"Geneivat Da'at" – Theft of the Mind

Art: Jacek Yerka

by Rabbi Eli Mansour

The Torah in parshas Mishpatim denounces as a thief not only one who steals property but also someone who acts in a deceptive manner towards others.

Trickery, lying, and deceiving, are forms of stealing.

The Tosefta in Masechet Bava Batra lists seven categories of theft, and mentions at the top of the list, as the most grievous form of thievery, the sin of "Geneivat Da'at," which literally means "theft of the mind," referring to deception.

The Ritva (Rabbi Yom Tov Ashbili, Spain, 1250-1330), in his commentary to Masechet Chulin, writes that deceiving another person transgresses a Torah violation. According to the Ritva, the verse "Lo Tignovu" ("Do not steal" – Vayikra 19:11) refers specifically to this form of "theft," and thus a person who deceives another violates this Torah prohibition. This is also the position of the Yerei'im (by Rabbi Eliezer of Metz, France, 1115-1198), in Siman 124. Others, however, maintain that deception transgresses a Rabbinic edict, and not a Torah violation.

We present here a number of practical examples of Geneivat Da'at.

The Gemara mentions the example of somebody who invites his fellow to join him for a holiday, fully aware that this person had already made plans to spend the holiday elsewhere. He deceives his fellow into thinking that he sincerely wishes to host him, whereas in reality he has no actual intention to extend the invitation. Even though no practical harm results from this disingenuous invitation, it nevertheless violates the prohibition of Geneivat Da'at, insofar as the individual has deceived his fellow.

In the context of business operation, the issue of Geneivat Da'at arises quite frequently. For example, a proprietor may not announce a 50% price reduction and then raise the prices so that the sale price will amount to the item's actual price. Even though he in the end receives a fair price for the merchandise, he has nevertheless transgressed the prohibition of Geneivat Da'at because he has deceived the consumers.

The Poskim (Halachic authorities) discuss the question of whether a person who purchased a gift for his fellow at a discount price may leave the original price-tag on the package, so that the recipient will think he paid the price listed on the tag. Would this be considered Geneivat Da'at, in that the giver deceives the recipient into thinking that he paid a higher price for the gift? The Poskim generally conclude that one may leave the price-tag on the package, since the price on the tag is, after all, the true value of the item purchased.

Another question addressed by the Poskim concerns a case of one who wishes to give a gift. For example, it is forbidden to gift a set of Zohar that has several pages missing. The person giving the gift assumes that the recipient will never actually study the Zohar and will thus never realize that the set is missing pages. The Poskim write that it is forbidden to give this set as a gift, since one thereby deceives the recipient into thinking that he has received a perfect set of Zohar, whereas in reality it is defective.

Rabbi Moshe Feinstein (Russia-New York, 1895-1986) records in his work Iggerot Moshe a question he was asked as to whether Yeshiva High School students may be shown the answers to the Regents' Exams before the tests, so that they will not have to study the material and could use the extra time for Torah study. Rabbi Feinstein responds by expressing his astonishment over the very posing of such a question. Cheating is a clear violation of Geneivat Da'at, and it cannot possibly be allowed even for the purpose of facilitating additional time for Torah study.

Rabbenu Yona of Gerona, Spain (1180-1263), in his work Sha'arei Teshuva, compares one who steals property committing a sin with his hands to sins involving deceit. A person's soul, he explains, is a part of the Almighty Himself, the embodiment of perfect, unadulterated truth. Engaging in deceitful conduct contaminates this Godly quality of the soul, and thus constitutes a most grievous sin, more severe than the theft of property.

Summary: Geneivat Da'at, deception, is deemed by Halacha as the most grievous form of theft.

Seeing Right Though You

The time has come when the truth is finally being exposed.

Both Hitler yemach shemo and Ahmadinejad are Amalek, we knew that.....  ages ago.

Now it's all over the news:   Ahmadinejad 'like Hitler'

The world of truth is seems to be arriving faster than we could have imagined.

And all those TSA body scanners at the airports are letting people know that the time has come when "we can see right through you".

All the lies are being exposed, people are being seen for who they really are. Secrets are being revealed.

It seems like the times of Moshiach are very very close.

The Great Pretenders

Art: Mike Worrall

This world is a world of illusion.  The truth is hidden.  We are constantly bombarded by deception. People are not always who they appear to be.

