A Dormitory Theft and A Dubious Debt

It was Erev Yom Kippur, and Yosef was lingering outside the mashgiach’s office.

“Come in, Yosef,” the mashgiach said gently. “What’s troubling you?”

Yosef closed the door behind him. “I need to confess something,” he said.

For several moments, he struggled to speak. Finally, the words came out.

“Over the past month, I stole money from several boys in the dormitory.”

The mashgiach’s face grew serious. Yosef continued, his eyes lowered.

“In one room, I took a ten-dollar bill from the table. I spoke with the two roommates, but neither claims it was definitely his. In another room, I took twenty dollars; there, each roommate insists the money was his.”

He paused.

“There’s a third room. I saw fifty dollars and wanted to take it, but I heard someone at the door. I don’t remember whether I took the money or left without touching it. The boy there also doesn’t remember.”

The mashgiach was silent for a moment.

“Yosef,” he finally said, “what you did was wrong – very wrong. Stealing is not something that can simply be erased with regret and viduy.”

Yosef nodded.

“But,” the mashgiach continued, his voice softening, “coming here voluntarily before Yom Kippur and facing what you did takes courage. Real teshuvah begins with honesty.”

“I want to return the money,” Yosef replied. “But to whom do I pay? And how much?”

“Those are important questions,” said the mashgiach. “When there is uncertainty about who owns the money – or even whether you took it at all – the details can be complicated.”

He reached for his phone. “Rabbi Dayan can guide you through the halachic details,” he said, dialing.

The mashgiach handed the phone to Yosef, who asked:

“Who do I pay, and how much?”

“The Mishna (B.M. 37a) teaches that if a person admits of his own accord to having stolen from one of two people, but does not know from whom, he pays both of them,” replied Rabbi Dayan.

“The Gemara (ibid.) explains that this refers to a case in which the thief wants to fulfill his heavenly obligation (ba latzeis yedei Shamayim). Otherwise, he cannot be compelled to pay more than he stole when neither person claims definitively that the thief stole from him. In that case, the two people should divide the money between them (C.M. 365:2).

However, if each person claims definitively that the thief stole from him, the thief is required by law to pay both of them after each of them swears (Shach 365:6). Although the thief stole from only one person, and normally we would not require him to pay double out of doubt, Rambam (Hilchot Gezeilah 4:9) explains that the Sages imposed a fine upon the thief, requiring him to pay both potential victims when they both claim definitively.

In the case of a single victim, if a person stole and is uncertain whether he returned the money but the victim claims definitively that it was not returned, the thief is required by law to pay, like other cases in which there is a definite debt and uncertainty about whether the money was returned (C.M. 75:9).

If the victim is also unsure whether the money was returned, here also the thief should pay if he wants to fulfill his heavenly obligation, but he cannot be compelled to pay, like other cases when both parties are in doubt (C.M. 75:10; Rema 365:2).

However, if the “thief” is not sure whether he stole in the first place, and the “victim” is also unsure, there is not even a heavenly obligation, as in other cases where it is questionable whether an obligation was ever formed (ibid.).

“Therefore, in the first room, where neither roommate claims definitively, it suffices according to halachato return $10 to the two roommates together. But since you are coming during Aseres Yemei Teshuvah and want to fulfill your heavenly obligation, you should pay each of them $10,” concluded Rabbi Dayan. “In the second room, where both roommates claim definitively, you must pay each of them $20. In the third room, where you are not sure whether you stole and there is no definitive claim, you have no obligation whatsoever to pay the $50.”

Verdict: When a person admits stealing from one of two people, the rules are as follows: If both victims claim definitively that he stole from them, he must pay them both. If the victims are also unsure from which of them he stole, by law the thief needs to pay once, and the two victims should split the money; if he wants to fulfill his heavenly obligation, he should pay them both.