1. The prohibition of Lo Sisaveh – Thinking of ways of purchasing the item:[1]

[In addition to the coveting prohibition of Lo Sachmod, there is a further prohibition of Lo Sisaveh. The difference between the two prohibitions are as follows: Although the prohibition of Lo Sachmod is not transgressed until one actually purchases [or takes] the coveted item from his friend as a result of his pressure, nonetheless,] from the moment that he begins to covet the item in his heart and thinks of ways of purchasing the item [i.e. thinks of ways of convincing the owner to sell him the item], then he transgresses the negative command of Lo Sisaveh.[2] [This command is listed as one of the 365 negative commands, independent of the negative command of Lo Sachmod.[3] However, if one simply covets the item in his heart and desires it to be his but does not actively contemplate a plan of how to get the item from the person and have him agree to sell it to him, or take it by force, or steal it, then there is no prohibition that is transgressed.[4] In summary, in all cases that one transgresses Lo Sachmod upon getting the coveted item, he already transgresses Lo Sisaveh the moment he begins contemplating how to accomplish getting the item. And, and all cases that getting the item does not transgress Lo Sachmod, contemplating getting it likewise does not transgress Lo Sisaveh. See Halacha D for all the cases that transgress Lo Sachmod.]

Contemplating buying the item from another owner:[5] The prohibition of Lo Sisaveh is only transgressed if one covets the actual item that is owned by his friend and that it enter his possession, and contemplates applying pressure to the owner until he retrieve his item. However, to simply covet an item that is similar to the item of the owner, does not transgress any prohibition. Accordingly, there is no prohibition transgressed with one being envious of an item that a friend owns and then contemplating how to buy that item from a seller.

1. The severity of jealousy of another person’s item:[6]

Leads to stealing and murder:[7] Coveting another person’s item [in one’s heart] leads one to think of ways of how to purchase the item from him, which in turn can lead to stealing [as if the owner refuses to sell it even after they are offered a lot of money and pressured into the sale, then one may come to steal it from him[8]], which in turn can lead to murder [as if the owner tries to physically prevent him from stealing the item, then one may come to murder him as indeed occurred in the story of Achav and Navos[9] as is brought in  the end of the article, and from Geichazi and Achan[10]]. [Furthermore, this can lead one to transgress all of the 10 Commandments, and for this reason it was brought as the last of the 10 Commandments.[11]]

The transgressions:[12] Thus, we learn that one who covets the item of another transgresses one negative command [i.e. Lo Sisaveh], and one who purchases the coveted item from the owner either through pressuring him or asking him, either personally or through friends, transgresses two negative commands, and therefore the verse states “Lo Sachmod” and “Lo Sisaveh.” [And, if he steals the item, then he transgresses three negative commands.[13]]

Losing that which you have:[14] It states in the Midrash:[15] Whoever covets that which he is not meant to have, than that which he covets he will not get and that which he already has will be taken from him.

1. The objects and items of which of the coveting prohibition applies to:[16]

The prohibition of Lo Sachmod only applies towards items that can be purchased from its owner, such as a house, a slave, an animal, and other objects and belongings of the like [i.e. phone, car, etc]. Thus, it applies to all items that have a monetary value[17], and are able to be purchased on the market[18] and change from one hand of ownership to another. However, things that are not of monetary value and are unable to be handed from one person to another, to leave the possession of the current owner and enter the possession of a new owner, are not relevant to the prohibition of Lo Sachmod.

Envy of someone’s Torah knowledge:[19] Accordingly, there is no prohibition in being envious of another person’s Torah knowledge, even if one desires to learn from him and gain all the knowledge that he has. It is even permitted for one to pressure the Torah scholar until he agrees to teach him.

Envy of someone’s occupation:[20] Likewise, it is permitted for one to be envious of another Jews occupation and career even if one desires for him to teach and train him in the occupation. It is even permitted for one to pressure the individual until he agrees to teach him.[However, one should not scheme to take over the job of another individual and doing so transgresses Lo Sachmod, at least in its spirit.[21]]

Envy of another person’s looks and beauty:[22] Likewise, it is permitted for one to be envious of another Jews beauty, such as his or her eyes or hair.

