Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour

Can One Use Borrowed Tefillin—And What If They Were Bought on Credit or Unpaid For?


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Can One Use Borrowed Tefillin—And What If They Were Bought on Credit or Unpaid For? Tefillin are holy objects—handwritten, expensive, and often personalized. As a result, situations arise where someone needs to borrow a pair or buy one on credit , and the Halacha must clarify when that's permitted and under what conditions the Tefillin are valid. Can You Borrow Tefillin Without Explicit Permission? According to the Shulhan Aruch (Orah Haim 14), it is generally permissible to borrow Tefillin without asking , as long as: The Tefillin are in a public or communal place , such as a synagogue shelf. The owner is known to be a religious, Torah-observant individual who would be pleased to fulfill the Misva of helping another Jew perform the commandment. This is based on the concept of "Nicha le'le'insah de'te'avid Misva b'mamoneh" —a person is happy for others to fulfill a Misva using his belongings. However: If the Tefillin case is clearly labeled with a note such as "Do not borrow," or if the owner is known to be particular, they may not be used without permission . If the Tefillin are custom-made, unusually expensive, or rare (e.g., very small, lightweight, or adorned), one may not assume permission to borrow them. Are Tefillin Purchased on Credit Kosher to Use? A person who buys Tefillin on credit or with a payment plan —meaning, they took the Tefillin before completing payment—can still use them , and they are halachically valid. However, several points must be observed: The seller must have willingly agreed to this arrangement. There must be no deception or unresolved protest from the seller. If the seller later expresses dissatisfaction or demands the return of the Tefillin due to non-payment, the buyer must stop using them until the matter is resolved. This is because ownership is not fully transferred when there is a dispute over payment. Using Tefillin that one does not fully own—against the will of the seller—is improper. What If the Seller Cannot Be Located Later? If a person purchased Tefillin (even years ago) and later realized: The full payment was never completed, Or they can't remember whether it was ever paid, Or they cannot locate the original seller, Then the person must try to track down the seller , even through friends or family. If all reasonable attempts fail: He should donate the estimated value to a Torah cause or Misva, such as a yeshiva , Tefillin fund , or synagogue in need . This shows good faith effort to settle the financial obligation, and avoids benefiting from a Misva object that may be partially stolen. Summary: You may borrow Tefillin without permission only if the owner would be pleased, and there's no sign or reason to assume otherwise. Tefillin bought on credit are valid if the seller agreed—but must not be used if the seller later protests or withdraws permission. If the seller cannot be found, donate the value to a Torah cause to ensure proper use of the Tefillin.
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Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. MansourBy Rabbi Eli J. Mansour

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