b’h’i
In a school when only Jews are involved, if a teacher collects test questions after the test, but someone finds a way to get the questions that the teacher almost completely reuses every year in future tests — can it be used if passed down to someone a year or two later?
When is it considered geneivat daat to cheat in school (or any sort of halachic problem)?
Answer:
Cheating in a test is a good case of geneivas daas, and it can also be considered a monetary prohibition if the grades are used in the future for monetary benefits, for getting into institutions, and so on.
Note that the Tosefta (Bava Kama 7:3), as cited by the Ritva and other authorities, states that of several types of thieves (three, or seven, depending on the textual version of the Tosafta), geneivas daas is the more severe. It is therefore worthy of being stringent in this regard. See also Rambam, Hilchos De’os 2:6.
