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- Owning the Tefillin-Borrowed Tefillin:
- Must one own the Tefillin to fulfill the Mitzvah?[1]
The Tefillin that one wears is not required to belong specifically to him. A person can fulfill the Mitzvah of Tefillin through wearing borrowed Tefillin of his friend.
Stolen Tefillin:[2] Furthermore, Biblically, one fulfills his obligation of Tefillin even if he wears stolen Tefillin, and even if the owner has yet to give up hope on retrieving it.[3] However, the Sages invalidated stolen Tefillin so long as they are in the possession of the robber, even if the owners have already given up hope in retrieving them.[4] Such Tefillin are an abomination before G-d and do not contain a command at all.
Reciting a blessing over Tefillin that one does not own?[5] It is permitted to say a blessing over borrowed Tefillin.[6] However, one may not say a blessing on stolen Tefillin.[7]
Buying one’s own pair of Tefillin:[8] Despite the above, one is obligated to try to purchase his own pair of Tefillin and is not to rely on borrowing from others.[9] If he can afford it, he is to purchase Mehadrin Tefillin [as explained in B].[10] However, if one cannot afford to buy Tefillin he is not required to beg on doors for charity in order so he can purchase it, and may rely on borrowing from others.[11]Â
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|  Q&A What is one to do if he switched Tefillin with another person?[12] One may use the Tefillin as if it were his until he is able to switch it back with the person who took his Tefillin.[13] Upon being asked to switch back the Tefillin one must do so. May one purchase Tefillin on credit, such as using a credit card; check, IOU document or a promissory note? Yes. Being that Tefillin are not required to be owned by the wearer [unlike Daled Minim and Tzitzis], therefore according to all opinions, all accepted forms of credit payments are valid.  If one refuses to pay:[14] If one purchased Tefillin on credit and refuses to pay the seller upon request of payment, then it is possible the Tefillin are considered stolen, and are hence invalid.  If one missed a payment deadline for his Tefillin, may he still wear them?[15] If one who purchased Tefillin on credit missed a payment deadline to the seller, then it is possible the Tefillin are considered stolen, and are hence invalid.   |
- Borrowing Tefillin-May one use another person’s Tefillin without permission?[16]
It is permitted to use another person’s Tefillin without asking his permission.[17] One must recite a blessing upon wearing them.[18] This however only applies if one is careful to abide by all the conditions to be listed below.[19] [Due to this, some Poskim[20] conclude that practically one should distance himself as much as possible from borrowing Tefillin without permission. Practically, if it is possible to ask the owner, one is to do so rather than borrow it without permission.[21] Some Poskim[22] conclude that today one may not borrow Tefillin unless one knows the owner, and knows for certain that he will not mind.[23] Surely, if one knows for certain that the owner is particular then it is forbidden to use it.[24]]
Folding the Tefillin after its use:[25] If one found folded Tefillin and used it without asking permission, then he must refold it after using it and removing it from his body.[26] [It is however not necessary to fold it in the same way that it was originally folded when taken, and hence it suffices even if it is folded in another fashion.[27]]
Not to take the Tefillin to a different area:[28] The borrowed Tefillin may only be used in the area that it was left by the owner.[29] [One may not take it from that area to a different area, such as to take the Tefillin from the Shul to his home or from the owner’s home to Shul [without his explicit permission]. This applies even if at the conclusion of one’s use of the Tefillin he will return and place it back in the original area from which it was taken.[30]]
How often may one borrow the Tefillin?[31] It is only permitted to borrow Tefillin without permission on mere occasion. [It is forbidden to borrow it on a steady basis.[32] Some Poskim[33] rule that an occasion is defined as not more than one time in thirty days. Others[34] rule it is based on common estimation of when people consider it more than an occasion.]
