To not steal any money: To not steal any money, as it is stated (Leviticus 19:11), “You shall not steal.” And they, may their memory be blessed, said (Sanhedrin 86a) that this is the warning [about] stealing money. And the content of theft is like I explained in the Order of Mishpatim (Sefer HaChinukh 54).
From the laws of the commandment is that which they, may their memory be blessed, said (Bava Metzia 61b) that it is forbidden from the Torah to steal even in order to return [what was stolen] or in order to vex — meaning to say, to anger the owner of the stolen item, to confound him temporarily, and to give the thing back to him afterwards. And so did they say in Sifra Kedoshim, Section 2:1-2, “Because it is written [with respect to] theft (Exodus 22:3), ‘he shall pay double,’ we know the punishment. From where is the warning? [Hence,] we learn to say, ‘You shall not steal.’ ‘You shall not steal,’ even in order to vex; ‘You shall not steal,’ even in order to pay four or five [times the price].”
And [also] the laws of one who steals a sela from the purse of his friend or from his house and returned the stolen thing to its place with the owner’s knowledge or without the owner’s knowledge, and in what way [the owner’s] count (inventory) exempts him; and the difference there is in this matter between something that has life such as beasts, and something that does not have life, and as it appears in Bava Kamma 118a in the tenth chapter. And [also] that which they said that it is forbidden to purchase from the hand of a thief, since it strengthens the hand of sinners; and so [too,] is it forbidden to buy anything that is assumed to be stolen. And therefore they, may their memory be blessed, said that we do not buy wool, milk and goats from shepherds; and so [too], we do not buy from the guardians of wood or fruit, except in places that are known (public); and so [too,] we only buy objects that are known [to usually be sold by them] from women, slaves and minors. And more generally, they said that it is forbidden to buy from any of them that say, “Cover them.”
And [also] that which they said (Bava Kamma 115a) that they did not make the Ordinance of the Marketplace for a famous thief, and [so,] one who buys from him returns the vessel [to the original owner] and [takes] the thief [to court]; but if he is not famous, there is the Ordinance of the Marketplace for him, and [so,] the owner of the stolen item returns the money to the purchaser and he takes his vessels, and afterwards [the owner takes] the thief [to court]. And Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Theft 1:1) and this is his language: “Anyone who steals from the value of a small coin and upwards transgresses a negative commandment, as it is written, ‘You shall not steal.’ And we do not administer lashes for this negative commandment, since it is given to repayment. And it is one if he steals the money of an Israelite or steals the money of a gentile, if he steals the money of an adult or steals the money of a child.” To here [are his words]. And the rest of its details are in the tenth chapter of [Bava] Kamma and in other places. (See Tur, Choshen Mishpat, 348.)
And this prohibition is practiced in every place and at all times by males and females. And one who transgresses this negative commandment is obligated to pay, as is explicit in Scripture (Exodus 21:37, 22:3). If he stole a gold coin or clothing or a donkey or a camel, he pays twice their value, and it comes out that he loses that which he sought to remove from his fellow. And payments of double are practiced for everything except for an ox and a sheep, as there are situations in which he pays four and five for them — such as if he slaughtered or sold [them], as appears clearly in Scripture. And when he pays double — or four or five for an ox and a sheep — it is specifically when witnesses testified about him, and he paid according to their [testimony] in a court. But one who admits on his own (Bava Kamma 75a) is exempted with the payment of the principal alone, as it is stated (Exodus 22:8), “the one that the powers deem guilty shall pay two” — and they, may their memory be blessed, expounded (Bava Kamma 64b), “To exclude one who deems himself guilty.” And this is the law for all penalties, that one who admits [his guilt] is exempt. And I have already written above (Sefer HaChinukh 49) that we only judge cases of penalties in the Land.
שֶׁלֹּא לִגְנֹב שׁוּם מָמוֹן – שֶׁלֹּא לִגְנֹב שׁוּם מָמוֹן, שֶׁנֶּאֱמַר (ויקרא יט יא) לֹא תִּגְנֹבוּ, וְאָמְרוּ זִכְרוֹנָם לִבְרָכָה (סנהדרין פו א), שֶׁזֶּה אַזְהָרָה לְגוֹנֵב מָמוֹן. וְעִנְיַן הַגְּנֵבָה הוּא כְּמוֹ שֶׁפֵּרַשְׁנוּ בְּסֵדֶר מִשְׁפָּטִים (מצוה נד).
