Whenever the prevailing assumption is that an article is stolen, one is forbidden to purchase it. Similarly, if the majority of a particular substance is stolen, one is forbidden to purchase it. Therefore, one should not purchase wool, milk or kids from shepherds. This applies within a settled community. In the desert, by contrast, one may purchase milk and cheese from them. Similarly, one may purchase four sheep or the shearing of four sheep from the shepherd of a small herd, or five from the shepherd of a large herd, for we do not presume that an amount of this size is stolen.
To state the general principle: Whenever a shepherd sells an article that would be noticed by the owner, it may be purchased from the shepherd. If the owner would not notice it, it is assumed to be stolen and may not be purchased from the shepherd.
🚩 Suspicion Creates Prohibition
Whenever an item is presumed stolen, it is forbidden to purchase it — doing so aids a transgressor. The key principle for shepherds and watchmen: if selling an article would draw the owner's notice, they may not sell it. If sold openly in the marketplace in normal commerce, it is permitted.
We may not purchase wood or produce from the watchmen of produce unless they sit openly and sell with baskets of produce and scales in front of them. In such an instance, the matter is overt and will be spoken about; therefore, we can conclude that theft is not involved. We may purchase from the entrance to a garden, but not from its rear. And whenever a seller says: "Hide the goods," it is forbidden to purchase from him. One may purchase from a sharecropper, for he has a share in the produce and the wood.
We should not purchase articles from married women, servants or minors unless the prevailing assumption is that they were granted these articles by their owner; for example, women who sell linen garments in the Galilee or calves in the Sharon. In all instances, if they say "Hide the goods," it is forbidden to purchase from them, for we assume that the goods were stolen. We may purchase eggs or roosters anywhere, from any person. If, however, one says "Hide what was sold," it is forbidden.
🌿 Who May Sell What
Watchmen of produce may not sell unless selling openly with clear permission. Purchases from married women, servants, and minors are generally forbidden unless there is a clear prevailing assumption they are selling legitimately. Olive press workers may sell within the normal scope — large quantities raise suspicion.
5/8
Craftsmen's Entitlements — Fluff, Thread, and Shavings
One may purchase a large measure of olives or oil from an owner of an olive press. One may not, however, purchase a small amount of olives or oil, for the prevailing assumption is that these would be stolen goods. Similar laws apply in other like situations.
A launderer of a new woolen garment is entitled to the fluff that he removes. The strands that the comber removes, by contrast, belong to the owner of the wool. The launderer may take three strands. Anything more belongs to the owner of the garment. If the additional strands were black against a white garment, the launderer may take all of them.
When a tailor leaves more thread than necessary to sew with a needle, and a piece of cloth that is more than three fingerbreadths by three fingerbreadths, he is obligated to return it to the owner. Anything less than that, he may keep as his own.
A carpenter may keep the shavings of wood that he produces with a plane. The chips he produces with a hatchet, by contrast, belong to the owner. If he is working for the owner as a hired hand, even the shavings belong to the owner. With regard to all these matters, the prevailing local custom is followed.
🔨 Craftsmen and Leftovers
Each craft has defined entitlements to byproducts: a launderer keeps fluff but not threads; a tailor retains extra thread and fabric scraps below a set minimum; a carpenter keeps plane shavings but not hatchet chips. These entitlements are based on local custom and the nature of the craft — selling beyond what is permitted raises presumption of theft.
Whenever a craftsman sells items to which he is not entitled according to the local practice - e.g., strands of fluff sold by a comber where it is customary that they are returned to the owner - it is forbidden to purchase from him, for we assume that they are stolen. If, however, he sells a pillow filled with wool, one may purchase it from him. If a craftsman sells articles to which he is entitled according to the local practice, it is permitted to purchase them from him. If, however, he says, "Hide it," purchase is forbidden.
⚠️ The Line of Permitted Sales
Whenever a craftsman sells items beyond local practice — items he is not customarily entitled to — there is a presumption of theft, and purchasing from him is forbidden. The prohibition is calibrated to local norms: what is standard in one locale may be suspicious in another.
7/8
🎓 Key Principles
Chapter 6
👀
Openness Signals Legitimacy Selling openly in the marketplace, rather than covertly, is the primary indicator that a watchman or worker is selling legitimately rather than disposing of stolen property.
🧵
Trade Entitlements Are Precisely Defined Each type of craftsman has halachically defined entitlements to byproducts — launderers, tailors, and carpenters each have distinct rules for what they may retain.
⚖️
Local Custom Sets the Standard What constitutes a permitted transaction versus a suspicious one is determined by local commercial practice — the standard adapts to regional norms.
🚫
Purchasing from Vulnerable Parties Requires Care Buying from married women, minors, and servants requires a clear presumption of legitimacy — these parties lack full legal independence and their sales are suspect.