There are some people who deceive everyone around them: they put on their masks to present themselves to the world, but if you follow them home, you will see them for who they really are.   It doesn't matter how many "good deeds" they do in public, if they behave like an animal in their own home, abuse their family.... manipulate their friends... they will be judged accordingly. They are the deceivers, the hypocrites, the mutton dressed up as lamb.

A time is coming when their deception will be obvious to all.

A time is coming where we will see the truth, and those who lie, cheat and steal, who abuse others less fortunate, who manipulate and terrorise, will be seen for who they really are.

The masks will fall, and the truth will be seen.

That time is coming, and it's coming very soon.

The Talmud [Bava Basra 10:] tells of what we now call a near death experience. Rav Yosef the son of Rav Yehoshua was 'dead' for a short period of time and then was resuscitated. To his father's question of what did he see, he responded: "I saw an olam hafuch (an upside down world). The elyonim ('high' people) were low and the tachtonim ('low' people) were high."

His father responded: "You saw an olam barur (a clear world)!"

Empty Hands

Art: Maryana Beletskaya

Do not be concerned with wealth. Even with it your life can be in vain. The world deceives us completely. It makes us think that we are constantly gaining, but in the end we have nothing. People spend years earning money, but are left with empty hands.

Even one who attains wealth is taken away from it. Man and wealth can't endure together. Either wealth is taken from the man or the man is taken from his wealth. The two do not remain together.

Where are all the riches accumulated since the beginning of time? People amassed wealth since the beginning, where is it all? It is absolutely nothing.        

Rebbe Nachman of Breslov

Deceptive Appearances

Art by Krista Huot

In Parshas Toldos we read about Eisav's deceptive acts towards his father, climaxing at the end of the Parsha, where he marries one of Yishmael's daughters in order to appear righteous in Yitzchak's eyes. 

Rashi, however, comments that in fact "he added wickedness upon his wickedness, in that he did not divorce the first ones" [28:9] - i.e. just like he had married his first wives in an attempt to appear righteous [26:34] so too here "he added wickedness upon wickedness" marrying once again, this time to a member of Avraham's family in order to maintain his deceptive veil of righteousness.

In the following Parsha, Vayeitzei, we read of another trickster, Lavan, who acted deceptively towards Yaakov. However, it could be argued that Eisav's deception towards his father reprsented a greater degree of moral corruption than the acts of Lavan, because Eisav actively promoted himself as a righteous person.  Lavan, on the other hand, may have acted deceptively, but he did not scheme to find ways of proving his righteousness to others.  He merely concealed his selfish and corrupt motives so Yaakov would not come to uncover his plans.

So, the Torah's description of Eisav here, at the end of Parshas Toldos, comes to warn us of the moral corruption which was exemplified by Eisav.  Here we are warned to steer clear of this lowly activity: promoting oneself as righteous while the truth is something very different indeed.

Source: Based on Likutei Sichos of the Lubavitcher Rebbe, The Gutnick Chumash

It Is Obvious

A person mistakenly thinks he can hide those parts of his personality he doesn't want the world to see, and reveal only the parts he's willing to let others know about. But the truth is that even the deepest parts of a personality stand out on the tip of your nose for everyone to see - everyone except yourself.

A person thinks he knows himself, but even that he doesn't know. Similarly, a person thinks he knows how his voice sounds, but when he hears himself on a tape he sounds strange. He can't believe it's really him while others recognize his voice right away. This is also true of our drives and motivations: we deceive ourselves as to what we really think, while to an outsider it is obvious.

Rabbi Mendel Kaplan "Reb Mendel and his Wisdom" by Yisroel Greenwald
Art: Mike Worrall

The Most Noble Trait

"But Yaakov was a wholesome man, dwelling in tents" [Toldos 25:27]

Rashi comments: One who is not sharp to deceive is called "wholesome".

Someone who is not sharp to deceive said the Lubliner Rav, is the type of person who has no notion of how to go about deceiving another person. Such a person is called a "tam" - a simple one. However, somebody who knows how to deceive others yet chooses not to act in such a manner is referred to as an "ish tam" - a wholesome man.

Yaakov Avinu was familiar with the ploys of deception, as he testified about himself during his stay in the house of Lavan: "I am his brother in trickery". Nevertheless, he chose to walk along the path of truth and honesty, thereby earning himself the title "wholesome man".

