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regarding the גדר of גזל

Question:

We were on a trip and we needed to make a rest stop. we were in the middle of nowhere and we found a restroom to use in the middle of no where it looked like. later on, a women pulled up and opened her little store that was in that same area and when she saw girls going to use the restroom. She told them “no its mine you cant use it”. I had already used it before she came. was that considered גזל? She did seem like an Arab women if that changes the Halacha.

Answer:

Essentially we are not allowed to steal from a goy, however in your situation, if it is indeed true that the place belongs to her, you do not have to pay her back for it. This is for a number of reasons. First of all according to those who hold that there is no obligation of v’haishiv to a goy, then you would not have to pay her back. Additionally according to what you are describing you would not be able to give it back to her in order to do a kiddush H-shem. Additionally, there is nothing intact to return. Therefore, just leave it and it was a mistake and you will do teshuva bain adom l’makom.

Hatzlocho

Sources:

CH:M 348-1

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