A stolen Megillah

This article is an excerpt from our Sefer

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A stolen Megillah: [1]

If one read from a stolen Megillah he nevertheless fulfills his obligation.[2] Nevertheless a blessing cannot be recited when reading from a stolen Megillah.[3]

 

Q&A

May one borrow another person’s Megillah without permission?

Some Poskim[4] rule that one may use another person’s Megillah without permission. Others[5] rule that if the Megillah is old it may be used, however if the Megillah is new, and hence may tear due to use, then it is forbidden to borrow it without permission.

 


[1] 691/11

[2] The reason: As a voice cannot be stolen. [M”A 691/11; M”B 691/28]

[3] Rama ibid as he rules regarding a stolen Lulav in Michaber 649/1; M”B 691/30; Admur 649/5. This applies even if the robber acquired the Megillah through Yiush and Shinuiy Maaseh. [Admur ibid; P”M brought in M”B ibid]

[4] Beis Oved 691/25 brought in Kol Yaakov 691/36; See Admur 14/9 regarding a Tallis [permitted]; 14/12 regarding Tefillin [permitted]; 14/13 regarding Sefarim [forbidden]; Admur Choshen Mishpat Shiela Usichirus 5 rules regarding Sefarim that if minority of people are Makpid it is forbidden, if however one knows for certain that no one is Makpid then it is permitted; 586/5 regarding a Shofar [permitted].

[5] Kol Yaakov ibid

 

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