pays the double payment and not a robber is that a thief denigrates God by exhibiting fear of people by stealing surreptitiously while not exhibiting fear of Heaven. This is in contrast to a robber, who robs openly. Accordingly, the reason that I say that an armed bandit is considered as a thief, is since he hides from people rather than stealing openly. Although he in fact does steal openly, since he does so by employing a weapon he also exhibits fear of people, and is akin to a thief. Therefore, armed bandits are liable to pay a double payment as is a thief, and a claim that the deposit was seized by armed bandits is considered to be the same as a claim that it was stolen by thieves. Consequently, since a paid bailee is absolved by means of such a claim, if it is determined that his claim was false he must pay double.

If eligible witnesses testified that an individual committed a theft, he must pay the owner of the stolen property twice its value. If he stole one denar, he must pay two; if he stole a donkey or a garment or a camel, he must pay twice its value. Thus he loses in proportion to what he intended to despoil another.

If a thief has confessed of his own accord that he has stolen, he has to repay the capital value and is exempt from paying a double amount, as it is written: "He whom the judges condemn shall pay double" (Exodus 22:8), implying that a man who condemns himself does not have to pay double. The same rule applies to all fines: if a person admits his guilt, he is exempt [from paying fines].

The fine of double payment applies to everything except a sheep or an ox. If one stole an ox or a sheep and slaughtered it or sold it, he has to pay fourfold for the sheep and fivefold for the ox.

If a minor committed theft, he is exempt from paying double, but the stolen object must be returned to the owner. If the minor lost it, he is not liable to repay even its capital value, not even after he has reached full age.

The court should impose physical punishment upon minors, in proportion to their strength, for committing theft, so that they should not become addicted to stealing. So too, if they occasion other damage. If slaves steal or do damage, they too should be severely punished in order that they should not grow accustomed to cause injury.