Lo tignov Do Not Steal
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The eighth commandment
לֹא תִּגְנֹב

Do Not Steal

In the Ten Commandments, the Sages read these two words as a ban on stealing a person. Taking property is forbidden in another verse, and the Sages also forbid deceiving people, which they call stealing the mind. Why a joke can still be theft, which cases are clear and which need a rav, and how the Sages kept the way back open. With every source.

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The Ten Commandments

Two words, and a surprise

"Do not steal" does not say what not to steal. The Sages answer from the verse's neighbors.

לֹא תִּגְנֹב
"Do not steal."
Shemot 20:13Open the source

The commandment comes right after "do not murder" and "do not commit adultery," and both of those are capital crimes: a court punishes them with death. A baraita (a teaching of the Sages from the time of the Mishnah) uses one of the rules for reading the Torah, that a verse is understood from its context:

תָּנוּ רַבָּנַן: ״לֹא תִגְנֹב״ – בְּגוֹנֵב נְפָשׁוֹת הַכָּתוּב מְדַבֵּר. אַתָּה אוֹמֵר בְּגוֹנֵב נְפָשׁוֹת, אוֹ אֵינוֹ אֶלָּא בְּגוֹנֵב מָמוֹן? אָמַרְתָּ: צֵא וּלְמַד מִשְּׁלֹשׁ עֶשְׂרֵה מִדּוֹת שֶׁהַתּוֹרָה נִדְרֶשֶׁת בָּהֶן, דָּבָר הַלָּמֵד מֵעִנְיָינוֹ. בְּמָה הַכָּתוּב מְדַבֵּר? בִּנְפָשׁוֹת. אַף כָּאן בִּנְפָשׁוֹת.
"The Sages taught: 'Do not steal': the verse is speaking about one who steals people. Do you say it is about stealing people, or is it only about stealing money? Go and learn from one of the thirteen rules by which the Torah is explained: a matter learned from its context. What is the passage speaking about? Capital crimes. So here too, a capital crime."
Sanhedrin 86aOpen the source

The only theft the Torah punishes with death is kidnapping:

וְגֹנֵב אִישׁ וּמְכָרוֹ וְנִמְצָא בְיָדוֹ מוֹת יוּמָת
"One who steals a person and sells him, or he is found in his hands, shall be put to death."
Shemot 21:16Open the source

Rashi (the classic commentator on the Torah, France, 1000s) brings the same reading on our verse, and so does the Mechilta (an early midrash on Shemot). So where is stealing property forbidden? In Vayikra:

לֹא תִּגְנֹבוּ וְלֹא־תְכַחֲשׁוּ וְלֹא־תְשַׁקְּרוּ אִישׁ בַּעֲמִיתוֹ
"Do not steal, do not deny what you owe, and do not lie, one person to another."
Vayikra 19:11Open the source

The next baraita on the same page reads this verse from its context too. The verses around it are about money, so it is about money (Sanhedrin 86a). Two verses, then: one guards a person, the other a person's property. The Rambam (Rabbi Moshe ben Maimon, Egypt, 1100s) opens his Laws of Theft with the second:

כָּל הַגּוֹנֵב מָמוֹן מִשְּׁוֵה פְּרוּטָה וּלְמַעְלָה עוֹבֵר עַל לֹא תַּעֲשֶׂה שֶׁנֶּאֱמַר ״לֹא תִגְנֹב״. וְאֵין לוֹקִין עַל לָאו זֶה שֶׁהֲרֵי נִתָּן לְתַשְׁלוּמִין שֶׁהַגַּנָּב חִיְּבַתּוּ תּוֹרָה לְשַׁלֵּם. וְאֶחָד הַגּוֹנֵב מָמוֹן יִשְׂרָאֵל אוֹ הַגּוֹנֵב מָמוֹן עַכּוּ״ם וְאֶחָד הַגּוֹנֵב אֶת הַגָּדוֹל אוֹ אֶת הַקָּטָן
"Whoever steals money worth a perutah (the smallest coin) or more breaks a prohibition, as it says 'Do not steal.' There are no lashes for this prohibition, because it is made up by payment: the Torah obligates the thief to pay. It is the same whether he steals the money of a Jew or the money of an idol worshipper, and whether he steals from an adult or from a child."
Rambam, Laws of Theft 1:1Open the source

The Rambam also tells the thief from the robber. A ganav (thief) takes in secret, without the owner knowing; a gazlan (robber) takes openly, by force (Laws of Theft 1:3). Both are forbidden. This page uses "stealing" for both.

Even a little, even as a joke

Even as a joke

Even a tiny amount is forbidden, and so is taking something you plan to give back.

