Rav Shimon Schwab zt"l (in an audio shiur titled "Jews in Golus - How High A Profile") quoted a tosefta in perek hagozel which says that to steal from a non-Jew is worse than stealing from a Jew for he doesn't have a kaparah (chance at atonement) ever, if the he dies before doing teshuva.

Does anyone know where this tosefta is located?


1 Answer 1


Presumably he's referring to Tosefta Nezikin 10:8:

הגוזל את הנכרי חייב להחזיר לנכרי חמור גזל הנכרי מגזל ישראל מפני חילול השם. הגוזל את הנכרי ונשבע לו ומת אינו מתכפר לו מפני חילול השם.‏
One who steals from a non-Jew is obligated to return [the object] to the non-Jew. Stealing from non-Jews is more stringent than stealing from Jews because of Chillul Hashem. One who steals from a non-Jew and swears [falsely] to him [about stealing it, and repents] and [the non-Jew] died, he does not attain forgiveness from him because of Chillul Hashem. (my translation)

  • 1
    An addendum. There is only a chiyuv to return the stolen item if gezel akum is midioraisa which the shulchan aruch says is in choshen mishpat siman 348 siff two. The shach there points out that the Ramma in Even Ha'ezer siman 28 siff one says gezel akum is midirabanan and therefore returning the object is not required but only for a kiddush Hashem. The Beis Shmuel there seems to rule that it is dioraisa, like the shach in c.m.
    – user6591
    Oct 7, 2014 at 3:00

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