Details About the Tefillin Boxes and Straps and Borrowing without Permission: Difference between pages

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==Halachot of the Boxes (Batim)==
==General==
# The boxes should be black. <ref> Shulchan Aruch 33:3, Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, [[miscellaneous]] laws (of [[Tefillin]]), seif 12 </ref>
# The Tefillin boxes must be square. <ref> Shulchan Aruch 32:39, Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, [[miscellaneous]] laws (of [[Tefillin]]), seif 13 </ref>
# In normal circumstances, Sephardim will not have fulfilled their obligation of [[Tefillin]], if they are written according to minhag Ashkenaz. If one has no choice, a halachic authority should be contacted. <ref> Halacha Brurah 32:148. See Yechave Daat 2:3 and 5:3 where Chacham Ovadia explains that LeKulei Alma the script itself is not a problem; rather, the issue is that Ashkenazi sofrim follow the Taz's peshara to be yotzeh both the Rambam and Rosh's opinions of a Parsha Stumah. Since the Shulchan Aruch explicitly rejects this peshara in Hilchot Sefer Torah, it is invalid for Sepharadim, thereby rendering the [[Tefillin]] Pesulim according to the Sephardi custom.</ref>


== Halachot for the Scribe ==
#Using an item that belongs to someone else without his permission is considered stealing.<ref>Rambam Gezela Vaaveda 3:15, Shulchan Aruch CM 359:5, Rama CM 308:7, Halachos of Other People's Money pg. 53. see  by Rabbi Dovid Grossman </ref> This is the case even if you have intention to return it to the exact place and in the same condition that you found it.<ref>Halachos of Other People's Money pg. 53-55</ref> There is a dispute if this is a Torah prohibition or rabbinic.<ref>see Halachos of Other People's Money pg. 53 note 128-ב </ref>
# The passages must be written in the order of the Torah (Kadesh, VeHaya Ki Yiviyecha, Shema, and then VeHaya Im Shamoa). <ref> Shulchan Aruch 32:1 </ref> It is preferable to write the passages for the arm [[Tefillin]] before writing the passages for the head [[Tefillin]]. <ref>Rama 32:1, Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, [[miscellaneous]] laws (of [[Tefillin]]), seif 2 </ref>  
#Even using the item of a non-Jew or a minor without their permission is considered stealing. <ref>Halachos of Other People's Money pg. 55</ref> see above for lengthier discussion about stealing from non-Jews or from children.
# Those in the head [[Tefillin]] are written on four separate pieces of parchment, while those in the arm [[Tefillin]] are written on one piece of parchment. <ref> Shulchan Aruch 32:2</ref>
#According to many poskim, even if the owner subsequently consents and says he does not mind that the item was borrowed, since the borrower did not receive permission before he took the item, he is considered a thief. [[#Stealing_from_a_Family_Member_or_Close_Friend|see Stealing from a Family Member or Close Friend]] for the Halacha if you know the person would consent. For example, if I would borrow my neighbor's rake that he left outside to rake my leaves without asking him, I would be considered a thief, even if when I inform the owner he does not mind.<ref>Halachos of Other People's Money pg. 56</ref>
#The first three passages are Petuchot and the last one is Setumah. Bediavad, if the parsha which is supposed to be patuach is written satum or the satum parsha is written patuach the [[Tefillin]] are considered pasul.<ref>Shulchan Aruch 34:36, See Taz ibid. Yechave Daat 5:3, Ohr LeTzion vol. 2 pg 35, Iggros Moshe O.C. vol. 1 Siman 12</ref>
#This prohibition applies to land as well. For example if you would stand or walk through somebody else's property bearing a No Trespassing sign, or park in a private parking spot without the owner's permission, this would be considered stealing. Even if there is no sign, but common sense dictates that the owner would object, it may not be used without permission<ref>Halachos of Other People's Money pg. 56-57 and note 134 there citing Rav Zalman Nechemya Goldberg and Rav Elyashiv, Rashbam Bava Batra 57b s.v. lkula, Pitchei Choshen ch. 7 fnt. 29. </ref>
# The parchment must be made from the skin of a kosher type of animal or bird. Even if the animal is taref, it is permitted to use as long as the animal is from a kosher species. <ref> [[Shabbos]] 108a, Shulchan Aruch 32:12, Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, [[miscellaneous]] laws (of [[Tefillin]]), seif 6 </ref>
#Cutting across the lawn or backyard of another homeowner is considered stealing, as many would object to have someone do this because of the invasion of privacy or ruining the lawn.<ref>Pitchei Choshen 7: note 29, Halachos of Other People's Money pg. 57. see there note 137 where he writes that even if you will not cause any damage, it is still forbidden </ref> If he is certain the owner does not mind or sees that the owner has allowed the shortcut to become established on his property, then one may cut through.<ref>Halachos of Other People's Money pg. 57, Shulchan Aruch CM 377:1 </ref>
# The passages must be written with intent of writting them for the [[kedusha]] of [[Tefillin]]. <ref>Shulchan Aruch 32:19 </ref>
# Before and while writing the passages for the [[Tefillin]] the sofer should say "I am writing for the sake of the holiness of [[Tefillin]]." <ref> Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, [[miscellaneous]] laws (of [[Tefillin]]), seif 7 </ref>
# The passages must be written with one's right hand if one is right-handed or ambidextrous, however, a left-handed person must write the passages with his left hand. <ref>Shulchan Aruch 32:5. See Mishna Brurah 32:18 who quotes the Pri Megadim that preferably one should not have a sofer who writes with the right hand and does other activities with the left hand or the opposite. </ref>
# The passages must be written with black ink. <ref>Shulchan Aruch 32:3 </ref>
# It is a good habit to test out the pen before beginning to write a passage. <ref> Shulchan Aruch 32:22 </ref>
# The passages for [[Tefillin]] must be written by a literate religious adult male Jew. <ref> Shulchan Aruch 32:30 and Shulchan Aruch 39:1 </ref>
# [[Tefillin]] written by a gentile or a Jew who does not believe in the entire Torah and its divinity are not kosher. <ref> Rambam Hilchot [[Tefillin]] 1:13 </ref> Women are exempt from wearing [[Tefillin]] and as such may not write [[Tefillin]]. <ref>Gemara Gittin 45b, Shulchan Aruch 39:1</ref>
# The passages should be written on 4 separate pieces of parchment for the [[Tefillin]] shel rosh and on the same piece of parchment for the [[Tefillin]] shel yad. <ref> Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, [[miscellaneous]] laws (of [[Tefillin]]), seif 3 </ref>


