Owning the garment

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Owning the Garment: [1]

This law will discuss the Tzitzis obligations of a four cornered garment that is not owned by the wearer. Regarding reciting a blessing on a borrowed Tallis, and other related laws-refer to Chapter 2 Halacha 12!

 

A. The law:

A four cornered garment is only obligated in Tzitzis if it is Halachicly defined as owned by the person who is wearing it.[2]

 

B. A borrowed Tallis or four cornered garment:[3]

Tallis/Garment without Tzitzis: A four cornered garment that does not have Tzitzis that was borrowed from a friend, is not obligated to have Tzitzis tied to its corners for the first thirty days of the borrowing period.[4] After thirty days, the garment is Rabbinically obligated in Tzitzis.[5] The above Rabbinical obligation only applies after thirty consecutive days of borrowing; if however one returned it to the owner within the thirty days and then re-borrowed it, then the thirty day count restarts and it is not obligated in Tzitzis until after thirty consecutive days from the second borrowing.[6] [The above however only refers to four cornered garments that are borrowed to be worn as clothing. If however the Tallis was borrowed with intent to wear for the Mitzvah, and the lender was informed of this intent, then the Tallis is immediately obligated in Tzitzis, and may not be worn until the Tzitzis are tied. For this reason, in today’s times that a Tallis is only borrowed for the sake of the Mitzvah, one may not wear a borrowed four cornered garment without Tzitzis even within 30 days.[7]]

Tying Tzitzis and reciting a blessing to borrowed Tallis/garment within 30 days:[8] If one borrowed from a friend a four cornered garment that does not have Tzitzis, then although it is not obligated in Tzitzis for the first thirty days of the borrowing period as explained above, nevertheless if one desires to tie Tzitzis to its corners within this time and wear it with a blessing, he may do so.[9]

Saying a blessing on a borrowed Tallis with Tzitzis:[10] One who borrows a Kosher Tallis from his friend [after asking his permission] is obligated to recite a blessing upon wearing it if it was evident to the lender that he borrowed it for the sake of performing the Mitzvah of Tzitzis.[11] If this was not evident, then the blessing is optional [for the first thirty days[12]].[13] In normal circumstances, when borrowing a regular Tallis Gadol or Katan, we assume it is being lent for the sake of the borrower fulfilling the Mitzvah, and the blessing is hence obligatory. See Chapter 2 Halacha 12 for the full details of this subject!

 

Summary:

A borrowed four cornered garment that does not have Tzitzis, is not obligated in Tzitzis until after thirty days of the borrowing period [unless borrowed for the sake of the Mitzvah], although if one desires to tie Tzitzis to its corners within this time and wear it with a blessing, he may do so. One who borrowed a Kosher Tallis from his friend [after asking his permission] for the sake of the Mitzvah, is obligated to recite a blessing upon wearing it.

 

Q&A on a borrowed Tallis

Practically today, may one borrow a Tallis Gadol/Katan without Tzitzis and wear it within 30 days?[14]

No. In today’s times that a Tallis is only borrowed for the sake of the Mitzvah, one may not wear a borrowed Tallis without Tzitzis even within 30 days.

 

May one borrow a Pasul Tallis and wear it?

  • Example: May one borrow a Pasul Tallis Gadol from his friend in order to Daven and refrain embarrassment associated in Davening without a Tallis?

Yes, it may be borrowed for up to 30 days. However this only applies if the Tallis owner is aware of the invalidation at the time of the borrowing.[15]

 

If one discovered his Tallis is Pasul, may he give it to another person as a present and then borrow it back in order to be able to wear without Kosher Tzitzis?

No.[16] However some Poskim[17] rule that one may do so in a time of need, such as if one will be embarrassed to be without Tzitzis.

 

Q&A on Tallis not owned by wearer

What is the status of a rented Tallis?

Some Poskim[18] rule it has the same status as a borrowed Tallis. Other Poskim[19] however leave this matter in question.

 

What is the status of a stolen Tallis?

A stolen Tallis is not obligated in Tzitzis[20], and one may hence not say a blessing over it.[21] Nevertheless, the robber must be stringent not to wear the Tallis without Kosher Tzitzis.[22]

 

Is a Hefker Tallis obligated in Tzitzis?[23]

A Tallis that belongs to Hefker, and has intentionally not been acquired by the person wearing it, has the same law as a borrowed Tallis and is not obligated in Tzitzis [for the first thirty days].

