BAIS HAVAAD ON THE PARSHA 5773 ~ PARSHAS VAYEISHEV ~CHILD CUSTODY

It is well known that the difference between a Ganav and a Gazlan, both being terms used for a thief, is that the former steals stealthily, in the black of night, thereby avoiding human exposure, whereas a Gazlan steals in broad daylight not in fear of Hashem or human beings. Based on the above, Rav Betzalel Ashkenazi (Shu"t Siman 39) was asked why kidnapping is referred to by the Torah as geneivas nefesh "stealing a soul", the type of theft in which the victim is unaware, if the victim is surely aware that he is being kidnapped!? Rav Ashkenazi answers that one's father, brother, and other relatives are considered to be one's 'owner' in a sense. Kidnapping, therefore, is essentially stealing from the 'owners' without their knowledge. Based on the above, Rav Yitzchak Zilberstein explains a passuk in our parsha. The passuk says that Yosef told the butler: "because I was ganav -I stole in a way that the victim was unaware- from the land of the Jews." Why did Yosef say he was ganav when he was fully aware of his kidnapping? Based on the above we can understand: it is because he was taken without his father's knowledge and that is considered geneiva.(AUDIO HERE) PRINT VERSION HERE BONUS OU AND BAIS HAVAAD VIDEOS HERE