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February 13, 2012
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February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
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February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
Reclaiming what's yours through deception
By
Rabbi Dr. Asher Meir
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http://www.JewishWorldReview.com |
Q. A certain store overcharged me a substantial amount. I don't have enough documentation to prove it. Can I right the wrong by finding a way to take merchandise with the value of their debt?
A.
The first route in redressing wrongs should always be to turn directly to the responsible party and make a clear and convincing presentation of your case. Any kind of action, legal or otherwise, should be resorted to only after a good-faith effort to resolve things amicably. Very often people are totally convinced they are right, but once they have a chance to hear the other side they begin to see that their case is not as strong as they had supposed.
So your first step should be to turn to the store and explain your situation. Proving your case is not necessarily the same as being convincing; most merchants will be fair if a customer presents a convincing case even if the case would not necessarily stand up in court.
If this step is unsuccessful, you want to know if you can take the law into your own hands. In secular law, such a step is sometimes known as "self-help"; Jewish law also recognizes the legitimacy of self-help in certain instances, but its application is severely limited.
The Talmudic passage on which the Jewish doctrine of self-help is based reads as follows:
Rav Yehuda said, a person may not do justice on his own. Rav Nachman said, a person may to justice on his own. Where there would be a loss suffered [by going to court], all agree that a person may do justice on his own. The dispute arises where there is no loss. Rav Yehuda said, a person may not do justice on his own, for since there is no loss he must go to court. Rav Nachman states, a person may do justice on his own, because since the right is on his side he is not required to exert himself [to go through the court process]. (1)
However, this permission is subsequently whittled down significantly by the continuation of the passage and by later authorities.
1. Not sneaky: Later in the same passage, we learn that "self-help" should only be resorted to in a public and demonstrative way:
Ben Bag Bag says, Don't enter your neighbor's courtyard to take [even] your own property without permission, lest you appear to him as a thief. (1)
This consideration certainly applies in your instance; taking an object without paying would definitely make you appear as an ordinary shoplifter. Even if you could be sure not to be detected, the store would believe they were stolen from and every instance of theft lowers the amount of trust and honesty in society as a whole.
Rabbi Asher ben Yechiel, one of the most authoritative early authorities, adds three additional reservations: (2)
2. No other resort: Self-help can be employed only when there is no other way of obtaining justice (besides court).
3. A demonstrable court case. Doing justice for yourself is meant to be a "short-cut" for doing justice through the courts. It follows that it is not permitted in a case where a court could not objectively verify the victim's claim. Otherwise this permission would undermine law and order; any person could resort to trickery and assert that it was in order to right some ancient wrong. This condition is not fulfilled in your case, since you acknowledge that you don't have proof of the wrong that would stand up in court.
4. A specific object. The case of self-help is where the victim recovers a specific object that actually belongs to him. If the store stole your chair and put it in the showroom, "self-help" could be justified if the other conditions are fulfilled. But in the case of a monetary debt, it is not permissible to resort to force or fraud in order to recover a debt. Since at this stage the store merely owes you money, self-help is not a relevant avenue.
Jewish law recognizes that there are some instances where a person can just go ahead and right a wrong without resort to courts. If someone steals your car and parks it in their driveway, you can just go into their driveway and drive it back home. But the application of this doctrine is very limited. We don't allow it to become an excuse for breaking law and order whenever anyone is personally convinced that he has been wronged. In your case, the best course of action is to go straight to the store and make the best case you can, at the same time being prepared to listen to any counterclaims the store might want to present to you.
SOURCES: (1) Babylonian Talmud 27b (2) Cited in Beis Yosef commentary on the Tur, Choshen Mishpat 4
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JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan
administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology.
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