Beit Midrash

  • Family and Society
  • Theft and Damage
קטגוריה משנית
To dedicate this lesson
undefined
"I provided myself with various musical instruments… it was clear that it was all futile" (Kohelet 2:8-11)


The students had arrived earlier that day, bearing expressions of confidence, seriousness and excitement. They filed into their dorm rooms, and began unpacking freshly washed clothing, delicately scented with fabric softener and wistful prayers for a good school year.
That evening, the entire student body gathered together, for the first assembly of the year. The principal went through the usual welcome, review of policies, procedures, and other miscellany. Before the meeting ended, he added one final note.
"My dear students, you know how much your teachers and I care about your wellbeing. This yeshiva is a place of holiness, where we try to share with you lessons of sanctity and wholesomeness. It goes without saying that music or literature of a secular, vulgar nature, which runs contrary to everything that our school stands for, will not be allowed anywhere on the school premises, including the dorm rooms. If such material is found, the literature or radio will be confiscated."
The students stood up from their seats, and headed back to their rooms. Some of the teachers remained behind, in the staff room. One teacher began speaking. "I’m not sure about the last thing that the principal said. Of course he is entirely right, that such materials don’t belong in our school. I’m just wondering about the implementation. If I’m not mistaken, the parents were never notified about this policy, that their sons’ belongings would be taken, if they listen to in music that’s not in the spirit of the school. It seems, then, that taking those items would be stealing!"
Another teacher spoke up. "All of the parents know where they are sending their sons. They know the values of our school. Do you think that parents who send their children here would want their sons listening to such music? It’s clear that the parents would want us to implement this policy, and it’s not theft at all!"
The discussion continued, with different teachers voicing their opinions, until the principal walked into the room. "My dear colleagues, I hear that there is a debate taking place, as to whether or not we are allowed to confiscate radios from our students. The truth is that I did not notify the parents regarding this policy, because I didn’t want to start any issues before the school year even began. I felt that the best way to handle the situation was to notify the students of this policy directly, on the first day of the school year. I do not believe that there is any question of theft, regarding this matter." With that, the impromptu staff meeting concluded, and the teachers went home.

One day, one teacher, Rabbi Shlomo, was walking in the courtyard, during the midday break. As he neared the dorm, he couldn’t help but hear raucous, pulsating, earsplitting music, emanating from one of the dorm windows. He cautiously entered the building, and followed after the blasting sonic experience.
It didn’t take long to identify the source of the music, as the door to the room seemed about to lurch off its hinges, as a result of the vibrations coming from behind it. Rabbi Shlomo swiftly turned the handle, to see five boys in mid boogie, disconcertedly staring back at him.
Rabbi Shlomo turned off the radio, unplugged it from the outlet, and tucked it under his arm. After announcing that he expected to see the boys in his class room, in half an hour, he left the room.
Half an hour later, the boys nervously filed into the room, as instructed. Rabbi Shlomo patiently, but firmly, explained why their actions were inappropriate, and reminded them of the warning issued by the principal on the first day of the school year. The boys nodded silently, and left the room with their heads hanging.
Rabbi Shlomo was left in a quandary. Was he, in fact, permitted to take the radio, or did it constitute theft?

Answer:
Rabbi Moshe Feinstein, zt"l:

The Gemara (Yevamot 89b) states that a bet din (Jewish court of law) may cause an individual to lose rights to his property. This is evident from the verse in Ezra (10:8), which says "And whoever does not come by three days, according to the counsel of the chiefs and elders, all his property will be confiscated…" However, that verse refers to a decree affecting all of the Jewish people.
We also find that leaders of an entire city can enact rules which affect its citizens. Perhaps there is reason to say that a yeshiva has the status of a city, in some fashion, and can enact rules affecting the student body. However, it is not clear that the cases are parallel.

