Daily Mitzvah (Rambam)

The 244th prohibition is that we are forbidden from stealing money.

The source of this prohibition is G‑d's statement,1 "Do not steal."

In the words of the Mechilta, "The verse 'Do not steal' constitutes the prohibition of financial theft."2

One who transgresses this prohibition must pay back according to the formula written in the Torah — either two, four, or five times the amount stolen, or only the actual value.3

The Sifra says, "The verse4 that says 'He must pay back double' [the value of the stolen object] teaches us the penalty. What teaches us that the act is prohibited?5 The verse 'Do not steal' — even if just to disturb." This phrase ["just to disturb"] means when the intention is to [not really steal, but only to temporarily] anger and confuse the victim, and afterwards return it to him. The Sifra continues,] "the verse, 'Do not steal,' teaches that you may not do so, even if you intend to pay him back four or five times the value."

The details of this mitzvah are explained in the 7th chapter of tractate Bava Kama.

Footnotes

1.

Lev. 19:11.

2.

In contrast with a similar phrase used in the Ten Commandments, which refers to the prohibition against kidnapping. See N243.

3.

For a regular theft, he must pay double. For stealing sheep he must pay four times the amount, and for oxen, five times (Ex. 21:37). If he admitted the theft before he was discovered, he pays only the principal.

4.

Ex. 22:3.

5.

As explained on other occasions, each prohibition must have one statement that the act is prohibited and another dictating the penalty.

The 239th mitzvah is that we are commanded regarding [punishing] a thief — whether to collect two, four times, or five times the amount stolen1; to kill him should he break in [to the person's property];2 or to sell him.3 The general principle is that the mitzvah is to punish a thief according to the Torah's directions.

All the details of this mitzvah are explained in the 7th chapter of tractate Bava Kama, the 8th chapter of Sanhedrin, the 3rd chapter of Bava Metzia, and a few passages in Kesuvos,4 Kiddushin,5 and Shavuos.6

Footnotes

1.

See footnote to N244.

2.

Ex. 21:37-22:2. Should it be clear that the thief would never kill the victim (such as if the victim is the thief's son), it is forbidden to kill the thief. See Hilchos Geneivah 9:7-10.

3.

As a slave should he be unable to pay restitution (Ex. 22:2). The money is then used to pay back the victim.

4.

30b.

5.

58b.

6.

42b.