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Q&A: Acquisition Through Robbery

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Acquisition Through Robbery

Question

Hello Rabbi,
Does every case of robbery involve despair on the part of the victim, and if so, does that mean the robber acquires the stolen item, or is some change also required in addition to despair?
With blessings and appreciation

Answer

Not necessarily. Are there no situations in which the victim does not give up hope? He goes to the police and hopes they will return his property to him. In any case, it is clear that he has to know about it in order to despair, because otherwise it is despair without awareness.
As for the question whether a change is also required, that is discussed by the Talmud and the halakhic authorities in quite a few passages.

Discussion on Answer

Noam (2020-11-05)

"Not necessarily" — if I understand the Talmud correctly in Bava Metzia 22a, the understanding there is that there is despair in a case of robbery. A robber who took from this person and gave to that person—what he took is taken, and what he gave is given, because "he sees them and gives up hope." Did I understand correctly?

Michi (2020-11-05)

That has nothing to do with the Talmud; it's a factual question. It is not true that every person who is robbed gives up hope.

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