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Answer: Anything we say here is general information and does not relate in any reliable way to the specific case, whose exact details we do not know. In a case that is not halacha l’ma’aseh, we can have a more general discussion.
We will start with the issue you raise. Many people think that one acquires items in a store by paying for them. However, the halacha is that money is not a valid kinyan for movable objects (Bava Metzia 44a). Rather, one must do a physical kinyan to the item, which is usuallyhagbaha (lifting the objects), which woman #1 did physically when taking the items off the shelf. Classical poskim discuss at what point we assume that the one who performed such an action intended to acquire it (see Shulchan Aruch, Choshen Mishpat 200:8,11). However, in the contemporary context you describe, the kinyan is clearly not until the buyer lifts an item it after paying for it, not before he puts it in the shopping cart. I say that with confidence because it is very common for someone to put an item in the cart and continue on, only to change his mind later and return it to the shelf. If he would have acquired it, he would need the store’s permission to return it. Since people do not think that way, it is a sign that taking it off the shelf is just the first step toward the likely future purchase of the object. Thus, it would not be stealing on these grounds.
There is a relevant interesting concept, which is likely to apply, which the gemara (Kiddushin 59a) calls ani mehapech b’charara. The classic case is when Reuven is in the midst of efforts to acquire something, and Shimon enters the scene later but beats him to the acquisition (see Shulchan Aruch, Choshen Mishpat 237:1). In such a case, Shimon is called a rasha. (There is a machloket whether there is any binding or practical consequence of that status – see Pitchei Choshen, Geneiva 9:(29).)
There is a machloket Rishonim (see Rashi, Kiddushin 59a, Rosh, Kiddushin 3:2) if this affront exists only to one who buys or rents or even to one who tries to acquire something from hefker (a state of not being owned). Both of these opinions are cited in the Shulchan Aruch (ibid.). One is likely to have applied the distinction in the opposite direction: what’s the big deal who gets to buy the object, as one can buy elsewhere, whereas acquiring from hefker is a fleeting opportunity, which is worse to grab? The logic of the opinion that taking from a hefker is not as bad is that we understand the importance to the second person to seize the opportunity. In contrast, one who seizes the sale before his counterpart is needlessly petty – he should take the time to go elsewhere to buy (see S’ma 237:2). The Rama (ad loc.) says that according to the opinion that ani mehapech does not apply to hefker, it also does not apply to an item at a unique sales price. The logic is the same – it is not petty if there is no equivalent alternative. Possibly, the event you saw involved a special sale. On the other hand, the Shach (ad loc. 3) argues and says that neither opinion of Rishonimdistinguishes between cases of sale. Therefore, it is quite likely that there was a violation of ani mehapech.
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
239 - Child Riding a Bicycle on Shabbat
240 - Supermarket Manners or Halacha?
241 - Musaf or Hallel?
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
