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Summary of Parasha & Halacha Shiur for Parashat Yitro by Dayan Shlomo Cohen
We are commanded not to steal. According to Maran, who follows the Rambam, that includes stealing from a non-Jew. However, the Rama permits keeping a Hafka’at Halva’a (forgotten debt) or mistake of a Goy, unless there is a chance of Hillul Hashem.
The Sm”a writes,that not paying from merchandise is not considered a “forgotten debt” but rather stealing, and is forbidden. Rama says that the mistake we permit must be made by the Goy, but one may not trick a Goy. The Be’er HaGolah writes that money made from such mistakes is never blessed, whereas, people who have returned the money in place of Hillul Hashem merited great Beracha.
The Havot Ya’ir was asked about two thieves who conspired to steal silverware, one climbed up the ladder, packed up a sack and threw it down to his friend who drove off and sold $100,000 worth of merchandise for $20,000 in the black market. One of them was caught, and was obligated to pay $100,000 for the real value of the merchandise. Many years later they both became Ba’ale Teshuva and they met on Erev Yom Kippur! The thief who was caught told his friend he owes him $50,000 for his share of the theft.
The Havot Ya’ir says that we may compare this to two “business” partners who borrowed jointly, where, if one was made to pay the full loan the other must reimburse him for half. Or we can compare it to two damaging partners, where, if only one was caught, it would depend whether each one could’ve caused the damage on their own right. Thus, in our scenario, if each could’ve stolen on their own right, it would seem that each one is really responsible for the full value, whereas if they could’ve only stolen together, then each one is only responsible for a half.