==Halachot of the Straps (Retzuot)==
==Parking==
# The strap for the [[Tefillin]] for the arm needs to be at least long enough to be able to be wrapped around the upper arm and extend downwards to the hand and be wrapped around the middle finger three times. Though it would be preferable if it were long enough to additionally be able to wrap around the arm six or seven times. <ref> S:A 27:8. Mishna Brurah 27:31 says the custom nowadays is seven times. </ref> 
# The strap for the [[Tefillin]] of the head needs to be at least long enough to fit around the head plus the two [[Tefachim]] on each side hanging down. <ref> Mishna Brurah 27:44 </ref> The custom is that the right one be longer than the left one and that both go past the midsection. <ref> Mishna Brurah 27:41 </ref>
# The straps should be colored black. <ref> Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, place of donning and how to don, seif 24, Shulchan Aruch 33:3 and Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, laws of the straps, seif 3 say that this is a halacha leMoshe miSinai. Mishna Brurah 33:19 says they should be as black as a raven and adds that one should be especially careful and make sure it stays black at the spot where one tightens the [[Tefillin]] as the paint there wears off easily. </ref>
# The coloring should be done for the sake of the mitzva of [[Tefillin]]. <ref> Shulchan Aruch 33:4, Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, laws of the straps, seif 2. Rama writes that they are not even kosher bedieved if they are not colored black for the sake of the mitzva. Beiur Halacha 33:4 maintains they are "pasul" and says they should be repainted with the proper concentration and intent. </ref>
# The coloring can be done by a women, or a child if the child is supervised by an adult who instructs him to paint it for his sake. <ref> Mishna Brurah 33:23 </ref>
# The coloring can be done at night. <ref> Rav Yosef Shalom Elyashiv and Rav Chaim Pinchas Scheinberg quoted in Mivakshei Torah volume 4 page 415. </ref>
# One should ensure that the black of the straps faces outward. <ref> Shulchan Aruch 27:11. Mishna Brurah 27:38 says that one really only has to make sure that the part around the head and around the arm muscle has the black on the outside, but it looks nicer when the black faces outward everywhere and therefore we make sure to practice that way. </ref>
# The minimum width of the [[Tefillin]] straps is the width of a barley kernel, which is approximately a centimeter. <ref>Kitzur Shulchan Aruch 10:13 writes that the minimum width of the [[Tefillin]] straps is the width of a barley kernel. Rav Mordechai Eliyahu (comments on Kitzur Shulchan Aruch 10:16) writes that the size of a barley is one centimeter.</ref>
# The straps of the [[Tefillin]] should be made from the skin of a kosher animal. <ref> Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, laws of the straps, seif 2 </ref>
# The strap of the [[Tefillin]] shel rosh should contain a knot in the shape of the hebrew letter dalet, and the strap of the [[Tefillin]] shel yad should contain a knot in the shape of the letter yod. In the end, these symbols and the Hebrew letter shin on the [[Tefillin]] shel rosh will complete the spelling of the name of Hashem. <ref> Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, laws of the straps, seif 1 </ref>
==Borrowing Tallit or Tefillin==
# One may borrow somebody's Tallit<ref> Shulchan Aruch OC 14:4, Halachos of Other People's Money pg. 64 </ref> or [[Tefillin]] without the owner's permission, if the owner is not there to ask permission from. <ref> Rama OC 14:4, Halachos of Other People's Money pg. 64, Chesed La'alafim 14:4 based on the idea that somebody is happy to have his belongings used for a mitzvah. Kaf Hachayim 14:19 says this only applies if the owner is not present to ask for permission. </ref> However, if circumstances dictate that the owner would not want you to borrow it, this does not apply. For example, if the owner placed them in a place where it is obvious he does not want them being used, or if someone uses them on a permanent basis. <ref> Kaf Hachayim 14:27.
<br> Halachos of Other People's Money pg. 64 gives three other examples:
# if they are placed in a private locker (Aruch Hashulchan 14:12)
# If it is brand new (Aruch Hashulchan 14:11)
# if the borrower is sweaty (Aruch Hashulchan 14:11) <br>
see further [https://www.yutorah.org/lectures/lecture.cfm/756926/rabbi-aryeh-lebowitz/ten-minute-halacha-borrowing-a-sefer-tallis-or-tefillin-without-permission/ Ten Minute Halacha: Borrowing a Sefer Tallis or Tefillin Without Permission]</ref>
# After borrowing the Tallit or [[Tefillin]], one must place fold them in the same manner they were folded before, and put them back wherever he took them from. <ref> Shulchan Aruch and Rama 14:4, Mishna Brura 14:15, Kaf Hachayim 14:22, Halachos of Other People's Money pg. 64. regarding what to do on Shabbat, see Mishna Brura 14:15 who quotes some who say that you should fold it, just avoid folding on the original creases and some who hold that you don't need to fold it at all. see [[Cleaning_and_Folding_Garments_on_Shabbat#Folding_Garments|Folding Garments on Shabbat]] </ref>
# One may not remove the borrowed [[Tefillin]] from the synagogue or the owner's home without permission. <ref> Chesed La'alafim 14:4 </ref>
# Obviously one may not damage the [[Tefillin]] <ref> Kaf Hachayim 14:22 </ref>
# One does not however fulfill one's obligation of [[Tefillin]] with stolen [[Tefillin]] and may not recite a bracha on them. <ref> Shulchan Aruch 25:12, Mishna Brurah 25:54 </ref>


