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Borrowing without Permission: Difference between revisions

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#Even using the item of a [[Being Careful With Other People's Money#Stealing from a Non-Jew|non-Jew]]<ref>The Mishnah Berurah 937:10 quotes the Magen Avraham A.C. 472:2 who writes that one should not build a Sukkah in a public space, as one must be certain that all the people who reside in public space would permit you to build your Sukkah there. The Magen Avraham assumes that the Jewish people of the area would be okay with it, but he assumes that the non-Jewish people would not be okay with you building your Sukkah in the public space, and thus he recommends not making the brachah on sitting in the Sukkah in such a situation. The implication is that borrowing the property from the non-Jew would be stealing.</ref> or a [[Being Careful With Other People's Money#Stealing from a Minor|minor]]<ref>Shulchan Aruch C.M. 348:2. [The Shulchan Aruch writes that stealing from a minor is forbidden, and borrowing from a person without permission is stealing (see footnote 1).]</ref> without their permission is considered stealing.
#Even using the item of a [[Being Careful With Other People's Money#Stealing from a Non-Jew|non-Jew]]<ref>The Mishnah Berurah 937:10 quotes the Magen Avraham A.C. 472:2 who writes that one should not build a Sukkah in a public space, as one must be certain that all the people who reside in public space would permit you to build your Sukkah there. The Magen Avraham assumes that the Jewish people of the area would be okay with it, but he assumes that the non-Jewish people would not be okay with you building your Sukkah in the public space, and thus he recommends not making the brachah on sitting in the Sukkah in such a situation. The implication is that borrowing the property from the non-Jew would be stealing.</ref> or a [[Being Careful With Other People's Money#Stealing from a Minor|minor]]<ref>Shulchan Aruch C.M. 348:2. [The Shulchan Aruch writes that stealing from a minor is forbidden, and borrowing from a person without permission is stealing (see footnote 1).]</ref> without their permission is considered stealing.
#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. 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> [[Being Careful With Other People's Money#Stealing from a Family Member or Close Friend|See Stealing from a Family Member or Close Friend]]  for the Halachot of borrowing things from those whom you know will not mind even ''a priori''.
#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. 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> [[Being Careful With Other People's Money#Stealing from a Family Member or Close Friend|See Stealing from a Family Member or Close Friend]]  for the Halachot of borrowing things from those whom you know will not mind even ''a priori''.
#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 your car in a private parking spot without the owner's permission, this would be considered stealing. Even if there is no sign, but common sense dictated 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>
#This prohibition applies to land as well.  
#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 destruction of 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 you are certain the owner does not mind or you see that the owner has allowed the shortcut to become established on his property, then you may cut through his lawn.<ref>Halachos of Other People's Money pg. 57, Shulchan Aruch CM 377:1 </ref>
##For example, standing or walking through someone's property<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> or parking in someone's private parking spot without permission is considered stealing whether or not there is a sign prohibiting such behavior.<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>
#If you are certain the owner does not mind or you see that the owner has allowed the shortcut to become established on his property, then you may cut through his lawn.<ref>Halachos of Other People's Money pg. 57, Shulchan Aruch CM 377:1 </ref>


==Parking==
==Parking==
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#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>  
#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>  
##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]]
##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:
##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 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>
###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 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 should not be taken to a different place.<ref>Halachos of Other People's Money pg. 63 based on Mishna Brura 14:13</ref>
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