הרב דוד אוחיון - ברכת אברהם משיב כהלכה
Country: ישראל

on: I own a persimmon tree and I wanted to graft in that tree A small twig of a different more productive persimmon tree. There is such a tree at the local university. I tried several times unsuccessfully, to contact someone there that would give me permission to remove a couple of twigs from the tree. A few days ago I found myself in campus, in front of the tree and could not resist to take a couple of twigs without permission. After I got home, or even while I was cutting the twigs, I realized that I was stealing. My question is how do I do teshuvah for that action. There is nobody that I can return those twigs to, the person in charge is not answering my phone calls to ask for permission to use them. I could give Tzedakah to an organization, but I do not know how to do the right teshuvah and to clear my consciousness. What is the halachic way to resolve this issue? Can I use those twigs? Should I discard them?

: You were right in what you said, chopping branches or taking anything without permission is forbidden and considered stealing. The action that is currently being requested is to restore theft, but in the question of the question it is not possible and there is no benefit in returning branches after they have been cut since the university will have nothing to do with them, on the other hand if it is not used the branches will dry up and be not useful. Therefore, the right thing to do at the moment is, that you will write down a monetary debt to pay the university for the industries you have taken, after registering the debt you will be able to use these industries for your needs or any other need you decide. If you don’t find the right person at the university to pay for the branches, you can donate to the university’s public coffers or alternatively to a general public coffers. With the blessing of success in all your handiwork. Sources and reasoning  

Question:

I own a persimmon tree and I wanted to graft in that tree A small twig of a different more productive persimmon tree.

There is such a tree at the local university. I tried several times unsuccessfully, to contact someone there that would give me permission to remove a couple of twigs from the tree.

A few days ago I found myself in campus, in front of the tree and could not resist to take a couple of twigs without permission.

After I got home, or even while I was cutting the twigs, I realized that I was stealing.

My question is how do I do teshuvah for that action. There is nobody that I can return those twigs to, the person in charge is not answering my phone calls to ask for permission to use them.

I could give Tzedakah to an organization, but I do not know how to do the right teshuvah and to clear my consciousness. What is the halachic way to resolve this issue?

Can I use those twigs? Should I discard them?

Answer:

You were right in what you said, chopping branches or taking anything without permission is forbidden and considered stealing. The action that is currently being requested is to restore theft, but in the question of the question it is not possible and there is no benefit in returning branches after they have been cut since the university will have nothing to do with them, on the other hand if it is not used the branches will dry up and be not useful.

Therefore, the right thing to do at the moment is, that you will write down a monetary debt to pay the university for the industries you have taken, after registering the debt you will be able to use these industries for your needs or any other need you decide.

If you don’t find the right person at the university to pay for the branches, you can donate to the university’s public coffers or alternatively to a general public coffers.

With the blessing of success in all your handiwork.

Sources and reasoning

 

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