Rambam - 3 Chapters a Day

When a person weighs for a colleague using weights that are less than the weights accepted by the people in that country, or he measures using a measure that contains less than the measure used by people in that country, he violates a negative commandment, as Leviticus 19:35 states: "Do not act deceitfully with regard to a judgment concerning measures, weights and liquid measures."

Although a person who measures with an inaccurate measure or weight is a thief, he is not required to make a double payment of the stolen amount. All that is necessary is to give the proper measure of the article that was sold. Lashes are not given for the violation of this transgression, because the thief is obligated to make financial restitution.

Whoever possesses an imperfect measure or weight in his home or store violates a negative commandment, as Deuteronomy 25:13 states: "You shall not have in your pocket two sets of weights...." One may not even use the imperfect measure as a chamber pot. For even if one does not use the imperfect measure oneself to buy and to sell, another person who does not know that it is imperfect may come and use it as a measure.

Lashes are not administered for the violation of this transgression, because it does not involve a deed.

If a standard seal was affixed to all the measures and weights in a city, and the imperfect measure did not have such a seal, it is permitted to leave it for other household purposes.

Similarly, when a sela became blemished at its side, a person should not use it as a weight, nor should he cast it among his pieces of scrap metal, nor should he drill a hole in it and hang it around his son's neck, lest another person come and make it appear as a weight. Instead, one should grind it into powder, cut it into small pieces, pulverize it, or throw it into the Dead Sea.

If the size of a sela was reduced to the extent that it was halved, it may be used. If it was reduced to less than half or more than half, it should be cut until it becomes a half.

If it was reduced by less than one sixth of its worth, it may be used for buying and selling, but not as a weight. The reason it may be used is that most people will forgo any loss that is less than a sixth.

When a sela is damaged in its center, it may not be sold to a killer or a thief, for they may use it to deceive others. One may, however, place a hole in its center and hang it around a child's neck.

A person should make his measures the size of a se'ah, half a se'ah and a quarter of a se'ah, a kav, half a kav, a quarter of a kav, an eighth of a kav and a twenty-fourth of a kav. He should not, however, make a measure of two kabbim, lest it be mistaken for a quarter of a se'ah, which is a kav and a half.

Similarly, with regard to liquid measure, one should make a hin, half a hin, a third of a hin, a quarter of a hin, a log, half a log, a quarter of a log, an eighth of a log and a sixty-fourth of a log.

The Sages did not forbid one from making a third of a hin and a quarter of a hin, although they could be confused with each other, because there were such measures in the Sanctuary from the time of Moses our teacher onward.

Whether a person deals with a Jew or a gentile, if he measures or weighs with a measure that is lacking, he transgresses a negative commandment and is obligated to return the difference.

Similarly, it is forbidden to deceive a gentile with regard to an account; instead, one must reckon carefully with him, as Leviticus 25:50 states: "You should reckon with his purchaser."

This applies with regard to a gentile who is under your control; surely it applies to one who is not under your control. A person who performs such deceit is included among those about whom Deuteronomy 25:16 says: "They are an abomination unto God, all who do these things, all who act crookedly."

Similar principles apply regarding the measurement of land. If a person deceives a colleague with regard to the measurement of land, he transgresses a negative commandment, as implied by Leviticus 19:35: "Do not act deceitfully with regard to a judgment concerning measures...."

"Measures" refers to the measurement of land. The verse is saying that one should not act deceitfully with regard to any judgment, be it a judgment concerning measures, one of weights or one involving a tiny liquid measure, the size of a mesurah.

When the members of a company are exact in their dealings with each other, and they exchange one portion of a sacrificial offering for another, or they borrow food and then return its equivalent, they transgress the prohibition against false measures, false weights and false amounts if they do not return the exact amount. If the exchange takes place on a festival, it is also a transgression of the prohibition against borrowing and repaying on a festival.

A person who usurps the property boundaries of a colleague and includes even a fingerbreadth of a colleague's landed property in his own property transgresses. If he acts openly, by the power of force, he is a robber. If he acts with stealth, he is a thief.

If he usurps a colleague's property in Eretz Yisrael, he transgresses two negative commandments: the prohibition against either theft or robbery, and the prohibition against moving a property boundary. One is liable for the transgression of this negative commandment only in Eretz Yisrael, for Deuteronomy 19:14 states: "Do not usurp the property boundaries of a colleague... in the heritage that you will acquire...."

The punishment for the person who uses false measures is greater than the punishment for licentious sexual behavior, for this is a sin between a person and his colleague, and this is a sin between a person and God.

Whoever denies the mitzvah of just measures is considered as if he denied the exodus from Egypt, which is the first of God's commandments. Conversely, one who accepts the mitzvah of just measures is considered as if he acknowledges the exodus from Egypt, which brought about all of God's commandments.

It is a positive commandment to correct the scales, weights and measures carefully and to be exact in their measure when making them, as Leviticus 19:36 states: "You shall have correct scales...."