 

C. Jointly owned garment:[24]

A jointly owned Tallis is obligated in Tzitzis.[25]

 

Q&A on Tallis of joint ownership

If one partner does not want the other partner to wear the Tallis, may he wear it with a blessing?[26]

No. It is forbidden for the partner to say a blessing on the Tallis in such a case.

 

If brothers inherited a Tallis after their father passed away and there is dispute amongst the brothers, may the Tallis be worn with a blessing?[27]

No.

 

If the Tallis is owned by a Jew and a gentile is it obligated in Tzitzis?

Some Poskim[28] rule the Tallis is not obligated in Tzitzis. Other Poskim[29] rule it is obligated in Tzitzis, although a blessing is not to be recited over it.[30]

 

If the Tallis is owned by a man and a woman is it obligated in Tzitzis?

Some Poskim[31] rule the Tallis is not obligated in Tzitzis. Other Poskim[32] rule it is obligated in Tzitzis, although a blessing is not to be recited over it. Thus, if a Tallis fell in inheritance to both sons and daughters, the sons may not wear it with a blessing until the daughters give up their ownership over it.[33]

 

If the Tallis is owned by a man and a child is it obligated in Tzitzis?[34]

Yes.

 


[1] Admur 14/4; Michaber 14/3; Chulin 136a; Tosafus Chulin 110b

[2] The reason: As the verse states “Kesuscha/your garments” which implies that only your garments are obligated in Tzitzis and not the garments of others. [ibid]

[3] Admur 14/4; Michaber 14/3; Menachos 44a

[4] The reason: As the verse states “Kesuscha/your garments” which implies that only your garments are obligated in Tzitzis and not the garments of others. [ibid]

[5] The reason: As after thirty days it appears that the garment belongs to the person, and hence the Sages decreed that it is to have Tzitzis tied to its corners. [ibid]

[6] Admur ibid; Rama ibid

[7] Aruch Hashulchan 14/9; Piskeiy Teshuvos 14/5 footnote 30

[8] 14/5; M”A 14/5; Rosh Chulin 8/26 says it is best not to recite the blessing, although one who does so has not lost out and so rules Semag and Semak, brought in Beis Yosef

Other opinions: Some Poskim rule a blessing may not be recited on a Tallis that was borrowed without Tzitzis, even if he ties Tzitzis onto it, until 30 days have passed. [Mamar Mordechai 14/4 and Kaf Hachaim 14/14 explain that according to the Rambam and Michaber that rule women may not say a blessing on Mitzvos that they are not obligated in, so too here one may not say a blessing; Rashal ibid; Taz ibid; Chesed Lealafim 14/3; Mor Uketzia; See Siddur Admur and Rav Raskin p. 67]

[9] The reason: It is not considered a blessing in vain as although he is exempt from the Mitzvah he may nevertheless still recite “You commanded me to wear” just as women recite blessings over all the Mitzvos that they are exempt from, as explained in 17/3. [Admur ibid; M”A 14/5]

[10] 14/6; Based on [with slight differences]: Michaber 8/3; Rosh Chulin 8/26 [see however Rosh Tzitzis 2]; Taz 14/4-5; M”A 14/8

Other opinions that forbid blessing: Some Poskim rule that a borrowed Tallis is never to be used, and if one has to use it, one is not to say a blessing over it. [Rashal Kol Habasar 53 [brought in Taz]; Taz 14/5; Chesed Lealafim 14/3; Mor Uketzia] In the Siddur of Admur it is evident that there are opinions that rule that one may not say a blessing on a borrowed Tallis unless it was explicitly given as a Matana Al Menas Lehachzir. [See Siddur Raskin p. 67]

Other opinions that obligate a blessing: Some Poskim rule a borrowed Kosher Tallis is always obligated in a blessing, even when borrowed not for the Sake of the Mitzvah, as the Torah only exempted a Tallis that was borrowed without Tzitzis tied to its corners. [Michaber 14/3; Rosh Tzitzis 2 [brought in M”A 14/8]; Baal Haitur; Shiveli Haleket Tzitzis in name of Rabbeinu Tam; Tur; Elya Zuta 14/7 in name of Rokeiach 361; Elya Raba 14/6 [brought in P”M 14 A”A 6]; Artzos Hachaim 14/3] The Poskim however negate this opinion and so is the final ruling. [Admur in Kuntrus Achron 14/3]