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From this verse we see, said the Sh'lah HaKadosh (R' Yeshayah HaLevi Horowitz) that the trait of wholesomeness is the most noble of all the traits.

For there is no doubt, reasoned the Sh'lah, that Yaakov possessed every good character trait possible. Yet the only trait that Yaakov is explicitly praised for in the Torah is his wholesome character. This implies that there is no trait more exalted than wholesomeness.

Source: Rabbi Yisrael Bronstein

The Portrait of the King

Once there was a king who had a wise man. The king said to the wise man:

"There is a certain king who designates himself  'a mighty hero', 'a man of truth', and 'a humble person.'  As to his might, I know that he is mighty, since the sea surrounds his country, and on the sea stands a fleet of ships with cannon, and they do not let anyone approach. And inland there is a big swamp surrounding the country. Through the swamp there is only one narrow path and on the path only one man can walk at a time, and there, too, there are cannon. When someone comes to fight them, they shoot the cannon, and it is impossible to approach. But why he designates himself 'a man of truth' and 'a humble person,' this I do not know. And I want you to fetch me the portrait of that king."

That king (who spoke to his wise man) had all the portraits of all the kings, but no portrait of the king who had designated himself (with these titles) was available because he is hidden from men, since he sits under a canopy and is far from his subjects.

The wise man went to that country. The wise man made up his mind that he had to know the essence of the country. And how could he know the essence of the country? By the country's jokes. Because when one has to know something, one should know the jokes related to it. There are several kinds of jokes. Sometimes one really intends to harm his friend with his words, and when the friend becomes angry, he says to him: "I am joking as is written: 'As a madman casts firebrands, arrows, and death.' " (It is like one shoots arrows into his friend's heart and says, "I am joking.") And sometimes one does not intend it as a joke, even so his friend is harmed by his words. Thus there different kinds of jokes.

Among all countries there is one country which includes all countries (in that it serves as the rule for all countries), and in that country there is one city which includes all cities of the whole country which includes all countries. In that city is a house which includes all the houses of the city which includes all the cities of the country which includes all countries. And there is a man who includes everybody from the house, etc. And there is someone there who performs all the jests and jokes of the country.

The wise man took with him much money and went there. He saw that they were performing all kinds of jests and jokes, and he understood through the jokes that the country was full of lies from beginning to end because he saw how they were making fun, how they deceived and misled people in commerce, and how, when he turned for justice to the magistrate, everyone there lied and accepted bribery. He went to the higher court, and there, too, everything was a lie and in jest they faked all those things.

The wise man understood through that laughter that the whole country was full of lies and deceit, and there was no truth in it. He went and traded in the country and he let himself be cheated in commerce. He went to trial in court and he saw that they were all full of lies and bribery. On this day he bribed them, and on the next they did not recognize him. He went to the higher court, and there, too, everything was a lie, until he reached the senate and they, too, were full of lies and bribery. Finally he came to the king himself.

When he came to the king he stated: "Over whom are you king? For the country is full of lies, all of it, from beginning to end, and there is no truth in it!"

He started telling all the lies of the country. The king bent his ears toward the curtain to hear his words, because he was amazed that there was a man who knew all the lies of the country. The ministers of the kingdom who heard his words were very angry with him but he continued to tell about all the lies of the country.

That wise man concluded: "And one could say that the king, too, is like them, that he loves deceit like the country. But from this I see how you are 'a man of truth.' You are far from them, since you cannot stand the lies of the country."

He started praising the king very much. The king was very humble, and his greatness lay in his humility. And this is the way of the humble person: The more one praises and exalts him, the smaller and humbler he becomes. Because of the greatness of the praise with which the wise man praised and exalted the king, the king became very humble and small, till he became nothing at all. And the king could not restrain himself, but cast away the curtain, to see the wise man: "Who is it who knows and understands all this?" And his face was revealed. The wise man saw him and painted his portrait and he brought it to the king.

from the writings of Rebbe Nachman of Breslov, translated by Joachim Neugroschel

Fooling Yourself

People mistakenly think they can hide those parts of their personality they don't want the world to see, and reveal only the parts they are willing to let others know about.

But the truth is that even the deepest parts of a personality stand out on the tip of your nose for everyone to see - everyone except yourself.