Given the uncertainty, it is difficult to permit the school staff taking the radios. This is a situation involving possible theft, which is a serious crime. Additionally, the radios might be the property of the parents, and not the students.
In practice, the radios should be kept until the end of the school year, and then returned to the students. Regarding reading material with forbidden content (e.g. immorality, and philosophy contrary to the Torah), perhaps it is permitted for the school administration to burn the books. This would seem to not be theft, because the administration would be acting to protect their students from sin.
(Masoret Moshe, section 1, Laws of Theft)


fast navigation
Lessons
    undefined
    3 min
    Shlach Lecha

    For God's Sake Don't Go To Israel

    Israel National Torah

    Clarifying the spies' argument for not entering the Land of Israel...and then clarifying why it's so important to enter the Land anyway.

    Baruch Gordon | Sivan 19 5780
    undefined
    Bemare Habazak - Rabbis Questions

    Serving as Chazan on the Shabbat Before a Yahrtzeit

    How important is it for someone to be chazan on the Shabbat before a yahrtzeit? Is it is just for parents, or also grandparents/in laws? Some people in my [the rabbi] shul feel that people use it as an excuse to “grab the amud.”

    Rabbi Daniel Mann | Tevet 2 5777
    undefined
    Bemare Habazak - Rabbis Questions

    How Many Eggs Should be Boiled Together?

    When making hardboiled eggs, may one cook one or two eggs or must there be at least three? Also, does it make a difference if there is an even or odd number

    Rabbi Daniel Mann
    undefined
    P'ninat Mishpat

    Introduction and Biography of the Noda B’Yehuda

    After an extended period of presenting ideas of the Chatam Sofer on monetary disputes, we move on to a shorter series on the works of Rav Yechezkel Segal Landau, often called the Noda B’yehuda. (Although Rav Landau served as a dayan for many years, poskim do not usually publicize their rulings on cases in which they served as a dayan, but on questions asked by other rabbis. The Noda B’yehuda did not include many such cases in his reponsa.) Many view the Chatam Sofer and the Noda B’Yehuda as two of a kind. They were in the same basic time period (Rav Landau was around 50 years older), they were important rabbis of important communities at critical times, and the works of each are among the most respected and quoted by Acharonim.

    Various Rabbis | Tevet 8 5776
    undefined
    Bemare Habazak - Rabbis Questions

    Working in a Non-Kosher Establishment

    Rabbi Daniel Mann | Sivan 14 5775
    undefined
    Prayer

    Birkot HaShachar – The Morning Blessings

    Chapter nine-part one

    Chapter nine-part one

    Rabbi Eliezer Melamed | 5775
    undefined
    Jewish Holidays

    The Twentieth of Sivan

    "I noticed that the back of my siddur contains a large section devoted to selichos for the 20th of Sivan, yet I have never davened in a shul that observed this day. What does this date commemorate?"

    Rabbi Yirmiyohu Kaganoff | Sivan 17 5780
    undefined
    Additional Lessons

    The Laws of Tumas Meis

    When the Beis Hamikdash is rebuilt, bimheirah beyameinu, the laws of tumah will affect us all, since we will be required to be tahor in order to enter the Beis Hamikdash, to eat korbanos and maaser sheini, and in order to separate challah and terumah.

    Rabbi Yirmiyohu Kaganoff | 5772
    undefined
    Various Subjects

    Redeeming a Firstborn Donkey!

    The Mitzvah of redeeming the first born Donkey - a long lost Halacha or a practical law for Donkey owners and riders in today's times ??

    Rabbi Yirmiyohu Kaganoff | 5770
    undefined
    Basics of Financial Laws

    How Does a Heter Iska Work?

    What is the prohibition of "Ribbit"? who does it apply on? How does the "Heter Iska" bypass the prohibition? and more...

    Rabbi Yirmiyohu Kaganoff | 5770
    undefined
    Marriage and Relationships

    Relationships during the Time of Engagement

    A young engaged man and his fiancée naturally have very strong feelings for each other. It goes without saying that these will be expressed after the wedding, but what expression, if any, is permitted in the meantime? And while we're on the subject, is the attraction of men and women to each other really a good thing to begin with?

    Rabbi Elyakim Levanon | 5770
    undefined
    Brachot on Food and on Smell

    Pizza, Pretzels and Pastry

    When is the Bracha Hamotzi and when is it a Mezonot?

    Rabbi Yirmiyohu Kaganoff
את המידע הדפסתי באמצעות אתר yeshiva.org.il