==Getting Tefillin Checked==
#If a private parking lot has a sign restricting parking to customers or the like, it is prohibited for others to park there. If it is evident that the owner needs the lot for his customers it is prohibited to park there even without the sign.<ref>Halachos of Other People's Money pg. 58</ref>
# Even though one is not obligated, it is praiseworthy to have one's [[Tefillin]] checked every year, particularly during the month of [[Elul]] and the aseret yimei teshuva. <ref> Sh"t Yechave Daat 1:49, http://www.dailyhalacha.com/displayRead.asp?readID=356 </ref>
#If a person parks in a spot, in a manner that the owner of the parking lot would not approve of, such as blocking the entrance or exit, it is considered an act of stealing.<ref>Halachos of Other People's Money pg. 58</ref>
# It is proper to check one's Tefillin to make sure that they are still valid twice every seven years. However, if [[Tefillin]] get damaged by water then they should be checked immediately, if that is not possible then one may use them, however without making a bracha.  
#It is prohibited to block a private driveway by parking or double parking in front of the driveway, but this is not considered stealing.<ref>Halachos of Other People's Money pg. 59</ref> If someone blocks your driveway, and you have tried to tell them not to park there and they continue to nevertheless, one is permitted to call the police to tow the car away.<ref>Halachos of Other People's Money pg. 59 note 142 in the name of Rav Elyashiv. regarding damaging a double-parked car, see [https://www.businesshalacha.com/en/newsletter/double-parked-damage Business Halacha Institute]</ref>
<ref> Kitzur Shulchan Aruch of Rav Mordechai Eliyahu 10:26 </ref>
 