To not steal any money: To not steal any money, as it is stated (Leviticus 19:11), “You shall not steal.” And they, may their memory be blessed, said (Sanhedrin 86a) that this is the warning [about] stealing money. And the content of theft is like I explained in the Order of Mishpatim (Sefer HaChinukh 54).
שֹׁרֶשׁ מִצְוָה זוֹ יָדוּעַ, כִּי הִיא מִן הַמִּצְוֹת שֶׁהַשֵּׂכֶל מְחַיְּבָם.
The root of this commandment is well-known, since it is from the commandments obligated by the intellect.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (ב"מ סא, ב) שֶׁאָסוּר מִן הַתּוֹרָה לִגְנֹב אֲפִלּוּ עַל מְנָת לְהַחְזִיר אוֹ עַל מְנָת לְמֵקַט, כְּלוֹמַר לְהַכְעִיס בַּעַל הַגְּנֵבָה וּלְהַבְהִילוֹ לְשָׁעָה וּלְהַחְזִיר לוֹ הַדָּבָר אַחַר כָּךְ. וְכֵן אָמְרוּ בְּסִפְרָא (קדושים ב א ב) לְפִי שֶׁנֶּאֱמַר בִּגְנֵבָה (שמות כב ג) שְׁנַיִם יְשַׁלֵּם לָמַדְנוּ עֹנֶשׁ, אַזְהָרָה מִנַּיִן? תַּלְמוּד לוֹמַר לֹא תִּגְנֹבוּ. לֹא תִּגְנֹבוּ אֲפִילּוּ עַל מְנָת לְמֵקַט, לֹא תִּגְנֹבוּ עַל מְנָת לְשַׁלֵּם אַרְבָּעָה וַחֲמִשָּׁה.
From the laws of the commandment is that which they, may their memory be blessed, said (Bava Metzia 61b) that it is forbidden from the Torah to steal even in order to return [what was stolen] or in order to vex — meaning to say, to anger the owner of the stolen item, to confound him temporarily, and to give the thing back to him afterwards. And so did they say in Sifra Kedoshim, Section 2:1-2, “Because it is written [with respect to] theft (Exodus 22:3), ‘he shall pay double,’ we know the punishment. From where is the warning? [Hence,] we learn to say, ‘You shall not steal.’ ‘You shall not steal,’ even in order to vex; ‘You shall not steal,’ even in order to pay four or five [times the price].”
וְדִין הַגּוֹנֵב סֶלַע מִכִּיס חֲבֵרוֹ אוֹ מִבֵּיתוֹ וְהֶחְזִיר הַדָּבָר הַגָּנוּב לִמְקוֹמוֹ לְדַעַת בְּעָלָיו אוֹ שֶׁלֹּא לְדַעְתּוֹ מַה דִּינוֹ, וּבְאֵי זֶה צַד מִנְיָן פּוֹטְרוֹ, וְהַחִלּוּק שֶׁיֵּשׁ בְּעִנְיָן זֶה בֵּין דָּבָר שֶׁיֵּשׁ בּוֹ רוּחַ חַיִּים, כְּגוֹן בְּהֵמוֹת לְמָה שֶׁאֵין בּוֹ רוּחַ חַיִּים וּכְמוֹ שֶׁבָּא בְּבָבָא קַמָּא פֶּרֶק עֲשִׂירִי (קיח, א). וּמָה שֶׁאָמְרוּ (שם ב) שֶׁאָסוּר לִקְנוֹת מִיַּד גַּנָּב מִפְּנֵי שֶׁמְּחַזֵּק יְדֵי עוֹבְרֵי עֲבֵרָה, וְכֵן כָּל דָּבָר שֶׁחֶזְקָתוֹ שֶׁהוּא גָּנוּב, אָסוּר לִקַּח אוֹתוֹ, וּלְפִיכָךְ אָמְרוּ זִכְרוֹנָם לִבְרָכָה שֶׁאֵין לוֹקְחִין מִן הָרוֹעִים צֶמֶר, חָלָב וּגְדָיִים, וְכֵן אֵין לוֹקְחִין מִשּׁוֹמְרֵי עֵצִים אוֹ פֵּרוֹת אֶלָּא בִּמְקוֹמוֹת יְדוּעִים, וְכֵן אֵין לוֹקְחִין מִן הַנָּשִׁים וּמִן הָעֲבָדִים וּמִן הַקְּטַנִּים אֶלָּא דְּבָרִים יְדוּעִים, וְדֶרֶךְ כְּלָל אָמְרוּ, וְכֻלָּם שֶׁאָמְרוּ הַטְמֵן, אָסוּר לִקַּח מֵהֶם.