The Gemara asks why the Torah needs each of its separate prohibitions about taking money: interest, overcharging, robbery. About "do not steal" in Vayikra, it answers with a baraita:

״לֹא תִּגְנֹבוּ״ דִּכְתַב רַחֲמָנָא לְמָה לִי? לְכִדְתַנְיָא: לֹא תִּגְנֹב – עַל מְנָת לְמֵיקַט, לֹא תִּגְנֹב – עַל מְנָת לְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל.
"Why do I need 'Do not steal,' which the Torah wrote? For what was taught: 'Do not steal' even in order to cause distress; 'do not steal' even in order to pay the double payment."
Bava Metzia 61bOpen the source

The word in the baraita is lemeikat, and Rashi explains it as "to cause distress." The double payment is the fine a convicted thief pays, twice what he took (Shemot 22:3). Rashi explains the second case: he wants to do his friend a favor and knows his friend would not accept a gift. Even so, he may not take it. The Rambam spells out more ways:

אָסוּר לִגְנֹב כָּל שֶׁהוּא דִּין תּוֹרָה. וְאָסוּר לִגְנֹב דֶּרֶךְ שְׂחוֹק אוֹ לִגְנֹב עַל מְנָת לְהַחְזִיר אוֹ עַל מְנָת לְשַׁלֵּם הַכּל אָסוּר שֶׁלֹּא יַרְגִּיל עַצְמוֹ בְּכָךְ
"By Torah law it is forbidden to steal any amount at all. And it is forbidden to steal as a joke, or to steal meaning to give it back, or meaning to pay. All of it is forbidden, so that a person does not get himself used to it."
Rambam, Laws of Theft 1:2Open the source

"So that a person does not get himself used to it." Our own observation: the reason is about who you become, not only about what the owner loses. The Shulchan Aruch (the code of Jewish law by Rabbi Yosef Karo, 1500s) rules the same way (Choshen Mishpat 348:1). It also calls a person who borrows something without the owner knowing a robber (Choshen Mishpat 359:5).

Geneivat da'at

Stealing someone's mind

Some theft takes no object at all. It takes what a person believes.

The Hebrew for deceiving someone is geneivat da'at, literally "stealing the mind": leading a person to believe something false, often that you did him a favor you did not do. The Gemara brings the rule in the name of Shmuel:

אָסוּר לִגְנוֹב דַּעַת הַבְרִיּוֹת, וַאֲפִילּוּ דַּעְתּוֹ שֶׁל גּוֹי.
"It is forbidden to deceive people, even a non-Jew."
Shmuel, Chullin 94aOpen the source

Rabbi Meir's examples come from everyday hospitality:

הָיָה רַבִּי מֵאִיר אוֹמֵר: אַל יְסַרְהֵב אָדָם לַחֲבֵירוֹ לִסְעוֹד אֶצְלוֹ, וְיוֹדֵעַ בּוֹ שֶׁאֵינוֹ סוֹעֵד, וְלֹא יַרְבֶּה לוֹ בְּתִקְרוֹבֶת, וְיוֹדֵעַ בּוֹ שֶׁאֵינוֹ מְקַבֵּל.
"Rabbi Meir used to say: A person should not press his friend to eat with him when he knows he will not eat, and should not heap gifts on him when he knows he will not accept them."
Chullin 94aOpen the source

The same teaching goes on: a host should not open a barrel of wine that is already sold to a shopkeeper, so that his guest thinks it was opened for him, unless he tells the guest. And it adds: "if it is for his honor, it is permitted." Rashi explains: for the guest's honor, to show other people how dear the guest is to him (Chullin 94a). The Rambam turns these cases into a rule about the kind of person to be:

וְלֹא יִהְיֶה אֶחָד בַּפֶּה וְאֶחָד בַּלֵּב אֶלָּא תּוֹכוֹ כְּבָרוֹ וְהָעִנְיָן שֶׁבַּלֵּב הוּא הַדָּבָר שֶׁבַּפֶּה. וְאָסוּר לִגְנֹב דַּעַת הַבְּרִיּוֹת וַאֲפִלּוּ דַּעַת הַנָּכְרִי.
"He should not be one thing in his mouth and another in his heart. Rather, his inside should be like his outside, and what is in his heart is what is in his mouth. And it is forbidden to deceive people, even a non-Jew."
Rambam, Laws of Character Traits 2:6Open the source

It applies in business too. A seller who knows of a flaw must tell the buyer (Rambam, Laws of Sales 18:1; Shulchan Aruch, Choshen Mishpat 228:6).

Try it

Stealing, or not?

Eleven clear cases, each with its source. Decide, then see what the sources say.

Our own observation: notice what does not matter. How much it was worth, whether you meant to give it back, and whether the owner was Jewish. What matters is whether you took what belongs to someone else, or led him to believe something false.