Real estate:[23] The prohibition of Lo Sachmod and Lo Sisaveh applies towards real estate, whether it be a house or field, or other property, as explicitly stated in Scripture.

Employee:[24] It is permitted for one to be envious of another Jews skills even if one desires to hire him as one’s employee. It is even permitted for one to pressure the individual until he agrees to take the job.

Items that are for sale:[25] The prohibition of Lo Sachmod and Lo Sisaveh is only transgressed when one convinces an owner who is not interested in selling the item into selling it to him. If, however, the person wants to sell it to make money and is actually looking for buyers, then nothing is transgressed and this is the regular way of business. [Furthermore, even if the owner is not interested in selling it to a specific customer, it is permitted for the customer to pressure the owner until he agrees to sell it to him.[26]]

Money and wealth:[27] It is disputed if one transgresses the prohibition of Lo Sachmod and Lo Sisaveh if one covets the money and wealth of another person, and not a specific object that he owns.

Items that are jointly owned:[28] The prohibition of Lo Sachmod and Lo Sisaveh applies even to jointly owned items, such as if one covets an item that is jointly owned by two people or more, [such as in a Corporation or public company, or real estate that has many investors]. However, it is disputed as to whether a co-owner and partner transgresses the prohibition if he covets the portion that is owned by his other partner or partners.

Rented items:[29] It is disputed if one transgresses the prohibition of Lo Sachmod if one covets the rented item of another person, [such as if he applies pressure to his friend to rent to him his leased car].

Coveting a Mitzvah item:[30] The prohibition of Lo Sachmod does not apply towards a Mitzvah item which the owner is obligated according to Jewish law to provide to another. Thus, it is permitted to pressure a wealthy man to give charity, or to pressure a person who has excess Matzah to give from his Matzah to a Jew who does not have any. However, some Poskim[31] rule that the prohibition of Lo Sachmod does apply towards the mitzvah item of a person if that person is not obligated to provide it to another. Thus, it is forbidden for one to pressure the owner of a beautiful Esrog, or unique pair of tefillin, to sell it to him.

Coveting one’s organ:[32] One does not transgress the prohibition of Lo Sachmod if he applies pressure to someone to donate an organ on his behalf and certainly if it is on the behalf of another.

Jealousy of spiritual matters: Jealousy and envy of another person’s stature can actually be virtuous if it motivates him to become more productive, and hence it states that “Kinas Sofrim Marbeh Chochmah” that the jealousy and envy amongst Torah scholars and authors of Torah books causes wisdom to increase, as competition is good for productivity.[33] Likewise, it states that even in the future era, and in Gan Eden, people will have envy of others portions in the world to come.[34]

___________________________________________________________

[1] Admur ibid; Michaber C.M. 359:10 and 12; Tur ibid; Rambam Gezeila Veaveida 1:10 and 12; Sefer Hamitzvos of Rambam L.S. 266; Midrash Michilta Derashbi Shemos ibid; Maggid Mishneh on Rambam Gezeila Veaveida 1:10; Bach 359; Minchas Pitim in name of Zohar; Encyclopedia Talmudit ibid p. 459-460 footnotes 81-88; Imrei Yaakov ibid 43

Other opinions: Some Poskim rule that the prohibition of Lo Sisaveh is only transgressed if one actually takes the item. [See Moshav Zekeinim Shemos 20:14 in name of Rabbeinu Tam; Encyclopedia Talmudit ibid footnote 88] Likewise, some Poskim rule that there is no difference between the prohibition of Lo Sachmod and Lo Sisaveh, and they are the same exact prohibition simply being said in different words by the Torah. [Even Ezra Shemos 11:5 and 20:1; Yireim Mitzvah 115; Semag; Many Poskim in Encyclopedia Talmudit ibid footnote 89; Imrei Yaakov ibid 43]

