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From: Russell Hendel <rhendel@saber.towson.edu>
Date: Mon, 4 Sep 2000 13:02:45 -0400 (EDT)
Subject: RE: Sources for prohibiting theft of services

Yehoshua Kahan (v33n33) comments on my answer to Jonathan Shiff that the
Torah prohibited BOTH misappropriation of **objects** as well as
**services**(eg not paying a laborer). Yehoshua points out that since I
'owe' him the money, therefore it is not services that are being
misappropriated but rather the money that I owe him.

I could simply answer that the fact that the Torah prohibits witholding
wages of a laborer can be 'perceived' as a statement that services (like
labor) have a monetary-equivalant-status (just like objects) and can be
'stolen.'

However on a deeper level Yehoshua's question relates to Moshe Feldman's
question as to whether 'property can be stolen'. Let me therefore answer
both Yehoshua, Jonathan and Moshe by citing the Rambam Theft and Losses,
Chapter 3:6-9(paraphrased)

>The following are prohibited under the Biblical prohibition of theft
>even though the owner may have no loss: (3:6) working with someone
>else's animal while it is idle; (3:7) using someone else's servant while
>the servant was idle; (3:8) using someone else's yacht during a period
>that the owner did not want to use it; (3:9) living in someones vacant
>apartment that is not up for rent

Hope this clarifies this difficult Talmudic Concept.

Russell Jay Hendel; PHd ASA
Dept of Math; Towson Univ.
Moderator Rashi is Simple
http://www.RashiYomi.Com