478

Return the robbed object or its value

The Luchos - Ten Commandments

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וְהָיָה֘ כִּי־יֶֽחֱטָ֣א וְאָשֵׁם֒ וְהֵשִׁ֨יב אֶת־הַגְּזֵלָ֜ה אֲשֶׁ֣ר גָּזָ֗ל א֤וֹ אֶת־הָע֨שֶׁק֙ אֲשֶׁ֣ר עָשָׁ֔ק א֚וֹ אֶת־הַפִּקָּד֔וֹן אֲשֶׁ֥ר הָפְקַ֖ד אִתּ֑וֹ א֥וֹ אֶת־הָֽאֲבֵדָ֖ה אֲשֶׁ֥ר מָצָֽא: - פָּרָשַׁת וַיִּקְרָא
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Leviticus 5:23 - "and it shall be, when he has sinned and is guilty, that he shall return the article which he had robbed, or the funds which he had withheld, or the item which had been deposited with him, or the article which he had found;"

This Mitzvah's Summary

מִצְוָה עֲשֵׂה - Positive Commandment
מִצְוָה לֹא תַעֲשֶׂה - Negative Commandment
Justice / Courts – דִּינִים

One who robbed or coerced another must return the stolen item or pay its full value, restoring the victim’s loss.

This mitzvah obligates a gazlan (robber) to actively undo the harm caused by his sin. It is not enough to merely refrain from further wrongdoing; Torah demands tikun, repairing the breach created between people.

Rambam (Hilchos Gezeilah Va’Aveidah 1:1) codifies that the mitzvah includes returning the object itself whenever possible, for true rectification lies in restoring what was taken, not simply providing monetary compensation. Even if one already confessed or accepted punishment, teshuvah is incomplete without restitution (Bava Kama 94b).

Sefer HaChinuch (Mitzvah 130) writes that the purpose is to preserve justice and emunah — faith that Hashem apportions possessions properly, and robbery is an assault on Divine Providence. Chazal emphasize that stolen property becomes a spiritual poison until returned (Sukkah 30a).

Thus, this mitzvah bridges bein adam laMakom and bein adam laChaveiro, demonstrating that teshuvah must repair both realms.

Commentary & Classical Explanation

  • Rambam (Hilchos Gezeilah Va’Aveidah 1:5): Returns are required even if the object has depreciated or has been partially altered.
  • Rashi (Lev. 5:23): “He must return the theft itself” — the Torah prefers full restoration of the original item.
  • Talmud (Bava Kama 94b): No atonement without restitution.
  • Ramban (Bava Basra 88b): Returning stolen property restores shalom and cleanses one’s hands before Hashem.
  • Chofetz Chaim (Ahavas Chesed 9): Restitution is a profound act of tikkun hamiddos, transforming the character that allowed the sin.

Contrast with Mitzvah 477 (Not to desire another’s property)

  • Mitzvah 477 prohibits internal craving; Mitzvah 478 repairs a completed violation.
  • Ramban: one prevents; one restores. Both protect trust and contentment within Klal Yisrael.

Parallel with Mitzvah 480 (Returning lost property)

  • Both deal with restitution, supporting dignity and communal order.
  • Chazal: Returning loss is chesed; returning theft is justice (Yerushalmi Bava Kama 8:5).

Commentaries

(Source: Chabad.org)

Applying this Mitzvah Today

Financial Honesty & Repentance

  • Teshuvah requires restitution: unpaid debts, undercharged wages, miscalculated reimbursements require active return (Choshen Mishpat 366).

Misappropriation in Business

  • Deceptive billing, withholding employee benefits, pressured sales tactics — all require gezel-dik compensation (Bava Metzia 51a).

Digital Piracy & Intellectual Property

  • Unauthorized use of media, courseware, or software requires repayment when possible (Igros Moshe CM 1:88).

Government & Tax Law

  • Evading lawful taxation is theft from the public (Noda B’Yehudah, Mahadura Tinyana CM 24). This mitzvah demands correction.

Reconciliation & Shalom

  • The Chofetz Chaim writes: restitution heals broken relationships and restores tzelem Elokim to both sides — giver and receiver.

Bitachon in Livelihood

  • Returning what was stolen is a declaration: “Parnasah comes only from Hashem.” Anything gained through injustice cannot remain a blessing.

This Mitzvah's Divrei Torah

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Notes on this Mitzvah's Fundamentals

Monetary Laws – דִּינֵי מָמוֹנוֹת

  • Rambam’s structure of halachah shows that a Torah economy is built not merely on contracts but on ethics shaped by Hashem — restitution restores order to commerce by sanctifying ownership.

Justice – צֶדֶק

  • Returning theft fulfills “tzedek tzedek tirdof” (Deut. 16:20); it transforms halachic obligations into a lived expression of Divine justice, reestablishing what Heaven had rightfully granted.

Community – קְהִלָּה

  • Chazal teach that theft corrodes society, while restitution rebuilds trust. Communities flourish where property is secure and repentance is honored.

Compassion – רַחֲמִים

  • Rambam notes that timely return of stolen goods spares victims ongoing loss and anguish — chesed expressed through responsibility and repair.

Bein Adam L’Chaveiro – בֵּין אָדָם לַחֲבֵרוֹ

  • Yoma 85b: Interpersonal sins require personal appeasement. Restitution is accountability in action — restoring dignity and shalom between Jews.

Faith – אֱמוּנָה

  • One who returns a gain he once cherished declares: only Hashem gives parnasah. Emunah is proven in the courage to let go.

Holiness – קְדֻשָּׁה

  • The Ramban writes that holiness resides not only in the Beis HaMikdash but in honest dealings. Financial teshuvah elevates daily life into avodas hakodesh.

Teshuvah – תְּשׁוּבָה

  • The Rambam teaches that sincere teshuvah is incomplete until the victim is made whole. Returning theft becomes a defining act of spiritual rebirth.

This Mitzvah's Fundamental Badges

Justice – צֶדֶק

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Mitzvot that uphold fairness, honesty, and moral responsibility. Justice is kindness structured — ensuring that society reflects G-d’s order through truth, equity, and accountability.

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Community – קְהִלָּה

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Mitzvot that strengthen communal life — showing up, participating, supporting, and belonging. Community is where holiness is shared, prayers are multiplied, and responsibility becomes collective.

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Compassion – רַחֲמִים

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Empathy in motion — responding to another’s pain with sensitivity, patience, and understanding. Whereas chesed gives broadly, rachamim responds gently, tailoring care to a person’s emotional or spiritual needs.

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Between a person and their fellow - בֵּין אָדָם לַחֲבֵרוֹ

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Mitzvot that govern ethical behavior, kindness, justice, and responsibility in human relationships. These actions build trust, dignity, and peace between people.

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Faith - אֱמוּנָה

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Represents Emunah—the deep, inner trust in Hashem’s presence, oneness, and constant involvement in our lives. This badge symbolizes a heartfelt connection to G-d, rooted in belief even when we cannot see. It is the emotional and spiritual core of many mitzvot.

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Holiness - קְדֻשָּׁה

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Represents the concept of  spiritual intentionality, purity, and sanctity—set apart for a higher purpose.

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