Shulchan Aruch: Chapter 14 - Laws Relating to Tzitzis made by a Non-Jew or by Women, and a Borrowed Tallis

SECTION 14 Laws Relating to Tzitzis made by a Non-Jew or by Women, and [Laws Relating to] a Borrowed Tallis. (1–15)

1 If a non-Jew attaches tzitzis to a garment, they are invalid. This is derived from the verse,1 “Speak to the Children of Israel [and tell them] that they shall make tzitzis for themselves [on the corners of their garments].” I.e., it is the Children of Israel who should make tzitzis on the corners, not a non-Jew.2

2 A woman is qualified to attach tzitzis to a garment, for she is part of “the Children of Israel.” Some authorities, however, liken tzitzis to tefillin. [They maintain that] just as women are not qualified to write [tefillin] because they are not obligated to put them on, as stated in sec. 39[:1], so, too, are they not qualified to attach tzitzis to a garment, because they are not obligated to observe the mitzvah of tzitzis.3

According to their view, a minor is likewise not qualified to attach tzitzis to a garment, even if an adult stands over him and instructs him to make the tzitzis for the sake of the mitzvah.4 All authorities agree, however, that both women and minors are fully qualified to spin and wind [the threads], even as an initial option.5

The law follows the first opinion. Nevertheless, it is initially preferable to make a point of observing [the stringency of] the latter opinion.

3 [Opinions vary in the case of] a Jew who attaches tzitzis to a garment without intending to do so for the sake of the mitzvah of tzitzis. According to one opinion6 the tzitzis are valid, for if that were not the case, why would the Torah have to exclude a non-Jew from attaching tzitzis to a garment? [That would be obvious,] for a non-Jew will not attach them for the sake of the mitzvah of tzitzis.

There are, however, other opinions7 which maintain that if a Jew attaches tzitzis to a garment without intending [to do so for the sake of the mitzvah], they are invalid. [This opinion resolves the above question concerning non-Jews by explaining that] the Torah found it necessary to disqualify a non-Jew only in a situation in which a Jew was standing over him, assisting him,8 and telling him to make [the tzitzis] for the sake [of the mitzvah] of tzitzis. Even so, the tzitzis are invalid.9 The halachah follows this view.

Nevertheless, in a pressing situation in which one does not have another tallis with tzitzis [except one whose tzitzis were attached without the proper intent] and it is impossible for him to untie the tzitzis and attach them to the garment with the proper intent, e.g., it is Shabbos, one may rely on the first opinion and wear this garment. A blessing, however, should not be recited over it, for the blessings are not indispensable [to the fulfillment of a mitzvah].10

4 If one borrows from a friend a [four-cornered] garment which does not have tzitzis, he is not obligated to attach tzitzis to it for 30 days.11 [The Sages12 derived this law from the verse,13 “You shall make yourself braided threads on the four corners of] your garment”: [the commandment applies only to] “your garment,” but not to a garment belonging to others.

After 30 days pass, however, one becomes liable to attach tzitzis to [the garment] according to Rabbinic Law, because it appears as if it is his. These 30 days must be consecutive. If he returns it to its owner within 30 days and then borrows it again, [the two time periods] are not added together. Instead, he counts the 30 days from the second time it was borrowed.

5 If he desires to attach tzitzis to [the borrowed garment] within 30 days and recite a blessing over it, he has that option; it is not considered a blessing recited in vain. For although he is not obligated [to attach tzitzis to this garment], he may still recite [the blessing, praising G‑d Who] “commanded us to enwrap ourselves [in tzitzis],” just as women recite blessings for all the mitzvos which they are not obligated to fulfill [but they nevertheless perform], for the reasons explained in sec. 17[:3]. See there.

6 When one borrows a tallis with tzitzis from a friend, he is obligated to recite a blessing over it immediately, for [it may be assumed that the person who lent it to him] did so with the intent that he recite a blessing over it. And since the required blessing may not be recited over a borrowed garment, we can assume14 that [the owner] lent it to him in a manner that will enable him [to recite the blessing]. [Since] it is impossible for him to recite a blessing over [the garment] unless it is his, it is considered his, [for we assume that the owner gave it to him] as a present with the intent that it be returned.15

7 When does the above apply? With regard to a garment used exclusively for the mitzvah, e.g., a tallis gadol or [the garment] popularly known as arba kanfos [lit., “four corners”; i.e., a tallis katan]. For with regard to these, it is certain that [the owner temporarily] transfers ownership [of the garment to his friend] with the intent that he perform the mitzvah and recite the blessing over it. Thus it is considered as if he gave it to him as a present with the intent that it be returned.

[The Rabbis ruled differently,] however, when one lends a friend a four-cornered garment which he will wear as regular clothing and not for the sake of the mitzvah of tzitzis. [Though] tzitzis are attached to it because it has four corners, the borrower need not recite a blessing. The rationale is that it is not obvious that the person is lending it to him for the sake of the mitzvah, so that it would be considered as a present [given] with the intent that it be returned. Perhaps he lent it to him to use as an ordinary garment. If, however, the borrower desires to recite a blessing, he may, as explained [in subsection 5 above].

