If someone steals a previously stolen item from the thief is he guilty? Would it matter if he was stealing it only to return it to its original owner, or if the second thief was the original owner?
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The g'mara in B'rachot 5b relates the story of R. Huna, who seemed to be being punished for something (his wine soured). It was suggested that he had failed to pay a share-holder, to which he replied that said person had stolen from him. They cite a proverb that "if you steal from a thief you also have a taste of it". The g'mara relates that he pledged to pay and his vinegar became wine again. This seems to be a case of not only stealing from a thief but stealing one's own property back from a thief. So no, theft doesn't become ok if the target is a thief or the cause is just. |
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There is a concept of taking the law into your own hands. How it applies is debated. The Shulchan Aruch C.M. 4:1 would agree to your last case where a person is retrieving his own object. The Rema there brings other interpretations of the law. |
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