Query: On Robbers

And you have asked about Reuven and Shimon that have come seeking judgement.

Reuven stood up and claimed that he had a certain Gentile thief as an “acquaintance” [ma‘arufia]. This man used to travel among the Gentiles and steal artefacts from them and bring them to Reuven so that Reuven could sell them. It came to pass that once Reuven went to a certain village outside the city. When he was out there on his way, he saw on the top of a mountain this Gentile thief acquaintance of his accompanied by another Gentile that joined him so that they could go and steal together. Reuven had “turned on them by the way.” However, Reuven was apprehensive about discussing the secrets of “thieving issues” with his acquaintance, fearing the other Gentile that accompanied his acquaintance, until the thief spoke first and said: “He is like me [=a thief]; we are on our way since we’ve ‘teamed up’ to go out and steal.” “Now,” he said to Reuven, “return to your home and show my friend a resting place where he may retire to if he finds something.” And Reuven had returned to the house and he showed them his home and then sent them off on their way. They left, and upon their return they had brought one item they had stolen and sold it to him together. Then they asked him to lend them some money as advance payment for the coats that they had seen in a certain place. They [=the thieves] said: “We will go there and sell them [=the coats].” Reuven took 3 denarii from his purse and lent the thief that was his acquaintance the money, and he set up a time for their return.

When they returned to him it was already the time of grape harvest, and Reuven and his wife were away at the grape harvest. He had left in his house only a young daughter and a Gentile maid servant. Reuven had told the Gentile maidservant: “if these thieves were to come here and bring something along with them take from them whatever they may bring, put it in my chest, and give them food or their food expenses, and then come and fetch me, so that I may come and meet them.” After leaving these instructions with the maidservant Reuven left for the grape harvest. The thieves indeed arrived at Reuven’s house, and they brought the coats with them. Once they arrived, Reuven’s neighbour [probably Shimon’s wife] noticed them and had immediately told Shimon. “So and so [Shimon’s real name]! these thieves that used to be your acquaintances came to Reuven’s home,” for Shimon too had Gentile thieving acquaintances that used to bring him goods for sale. Upon hearing this, Shimon came out and approached the thieves and spoke to one of them that used to be Shimon’s acquaintance, and that was the man that had accompanied Reuven’s acquaintance. And Shimon spoke to him and threatened him that he would turn him in to the authorities if the Gentile thieves would not bring the stolen goods to his house. And he talked to the thief until he took the coats from Reuven’s house, both those that were still in the hands of the Gentiles [=the thieves] as well as those that were already received by the maidservant that had been placed in his [=Reuven’s] chest.

Now Reuven has approached the [Jewish—Ed.] court and he is claiming that all that was removed from his home should be returned to his possession for he had already lent money against those articles. Furthermore, he had supplied the thieves with a hammer/mallet so that they may break the lock on the door behind which the coats were treasured. In addition, when they [=the thieves] were in his house the maidservant had bought them drinks. [ . . . ] Shimon then answered: One of the thieves was my former acquaintance from beforehand and he had frequently taken me outside of town to the place where he would bury the stolen goods and this is where he would sell me the goods. When he [=the thief] noticed the coats for the first time he said to me: “do you want to go there, and give me a loan against them and when I have them at hand I will bring them to you so that you can sell them?”