Similarly, with regard to the measurement of land, one must be exact according to the principles of geometry. Even a fingerbreadth of land is considered to be a great loss, as if it were filled with saffron.

The four cubits that are next to an irrigation ditch need not be measured carefully, and those that are next to a river bank are not measured at all, for they belong to the public domain.

A person who measures land should not measure the portion of one partner in the summer and of the other in the winter, because a rope will contract in the summer. Therefore, if the measurement was made with a rod, with iron chains or with the like, the differences in season are of no consequence.

Weights should not be made of iron, lead or other metals of that nature, for they rust and become reduced in weight. One should make them from marble, glass, diamond and the like.

The stick used to level the top of a dry measure should not be made of a gourd, because it is too light, nor of metal, because it is too heavy. Instead, it should be made of olive wood, walnut, box wood, sycamore wood or the like.

The stick used to level the top of a dry measure should not be made with one side narrow and one side thick. One should not level a measure slowly, bit by bit, for in doing so the seller is cheated, nor should it be leveled in one fell swoop, for by doing so the purchaser is cheated.

One may not bury weights in salt so that their weight will be reduced, nor may one heat while measuring a liquid.

This applies even if the measure is very small, for the Torah was concerned with even the slightest deviation from an honest measure, as implied by the mention of a mesurah in Leviticus 19:35. A mesurah is a very tiny measure, merely a thirty-third of a log.

Sellers of scrap iron and the like should construct the scale they use in the following manner. The balance that the person who is weighing holds in his hands should hang freely in the air for at least three handbreadths, and should be three handbreadths above the ground. The length of the center pole and the length of the cables should be twelve handbreadths.

A scale used by wool merchants and glass merchants should be constructed in the following manner. The balance should hang freely in the air for at least two handbreadths and should be two handbreadths above the ground. The length of the center pole and the length of the cables should be nine handbreadths.

A scale used by an ordinary storekeeper and a house-owner should be constructed in the following manner. The balance should hang freely in the air for at least one handbreadth, and should be one handbreadth above the ground. The length of the center pole and the length of the cables should be six handbreadths.

The cables on which the balance is hung, and similarly the cables of the scales used to weigh gold and used by merchants of purple fabric should be three fingerbreadths long and should be three fingerbreadths above the ground. No standard measure was given for the length of the balance and the length of its chains; it depends on the desire of the person doing the weighing.

What is the source that teaches us that one must tip the balance in favor of the purchaser when his purchase is being weighed for him? Deuteronomy 25:15 states: "You shall have a perfect and just weight." The Torah's statements can be interpreted to mean: "Justify your balance from what you have and give it to him."

How much should the seller tip in the purchaser's favor? With regard to liquid measure, one hundredth of the amount purchased. With regard to dry measure, one four-hundredth of the amount purchased.

What is implied? If he sold him ten pounds of a liquid measure, he should give him one tenth of a pound as an extra amount. If he sold him twenty pounds of a dry measure, he should give him an extra twentieth of a pound. This ratio should be followed regardless of whether the amounts involved are great or small.

When does the above apply? In a place where it is customary to sell by looking at the scale. In a place where it is customary actually to tip the balance, one must tip it at least a handbreadth in favor of the purchaser.

If the seller had to weigh ten pounds for the purchaser, the purchaser should not say: "Weigh them out one at a time and tip the balance each time." Instead, the seller may weigh out all ten at once and tip the balance only once for the entire amount.

In a place where it is customary to measure with a small measure, one should not measure with a large one. In a place where it is customary to measure with a large measure, one should not measure with a small one.

Where it is customary to even off the measure, one should not sell a heaping measure and raise the price, nor where it is customary to give a heaping measure should one sell a level measure and reduce the price. Instead, one should measure according to the local custom.

When the inhabitants of a locale desire to increase the size of the measures or weights, they should not increase them more than a sixth. For example, if a kav held five measures, they may establish it as holding six. They should not, however, establish it as holding more than six.

A wholesale merchant must clean his measures once every 30 days. A house-owner must do this every twelve months, and a storekeeper twice a week. Once a week, he must wash his weights, and he should clean the balance after every time that he weighs, so that it will not rust.

A person who desires to weigh three-fourths of a pound of meat should place a pound weight on one side of the balance and place the meat and a quarter-pound weight in the other side of the balance. If one said that he should place a half-pound weight and a quarter-pound weight on one side and the meat on the other side, it is possible that the quarter-pound weight will fall without being seen by the purchaser.

The court is obligated to appoint police in every city and town to inspect the stores periodically, correct the scales and measures, and set the prices. They are permitted to beat any person who possesses an unjust measure or weight or an improper balance according to his capacity, and to fine him as the court sees fit to enforce the matter.

Whenever a person raises prices and sells at a higher price, he may be beaten and compelled to sell at the ordinary market price.

Whoever kidnaps another person transgresses a negative commandment, as Exodus 20:13 states: "Do not steal." This verse is stated in the Ten Commandments and serves as a warning against kidnapping.