Questions, not rulings

Ask your rav

Modern cases where the poskim (rabbis who decide Jewish law) disagree, or where the answer depends on details. This page does not decide them.

Stories

Five stories

A brother sold, a soldier's secret, a ferry ride, a silver cup, and a man who wanted to come back. Step through them.

The limits

Where it stops

The prohibition is wide. It still has edges, and the Sages kept a road back open.

1

When nobody minds

ואם הוא דבר דליכא מאן דקפיד ביה שרי כגון ליטול מהחבילה או מהגדר לחצוץ בו שיניו ואף זה אוסר בירושלמי ממדת חסידות
"And if it is something nobody minds about, it is permitted: for example, taking a splinter from a bundle of sticks or from a fence to pick his teeth. And even this the Yerushalmi forbids, as a matter of piety."
Shulchan Aruch, Choshen Mishpat 359:1Open the source

The line the Shulchan Aruch draws is whether anyone would mind. The Yerushalmi (the Talmud of the Land of Israel) asks more of the pious. Torah Tech's advice: most real cases are bigger than a toothpick, so when you are not sure the owner would not mind, ask him, or ask a rav.

2

To save a life

אפי' הוא בסכנת מות וצריך לגזול את חבירו כדי להציל נפשו צריך שלא יקחנו אלא על דעת לשלם
"Even if he is in danger of death and needs to take from his friend to save his life, he should take it only meaning to pay."
Shulchan Aruch, Choshen Mishpat 359:4Open the source

A life comes first, and you take what you need to save it. It still is not yours. You take it meaning to pay.

3

The way back

וְהֵשִׁיב אֶת־הַגְּזֵלָה אֲשֶׁר גָּזָל
"He shall return what he robbed."
Vayikra 5:23Open the source

The Rambam counts returning what was taken as a mitzvah of its own (Laws of Robbery and Lost Property 1:1). By Torah law, if the stolen thing still exists unchanged, the robber returns that very thing (Laws of Robbery and Lost Property 1:5). But the Sages did not want the road back to be impossible:

וְעַל הַמָּרִישׁ הַגָּזוּל שֶׁבְּנָאוֹ בְּבִירָה, שֶׁיִּטּוֹל אֶת דָּמָיו, מִפְּנֵי תַּקָּנַת הַשָּׁבִים
"And about a stolen beam that was built into a large building: the owner receives its value, because of the ordinance for those who return."
Mishnah, Gittin 55aOpen the source

This is the testimony of Rabbi Yochanan ben Gudgeda in the Mishnah. In the baraita on it, Beit Shammai say the whole building must come down and the beam go back; Beit Hillel say he pays for the beam, "because of the ordinance for those who return" (Gittin 55a). Our own observation: the robber in the last story above is the same idea seen from the other side.

Torah Tech's advice, if you took something. You can fix it. Give it back, or pay for it, and if that is hard or embarrassing, a rav can help you find a way to do it, even a quiet one.

Its partner on the other tablet

Across from "Do not take Hashem's name in vain"

In one view in the Mechilta, the third commandment faces the eighth.

In one view in the Mechilta (an early midrash on Shemot), Rabbi Chananya ben Gamliel (in some editions, Chanina) holds that the Ten Commandments were written five on each tablet, and he reads each pair across. The Sages there disagree: וַחֲכָמִים אוֹמְרִים: עֲשָׂרָה עַל לוּחַ זֶה וַעֲשָׂרָה עַל לוּחַ זֶה, "And the Sages say: ten on this tablet, and ten on that one" (Bachodesh 8:22). In his view the third, about Hashem's name, faces the eighth:

א · אָנֹכִי ב · לֹא יִהְיֶה ג · לֹא תִשָּׂא ד · זָכוֹר ה · כַּבֵּד ו · לֹא תִרְצָח ז · לֹא תִנְאָף ח · לֹא תִגְנֹב ט · לֹא תַעֲנֶה י · לֹא תַחְמֹד First tablet: 1 to 5 Second tablet: 6 to 10
In Rabbi Chananya ben Gamliel's view: five on each tablet, read across. The third commandment, "Do not take Hashem's name in vain," faces the eighth, "Do not steal."
כָּתוּב ״לֹא תִשָּׂא אֶת שֵׁם ה' אֱלֹקֶיךָ לַשָּׁוְא״, וּכְנֶגְדּוֹ כָתוּב ״לֹא תִגְנֹב״. מַגִּיד הַכָּתוּב, שֶׁכָּל מִי שֶׁהוּא גּוֹנֵב, סוֹפוֹ לָבֹא לִידֵי שְׁבוּעַת שָׁוְא, שֶׁנֶּאֱמַר: ״הֲגָנֹב רָצֹחַ וְנָאֹף וְהִשָּׁבֵעַ לַשֶּׁקֶר״
"It is written 'Do not take the name of Hashem your God in vain,' and across from it is written 'Do not steal.' The verse tells us that whoever steals will end up swearing falsely, as it says: 'Will you steal, murder, commit adultery, and swear falsely?' (Yirmeyahu 7:9)."
Mechilta, Bachodesh 8:19 (Rabbi Chananya ben Gamliel, named at 8:21)Open the source