And [also] the laws of one who steals a sela from the purse of his friend or from his house and returned the stolen thing to its place with the owner’s knowledge or without the owner’s knowledge, and in what way [the owner’s] count (inventory) exempts him; and the difference there is in this matter between something that has life such as beasts, and something that does not have life, and as it appears in Bava Kamma 118a in the tenth chapter. And [also] that which they said that it is forbidden to purchase from the hand of a thief, since it strengthens the hand of sinners; and so [too,] is it forbidden to buy anything that is assumed to be stolen. And therefore they, may their memory be blessed, said that we do not buy wool, milk and goats from shepherds; and so [too], we do not buy from the guardians of wood or fruit, except in places that are known (public); and so [too,] we only buy objects that are known [to usually be sold by them] from women, slaves and minors. And more generally, they said that it is forbidden to buy from any of them that say, “Cover them.”
וּמָה שֶׁאָמְרוּ (שם קטו, א) כִּי לְגַנָּב מְפֻרְסָם לֹא עָשׂוּ בּוֹ תַּקָּנַת הַשּׁוּק, וּמַחְזִיר הַלּוֹקֵחַ מִמֶּנּוּ הַכְּלִי בְּלֹא דָּמִים, וְהוּא יַעֲשֶׂה דִּין עִם הַגַּנָּב, אֲבָל אִם אֵינוֹ מְפֻרְסָם יֵשׁ בּוֹ תַּקָּנַת הַשּׁוּק, וּמַחְזִיר בַּעַל הַגְּנֵבָה מְעוֹתָיו לַלֹּקֵחַ וְנוֹטֵל כִּלְיוֹ, וְאַחַר כָּךְ יַעֲשֶׂה הוּא דִּין עִם הַגַּנָּב. וְכָתַב הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה (גניבה א א) וְזֶה לְשׁוֹנוֹ, כָּל הַגּוֹנֵב מִשָּׁוֶה פְּרוּטָה וּלְמַעְלָה, עוֹבֵר עַל לֹא תַעֲשֶׂה, שֶׁנֶּאֱמַר לֹא תִּגְנֹבוּ, וְאֵין לוֹקִין עַל לָאו זֶה לְפִי שֶׁנִּתָּן לְהִשָּׁבוֹן. וְאֶחָד הַגּוֹנֵב מָמוֹן יִשְׂרָאֵל אוֹ הַגּוֹנֵב מָמוֹן גּוֹי וְאֶחָד הַגּוֹנֵב אֶת הַגָּדוֹל אוֹ אֶת הַקָּטָן, עַד כָּאן. וְיֶתֶר פְּרָטֶיהָ, בְּקַמָּא פֶּרֶק עֲשִׂירִי וּבִמְקוֹמוֹת אֲחֵרִים [ח"מ סי' שמח].