[2] The reason: As the prohibition against coveting referred to in the words Lo Sisaveh, applies simply to the desire of the heart. [Admur]

Other opinions: Some Poskim rule that the prohibition of Lo Sisaveh is only transgressed if one contemplates ways of taking the item from the owner without his consent for the sale. However, if he contemplates ways of convincing the owner to sell it to him until the owner will agree, then there is no prohibition that is transgressed. [See Maggid Mishneh on Rambam 1:10 in opinion of Raavad ibid; Encyclopedia Talmudit ibid footnote 98] Other Poskim rule that the prohibition of Lo Sisaveh is only transgressed if one actually takes the item. [See Moshav Zekeinim Shemos 20:14 in name of Rabbeinu Tam; Encyclopedia Talmudit ibid footnote 88] Other Poskim rule that the Biblical Lo Sachmod prohibition only applies if one actually steals the item [see Ir Shushan and Beir Hieytiv ibid], and the same would apply here regarding Lo Sachmod, and it is only transgressed if one contemplates stealing the item.

If one knows he will not be able to buy it: It is disputed amongst the Poskim as to whether this prohibition is transgressed even if one knows that he will not be successful in getting the owner to sell it to him, such as of the owner is very powerful, but one nevertheless fantasizes about doing so. [See Smeh 359:18; Perisha 359; Ramban Devarim 5:18; Encyclopedia Talmudit p. 474 footnotes 201-208]

[3] Rambam Sefer Hamitzvos L.S. 266; Chinuch Mitzvah 416; Maggid Mishneh on Rambam Gezeila Veaveida 1:10 based on Mechilta ibid; See Encyclopedia Talmudit ibid p. 449 footnote 81

Other opinions: Some Poskim rule that there is no difference between the prohibition of Lo Sachmod and Lo Sisaveh, and hence they are not to be counted as two separate mitzvah’s of the 613 and are all considered one mitzvah. [Encyclopedia Talmudit ibid footnote 93]

[4] Implication of Admur and all Poskim ibid; Aruch Hashulchan 359:8 as learned from the Misoninim in Parshas Behalosecha; Sdei Chemed Lamed Kelal 130; Sefer Chareidim Mitzvos Hateluyos Baleiv p. 30; Encyclopedia Talmudit ibid p. 461 footnote 95-101

Other opinions: Some Poskim rule that the actual feeling of jealousy in the heart and coveting of the item of another person  transgresses the prohibition, even without any contemplation how to get the item from the person. [Even Ezra Shemos 11:5 and 20:1; Yireim Mitzvah 115; Semag; See Yehuda Yaleh C.M. 33 that so is implied from Rambam in Sefer Hamitzvos Lav 266 and Chinuch and Ralbag, brought in Sdei Chemed Lamed Kelal 130; Pela Yoeitz Erech Chemda; Many Poskim in Encyclopedia Talmudit ibid p. 462 footnotes 102-103]

[5] Rav Avraham Ben Harambam on Shemos 20:14; See Encyclopedia Talmudit ibid p. 462 footnotes 104-108

Other opinions: Some Poskim rule that one transgresses even in such a case. [Derech Pikudecha Mitzvah 38; Encyclopedia Talmudit ibid footnotes 108]

[6] Admur ibid; Michaber 359:11-12; Rambam ibid 1:11-12; See also Rabbeinu Bechayeh Kad Hakemach Erech Chemda

Lashes: See Halacha D in footnote!