# If one has not gotten one's [[Tefillin]] checked for a long time and later finds out they were unkosher, one should increase one's Torah learning and some say one should take upon oneself to also wear Rabbeinu Tam [[Tefillin]] if one has not been already doing so. <ref> Sh"t Otzrot Yosef 3:8 </ref>
==Possible Exceptions==
 
#It is not considered stealing to borrow an item that will surely not be damaged from use, that nobody objects when others borrow it. For example, since nobody minds when you use their hanger, sit on their chair, or wash your hands with their washing cup, it is not considered stealing to borrow it. <ref>S"A Harav Hilchot She'ela Seif 5 based on Ritva Baba Metzia 41a, Halachos of Other People's Money pg. 59. However, he writes that if the owner is around, one should still ask permission </ref>However, if a significant minority would object, even if not the majority, it may not be used without permission.<ref>S"A Harav Hilchot She'ela Seif 5, Shu"t Igrot Moshe OC 5:20:5, Halachos of Other People's Money pg. 60 </ref> Certainly, if the owner is standing there and objects to your usage, it would be stealing to use it anyway.<ref>Halachos of Other People's Money pg. 60 note 145, Maharsham 227 </ref> Additionally, if the borrower is aware of some reason that the owner might object, he may not use it without his permission.<ref>Halachos of Other People's Money pg. 60</ref>
#If it is clear that the owner does not object, one may borrow the item without permission. For example, if in the past one regularly borrows a particular item, it indicates that the owner does not object, the person may use that type of item without asking permission.<ref>Halachos of Other People's Money pg. 61 </ref>
 
