"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.

Oprah is in the House !

It may not mean much to most of you, but Oprah Winfrey's visit to Australia this week has mesmerized Australians.  She's climbed to the top of the Harbour bridge, had lunch at Bondi Beach, dropped in to a couple of surprised locals for dinner (un-announced), spent a night at Uluru.... thrown a party for 450 private guests at a harbourside location, and is generally having the "best time of my life!"

Tomorrow she will be recording her shows at the Opera House (re-named the Oprah House for her visit), to be shown in the US next year. 

It's official: Sydney loves Oprah, and Oprah loves Sydney.  Even the weather changed for her visit: after days of rain, we now have blue skies and sunshine. 

Sydney Harbour Bridge lit up with a Pink O and fireworks



Sydney Harbour: The view

To read more to go: http://www.news.com.au/entertainment/television/oprah-winfrey-climbs-sydney-harbour-bridge/story-e6frfmyi-1225969667959

Yaakov's Secret #2

Surely, if Yaakov would have indeed revealed the time of Moshiach's coming to his children they would have been totally devastated to hear that they had so long to wait.

When Yaakov's sons would hear that Moshiach was not scheduled to come for a long time, they would have realized that some considerable additional effort was needed to bring him sooner - as the Talmud states that through additional merit the Redemption comes earlier [Sanhedrin 98a].  Thus, Yaakov hoped that by revealing that the "end of days" was a long way off, it would motivate his children to add substantially in Divine Service, so as to bring Moshiach sooner.

Nevertheless, despite his good intentions, "the Shechinah departed from him" and Yaakov found himself unable to reveal the end of days.  For, ultimately, G-d wants us to bring Moshiach through our own efforts, and not through the assistance of "revelations" from above.

Source: Lubavitcher Rebbe, Gutnick Chumash

Yaakov's Secret

Art by Alec Levin

In Parshas Vayechi, Rashi explains that Yaakov wished to reveal to his sons when the end of Israel's exile would finally take place (ha'keitz), but the prophetic vision was closed off from him.

Rabbeinu Bachye elaborated on Rashi's words: Yaakov observed that the letters ח and ט do not appear in any of the brother's names. These are the two main letters of the word חט- sin. Yaakov took the fact that the brothers' names did not contain this word as an indication that they were clean of sin and worthy of being told when the future redemption would occur.

But then Yaakov noticed that the letters ק and ץ, which together spell the word קץ (keitz - the end of the exiles) also do not appear in their names. At that point Yaakov thought that perhaps his sons were not worthy of knowing this secret after all.

Because of his hesitation, Yaakov kept the secret closed and did not reveal the information to his sons.

Rebbe Nachman on Emunah

from the writings of Rebbe Nachman of Breslov

When you see something out of the ordinary, don't say that it's coincidence, rather believe that it is Divine Providence.

A person's faith endears him to G-d much like a wife is endeared by her husband.

When a person loses something it shows that he has fallen from his faith.

Should you find that you have doubts about G-d, remain silent. By virtue of this silence, your very thoughts will provide you with an answer to your question.

Remaining silent when you are insulted will earn you the answers to your questions and you'll merit a spirit of understanding.

It is first necessary to have faith in G-d and only then will you be worthy of understanding Him with your intellect.

A person who is always cleaning his hands is purifying his heart.

A man who has no faith does not accept rebuke.

When a man falls from faith, he should know that he is being judged Above.

Judgments: Above and Below



 "When there is no judgment below, there is judgment above". [Devarim Rabbah 5:4]

"You shall not hate your brother in your heart. You shall surely rebuke your fellow man. And do not bear (lo tisa) sin on his account."  [Leviticus 19:17]

Reuven scoffed and cursed a Torah scholar.  The following day the scholar went to the rabbinic court to sue.  Reuven's friends asked the scholar to forgive Reuven, but he refused.

The peacemakers said: "You have already renounced your claim against him three times."

"When did I renounce my claim?" asked the scholar, "and before whom?"

"Before Hashem" said the peacemakers.  "In the prayers of Mincha, Arvit and Shacharit, which you prayed since yesterday's unfortunate incident.  At the end of the Amidah you said "To those who curse me, my soul will be silent".  After such a declaration how can you speak in court against someone who cursed you?"

"You have spoken well" said the scholar, "but allow me to explain the true meaning of this prayer.

"There are two ways to lodge a complaint. Either the soul can speak in the Heavenly Court when it ascends each night, or the body can speak in the earthly court.

"The prayer says "To those who curse me, my soul will be silent".  I am still entitled to lodge a complaint in the earthly court.

"Woe to the victim who cries out, more than to the one who wronged him." [Bava Kamma 93a]

A victim calls upon G-d to punish the one who wronged him - and Heaven treats the victim more severely!  Why?

Let's say Reuven called on G-d to judge Shimon for doing him a grave injustice. Shimon will not be punished until the Heavenly Court judges him.  But Reuven himself probably wronged others at some point in his life - and for him, judicial procedures can be dispensed with.  He himself admitted that such sins warrant severe punishment!

Source: from the writings of the Ben Ish Chai

Elijah's Mission

Behold, I will send you Elijah the prophet before the coming of the great and terrible day of the Lord. [Malachi 3:23]

Elijah comes... only to distance those who were drawn near... and to draw near those who have become distanced... [Eduyot 8:7]

Nowadays, most of the world adheres to falsehood and its accompanying wickedness; "all mankind is deceitful" [Psalms 116:11]. 

In the future, Elijah will change that.  He will distance falsehood - שׁקר - (whose letters are close together) and expel it from the world; and he will draw truth - אמת - (whose letters are far apart) near so that the entire world will adhere to it.

א ב ג ד ה ו ז ח ט י כ ל מ נ ס ע פ צ ק ר שׁ ת

Channels of Prayer

Source: "Not Just Stories" by Rabbi Abraham J. Twerski MD


Why is prayer effective? Does one cause G-d to change His mind by praying? Why does the Talmud indicate that the prayer of a tzaddik is more effective?

Among the various answers that are given is that there are constantly emanations from G-d to provide for all peoples' necessities. These emanations flow along channels which can be affected by peoples' actions. Thus, there are things that people do that can cause obstruction of, or diversion from, these channels, so that the Divine emanations do not reach their intended targets.

Prayer may correct these defects in the channels, thereby allowing the nurturing Divine emanations to proceed to the persons in need. Tzaddikim have special knowledge just where the existing defects or obstructions may be, and they are therefore in a better position to rectify them.

But, we may ask, what is all this about channels and diversion of flow? Why does G-d not simply respond to people directly and give us our needs?

The answer is provided by an understanding of Divine truth and justice. Rabbi Moshe Chaim Luzzatto in his works, Derech Hashem (The Way of G-d) and Daas Tevunos (Wisdom of Understanding) makes it clear that G-d created the world with a system to which He adheres. While there is room for forgiveness of sins in the system of justice, there is no overlooking of transgressions, great or small.

The Talmud is sharply critical of anyone who says that G-d "overlooks" any transgressions [Bava Kamma 50a].

It is not really a testimony to anyone's greatness that he is a beneficiary of an unplanned-for miracle. When prayers are answered, and the results appear to be miraculous, it is because there were defects in the conduits for the Divine emanations, and these were rectified by the prayers, allowing the Divine emanations to reach their original target. Thus, this is not actually an alteration of nature.

The greater skill of tzaddikim in restoring these channels accounts for the special efficacy of their prayers. The faith in the tzaddik is not in any magical powers he possesses, but in his knowledge of how to direct his prayers so that they are more effective.