Is a male under the age of 13 responsible for a thief? If the person who was stolen from is not found, nor is his heirs known b'Va la'Tzeis Yedei Shamayim. How should it be handled?
Lenord Horwitz, Israel
The Mishna (Bava Kama87a) says that a Katan that damages another is not required to pay for the damages. This is brought as Halacha in the Rambam and Shulchan Aruch (424:8) who adds even if the katan grew up he is still not required to pay. Shulchan Aruch (349:3) states that if a katan stole an object he is not obligated to pay unless the object is still extant. This is because if the object is still in existence, it is still the property of the owner and there is currently an obligation on the adult in possession to return it to the owners. The Ramo in Orach Chaim 343 states that even though the adult is not obligated to do Teshuva for the acts of his childhood, it is proper for him to accept some sort of action as a repentance for the act. The Mishna Berura (343:9) adds that is virtuous to pay even though he is not required. A stringent exception would be what the Pischei Teshuva brings in the name of the Shvus Yaakov that if as a Katan he ate the stolen item then he is required to pay since he had physical pleasure from the stolen object.
What can be done if it is impossible to return the object? There is a Gemach in Yerushalayim that has a special account for returning money to those who we have lost track of. They are Mezakeh the victims and the money remains in the Gemach. There are three benefits to this, 1) the money has actually been removed from the possession of the thief or Mazik and technically returned to the rightful owners 2)those who were damaged enjoy the Zechus of their money making Gemach, which heightens the likelihood that they would be Moichel and 3)When Eliyahu Hanavi comes with Moshiach he will see to it that the money is returned to the owners. One can contact the Gemach at (+972) 025387901. The direct line to the special account is (+972) 0799618716. Fax: (+972) 02 5003406 Email: v5387901@gmail.com
As an aside: Generally, there is no obligation for parents to pay for their children's theft or damages (there are exceptions, for example if taking the child to a certain location contributed to causing the damages - always good to consult a Rov) but parents are fully obligated to make Shalom with neighbors and in general it is a good policy for them to pay for their children's damages.
Ksiva v'chasima Tova
Shimon Brodie
Most of what is written is a summary of Shaarei Yamim Noraim by Rabbi Yehuda Chesner Siman 6 "A Katan Who Stole or Damaged", pp. 312-314