===Mitzva===
 
#If an item is being borrowed to perform a mitzva, we presume that the owner does not object if it doesn't cost him anything, as people are usually pleased to have others perform a mitzva with their possessions.<ref>Halachos of Other People's Money pg. 61, Shulchan Aruch OC 14:4 </ref> <br>
##see [[Details_About_the_Tefillin_Boxes_and_Straps#Borrowing_Tallit_or_Tefillin|Borrowing Tallit or Tefillin]], [[Respecting_Holy_Books#Borrowing_a_Sefer_without_Permission|Borrowing a Sefer without Permission]], [[Rosh_Hashana#Borrowing_a_Shofar_without_Permission|Borrowing a Shofar without Permission]][[Building_the_Sukkah#Using_Someone_Else.27s_Sukkah_without_their_Permission|Using Someone Else's Sukkah without their Permission]] and [[Order_of_Taking_the_Four_Minim#Borrowing_without_Permission|Borrowing Four Minim without Permission]]
##However, there are instances where common sense dictates that the owner would not want you to borrow his item without asking for permission:
###if the borrower knows that the owner would object because he is very meticulous or stingy or the like.<ref>Halachos of Other People's Money pg. 62, Aruch Hashulchan 14:11 </ref>
###if the owner might need it for himself, it should not be taken without permission.<ref>Halachos of Other People's Money pg. 63</ref>
###The item may not be used on a regular basis.<ref>Halachos of Other People's Money pg. 63 based on Magen Avraham OC 14:7 and Mishna Brura 14:13, Shach CM 72:8</ref>
###The item should not be taken to a different place.<ref>Halachos of Other People's Money pg. 63 based on Mishna Brura 14:13</ref>
###The item must be put back as found.<ref>Halachos of Other People's Money pg. 63 </ref>
###If the owner is present, the borrower should ask permission.<ref>Halachos of Other People's Money pg. 64 based on Mishna Brura 14:13</ref>
 
==Links==
 
*[https://www.ou.org/torah/halacha/business-ethics/choshen_mishpat_-_business_ethics_borrowing_without_permission/ Borrowing without Permission] by Rabbi David Grossman
*[http://nleresources.com/wp-content/uploads/2013/03/Shoel-Teachers-to-web-April-28-2013.pdf NLE Resources: Shoel]


==Sources==
==Sources==
<references/>
<references />
[[Category:Tefillin]]
[[Category:Choshen Mishpat]]

Revision as of 00:07, 28 June 2019

General

  1. Using an item that belongs to someone else without his permission is considered stealing.[1] This is the case even if you have intention to return it to the exact place and in the same condition that you found it.[2] There is a dispute if this is a Torah prohibition or rabbinic.[3]
  2. Even using the item of a non-Jew or a minor without their permission is considered stealing. [4] see above for lengthier discussion about stealing from non-Jews or from children.
  3. According to many poskim, even if the owner subsequently consents and says he does not mind that the item was borrowed, since the borrower did not receive permission before he took the item, he is considered a thief. see Stealing from a Family Member or Close Friend for the Halacha if you know the person would consent. For example, if I would borrow my neighbor's rake that he left outside to rake my leaves without asking him, I would be considered a thief, even if when I inform the owner he does not mind.[5]
  4. This prohibition applies to land as well. For example if you would stand or walk through somebody else's property bearing a No Trespassing sign, or park in a private parking spot without the owner's permission, this would be considered stealing. Even if there is no sign, but common sense dictates that the owner would object, it may not be used without permission[6]
  5. Cutting across the lawn or backyard of another homeowner is considered stealing, as many would object to have someone do this because of the invasion of privacy or ruining the lawn.[7] If he is certain the owner does not mind or sees that the owner has allowed the shortcut to become established on his property, then one may cut through.[8]

Parking

  1. If a private parking lot has a sign restricting parking to customers or the like, it is prohibited for others to park there. If it is evident that the owner needs the lot for his customers it is prohibited to park there even without the sign.[9]
  2. If a person parks in a spot, in a manner that the owner of the parking lot would not approve of, such as blocking the entrance or exit, it is considered an act of stealing.[10]
  3. It is prohibited to block a private driveway by parking or double parking in front of the driveway, but this is not considered stealing.[11] If someone blocks your driveway, and you have tried to tell them not to park there and they continue to nevertheless, one is permitted to call the police to tow the car away.[12]

