THE BAIS HAVAAD HALACHA JOURNAL: Volume 5775 Issue IX Parshas Vayeishev Child Custody in Halacha The Truth about Child Custody By Rabbi Yitzchok Grossman
The concept of ganav and gazlan, are the two categories of thief in Halacha. A ganav steals stealthily, in the black of night, avoiding human exposure. A gazlan steals in broad daylight, fearless 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”. How can the Torah refer to a kidnapper as a ganav and not a gazlan? Surely, the victim is aware that he is being kidnapped! Rav Ashkenazi answers that indeed, a kidnapper is not a ganav in terms of the victim. He is a ganav from the victim’s family. From here we see that in a sense, a father, brother, and other relatives are considered to be one’s ‘owner’. Kidnapping, then, is essentially stealing from the ‘owners’ without their knowledge.
The concept of ganav and gazlan, are the two categories of thief in Halacha. A ganav steals stealthily, in the black of night, avoiding human exposure. A gazlan steals in broad daylight, fearless 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”. How can the Torah refer to a kidnapper as a ganav and not a gazlan? Surely, the victim is aware that he is being kidnapped! Rav Ashkenazi answers that indeed, a kidnapper is not a ganav in terms of the victim. He is a ganav from the victim’s family. From here we see that in a sense, a father, brother, and other relatives are considered to be one’s ‘owner’. Kidnapping, then, is essentially stealing from the ‘owners’ without their knowledge.
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