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- The law regarding Gentiles, Apikores, Hekdish:
Seven Noahide laws – Are Gentiles prohibited from transgressing Lo Sachmod:[1] Some Poskim[2] rule that Gentiles are included within the prohibition of Lo Sachmod, and it is hence forbidden for a Gentile to covet the item of another person, whether Jew or Gentile, in a way that is prohibited for a Jew, as explained above.[3]
A Jew coveting the item of a Gentile:[4] One who covets the item of a gentile does not transgress the prohibitions of either “Lo Sachmod” or “Lo Sisaveh.” Accordingly, one who forcibly purchases the item from a gentile owner without his consent, such as if the if the owner refuses to sell the item and he takes it by force and pays the owner for it, whatever its value may be, then he does not transgress neither the stealing prohibition, nor the prohibition of Lo Sachmod. Likewise, it is not transgressed if one takes an item from a gentile with intent of paying the gentile its full value, even if the item is not for sale and the Gentile does not agree to sell it.[5]
Coveting an item jointly owned by a Jew and Gentile: Some Poskim[6] rule that the prohibition of Lo Sachmod does not apply to an item that is jointly owned by a Jew and Gentile, just as it does not apply to an item owned by a gentile.
Coveting the item of an apostate Jew [i.e. Apikores]: Some Poskim[7] rule that an apostate Jew who is in the category of Moridin Velo Maalin, has the same status as a Gentile regarding the prohibition of Lo Sachmod.
Coveting an item of Hekdish: Some Poskim[8] rule that the prohibition of Lo Sachmod does not apply to an item that is owned by Hekdish.
Q&A May one steal from a gentile with intent to return? No. It is forbidden to steal from a gentile even with intent to return the item, just as is the law by a Jew.[9] It is however permitted to steal from the gentile with intent to pay for the item its full value, as stated above.
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[1] See Encyclopedia Talmudit ibid p. 470-471 footnotes 170-177
[2] Chinuch Mitzvah 416 regarding Lo Sisaveh “Kol Boeiy Olam”; Minchas Chinuch Mitzvah 38 [that is life stealing and is liable for death and even for less than Peruta]; See Encyclopedia footnote 171; See Avnei Nezer Neos Desha Chayeh Sarah that Avraham was allowed to pressure Efron to sell in the plot of land in Chevron because it really belonged to him in the first place
Other opinions: Some Poskim rule that Gentiles are not commanded against transgressing the prohibition of Lo Sachmod. [See Encyclopedia Talmudit ibid footnote 177]
[3] The reason: The reason for this is because the prohibition of Lo Sachmod is a subcategory of the stealing prohibition, of which Gentiles are commanded against.
[4] Admur Hilchos Gezeila Ugeneiva Kuntrus Achron 6 and Admur Kuntrus Achron 440:11 based on Bava Kama 113b ; Implication of Admur Hilchos Gezeila Ugeneiva Halacha 5 “Shel Chaveiro”; Implication of verse in Shemos ibid and Devarim ibid “Reiacha – Your friend”; Minchas Chinuch Mitzvah 38; Chasan Sofer in Shaar Hamakneh p. 92; Machaneh Chaim 2:32; Hamakneh Kuntrus Achron 28:1; Poskim brought in Sdei Chemed Mareches Lamed 130; See Avnei Nezer 44:4; 324:5; 325:15; Emek Sheila 82; Tehila Ledavid 3:31; Chikrei Halachos ibid; See Encyclopedia Talmudit ibid p. 478-479 footnotes 237-246 and many Poskim in footnote 240
Other opinions: Some Poskim rule the prohibition of Lo Sachmod applies even against the property of a gentile, and hence it is forbidden to steal his items even if one has intent to pay. [Aveni Nezer ibid in name of Chelkas Yoev; Devar Moshe Tinyana 98; Poskim in Sdei Chemed ibid; Poskim in Encyclopedia Talmudit ibid p. 478-479 footnote 243; See Perisha 604;] Other Poskim leave this matter in question. [P”M 604 M”Z 1]
[5] Admur KU”A ibid
The reason: As when one intends to pay the owner for the value of the stolen object there is no prohibition of stealing, but rather of Lo Sachmod [Admur KU”A ibid based on Bava Metzia 5b; Avnei Nezer 44:4; 324:5; 325:15; See Chikrei Halachos 1:23b], and the prohibition against Lo Sachmod [force sales] was never said regarding the items of gentiles. The reason for this is because the verse states “Lo Sachmod … Reiecha”, your friend, which comes to include only a Jew. [Admur KU”A ibid based on ruling that Lo Sashok does not apply to item of Gentile due to that the verse says Reiacha; See Admur Gzeila Ugineiva 4 who excludes the money of a gentile from the prohibition of Lo Sashok, however in Halacha 5 Admur makes no mention of exclusion of item of gentile from the prohibition of Lo Sachmod]
[6] See Betzel Hachochma 3:46; Encyclopedia Talmudit ibid p. 478 footnote 242
[7] See Encyclopedia Talmudit ibid p. 478 footnote 241
[8] See Minchas Chinuch 416; Betzel Hachochma 3:46; Encyclopedia Talmudit ibid p. 479 footnote 245
[9] So is evident from Admur ibid 1 who writes the stealing prohibition applies equally against a Jew and non-Jew and in Halacha 2-3 Admur makes no distinction between Jew:gentile, and only in Halacha’s 4-5 is a distinction made regarding the prohibitions of Lo Sashok and Lo Sachmod, hence clearly implying that Lo Signov and Lo Sigzol have same law by both Jew and gentile.
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