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How did Rivkah give Yackov Eisav's clothing without asking?

וַתִּקַּח רִבְקָה אֶת בִּגְדֵי עֵשָׂו בְּנָהּ הַגָּדֹל הַחֲמֻדֹת אֲשֶׁר אִתָּהּ בַּבָּיִת וַתַּלְבֵּשׁ אֶת יַעֲקֹב בְּנָהּ הַקָּטָן

And Rebecca took the costly garments of Esau, her elder son, which were with her in the house, and she dressed Jacob, her younger son.

(Gen. 27:15)

Is it stealing?

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2 Answers

up vote 8 down vote accepted

Eisav was "סמוך על שלחן אביו" - living at home at his parents' expense, therefore his finds and his gifts legally automatically belong to his parents - see Bava Metzia 12a/12b, R' Yom-Tob Asevilli ("Ritb"a") ibid. and Shul'han Aru'h 366:10.

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nzn, welcome to judaism.SE, and thanks for the insightful answer and sources. But how do you know that Eisav was "סמוך על שלחן אביו"? If anything, I would say he wasn't, based on the fact that his father was asking him to bring him food, and that Rivka took Eisav's clothes "אשר אתה בבית", which implies that in general, Eisav's stuff was not to be found in her house. – jake Nov 20 '11 at 8:06
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I don't think asking to bring him food is a proof. Even after the Torah was given children are obligated to feed their parents from the parents' own resources. – WAF Nov 20 '11 at 13:04
@jake, I agree that a source is needed for the claim that he was a dependent. But note that only need have been one when he got the clothes, and not at the time of Rivka's taking them. – msh210♦ Nov 20 '11 at 18:39
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I hate to be "one of those people" who perpetuate an idea about the piety of the Avoth based on a circular logic pointing to one aspect of their behavior that requires ethical support (a la "Of course Avraham wore a black hat! It says he went out from his tent! Would he go out from his tent without his black hat on???"). However, in this case, does not the fact that Rivkah took 'Esav's clothes imply that he was living with his parents, presumably as a household member? She had access to them in the first place... – Seth J Nov 21 '11 at 23:40
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Second, it seems both sons were living there, as Ya'akov was cooking when 'Esav walked in. Third, if their father was asking him to go out and catch him his dinner, it also implies that he was not only an obedient son, but one who was available - ie., living there - to fulfill his father's wishes. Granted, none of these is, alone, enough to PROVE that he lived there as a dependent, but the whole framework of the story does have that sense that it depends on a context in which that is understood. – Seth J Nov 21 '11 at 23:42
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up vote 4 down vote

Torah Temima on the pasuk: The clothes were used by Eisav when he was performing his priestly chores. It is hinted by the use of bna hagadol (her elder son). It is not written bna habechor (her firstborn) because we know he sold the bechora to Ya'akov.

How does this answer the question.? I think that if these clothes were meant for the priestly job, she felt that Ya'akov was going to perform such a job now, when going to receive the firstborn blessings.

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