Invalidation for testimony: See Michaber 359:9 that one who forces somebody to sell his item is not Biblically invalidated for testimony, but Rabbinically; Smeh 259:14 and Bava Metzia 5b and Sanhedrin 25b and Beis Shmuel 28:2 that people think the prohibition is only if you don’t pay and hence anytime someone paid for the item, he is not biblically invalid for testimony; Encyclopedia Talmudit Erech Chamsan; See Imrei Yaakov ibid 44

[7] Admur ibid; Michaber 359:11; Rambam ibid 1:11

[8] Michaber ibid and Rambam ibid as the verse states “and you coveted homes and stole them”

[9] Michaber ibid and Rambam ibid

[10] Kad Hakemach ibid

[11] Kad Hakemach ibid

[12] Admur ibid; Michaber 359:12; Rambam ibid 1:12

[13] Michaber ibid; Rambam ibid; Omitted from Admur ibid, Vetzaruch Iyun! See Halacha D for a dispute regarding if one transgresses Lo Sachmod if he steals an item

[14] Kad Hakemach Erech Chemda

[15] Midrash Raba Bereishis 20:10; Sota 9b

[16] Admur Hilchos Gezeila Ugeneiva Halacha 5; Michaber C.M. 359:10; Tur 359:10; Rambam Gezeila 1:9;  Mechilta Yisro Parsha Ches; Smeh 359:18; Aruch Hashulchan 359:10; Encyclopedia Talmudit ibid Os 2 pp. 471-473

[17] The status of an item that its value is less than a Peruta: It is disputed amongst the Poskim as to whether the prohibition is transgressed if one covets an item whose value is less than a Peruta. [See Minchas Chinuch 38; Sdei Chemed Lamed Kelal 130; Encyclopedia Talmudit ibid pp. 475-476 footnotes 211-220]

[18] Items available for purchase on the market: Some Poskim suggest that the prohibition only applies to items that are not readily available on the market to purchase, for if one desires the specific item owned by the individual for whatever reason. However, if he desires the general item and it just happens to be his friend owns one, then he does not transgress Lo Sachmod if he pressures him to sell it to him, if it is readily available on the market. [Eretz Tzevi 4 in name of Imrei Emes; Imrei Yaakov ibid in Biurim “Over Belo Sachmod”; See Betzel Hachochma 3:44]

[19] Mefarshim on Mechilta ibid; Aruch Hashulchan 359:10; Encyclopedia Talmudit ibid p. 472 footnotes 184-186

[20] Aruch Hashulchan C.M. 359:10; Encyclopedia Talmudit ibid p. 472 footnotes 187

[21] See Sefer Lereiacha Kamocha 7 that so is understood from Semak ibid regarding Korach

[22] Mechilta Derashbi 20:14; Encyclopedia Talmudit ibid p. 472 footnotes 189

[23] Mechilta Yisro ibid; Encyclopedia Talmudit ibid p. 473 footnotes 190-196

Other opinions: Some suggest that there are Poskim who will learn that the prohibition against coveting another person’s real estate property such as a field, excluding a house, is only regarding Lo Sisaveh and not regarding Lo Sachmod. [See Encyclopedia ibid]

[24] See Encyclopedia Talmudit ibid p. 473 footnote 197

[25] See Admur ibid Halacha 5 “if the owner did not have intent to sell it”; Rambam Sefer Hamitzvos L.S. 258; Chareidim L.S.; Kitzur SHU”A 182:5; See Encyclopedia Talmudit ibid p. 474 footnotes 209-210

[26] Netziv on Mechilta ibid; See Encyclopedia ibid

[27] See Encyclopedia Talmudit ibid p. 476 footnotes 221-222

[28] See Encyclopedia Talmudit ibid p. 476-477 footnotes 223-230

[29] See Sdei Chemed Lamed Kelal 130; Encyclopedia Talmudit ibid p. 477-478 footnotes 221-236

[30] See Eretz Tzevi 4; Betzel Hachochma 3:43-12-14; Encyclopedia Talmudit ibid p. 468-470 footnotes 157-165

[31] Chidushei Harim Bava Kama 66b; Betzel Hachochma ibid; Many Poskim in Encyclopedia Talmudit ibid p. 469 footnotes 163

Other opinions: Some Poskim rule that one does not transgresses even in such a case. [Poskim in Encyclopedia Talmudit ibid footnote 164]

[32] See Even Yisrael 5:105

[33] Bava Basra 21a and 22a

[34] Bava Basra 75a; Hayom Yom 19^th Nissan

Bookmark