Similarly, a person who sells a kidnapped person violates a negative commandment, for this is included in the adjuration, Leviticus 25:42: "Do not sell him in the manner a servant is sold."

These two transgressions are not punished by lashing, because they involve capital punishment, as Deuteronomy 24:7 states: "When a person is found stealing one of his brethren... that thief shall die." He is to be executed by strangulation.

A kidnapper is not liable for capital punishment unless he kidnaps a Jewish person, brings him into the kidnapper's own domain, makes use of him, and then sells him to others, as Deuteronomy, ibid. states: "And he makes use of him, and sells him."

Even if he makes use of his services for a minor matter, not worth a p'rutah - e.g., he leaned on him or used him as a shield, even if the abducted person was asleep at that time - the kidnapper is considered to have made use of him.

If the kidnapper kidnapped a person, made use of him, and sold him without taking the abducted person from his own domain and bringing him into the kidnapper's domain, he is not liable for capital punishment. Similarly, he is not liable for capital punishment if he kidnapped him, brought him into the kidnapper's domain, made use of him, and did not sell him, or sold him before he made use of him.

Similarly, if the kidnapper made use of the abducted person, but sold him to one of the abducted person's relatives - e.g., he sold him to his father or his brother - he is not liable for capital punishment. For the above verse mentions "stealing... of his brethren." Implied is that the abducted person must be separated from his brothers and relatives through this sale.

Similarly, if the kidnapper kidnapped the abducted person, made use of him, and sold him - all of this while the abducted person was sleeping, the kidnapper is not liable for capital punishment.

Similarly, if he kidnapped a pregnant woman and sold only her offspring - i.e., he made an agreement with the purchaser that he retained possession of the woman, and the purchaser is entitled only to her offspring, he is not liable.

The following individuals are not liable for capital punishment: a person who kidnaps his son or a brother who is below majority, a guardian who kidnaps the orphans who are in his trust, a house-owner who kidnaps one of the members of his household, and a teacher who kidnaps one of the students studying under him.

This applies even if the kidnapper makes use of and sells the abducted person. This is derived from the exegesis of Exodus 21:16: "And he is found in his hand." This excludes those who are constantly found in their hand.

A kidnapper - either a male or a female - is liable for capital punishment regardless of whether he kidnaps an adult or a one-day-old infant - provided the pregnancy was full-term - and regardless of whether the abducted person was male or female. This is implied by the above verse, which mentions "kidnapping a soul."

It makes no difference if one kidnaps a native-born Israelite, a convert or a freed Canaanite servant, for the above verse states: "one of his brethren." And the above are "our brothers," related by the bond of the Torah and its mitzvot. One is not, however, liable for capital punishment for kidnapping a Canaanite servant or a servant who has been freed only partially.

When a person breaks into a home - whether at night or during the day - license is granted to kill him. If either the homeowner or another person kills him, they are not liable.

The license to kill him applies both on the Sabbath and during the week; one may kill in any possible manner. This is all implied by Exodus 22:1, which literally reads: "He has no blood."

The license mentioned above applies to a thief caught breaking in or one caught on a person's roof, courtyard or enclosed area, whether during the day or during the night. Why does the Torah mention "breaking in," because it is the general practice for thieves to break in at night.

Why did the Torah permit the blood of such a thief to be shed, although he is only attempting to steal money? Because it is an accepted presumption that if the house-owner arises and attempts to prevent the thief from stealing, the thief will slay him. And thus the thief entering his colleague's house to steal is in effect a pursuer seeking to kill his colleague. Therefore, he should be killed, whether he is an adult or a minor, or a man or a woman.

If it is clear to the house-owner that the thief who breaks in will not kill him and instead is only seeking financial gain, it is forbidden to kill the thief. If the house-owner kills him, the house-owner is considered to be a murderer.

This is alluded to by Exodus 22:2, which states: "If the sun shines upon him..." - i.e., if it is as clear to you as the sun that he is at peace with you, do not kill him. Therefore, a father who breaks into his son's home should not be killed. But a son who breaks into his father's home may be killed.

Different rules apply with regard to a thief who stole and departed, or one who did not steal, but was caught leaving the tunnel through which he entered the home. Since he turned his back on the house and is no longer intent on killing its owner, he may not be slain.

Similarly, if he is surrounded by other people, or by witnesses, he may not be killed, even if he is still located within the domain which he broke into. Needless to say, if he is brought to the court he may not be killed.

Similarly, a person who breaks into a garden, a field, a pen or a corral may not be killed, for the prevailing presumption is that he came merely to steal money, for generally the owners are not found in such places.

Whenever license is not granted to kill a thief, we should remove stones from an avalanche that fell upon him on the Sabbath. If he destroyed utensils while inside the house, he is liable for the damages. When, however, license is granted to kill a person, and he broke utensils while in the home, he is not liable for the damages, as explained above.

This concludes "The Laws of Theft" with God's help.