בס”ד
A THOUGHT ABOUT PARSHAT NASO 5785
Biblical Foundation: Numbers 5:6–7
| 6 Speak unto the children of Israel: When a man or woman shall commit any sin that men commit, to commit a trespass against the L-RD, and that soul be guilty; | ו דַּבֵּר, אֶל-בְּנֵי יִשְׂרָאֵל, אִישׁ אוֹ-אִשָּׁה כִּי יַעֲשׂוּ מִכָּל-חַטֹּאת הָאָדָם, לִמְעֹל מַעַל בַּד’; וְאָשְׁמָה, הַנֶּפֶשׁ הַהִוא. |
| 7 then they shall confess their sin which they have done; and he shall make restitution for his guilt in full, and add unto it the fifth part thereof, and give it unto him in respect of whom he hath been guilty. | ז וְהִתְוַדּוּ, אֶת-חַטָּאתָם אֲשֶׁר עָשׂוּ, וְהֵשִׁיב אֶת-אֲשָׁמוֹ בְּרֹאשׁוֹ, וַחֲמִישִׁתוֹ יֹסֵף עָלָיו; וְנָתַן, לַאֲשֶׁר אָשַׁם לוֹ. |
These verses from the Torah lay the foundation for understanding the spiritual and legal response to sin—especially theft—and the importance of confession, restitution, and additional compensation. Though originally directed to the Israelites, they contain timeless principles of justice that also serve as ethical guidance for non-Jews living according to the Noahide Laws.
The Severity of Theft According to the Noahide Laws and Jewish Law
In our modern society, theft is often viewed as a common wrongdoing – something immoral, yes, but not necessarily life-threatening or irreparable. However, from a Biblical and halachic (Jewish legal) perspective, the approach to theft is far stricter. Both in the Noahide Laws, which apply to non-Jews, and in Jewish Law (Halacha), theft is considered an extremely serious transgression – even when it involves what seems like an insignificant amount. It is such a grave sin because it undermines the foundational trust between people.
The Talmud teaches that one who steals from his fellow is considered as if he killed him (Bava Kama 119a). This stark comparison reveals the deep moral harm theft causes—it robs not only material goods but also dignity, trust, and peace of mind. In this light, theft becomes not just a legal violation, but a spiritual wound inflicted upon society.
Theft Under the Noahide Laws: A Capital Offense
See Shulchan Aruch HaRav, Laws of Robbery, topic 23: Gentiles are prohibited from committing theft and extortion, just like Jews, since this is one of the Seven Noahide Commandments. They are liable for capital punishment for robbing by force or stealing from another person.
Theft in any form – whether it involves material possessions, time, or intellectual property – is considered a severe sin. Rabbi Moshe Weiner emphasizes in The Divine Code that there is no minimum threshold for the prohibition of theft. Even if a non-Jew steals an insignificant amount of money, they are guilty of a capital sin according to the Torah. This highlights how serious this transgression is in the eyes of G-d.
Still, it’s important to note that while the punishment is theoretically capital, this is not carried out in practice today. Instead, the emphasis lies on repentance and restitution.
Different Opinions on Restitution
There are different rabbinic opinions on whether a non-Jew must return what they have stolen:
- Tosafot holds that although returning the stolen item does not exempt the thief from capital punishment, it is nonetheless morally and legally required. A court may compel a non-Jew to make restitution.
- Rashi, however, states that if the thief is already subject to capital punishment, the court cannot additionally impose a lesser penalty such as restitution. That would be a form of double jeopardy. Since the sinner is punished with the greater punishment no need to punish him the lesser one. Nevertheless, the stolen item still legally belongs to the victim, who may reclaim it.
Although there is no specific positive commandment for non-Jews to return stolen property, they are still obligated to cease their transgression. This means they must return the stolen object or reimburse its value. This ties into the broader Noahide obligation to establish a just legal system, which includes prohibitions against judicial inaction.
Although the death penalty is not enforced in our times, the emphasis lies on repentance and restitution. Jewish legal principles can serve as a moral guide in determining what is fair and just. Rabbi Yonatan Shteif discusses this in Mitzvos HaShem (pp. 444–448, Mitzvos 49, 55, 56), citing the Ramban on Deuteronomy 34:13, who states that the entire commandment of Dinim is to be understood according to Jewish law.
Jewish Law: Confession and Compensation
The Torah addresses the principles of repentance and compensation for sins, including theft, in Numbers 5:6–7:
“When a man or woman commits any sin that men commit, to trespass against the Lord, and that soul be guilty, then they shall confess their sin which they have committed. He shall make restitution in full for his guilt and add one-fifth to it, and give it to the one against whom he has been guilty.” (Numbers 5:6–7)
While this applies to Jews, it can serve as moral guidance for non-Jews who wish to follow the Noahide Laws.
Compensation involves:
- Confession of guilt (Viduy),
- Returning the stolen item (Hashavat Gezeilah),
- A fine of one-fifth (20%) added to the value of the stolen item.
A fine of one-fifth (20%) is added to the value of the stolen item.
Chizkuni, commenting on Numbers 5:6, explains that this additional 20% applies when the thief confesses voluntarily. If, however, there are witnesses and the confession is not made freely, the thief must pay a double fine — two times one-fifth (i.e., 40%).
Or HaChaim notes that while the prohibition against theft is phrased in the plural, the language shifts to the singular when speaking about confession and restitution. He explains that confession is a universal obligation – everyone must examine their own actions. We should all ask ourselves whether we have wronged others, whether we’ve used work hours for personal matters, or borrowed something (like a pen) and failed to return it.
When it comes to compensation, however, the Torah is compassionate. It takes the financial situation of the wrongdoer into account. For instance, a poor person may be allowed to bring a less costly offering. This demonstrates that Jewish law is not only just, but also compassionate.
Conclusion
Theft is not merely a legal infraction; it is a spiritual offense – a breach of trust between people and a rebellion against the authority of G-d. Both for Jews and non-Jews, the Torah teaches that even the smallest act of theft must be taken seriously.
The Noahide Laws underline this by classifying theft as a capital offense—not to enforce the death penalty today, but to underscore the gravity of the sin. Jewish law, in turn, offers a balanced approach involving confession, restitution, and accountability.
In an age where the moral compass of society is increasingly challenged, this divine perspective remains a shining beacon of justice and ethics.
By Angelique Sijbolts
With thanks to Rabbi Moshe Bernstein for the feedback
Sources
The Divine Code by Rabbi Moshe Weiner Part VII p. 480, 496,497,498
See also: HOW TO BECOME A CONSIOUS NOAHIDE
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