Friday, September 21, 2018

Stealing from a gentile

There is a well known מחלוקת in the גמרא in  בב bava kama if gezel akum is asur or mutar. How is it possible that Gezel Akum should be mutar? Does the Torah really allow Jews to steal from gentiles? Many have been bothered by this problem to the point where they feel that the Torah is immoraly favoring Jews. How could the Torah allow such a blatant disregard of basic humanity, they ask. The truth of the matter is that the Torah is not at all advocating stealing from anybody. The Torah is simply (among other things) a divine  book of laws that was given to a certain community. These laws, for the most part. regulate, inter-community relations. These laws have nothing to do with external relations that are typically regulated by the civil laws of the land. Moreso, if the Torah did in fact forbid a Jew from stealing from a non-Jew the law would  be asymmetrical. How one legislate a certain behavior to one party in a transaction without binding the other party. Jews have to listen to the Torah so if the Torah cannot forbid a gentile to steal from a Jew it is only fair that the Torah would not forbid a Je w to steal from a gentile. Obviously there are other sets of laws that constrict the way a Jew would deal with a gentile just as the laws between gentiles.
Proof to this concept are  the laws of Shomrim. If a gentile deposits an item of property to Jewish possession to guard, the Jew is not obligated to pay for any damage that may befall that item even if the watcher was negligent. This again, is because gentiles are not discussed at all in the parasha of Shomrim

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