Possible Exceptions

  1. It is not considered stealing to borrow an item that will surely not be damaged from use, that nobody objects when others borrow it. For example, since nobody minds when you use their hanger, sit on their chair, or wash your hands with their washing cup, it is not considered stealing to borrow it. [13]However, if a significant minority would object, even if not the majority, it may not be used without permission.[14] Certainly, if the owner is standing there and objects to your usage, it would be stealing to use it anyway.[15] Additionally, if the borrower is aware of some reason that the owner might object, he may not use it without his permission.[16]
  2. If it is clear that the owner does not object, one may borrow the item without permission. For example, if in the past one regularly borrows a particular item, it indicates that the owner does not object, the person may use that type of item without asking permission.[17]

Mitzva

  1. If an item is being borrowed to perform a mitzva, we presume that the owner does not object if it doesn't cost him anything, as people are usually pleased to have others perform a mitzva with their possessions.[18]
    1. see Borrowing Tallit or Tefillin, Borrowing a Sefer without Permission, Borrowing a Shofar without PermissionUsing Someone Else's Sukkah without their Permission and Borrowing Four Minim without Permission
    2. However, there are instances where common sense dictates that the owner would not want you to borrow his item without asking for permission:
      1. if the borrower knows that the owner would object because he is very meticulous or stingy or the like.[19]
      2. if the owner might need it for himself, it should not be taken without permission.[20]
      3. The item may not be used on a regular basis.[21]
      4. The item should not be taken to a different place.[22]
      5. The item must be put back as found.[23]
      6. If the owner is present, the borrower should ask permission.[24]

Links

Sources

  1. ↑ Rambam Gezela Vaaveda 3:15, Shulchan Aruch CM 359:5, Rama CM 308:7, Halachos of Other People's Money pg. 53. see by Rabbi Dovid Grossman
  2. ↑ Halachos of Other People's Money pg. 53-55
  3. ↑ see Halachos of Other People's Money pg. 53 note 128-ב
  4. ↑ Halachos of Other People's Money pg. 55
  5. ↑ Halachos of Other People's Money pg. 56
  6. ↑ Halachos of Other People's Money pg. 56-57 and note 134 there citing Rav Zalman Nechemya Goldberg and Rav Elyashiv, Rashbam Bava Batra 57b s.v. lkula, Pitchei Choshen ch. 7 fnt. 29.
  7. ↑ Pitchei Choshen 7: note 29, Halachos of Other People's Money pg. 57. see there note 137 where he writes that even if you will not cause any damage, it is still forbidden
  8. ↑ Halachos of Other People's Money pg. 57, Shulchan Aruch CM 377:1
  9. ↑ Halachos of Other People's Money pg. 58
  10. ↑ Halachos of Other People's Money pg. 58
  11. ↑ Halachos of Other People's Money pg. 59
  12. ↑ Halachos of Other People's Money pg. 59 note 142 in the name of Rav Elyashiv. regarding damaging a double-parked car, see Business Halacha Institute
  13. ↑ S"A Harav Hilchot She'ela Seif 5 based on Ritva Baba Metzia 41a, Halachos of Other People's Money pg. 59. However, he writes that if the owner is around, one should still ask permission
  14. ↑ S"A Harav Hilchot She'ela Seif 5, Shu"t Igrot Moshe OC 5:20:5, Halachos of Other People's Money pg. 60
  15. ↑ Halachos of Other People's Money pg. 60 note 145, Maharsham 227
  16. ↑ Halachos of Other People's Money pg. 60
  17. ↑ Halachos of Other People's Money pg. 61
  18. ↑ Halachos of Other People's Money pg. 61, Shulchan Aruch OC 14:4
  19. ↑ Halachos of Other People's Money pg. 62, Aruch Hashulchan 14:11
  20. ↑ Halachos of Other People's Money pg. 63
  21. ↑ Halachos of Other People's Money pg. 63 based on Magen Avraham OC 14:7 and Mishna Brura 14:13, Shach CM 72:8
  22. ↑ Halachos of Other People's Money pg. 63 based on Mishna Brura 14:13
  23. ↑ Halachos of Other People's Money pg. 63
  24. ↑ Halachos of Other People's Money pg. 64 based on Mishna Brura 14:13
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