Here’s an ethical issue and Jewish source response:
Case
The Epsteins have spent part of their vacation staying at a posh hotel. As the great vacation draws to a close, members of the family decide that they want souvenirs from their terrific vacation. Fifteen-year-old Jonathan decides to pack a hotel towel, with the hotel’s logo, into his suitcase. His mother decides to bring home the unused bottles of shampoo that are in the bathroom, and eight -year-old Esther takes the stationary and pens from the desk in their room.
Answer
Mr. Epstein is incensed and claims that all these acts are outright stealing. Jonathan and the others argue that the cost of these momentos are already included in the exorbitant hotel prices, and, besides, everyone does it.
Is it considered stealing to take objects from a hotel room? In order to answer this question, we must first define the act of stealing. What is it? Most people will simply answer “taking something that does not belong to you.” But this cannot be a complete definition. If a child takes food from the refrigerator in his or her home (without asking his or her parents), based on this definition, we can say that this is stealing, since the food does not “belong” to the child. And lest someone argue that anything which the parents own automatically belongs to the children, then it should be permitted for children to take $100 from their parents’ wallet without asking. And, yet, almost everyone agrees that taking this money is stealing. What, then, is the difference between taking food from the refrigerator (not stealing) and taking money from a parent’s wallet (stealing)?
[a] The concept of ye-ush, giving up on having the stolen item returned, or “minding” if it is taken, is the basis of determining if an object is stolen or not according to the Talmud (Sukkah 30a). If a person is not sure whether the owner would mind (have ye-ush) if something were taken, then the Talmud would disallow taking the items.
[b] Consider what a group of people doing the same thing can do to your sense of morality: “Ten people join together to steal a beam, and are not ashamed in each other’s presence” (Kiddushin 80b). Does the fact that everyone in the family except the father is involved make a difference?
Now let’s get into our case, item by item, since we have now determined that, according to Jewish Law, ye-ush is our test for whether or not something is considered stolen or not. Before you read our opinions, determine for yourselves: would the hotel management “mind” if you took a towel? The shampoo? The pen and stationary?
Clearly, most hotels “mind” very much when guests take home the hotel’s towels. In fact, many hotels SELL their towels in the gift shop. Thus, taking hotel towels is indeed stealing (unless the owner or manager gives specific permission to take the towels).
What about the unused shampoo? Would the hotel “mind” if that is taken? Numerous surveys show that most hotel management do not mind if the shampoo is taken, since this is included in the cost of the room. Therefore, taking shampoo is not stealing.
What about the pens and stationary? Here, it is even clearer that the hotel gives away these objects, since they serve to advertise the hotel. Some hotels even post a sign that the pens and stationary are complimentary. Clearly, no hotel “minds” when these items are taken. Therefore, Mr. Epstein is wrong to accuse everyone of stealing. Jonathan is indeed stealing the hotel towels, but Mrs. Epstein and Esther are not stealing in taking the shampoo and stationary.
Joel Grishaver, “You Be the Judge 2”, pgs. 31-33
Used with permission from Joel Grishaver