Why would stealing lead to a false oath? Our own explanation: think about how it goes. A thief who is accused does not usually confess. He denies it, and in a Jewish court a denial about money can end in an oath. The Torah describes exactly that person: someone who denies holding his neighbor's property and swears falsely about it (Vayikra 5:21-24). Rashi reads Vayikra 19:11-12, "do not steal, do not deny, do not lie, do not swear falsely by My name," as one slide:

אִם גָּנַבְתָּ סוֹפְךָ לְכַחֵשׁ, סוֹפְךָ לְשַׁקֵּר, סוֹפְךָ לִשָּׁבַע לַשֶּׁקֶר
"If you stole, in the end you will deny it; in the end you will lie; in the end you will swear falsely."
Rashi on Vayikra 19:11Open the source

So, in Rabbi Chananya's view, the two face each other. One guards Hashem's name, the other guards your neighbor, and he says that breaking the second leads to breaking the first. Our own note: the same Mechilta reads "do not steal" here as kidnapping, but this teaching speaks of any thief, and it does not say how the two fit.

FAQ

Common questions

Short answers, with sources.

Is "do not steal" in the Ten Commandments about kidnapping?

That is how the Sages read it. It stands next to murder and adultery, which are capital crimes, so it must be one too, and the theft the Torah punishes with death is kidnapping (Sanhedrin 86a; Shemot 21:16; Rashi on Shemot 20:13). Stealing property is forbidden in Vayikra 19:11.

Is it stealing if I plan to give it back?

Yes. The Rambam forbids stealing as a joke, meaning to give it back, or meaning to pay, "so that a person does not get himself used to it" (Laws of Theft 1:2). The Shulchan Aruch adds stealing to cause someone distress (Choshen Mishpat 348:1).

Is it stealing if it is worth almost nothing?

By Torah law it is forbidden to steal any amount (Rambam, Laws of Theft 1:2). Something so small that nobody at all would mind, like a splinter from a fence for a toothpick, is permitted, and the Yerushalmi says the pious avoid even that (Shulchan Aruch, Choshen Mishpat 359:1).

Is it permitted to steal from a non-Jew?

No. The Rambam says it is the same whether a person steals from a Jew or from an idol worshipper (Laws of Theft 1:1). Deceiving a non-Jew is forbidden too (Chullin 94a; Rambam, Laws of Character Traits 2:6).

What is geneivat da'at?

"Stealing the mind": leading someone to believe something false, often that you did him a favor. Examples from the Gemara: inviting someone you know will not come, heaping gifts on someone you know will not accept them, or letting a guest think a barrel was opened for him when it was already sold to a shopkeeper (Chullin 94a). A seller must also tell a buyer about a flaw (Rambam, Laws of Sales 18:1).

What is the difference between a thief and a robber?

A ganav (thief) takes in secret, without the owner knowing. A gazlan (robber) takes openly, by force (Rambam, Laws of Theft 1:3). Both are forbidden, and both must give back what they took.

I took something. How do I fix it?

Return it, or pay for it (Vayikra 5:23; Rambam, Laws of Robbery and Lost Property 1:1 and 1:5). The Sages made the way back easier for people who return (Gittin 55a; Rambam, Laws of Robbery and Lost Property 1:13). Torah Tech's advice: if it is hard or embarrassing, a rav can help you find a way.

Is downloading a pirated movie stealing?

That is a question for your rav. The poskim discuss copying, intellectual property and the law of the land, and they give different answers and reasons. See "Ask your rav" above.

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Hebrew texts are from Sefaria: Tanach from Miqra al pi ha-Masorah (CC-BY-SA), the Mishnah and the Mishneh Torah from the Torat Emet editions, the Talmud's Hebrew and Aramaic from the William Davidson edition (CC-BY-NC), the Shulchan Aruch from the Lemberg 1898 edition, the Mechilta from the Beeri edition (Koren, 2019), and Rashi on the Torah from the Rosenbaum and Silbermann edition. English renderings and explanations are Torah Tech originals, and any mistakes are ours. The everyday cases on this page are ours, not the sources'.

This page is for learning. It is not a halachic ruling. For how these laws apply to you, ask your rav.

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