The Prohibition of Stealing when Stealing is Required to Save a Life
- The Maharsha wrote (Chidushei Agados, Kesubos 67a) that
many in his generation gathered their wealth in ways that involved breach of
faith and profaning the Name of G-d, as by stealing from gentiles. Then they
would take that money and make charitable donations so that they will be
honored by the community. This, the Maharsha writes, is a mitzvah that comes
by way of an avera (sin). - The Beir HaGolah writes that money acquired by deceiving a
gentile should be returned, and adds that he has seen many who got rich by
stealing and by deceiving gentiles who failed in the end and lost all their
money. Those who conducted themselves in an upright way, returning money to
gentiles if it was paid by mistake, became prominent and wealthy, and were
able to leave the remainder of their fortune to their children. - Even a person who is in danger of dying and has to take
money from someone to save himself shouldn’t take it unless he has the
intention to pay it back when he is able to. Even though it is permitted to
violate all but the most severe averos in the Torah in order to save a
life, since it is possible to repay the money that was taken, it is forbidden
to save one’s life by taking money without permission with the intention of
never returning it. - Except when life is at stake, it is forbidden to take money
without permission even with the intention of returning more than was taken,
even to heal a disease which is not life threatening, or to avoid suffering
which is not life threatening, because stealing is a Torah prohibition, and we
are allowed, when there is no danger to life, to violate only rabbinical
prohibitions for the sake of healing. - It is forbidden for a woman to take something from her
husband without permission, even for the purposes of charity. For this reason,
it is not permissible for a person who collects charity to accept a large
donation from a woman unless he knows that her husband agrees. He cannot
accept even a small donation from her if her husband objects. Similarly, it is
forbidden to buy something from a woman if there is any suspicion that her
husband doesn’t know that she is selling it. Similarly, if a man offers the
jewelry and clothing of his wife for sale, it is forbidden to buy them unless
it is clear that he is selling them with her consent. And it is forbidden for
a son to take something of his fathers, or a father to take something from his
son—if his son is on his own—if they would object. Children may try—incorrectly—to
assuage their conscience by telling themselves that they will inherit their
father, and that eventually everything will belong to them. Of a child who
takes from his parents without permission, Shlomo Hamelech writes “He who
steals from his father and mother and says there is no sin, he is a companion
to a destructive person.” Mishlei 28:29).
