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16. Blowing with a stolen Shofar: [1]
One who used a stolen Shofar to blow with to fulfill the Mitzvah has fulfilled his obligation.[2] Nevertheless one may not say a blessing over the blowing when using a stolen Shofar.[3]
[1] 586/4
[2] This applies even if the owner has not given up hope in finding his Shofar and hence it legally still belongs to him. Now although a stolen Lulav [649/4] or stolen Matzah [454/9] or stolen Tzitzis [11/11] are invalid for the Mitzvah and one who used them has not fulfilled his obligation, this is because the actual Mitzvah is being performed with the stolen object. However the Mitzvah of Shofar is merely to hear the sound that come out of the Shofar and the hearing of this sound is not considered stealing as his hearing of the sound does not involve touching the stolen object at all. Therefore although the actual blowing contains a stealing prohibition, since the main Mitzvah which is the hearing of the sound does not contain a stealing prohibition, he has fulfilled his obligation. [ibid]
[3] As since the Mitzvah is being performed as a result of him steeling the object he may not say a blessing on it as is the classical rule regarding a Mitzvah that comes as result of doing an Aveira. [ibid; 11/12; 649/5]
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