*As an Amazon Associate I earn from qualifying purchases.
WhatsApp
Facebook
Twitter
Telegram
- 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]
|
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. style="text-align: justify">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. style="text-align: justify">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.
|
[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.