 Summary: It is permitted to use another person’s Tefillin without asking his permission, if one is careful to abide by all the following conditions: 1.      If one found the Tefillin folded, he must refold it after using it. It is not necessary to fold it in the same way that it was found. 2.      The borrowed Tefillin may only be used in the area that it was left by the owner. 3.      It is forbidden to borrow it on a steady basis. [Even when the above conditions will be fulfilled, if it is possible to ask the owner, one is to do so rather than borrow it without permission. If one knows for certain that the owner is particular, then it is forbidden to use it.] Q&A May one alter the knot of the Tefillin Shel Rosh when borrowing Tefillin, so it fit his size?[35] The prohibition of undoing G-d’s name:[36] There is no prohibition against erasing the name of G-d transgressed by undoing the knot of the Daled.[37] The Halachic validity of a temporary knot: Some Poskim[38] rule that it is forbidden for who is borrowing another person’s Tefillin to alter and change the knot of the Daled in order so it properly fit onto his head, and if they do so then they do not fulfill their obligation.[39] [Accordingly, one needs to borrow Tefillin, needs to borrow Tefillin of the same size as his head.] Practically, however, we rule that it is permitted for one to change the size of the knot in order so it fit his head, and so is the widespread custom of the world.[40] Nonetheless, when redoing the knot it is proper for it to be fastened strong and not remain loose.[41] Altering the knot if one is borrowing without permission: It is forbidden for one to alter or change the knot of the Tefillin Shel Rosh so it fit one’s head unless he receives explicit permission from the owner that he may do so.[42] However, seemingly, if he knows how to redo the knot to the same size as it was originally set for the head of the owner, then he may alter the knot to his head size and then revert it back to the original size after he completes the Mitzvah.[43] Reciting Lesheim Kedushas Tefillin:[44] Prior to shortening or widening the straps through undoing the knot of the Daled, one is to recite Lesheim Kedushas Tefillin.[45] If one did not say it, then some Poskim rule that it is nevertheless valid Bedieved while others rule that it is invalid and must be redone Lishma.[46] Practically, according to the Ashkenazi ruling, if the form of the Daled was ruined upon redoing the knot, then it is invalid and must be redone Lishma. Furthermore, even according to the Sephardic ruling, it is best for one to redo the knot Lishma.[47]  May one borrow the Tefillin during a time that the owner will need to use it? No. May one borrow the Tefillin if it he will sweat and get it wet?[48] No. If one borrowed Tefillin without permission and damaged it, must he pay the owner for the damages? Negligence:[49] If the Tefillin was damaged due to negligence then the borrower is obligated to pay for the damages. Process of wearing: If the Tefillin was damaged in the process of using it, such as it tore, then if he borrowed it with permission, then he is exempt from paying for the damages.[50] If, however, he borrowed it without permission [as stated in the above Halacha that doing so is allowed] then some Poskim[51] rule he is liable for all damages.[52] Other Poskim[53] however rule he is exempt from damages just like one who borrowed it with permission.[54] Not in process of wearing and no negligence: If one borrowed Tefillin [whether with or without permission] and it became damaged not in the process of using it, although not due to any negligence on the person’s side, then he is nevertheless liable to pay for damages[55], although some Poskim[56] suggest being lenient to exempt him from paying for damages if he was indeed not negligent.  |
[1] Admur 25:35; 38:11
[2] Admur ibid; Olas Tamid 25:21
[3] The reason: As the Tefillin do not have to belong to the person in order for him to fulfill his obligation. [Admur ibid; Levush 25:12; Olas Tamid ibid]
[4] Admur ibid; M”A 25:26
The reason: As this is a Mitzvah that comes as a result of sin. [Admur ibid; M”A ibid]
[5] Admur 25:35; Michaber 25:12; Orchos Chaim in name of Ittur; Ketzos Hashulchan 8:19
[6] The reason: As [there is no need to own the Tefillin that one is wearing and one hence] one fulfills his obligation even with the Tefillin of his head, as stated above. [Admur ibid] As Tefillin is an obligation of the body and it is not necessary for it to belong to him. [Admur 14:12]
[7] Admur ibid; Michaber 25:12
The reason: As stolen Tefillin are an abomination before G-d and do not contain a command at all. On this type of blessing the verse states “Ubotzeia Beirach, Naeitz Hashem” [Admur ibid; M”A 25:26]
[8] See Piskeiy Teshuvos 25:5
[9] Bach, brought in M”B 25:2 that one who relies on borrowing from others his punishment is great
[10] See Michaber 656:1 that one must add up until 1/3 of the price for a Hiddur Mitzvah; See M”B 656:4; Biur Halacha 656:1
[11] M”B 25:2; See Biur Halacha 656:1 “Afilu” that from the letter of the law he is obligated just like Ner Chanukah; Ashel Avraham Butchach in Nefesh Chayah 25;
[12] Birchas Habayis 37:10; See Kesef Kedoshim 126
[13] The reason: Although we rule that when one switched an article with another it is forbidden to use it due to stealing [Admur Gzeila Ugineiva 30; Michaber C.M.136:2] nevertheless by a Tallis since we assume each person does not mind if the other uses his Tallis until they switch it back, as even in a case that the Talleisim were not switched one may use his friends Tallis without permission under this basis, and thus certainly in this case it is permitted. [ibid]
[14] See M”B 11:27 that if the seller is “Ayel Venafik Azuzei” then it is stolen; Choshen Mishpat 190:10-16; Aruch Hashulchan 11:22; Piskeiy Teshuvos 11:18
[15] See M”B ibid; See Miasef Lekol Hamachanos 25:121 regarding a case that one is unable to pay the seller because the seller is no longer found.
