THE THIEF WHO PAID IT BACK

A robber returns every penny. Is he now a trustworthy witness, or does the Torah demand something more?

THE CASE

A man steals. Later, whether from regret, fear, or pressure, he gives back every cent. The person he robbed has been repaid, and by any ordinary measure the matter is closed. Yet the Rambam rules that this man still may not serve as a witness, not until he has done teshuvah. If the money is back in the victim's hands, what more does the Torah ask of him? The question puzzled the Tur and the commentators who followed.

A sharp talmid chacham from Wieliczka offered an answer from the Gemara in Bava Kamma: a man who strikes another and then pays the damages is still called a rasha, because the act itself leaves a stain that money cannot wash away. Perhaps theft is the same. He brought the question to the Maharsham.

WHAT'S INSIDE

A good idea, but not a new one. The Maharsham agrees the reasoning from Bava Kamma is sound, then shows it was already cited by earlier authorities.

The answer within the Rambam. The Rambam explains his own ruling. In Hilchos Teshuvah he derives the law from a verse in Parshas Naso, with the Sifrei Zuta making it explicit: sins bein adam l'chaveiro require vidui and teshuvah in addition to restitution.

A distinction that does not exist. Whether the thief hands back the stolen object or pays its value, the Torah still requires an independent act of teshuvah.

The p'sak. Returning the money discharges the financial obligation. It does not discharge the spiritual one. Until the thief demonstrates genuine repentance, he remains unfit to testify.

Gut Shabbos!

The Maharsham Project • www.kechnia.org/maharsham
L’illui nishmas R’ Shalom Mordechai HaKohen Schwadron zt”l • [email protected]