Schemot 22:1 Halacha: Mishneh Torah, Positive Mitzvot & Sefer HaChinukh

To adjudge a thief to pay compensation, or (in certain cases) suffer death, as it is said, “If one steals an ox or an ass….” (Ex. 21:37); “If a thief is found breaking in….” (Ex. 22:1); “And he that stealeth a man and selleth him….” (Ex. 21:16).

To adjudicate cases of purchase and sale, as it is said, “And if thou sell aught unto thy neighbour….” (Lev. 25:14).

However according to what it seems, it is not understood that if an Israelite came and began to be wicked to pain his fellow with his bad words, that the listener should not answer him. For it is not possible for a man to be “like a stone that cannot be overturned” — moreover, that he will be in his silence like one who concedes to the insults. And in truth, the Torah did not command for a man to be like a stone, silent to those who insult him and to those who bless him alike. Rather it commands us to distance ourselves from this trait and that we should not begin to quarrel and insult people. And like this, every man will be saved from all this — since one who doesn’t quarrel will not be insulted by people, except for [by] complete fools; and we should not pay attention to fools. And if perhaps some insulting person will force him to answer his words, it is fitting for a wise person to reply to him in a roundabout and pleasant way, and not become very angry; as “anger rests on the bosom of fools.” And he will [so] save himself before those who listen to his insults, and he will cast the burden upon the one who insults [him]; and this is the way of the best among men. And we should learn this thing — that it is permitted to us to reply to a fool — according to what it seems from how the Torah permitted one who comes to rob secretly to be preceded and killed (Exodus 22:1). As there is no doubt that a man is not obligated to bear harm from his fellow; as he has permission to save himself from his hand — and similarly from the words of his mouth that are full of deceit and cunning — with anything that he is able to save himself from him. However there is a group of people whose righteousness rises so much that they do not want to include themselves in this teaching — to reply something to those that insult them — lest anger will overpower them and they become involved in the matter more than is necessary. And about them they, may their memory be blessed, said (Shabbat 88b), “Those who are humiliated but do not humiliate [back], who hear their insult and do not reply — about them the verse states (Judges 5:31), ‘but those who love Him are like the sun coming out in its strength.’”