And [also] that which they said (Bava Kamma 115a) that they did not make the Ordinance of the Marketplace for a famous thief, and [so,] one who buys from him returns the vessel [to the original owner] and [takes] the thief [to court]; but if he is not famous, there is the Ordinance of the Marketplace for him, and [so,] the owner of the stolen item returns the money to the purchaser and he takes his vessels, and afterwards [the owner takes] the thief [to court]. And Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Theft 1:1) and this is his language: “Anyone who steals from the value of a small coin and upwards transgresses a negative commandment, as it is written, ‘You shall not steal.’ And we do not administer lashes for this negative commandment, since it is given to repayment. And it is one if he steals the money of an Israelite or steals the money of a gentile, if he steals the money of an adult or steals the money of a child.” To here [are his words]. And the rest of its details are in the tenth chapter of [Bava] Kamma and in other places. (See Tur, Choshen Mishpat, 348.)
וְנוֹהֵג אִסּוּר זֶה בְּכָל מָקוֹם וּבְכָל זְמַן בִּזְכָרִים וּנְקֵבוֹת. וְהָעוֹבֵר עַל לָאו זֶה וְגָנַב חַיָּב לְשַׁלֵּם, כְּמוֹ שֶׁמְּפֹרָשׁ בַּכָּתוּב (שמות כא לז, כב ג). אִם גָּנַב דִּינָר אוֹ כְּסוּת אוֹ חֲמוֹר אוֹ גָּמָל מְשַׁלֵּם שְׁנַיִם בִּדְמֵיהֶם, וְנִמְצָא מַפְסִיד כַּשִּׁעוּר שֶׁבִּקֵּשׁ לְחַסֵּר חֲבֵרוֹ. וְתַשְׁלוּמֵי כֶּפֶל נוֹהֲגִין בְּכָל דָּבָר חוּץ מִשּׁוֹר וָשֶׂה, שֶׁיֵּשׁ בָּהֶן צְדָדִין שֶׁמְּשַׁלְּמִין עֲלֵיהֶן אַרְבָּעָה וַחֲמִשָּׁה, כְּגוֹן שֶׁטָּבַח וּמָכַר, כְּמוֹ שֶׁבָּא בַּכָּתוּב מְבֹאָר. וּכְשֶׁמְּשַׁלֵּם כֶּפֶל אוֹ אַרְבָּעָה וַחֲמִשָּׁה בְּשׁוֹר וָשֶׂה דַּוְקָא שֶׁהֵעִידוּ עָלָיו עֵדִים וְשִׁלֵּם עַל פִּיהֶם בְּבֵית דִּין אֲבָל מוֹדֶה מֵעַצְמוֹ (שם עה, א) פָּטוּר עִם תַּשְׁלוּם הַקֶּרֶן לְבַד, שֶׁנֶּאֱמַר (שמות כב ח) אֲשֶׁר יַרְשִׁיעֻן אֱלֹהִים יְשַׁלֵּם שְׁנַיִם, וְדָרְשׁוּ זִכְרוֹנָם לִבְרָכָה (שם סד ב) פְּרָט לְמַרְשִׁיעַ אֶת עַצְמוֹ. וְהוּא הַדִּין לְכָל קְנָסוֹת, שֶׁהַמּוֹדֶה בָּהֶן פָּטוּר. וּכְבָר כָּתַבְתִּי לְמַעְלָה (מצוה מט) שֶׁאֵין דָּנִין דִּינֵי קְנָסוֹת אֶלָּא בָּאָרֶץ.
And this prohibition is practiced in every place and at all times by males and females. And one who transgresses this negative commandment is obligated to pay, as is explicit in Scripture (Exodus 21:37, 22:3). If he stole a gold coin or clothing or a donkey or a camel, he pays twice their value, and it comes out that he loses that which he sought to remove from his fellow. And payments of double are practiced for everything except for an ox and a sheep, as there are situations in which he pays four and five for them — such as if he slaughtered or sold [them], as appears clearly in Scripture. And when he pays double — or four or five for an ox and a sheep — it is specifically when witnesses testified about him, and he paid according to their [testimony] in a court. But one who admits on his own (Bava Kamma 75a) is exempted with the payment of the principal alone, as it is stated (Exodus 22:8), “the one that the powers deem guilty shall pay two” — and they, may their memory be blessed, expounded (Bava Kamma 64b), “To exclude one who deems himself guilty.” And this is the law for all penalties, that one who admits [his guilt] is exempt. And I have already written above (Sefer HaChinukh 49) that we only judge cases of penalties in the Land.