LEV52 A person is obligated to return anything that he has stolen. 1) If a person has stolen something, kept back wages, or failed to return an object he was asked to guard, or a lost object he has found, there is a positive Torah commandment which obligates him to return it. Although this verse explicitly refers to someone who denies under oath that he has stolen, the commandment to return that which was stolen applies to every instance when someone illegally possesses that which belongs to another person. (Chinuch and Minchas Chinuch, 130). If the stolen object was not altered from its original state, the object itself must be returned. If the object was lost or altered (for example, someone stole wool and dyed it), the monetary value of the stolen object in its original state must be returned. (ibid). 2) Whenever you are obligated to give money to someone, you must pay him even if he is unaware of your obligation. The Chofetz Chayim writes that whenever a question concerning financial matters arise, a person should consult a halachic authority. He should not rely on his own judgment, since a person will usually be lenient in judging his own financial obligations. (Mishnah Brurah 606:1). 3) If the victim of a theft did not realize that anything was stolen, the thief does not have to inform him about it. He fulfills his obligation by returning the money by mail, even if he does not sign his name or explain why the money is being sent. He must, however, be sure that the victim receives the letter (for example, he can send a registered letter or send the money with a messenger who will not reveal the identity of the sender). (Rabbi Moshe Feinstein in Igros Moshe, Choshen Mishpot, 88). 4) If the victim was aware of the theft, and thereby suffered anguish, the thief must ask his forgiveness. Ideally, he should ask for forgiveness in person or write a signed letter. But if this is too difficult, at least he should send an unsigned letter stating that he is returning money that he stole, and that he regrets his theft and asks forgiveness. (ibid.) 5) if someone stole and does not know the identity of the person from whom he stole, he must give money for something that is used by the public (Bava Kama 94b; Choshen Mishpot 366:2). The reason behind this is that the victim might benefit from the money. Therefore, the money maybe given only for something the public will use; the money may not be given to any individual. Building and repairing a mikvah (ritual bath) is considered a need of the public and is recommended as the means to repent for stealing when the victim's identity is not known (Igros Moshe, Choshen Mishpot 88).

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LEV53 Another takkanah attributed to the school of Hillel provided that where the stolen object was not easily accessible, the robber could return its monetary value instead of the object itself. This was designed to make it easier for the robber to repent and make restitution [this verse].

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LEV54 If not demanding restitution makes it more likely that the perpetrator will repent, then it is a worthy act, but not obligatory, to do so. The Talmud offers a related instance in which a victim may not insist on strict justice. According to Jewish law, [this] verse in Leviticus mandating that a robber "shall restore what he took by robbery" obligates a thief to return, as it is, the object he stole. But what if, for example, the robber stole a beam, and then used it as part of a building? Is the thief required to tear down the building so that he can return it? The School of Shammai ruled that this is exactly what he should do: "he must demolish the whole [building] and restore the beam to its owner." The House of Hillel, however, whose judgment prevails, says that the victim can claim only the monetary value of the beam, so as not to place obstacles in the way of penitents (Gittin 55a). This ruling is consistent with Judaism's general commitment to fairness and a realistic assessment of human nature. As Rashi explains in his commentary on this passage, "For if you force him to destroy his dwelling and return the beam to its owner, he will avoid the act of repentance."

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LEV56 See [[LEV366]] Leviticus 19:13 robbery GATES 195

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LEV57 See [[DEUT848]] Deuteronomy 16:20 justice DORFFDRAG 114-5

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LEV58 Our Sages, z"l, said (Yoma 85b), "'[For on this day …] you shall be purified for all your sins before Hashem' (Vayikra 16:30) -- Yom Kippur atones for sins that are between man and God (i.e., "sins before Hashem."); Yom Kippur does not atone for sins that are between one man and another, until he appeases his fellow man." As such, one who robs another must [first] return what he stole and then confess his sins. If he first confesses his sin, the confession is not taken into account, as our Sages z"l, said (Bava Kama 110a) in connection with one who robs and [then] swears falsely (i.e., denying that he had stolen the item.), who then must return the principal, add a fifth [this verse; i.e. a quarter of the value of the principal, which is a fifth of both combined. For example, if he stole $100 ("the principal"), he must add $25, which is one-fifth of the $125 he will repay in total. See Vayikra 5:20-26], and bring a guilt-offering: if he returns what he stole before bringing his guilt-offering, he has fulfilled his obligation (i.e., he has fulfilled his obligation of bringing a guilt-offering--the sacrifice is valid); but if he brings his guilt-offering prior to returning what he stole, he has not fulfilled his obligation (the guilt-offering requires confession (Mishneh Torah, Hilchos Ma'aseh Ha-korbanos 3:14). Thus we see that what was stolen must first be returned before confessing the sin. ... He first must bring restitution, and only afterwards [does it say], "… Besides the ram of atonement for which the [Kohen] shall make atonement for him." (i.e., one who steals from a convert who has no heirs must pay back what he stole to Kohanim; only afterwards can he bring his guilt-offering).

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