DEDICATED IN MEMORY OF

Eliyohu ben Moshe Mordechai a”h

By his family

Don’t Take It Back: Repentance and Limits of Restitution

“Choshen Mishpat Renaissance” continues its series with Rabbi Yehoshua Yaffe as the new maggid shiur. In this shiur, he discusses “takkanas hashavim” in halacha.

Choshen Mishpat Renaissance continues its series with Rabbi Yehoshua Yaffe as the new maggid shiur. 

Rabbi Yehoshua Yaffe was raised on shlichus in Guilford, CT. He learned in the yeshivos of New Haven, Manchester, Migdal Ha-Emek, and Los Angeles. He is currently a member of the Kollel of New Haven.

We thank Rabbi Berel Politiko for his dedication to Choshen Mishpat Renaissance. We wish him much success in his new role as a more hora’ah for Bais Hora’ah Chabad. 

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The Torah clearly states that a robber must return the stolen goods. However, the Gemara discusses a rabbinic enactment (takkanas hashavim) that instructs theft victims to refuse repayment in order to ease the robber’s teshuva.

In this shiur, we will map the relevant Gemara, Rishonim, and Shulchan Aruch, identify the key variables that define the enactment’s scope, and discuss the broader halachic principles at play when the law makes room for repentance.

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