A person thinks he knows himself, but even that he doesn't know. Similarly, a person thinks he knows how his voice sounds, but when he hears himself on a tape he sounds strange. He can't believe it's really him while others recognize his voice right away. This is also true of our drives and motivations: we deceive ourselves as to what we really think, while to an outsider it is obvious.

Rabbi Mendel Kaplan "Reb Mendel and his Wisdom" by Yisroel Greenwald

The Purpose of Falsehood

by Rabbi Daniel Travis

Two by two the animals came into the Ark to Noach. [Bereishis Noah 7:9]

The concepts in this verse are illustrated by the following allegory:

Sheker (lies/deceit) approached Noach and requested entry into the Ark. Noach refused sheker on the grounds that it did not have a “mate.” When sheker left Noach, it met pachsa (financial loss and destruction) and proposed that they form a partnership, so that together they could gain entry into the Ark. Pachsa agreed, stipulating that any profit which would be earned through sheker would be handed over to pachsa to be destroyed.

There are many questions to be asked about this allegory. Why did our Sages see fit to single out sheker from all the possible negative character traits? Furthermore, why was it necessary for sheker to find a mate? Surely it would have been better to deny sheker entrance to the ark altogether. On the other hand, if sheker belonged in the world, should it not have been allowed to enter the ark without having to fulfill any conditions?

The decree of the flood was sealed on account of the dishonesty of that generation. Sheker was rampant, and there was no way to stop it short of wiping out the entire world. In the process of reconstructing the world, God wanted to make sure that the sins which had caused it's demise would not be repeated. Therefore sheker could not be allowed to perpetuate in its present form. However, it was important that sheker continue to exist in order for the iniquities of the previous generation to be rectified. This could only come about through recognition of the utter futility of any involvement with sheker.

When pachsa joined forces with sheker, causing the loss of all profits earned through sheker, it made it glaringly evident that any association with sheker is totally counterproductive. The lesson that would be learned from the alliance between sheker and pachsa allowed sheker to continue to exist.

After leaving the ark, sheker came to pachsa and requested all of the profits that it had acquired through under-handed methods. Pachsa reminded sheker of their agreement, and sheker was unable to respond. Although under normal circumstances sheker would have denied ever making such a promise, this case was different. Denying the truth would be tantamount to self destruction, for without its partnership with pachsa, sheker would not be allowed to exist.

At the time of the flood sheker joined with pachsa to teach the following generations the futility of trying to acquire wealth dishonestly. Although this type of destruction is certainly a punishment for one’s crooked behavior, there is a flip side to this relationship. Since pachsa “wed” itself to sheker, it can not affect any money earned one hundred percent honestly.

This concept was vividly demonstrated to the Jewish people after their Exodus from Egypt. For forty years they were sustained every day with manna, a miraculous food that descended from the heavens. Each individual was instructed to take an omer each day – not more, not less. If someone tried to “steal” a little bit more than he was allotted, the extra manna would disappear. The futility of taking more than was Divinely allotted was quite clear. Although we are not privileged to see this principle in action in such a striking fashion, it is still in effect even in our times.

Someone once came to Rav Mordechai Schwab and told him that one of his investments had gone sour, causing him a loss of seventy thousand dollars. Rav Schwab asked him if the money had been earned honestly to which the man replied in the affirmative. Rav Shwab assured him that he would recover the money, for wealth acquired honestly does not get lost. Within a few months the investment turned a profit.

Similarly, when Rav Chaim of Volozhin was hosting a meal in his home, one of his guests inadvertently knocked over the table. All the delicate porcelain on the table came crashing to the floor. The guests were all stunned into silence, in anguish over the tremendous loss which they were certain had occurred. Only Rav Chaim remained calm. He explained to his guests that property loss can occur only if the money used to purchase that property had been acquired corruptly. Since he knew that every penny used to buy the dishes that now lay on the floor had been earned honestly, he was sure that none of the porcelain had broken, so there was nothing to worry about. When they picked up the dishes, they found that not a single one was broken or damaged.

From the above incidents we see that the partnership that sheker established with pachsa still remains in force. As such, we can be sure that any funds acquired without a tinge of corruption are not subject to pachsa, and will be spared from damage.

(c) Text Copyright © 2006 by Rabbi Daniel Travis and Torah.org