The Tale of the Switched Tallis

The Tale of the Switched Tallis

I’m in shul and I’m about to begin davening when I realize I’m holding someone else’s tallis! May I make a brachah on a “stolen” tallis?

From a strictly halachic perspective, it is permissible to use someone else’s tallis (of course, it should not be removed from shul, must be handled with utmost care and replaced where it was found; see Halachah #248). Halachah assumes that a Jew would allow another to borrow his possessions for a mitzvah. 

Some contemporary poskim hold that this assumption does not apply today, since there are a significant number of people who would be annoyed if they found out that someone else made use of their tallis.  Nonetheless, if someone leaves his tallis in shul, we can assume they are not makpid (particular).

I took a bathroom break in middle of davening and returned to my place to find that I mistakenly switched my tallis for someone else’s. May I use it?

In this scenario, the owner would certainly not sanction the use of his tallis since he is also davening right now. A tallis switched in middle of davening may not be used.

I went to the mikvah before davening. When I came out I found that someone had taken my tallis, and left his behind. May I take it?

A person may not take someone else’s possessions without permission, including a tallis, even if he is quite certain that the other person has his.

Okay, but what if I only realize once I’m in shul, and I’m certain that the talleisim were switched by mistake. I’m absolutely sure that there’s some other guy out there who has my tallis. I don’t mind if he uses mine—may I use his?

There are some poskim who state that if it is certain that both parties are aware of the switch, they may each use the other’s tallis—and even make a brachah on the switched tallis. #617

https://halacha2go.com?number=617

Practical Halacha: One minute a day. By Horav Yosef Yeshaya Braun, shlita, Mara D'asra and member of the Badatz of Crown Heights.