[11] The reason: Although a borrowed Tallis is not obligated in Tzitzis for the first thirty days [14/4] and hence its blessing is merely optional [14/5] nevertheless when one borrows a Tallis that is only worn for the sake of the Mitzvah, such as a Tallis Gadol and Tallis Katan, he must recite a blessing. The reason for this is because we presume that the lender gave it to the borrower on the premises that he is borrowing it in order to fulfill the Mitzvah and say a blessing over it. Now, since it is not possible to recite a compulsory blessing on a borrowed Tallis, therefore it is circumstantial evidence that the lender intended to lend it in a way that the borrower can say a compulsory blessing. Now, since the blessing is not compulsory unless it belongs to the person wearing the Tallis therefore, it is legally assumed that the lender gave the borrower the Tallis as a legal present on condition to return after its use, and it hence belongs to the borrower until it is returned. [Admur ibid; Taz ibid; M”A ibid; Rosh Chulin 8/26; Tur Even Haezer 28] 

A four cornered garment that is worn for the sake clothing: The above ruling [of a compulsory blessing] is only regarding one who borrows a Tallis that is only worn for the sake of the Mitzvah, such as a Tallis Gadol and Tallis Katan, as in such a case the lender is certainly only acquiring it to him for the sake of him doing the Mitzvah and blessing, and it is thus considered a Matana Al Menas Lehachzir. If however one borrows a four cornered clothing garment that is not worn for the sake of the Mitzvah, but has Tzitzis tied to its corners to its obligatory status of four corners, then the borrowers is not obligated to recite a blessing being that we do not have any evidence that it was lent for the sake of the Mitzvah. Hence, we cannot assume that it was lent as a Matana Al Menas Lehachzir, as perhaps it was lent for the sake of wearing clothing. Nevertheless, if the borrower desires to say the blessing he may do so, as explained above in 14/4. [Admur 14/7; based on Taz 14/5]   

[12] 14/4

[13] 14/7

[14] Aruch Hashulchan 14/9; Piskeiy Teshuvos 14/5 footnote 30

[15] As otherwise it is considered as if the lender gave him the Tallis as a Matana Al Menas Lehachzir, and it is thus obligated in Tzitzis.

[16] M”A 13/8; Yeshuos Yaakov13/4

[17] M”B 13/15; Artzos Hachaim 13; based on advice of brother of M”A

[18] Olas Tamid 14/6; Elya Raba 145; Kaf Hachaim 14/15; M”B 14/10; Chasan Sofer Shaar Hagedilin 20/2

[19] Ittur Tzitzis 2/1 brought in M”B ibid and Chasan Sofer ibid; See there in Chasan Sofer that according to the Hagahos Ashriy a rented Tallis is obligated in Tzitzis.

[20] P”M 11 A”A 10; M”B 11/6 and Biur Halacha “Im Asahu”

[21] Biur Halacha ibid

The reason: As the verse states “Kesuscha”, your garment, and it is hence exempt from Tzitzis.

[22] Chasan Sofer Shaar Hagedilin 20/3 as we suspect that the liability which the robber carries on the Tallis makes it considered as if it is his. [See M”A 586/2]

[23] Rashba Shabbos 131; Chasan Sofer Shaar Hagedilin 20/6

[24] 14/15; Michaber 14/5; Chulin 136b

[25] The reason: As the verse states “Al Knafei Bigdeihem”, in plural tense, hence coming to include the garment of joint owners. [ibid]

[26] M”B 14/18 in name of Peri Megadim

[27] M”B 14/18

[28] Damasek Eliezer brought in Teshuvas Rav Akiva Eiger 66; Chasan Sofer Shaar Hagedilin 20/9

[29] Artzos Hachaim; M”B 14/17; See Hagahos Rav Akiva Eiger on 14/5 and Teshuvas ibid

[30] Vetzaruch Iyun why it is any different than a borrowed Tallis of which a blessing may be recited. See Piskeiy Teshuvos 14 footnote 93

[31] Damasek Eliezer brought in M”B 14/5; Chasan Sofer Shaar Hagedilin 20/11

[32] Artzos Hachaim; M”B 14/17

[33] See Piskeiy Teshuvos 14/12

[34] Chasan Sofer Shaar Hagedilin 20/11; See M”B 14/5;

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