Translation:Shulchan Aruch/Choshen Mishpat/355

Paragraph 1- If one steals an item from another’s home and returns it to its place without the owner’s knowledge that it was returned, and the owner knew it was stolen, the thief would not be exempt, even though he returned it. He is responsible for the item until the owner knows of it, such as where he counted and found his collection was complete. Once the owner has counted, however, he would be exempt, even if the owner was unaware at the time the thief returned it. Thus, if one stole money and included it in another payment and put it in the owner’s wallet, and the owner is aware of the amount of money he has, the thief has fulfilled his duty because a person constantly feels his wallet and he will have discovered that the thief has returned his money. If the thief just threw the money into the owner’s wallet that has nothing in it, however, he will not have fulfilled his duty and he would be responsible for the theft until he informs the owner that he returned it to such and such wallet. If the owner was unaware the item was stolen, as soon as the thief returns it to its place, he will have fulfilled his duty, even if the owner did not count.

Paragraph 2- When is this true? With respect to something that is not a living creature. If one steal a sheep from the flock, however, and the owner was aware and the thief returned it to the flock without the owner’s knowledge, and the sheep died or was stolen, the thief would be responsible. If the owner counted the flock and the amount was complete, the thief would be exempt. If the owner was unaware of the theft or the return, even if he counted and the number was complete, the thief would be responsible until he informs the owner so that the owner guards the stolen sheep now that the sheep has learned of another path aside from the path the rest of the flock uses.

Paragraph 3- When is it true that the thief is exempt when he returns the item to its place? In the case of a thief who stole from the owner’s home. In a case of a watchman that stole from his own possession, however, such as where a wallet or sheep was deposited with him and there are witnesses stating he stole it, even if there are witnesses that he returned it to its place, he would be responsible until he informs the owners that his watching has completed and he is no longer a watchman. It is as if he has not returned the item until he informs the owner.