8 [The following rules apply when] one borrows a tallis with tzitzis from a friend16 in order to recite the Priestly Blessing,17 or to receive an aliyah at the public Reading of the Torah,18 or to lead the congregational prayers.19 If the lender knows that the borrower will wear [the tallis] with the intent of fulfilling the mitzvah of tzitzis, [we can assume] that he lent it to him with the intent that he recite a blessing over it.20 Hence, it is considered a present [given] with the intent that it be returned. Therefore the borrower should recite the required blessing over it, as if it were actually his own.

If, however, the lender does not have in mind that the borrower will wear it with the intent of fulfilling the mitzvah of tzitzis but thinks that he is wearing it only as a token of respect for the congregation, it is not appropriate to say that this is considered as if he had given it to him as a gift with the intent that it be returned. Hence the borrower is not required to recite the required blessing over it. He has the option of reciting the blessing, however, as stated [in subsection 7] above.

9 It is permitted to put on a tallis belonging to a friend without his knowledge.21 This is not considered as borrowing it without consent which is equivalent to robbery, because there is no reason to fear that the object itself will be ruined, for he puts it on only briefly and then returns it. Since a person is pleased when a mitzvah is performed with his property if it does not involve a loss, [we assume that the owner would consent].22

If, however, one finds a tallis folded, he should fold it after taking it off.23 For if he does not fold it, the owner would object and that would cause [the borrower] to be considered as as having borrowed it without consent, which is equivalent to robbery. It is not necessary to fold it in the same manner as it was originally folded, however. Even if he folds it differently, this is acceptable. On Shabbos there is no obligation to fold it at all; see sec. 302[:8].24

10 The [Sages] granted permission to wear a tallis belonging to a friend without his knowledge only as an occasional measure, but not as a fixed practice, lest the owner object.

Moreover, even on occasion, permission was granted only to put it on in the place where it was left by the owner. It may not be removed from there and taken to another place, e.g., from the synagogue to one’s own home, or from the owner’s home to the synagogue. This is forbidden even when one is going to return it to the place from which it was taken, for a person is not comfortable when his possessions are taken to a place which is not designated as his.

11 When one puts on a tallis belonging to a friend without asking him, there is no need to recite a blessing over it. For it is not appropriate to say that his friend gave it to him as a gift with the intent that it be returned, since the owner of the tallis does not know [that it is being used] at all. If [the borrower] desires, however, he has the option of reciting the blessing, as stated in subsection 5, 7, and 8 above;25 see there.

12 Similarly, it is permitted on occasion to put on tefillin belonging to a friend without his knowledge.26 A blessing must be recited over them, for [wearing] tefillin is an obligation incumbent on [every individual’s] person; there is no need that the tefillin be his. [The borrower] should, however, be careful to wind them [after use] if they were wound when he found them. He should not remove them from the place where they were placed, lest [their] owner object. This [would transform his deed into] a mitzvah that comes about through a transgression.

13 It is, [however,] forbidden to study from texts belonging to a friend without his knowledge, even on occasion, because [their] owner fears that people will read them until they are torn from extensive handling. Therefore, he does not desire that others study from them at all. (The laws that apply when one entrusts sacred texts to a Torah scholar for safekeeping are stated [by Rama] in Choshen Mishpat 292:20;27 see there.)

14 Just as the obligation to attach tzitzis does not apply to a borrowed tallis, so, too, borrowed tzitzis are not considered tzitzis at all, and cannot be used to fulfill one’s obligation for a garment. [This is derived from] the phrase,¹ “They shall make tzitzis for themselves,” which implies “of their own.”28

Threads are deemed a borrowed object [in which case the very same item must be returned] only when the person lending them stipulated that the same threads which he lent be returned. If, however, the borrower is not required to return the same threads, they are not deemed a borrowed object, but are governed by the same laws as a monetary loan.29 In this case the threads are considered as [the recipient’s] actual property, and he may attach them to a garment even as an initial option.

[Moreover,] even if [the recipient] stipulated that he return to the lender the same [borrowed] threads, [the tzitzis] are not disqualified unless the lender does not know that the threads were borrowed with the intent of using them for tzitzis and [instead,] thought that [the borrower] wanted to perform another task with them. If, however, the lender knew that the borrower intended to attach the threads to a garment for the sake [of the mitzvah] of tzitzis, and he lent them to him with that intent, [the borrower] is permitted to attach them to a garment, even as an initial and preferred option — for it is as if [the lender] gave them to him as a gift to be returned, as stated above with regard to a borrowed tallis, in subsection 6.30

15 It is obligatory to attach tzitzis to a garment belonging to partners. [This is derived from] the phrase,¹ “on the corners of their garments.” The plural form31 implies the inclusion of [garments] belonging to partners.