[16] Admur 14:12; Rama 14:4; Ritva Baba Basra 88a; Ketzos Hashulchan 8:19
[17] Admur 14:9; Michaber 14:4
The reason: This is not considered as if one is borrowing without permission, which renders one a thief [Gazlan], being that there is no worry that the borrowed item will get worn out [Kiluiy Karna], as one is only wearing it for a short amount of time and then returning it to him afterwards. Now, being this is the case, we apply the rule that a person is pleased that a Mitzvah be performed with his object when it does not incur him any loss. [Admur ibid; See also 437:7 regarding Bedikas Chametz; 586:5 regarding Shofar; 637:9 regarding Sukkah; 649:3 regarding the Daled Minim; Admur Choshen Mishpat Shiela Usichirus 5 and Metzia Upikadon 27; Kol Yaakov 691:36 regarding Megillah]
[18] Admur ibid; Michaber 25:12
The reason: As Tefillin is an obligation of the body and it is not necessary for it to belong to the person wearing it. [Admur ibid]
[19] If one is not careful to abide by all the conditions, then he transgresses the stealing prohibition.
[20] Kaf Hachaim 14:4; Piskeiy Teshuvos 8:9
[21] M”B ibid in name of Peri Megadim
[22] Ben Ish Chaiy Lech Licha 6; Aruch Hashulchan 14:11 leaves the above allowance in great question today; See Tzitz Eliezer 12:7; Igros Moshe 5:20
[23] The reason: As today there are many people that do mind when someone else uses their Talis/Tefillin, myself included. [Ben Ish Chaiy ibid] This especially applies by a new Tallis and clean Tallis, in which case we see that people are particular. [Aruch Hashulchan ibid; Shulchan Hatahor 14:3] See Admur Choshen Mishpat Shiela Usichirus 5 regarding Sefarim that if minority of people are Makpid it is forbidden to borrow, and only if one knows for certain that no one is Makpid is it permitted.
[24] M”B 14:13
[25] Admur 14:12; Binyamin Zev 199
[26] The reason: As if he does not fold the Tallis the owner will be upset that the person borrowed it, and he will hence be considered like one who borrowed without permission, and is considered a thief. [ibid]
[27] Admur 14:9 regarding Tzitzis; M”A 14:9; Beir Heiytiv 14:8
Other opinions: Some Poskim rule one is required to fold the Tallis in the same fashion that it was found. [M”B 14:15 based on P”M; M”B 25:53] The Kaf Hachaim 14:23 concludes that Lechatchila one is to fold it in the same fashion as it was found.
[28] Admur 14:12; M”A 14:7; Rashal in Taz 14:6; Olas Tamid 14:10; M”B 14:13
[29] The reason: As a person is not pleased that his belongings are removed from their designated area [Admur 14:10] and the person may hence be particular about this, and it will be a Mitzvah Haba Beaveira. [Admur 14:12]
[30] Admur 14:1o regarding Tzitzis
[31] Admur 14:12; Bach 14; M”A 14:7 regarding Tzitzis; See also 637:10 regarding Sukkah
[32] Admur 14:10 reagrding Tzitzis
The reason: As the owner may not desire that the person borrows the Tallis on a constant basis. [Admur ibid]
[33] Makor Chaim of Chavos Yair 14
[34] Ashel Avraham Butchach 14
[35] See Piskeiy Teshuvos 33:81
[36] Mordechai Tefillin Veamar Abayey; Noda Beyehuda Kama 1; Reshimos Choveres 34, printed in Shulchan Menachem 1:23
[37] The reason: As the letters of the name Shakaiy which are spelled out by the Tefillin are a great distance from each other and there is hence no erasing that is considered to have taken place upon undoing one of the letters. [Noda Beyehuda ibid; See Reshimos ibid for the explanation of this reason] Alternatively, the reason is because the knot is made to be undone at any time of one’s choosing and hence it does not consist of erasing a name upon undoing it. [Mordechai ibid; Rebbe ibid]
[38] Avnei Nezer O.C. 183:5 “Those who borrow the Tefillin of others and change the knot to fit their head, are doing something improper, as the owners will rechange the knot to fit their own head and it ends up that this is a knot that is not meant to last and they do not fulfill their obligation. It is a Mitzvah to publicize this matter.”; Shut Tzafanas Paneiach p. 169 writes that this matter is subject to a debate in the Talmud 97 and Sukkah 33b
[39] The reason: As this is considered a non-permanent knot and is invalid. [Avnei Nezer ibid]
