Geneiva- The word is usually translated as "theft". Yet this week's parsha demonstrates that the word actually means deception. Even when it means theft, it is the deceptive aspect of theft. This is related to the Gemara that explains the distinction between Geneiva and Gezeila, the former defined as stealing at night. The distinction always seemed like an arbitrary one: Who cares when a theft takes place?! Theft is theft! Yet Halacha makes a very big deal of it. There are two distinct verses, two distinct penalties, geneiva seen as worse evidenced by the requirement to pay double. The Rambam has "Hilchos Gezeila V'Aveida" and also "Hilchos Geneiva". So he clearly sees them as two different concepts.
I have given this matter a lot of thought. Here is a summary of my conclusions:
Man relates to this world by possessing things. The first possession that takes place is from a state of legal ownerlessness. AKA Hefker. Once possession is taken by one person, the relationship between that person and that thing can only be sundered by that person's will. So the act of possession is an act of will. Taking possession of something from another with that person's will is a gift, or trade. Taking possession without that person's will is impossible to tolerate in society.
That act manifests itself in two distinct forms or crime:
1) The physical taking of possession with no will, or
2) A falsely caused act of will.
The first, gezeila, is the more primitive form of taking, which animals possess as well.
The second is more refined, and can only by done by human beings. It uses the accepted forms of society living to take that which is not yours. It is therefore a greater sign of corruption of the human spirit.
More later...
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