[40] Simple implication of all Poskim, as they allow borrowing another person’s Tefillin and never make mention of an issue with redoing the knot so it fits one’s head, which in 99% of cases would be necessary [See Michaber 14:4;dmur 14:12]; Eretz Tzevi 1:7; Keli Chemda Parshas Vayeilech; Yeshuos Moshe 3:1; Minchas Shlomo 2:2; Kinyan Torah 6:5; Even Yisrael 9:3; Shevet Halevi 5:4; Teshuvos Vehanhagos 4:13; Mishnas Yosef 5:14; Igros Kodesh 18:378, printed in Shulchan Menachem 1:68 that so is custom; Toras Menachem Vol. 1 p. 31, Shabbos Mevarchim Iyar 5710, printed in Shulchan Menachem 1:68; Sefer Haminhagim p. 5; See Tosafus Menachos 35b in name of Rabbeinu Eliyahu that the knot would be undone daily
The reason: 1) As the knot of Mitzvah is considered permanent even when temporary. [Keli Chemda ibid; Igros Kodesh and Toras Menachem ibid; See Bechoros 10a; Rashi ibid; Beitza 27b; Encyclopedia Talmudit Mareches Isuro Chishuvo] 2) As Tefillin do not require a permanent knot, as rules the Ramban in Milchamos Eiruvin 31b, brought in Avnei Nezer 185. [Keli Chemda ibid; Igros Kodesh ibid] 3) Alternatively, this is because that the knot is not completely undone but just slightly widened or shorten. [Eretz Tzevi in name of Shem Meshmuel] Furthermore, if 24 hours passed after the knot has been redone then it is considered permanent even according to the stringent opinion, And hence the owner of the of the Tefillin does not need to worry if someone changes the knot after he already work that day. [Eretz Tzevi in name of Avnei Nezer 180]
[41] Maharsham 6:85
[42] See M”B 25:2 in asterisk on bottom of page that if his friend is Makpid, he can’t alter the knot
The reason: As one is required to refold the Tefillin after he uses it, if he found it folded. [Admur 14:12] Now, although it is not required for it to be folded the same way, as stated above in Admur 14:9, nonetheless that is because the owner will not be very particular if he finds it folded in another manner. However, by an alteration of its size, certainly the owner will be very particular if he finds that someone altered the knot and head size, and he now needs take the time to redo it, and certainly if he does not know how to redo it.
[43] As if he can redo the knot to the original size then there is no reason why the owner would be particular. On the other hand, it is difficult to assess that indeed one will be successful in returning it to its original size, and hence perhaps should never be undone without permission.
[44] Or Letziyon 2:44-37; Halacha Berura [Rav Dovid Yosef] 32:185; Vayetar Yitzchak 5:4
[45] P”M 32 A”A 69 that one needs to tie the knot Leshma; Mileches Shamayim 20:5; Keses Hasofer 23:5; M”B 32:232; 33:23; Halichos Shlomo 4:81, p.56 in name of Rav SZ”A; Piskeiy Teshuvos 32:80 footnote 578; See Halacha Berura ibid
[46] See Or Letziyon ibid that according to the Michaber 33:4 who rules that if the blackness of the straps were not dyed Lishma, it still remains Kosher, here too it still remains Kosher, as the Zivcheiy Tzedek in Shut 2:4 rules that the same applies by all the matters that are Halacha Lemoshe Misinai. However, according to the Rama 33:4 and Admur 33:5 who rule that if the straps were not dyed Lishma then they are Pasul, then here too the knot is seemingly Pasul until it is fixed. Accordingly, for Sephardim the knot remains Kosher, while for Ashkenazim it is Pausl and must be redone Lishma.
[47] Halacha Berura [Rav Dovid Yosef] 32:185 and Shaar Hatziyon 575
[48] Aruch Hashulchan 14:11
[49] Choshen Mishpat 291:1 [regarding a Shomer Chinam, and certainly this would apply to a borrower in this case even if one holds according to the Machaneh Ephraim]
[50] Michaber Choshen Mishpat 340:1; Birkeiy Yosef 586:10; Halachos Ketanos 1:79; Shulchan Gavoa 586:8; Kaf Hachaim 586:25
The reason: As a borrower [Shoel] is only liable for all damages if the damages did not occur in the process of the normal use of the object. [Choshen Mishpat 340:1]
[51] Birkeiy Yosef 586:10 in name of Mahriy Malko 98; Shaareiy Teshuvah 586:2 [4]; See Kaf Hachaim 14:18 and 586:25
[52] The reason: As this has a status of “Shoel Shelo Midaas” in which case he is liable in all cases.
[53] Halachos Ketanos 1:79; Shulchan Gavoa 586:8; Beir Heiytiv 586:4; Sdei Chemed Daled Minim 9
[54] The reason: As he was allowed to borrow it and is hence considered like a regular Shoel. [Poskim ibid]
[55] Orin Telisain 97 based on M”A 586:6 as he has a status of a borrower which is liable for even Onsin. [Choshen Mishpat 340:1]; See Sdei Chemed ibid; Piskeiy Teshuvos ibid footnote 9
[56] Machaneh Ephraim Nedarim 24 as the borrower receives no monetary benefit from the use of the Tallis and he thus does not have the status of a borrower in this regard.