סימן יד - דיני ציצית שעשאן נכרי ונשים וטלית שאולה ובו ט"ו סעיפים

Recording: Seifim 1–15

1. If a non-Jew attached tzitzis to a garment it is invalid, as it says: "דבר אל בני ישראל ועשו להם ציצית" ("Speak to the children of Israel, and they shall make themselves tzitzis"), etc. (Bamidbar 15:38):

the children of Israel shall make tzitzis on the corner, and not a non-Jew^[1].

2. A woman is valid to attach tzitzis to a garment, for she is included in "the children of Israel."

Some compare tzitzis to tefillin: just as women are invalid to write [tefillin] because they are not obligated to put them on, as written in Siman 39^[2], so they are invalid to attach tzitzis to a garment, because they are not obligated in the mitzvah of tzitzis.

According to them a child too is invalid to attach tzitzis to a garment, ^{[Kuntres Acharon 1]} even if an adult stands over him and tells him to do it for the mitzvah of tzitzis.

But spinning and twining are valid by women and children, even in the first place, according to all opinions^[3].

The law follows the first view, but it is nevertheless good to take care in the first place according to the last view.

3. If a Jew attached tzitzis to a garment without intent, that is, not intending it for the mitzvah of tzitzis, there is one who says they are valid,

for if you do not say so, why did the verse need to disqualify a non-Jew from attaching tzitzis to a garment, since a non-Jew does not intend the mitzvah of tzitzis?

But some say that if a Jew attached tzitzis to a garment without intent, they are invalid.

^{[Kuntres Acharon 2]} The verse needed to disqualify a non-Jew only where a Jew stands over him, helps him and tells him to do it for tzitzis: even so they are invalid. This is the law.

Nevertheless, in a pressing situation, such as when he has no other tallis fitted (properly) with tzitzis, [such as] when he also cannot untie the tzitzis and attach them again with intent, for example on Shabbos,

one may rely on the first view and he may wear this tallis, but should not recite a blessing over it, for blessings do not hold up a mitzvah^[4].

4. One who borrows from another a tallis without tzitzis is exempt from attaching tzitzis to it for all of thirty days^[5], as it says: "כסותך" ("Your garment") (Devarim 22:12), yours and not that of others.

After thirty days he must attach tzitzis to it by rabbinic law, because it appears to be his.

These thirty days must be consecutive.

If he returned it to the owner within thirty days and borrowed it again, they do not combine, but he counts the thirty days from the second loan.

5. If he wishes to attach tzitzis to it within thirty days and recite a blessing over it, he may, and it is not a blessing in vain.

Although he is exempt, he may say "and commanded us to wrap ourselves," as women bless on all mitzvos from which they are exempt, for the reason to be explained in Siman 17; see there.

6. One who borrows from another a tallis with tzitzis must recite a blessing over it immediately, because it was lent to him with the understanding that he would bless over it.

Since one cannot recite an obligatory blessing over a borrowed tallis, we can testify that the lender intended the wording that would be effective,

and if he cannot bless over it unless it is his, it is his as a gift on condition that he return it^[6].

7. When is this said? With a tallis set aside for the mitzvah of tzitzis, such as a tallis gadol or what is called arba kanfos,

for with these he surely transfers it to him only to do the mitzvah and bless over it, and so it is as if he gave it to him as a gift on condition that he return it.

But one who lends another a four-cornered garment worn simply as clothing and not for the mitzvah of tzitzis, with tzitzis attached only because it has four corners,

the borrower need not bless over it, because we have no clear evidence that he lent it for the mitzvah so that we could say it is as if he gave it as a gift on condition that he return it, for perhaps he lent it simply as clothing.

But if he wishes to bless, he may, as explained above^[7].

8. One who borrows from another a tallis with tzitzis ^{[Kuntres Acharon 3]} to go up to the duchan, or to go up to read from the Torah, or to go before the ark:

if the lender knows that the borrower wears it for the mitzvah of tzitzis, then he lent it with the understanding that he would bless over it,

and it is as if he gave it as a gift on condition that he return it, and so the borrower recites an obligatory blessing over it as if it were actually his.

But if the lender does not have in mind that the borrower wears it for the mitzvah of tzitzis, and thinks he wears it only out of respect for the congregation,

then we cannot say it is as if he gave it to him as a gift on condition that he return it,

and so the borrower need not recite an obligatory blessing over it; but if he wishes to bless, he may, as explained above^[8].

9. One may wrap himself in another's tallis without his knowledge, and he is not like one who borrows without knowledge, who is called a robber,

since there is no concern here of using up the item, for he wraps himself in it only for a while and returns it afterward, and a person is pleased to have a mitzvah done with his property^[9] where there is no monetary loss.

But if he found the tallis folded, he must also fold it after taking it off, for if he does not, the owner of the tallis will object, and he will be one who borrows without knowledge, who is called a robber.

He need not fold it specifically in its original [folding]; even if he folds it another way, that is enough.

On Shabbos he need not fold it at all; see Siman 302.

10. They permitted wrapping oneself in another's tallis without his knowledge only occasionally.

On a regular basis it is forbidden, lest the owner of the tallis object.

Even occasionally they permitted wrapping oneself only in the place where the owner left it.

He should not take it from that place to another, such as from the synagogue to his home, or from the owner's home to the synagogue,

and even if he will return it to where he took it from, it is forbidden, for a person is not pleased to have his belongings moved to places not set aside for them.

11. When one wraps himself in another's tallis without his knowledge, he need not bless over it,

for here one cannot say it is as if he gave it to him as a gift on condition that he return it, since the owner of the tallis knows nothing.

But if he wishes to bless, he may, as explained above in seifim 6, 8, 9^[10]; see there.

12. Likewise one may occasionally put on another's tefillin without his knowledge^[11], and he must bless over them,

because tefillin are a personal obligation, and the tefillin need not specifically be his.

But he should take care to fold them if he found them folded, and not to take them from where they were placed, lest the owner of the tefillin object, and it would be a mitzvah that comes through a transgression.

13. It is forbidden to learn from another's books without his knowledge, even occasionally,

because the owner of the books is concerned that he will read them so much that they tear from much handling, and so he is not pleased to have him learn from them at all

(and if he deposited books with a Torah scholar, see Choshen Mishpat, Siman 292, seif 20; see there).

14. Just as a borrowed tallis is not under the obligation of tzitzis, so borrowed tzitzis are not tzitzis at all and do not exempt the garment, as it says: "ועשו להם" ("They shall make themselves") (Bamidbar 15:38), from their own.

They are called borrowed only if the lender stipulated with him that he return those very threads he borrowed from him.

But if he need not return those very threads to him, this is not called borrowing but a loan, and they are actually as his,

and so one may attach them to a garment even in the first place.

Even if he stipulated with the lender to return those very threads, they are still not invalid unless the lender does not know that he is borrowing them for tzitzis, and thinks he wants to do other work with them.

But if the lender knows that the borrower wishes to attach the threads to a garment for tzitzis and lent them with this understanding, the borrower may attach them to a garment even in the first place, for it is as if he gave it to him as a gift on condition that he return it, as written above regarding a borrowed tallis in seif 7^[12].

15. A tallis owned by partners is obligated in tzitzis, as it says: "על כנפי בגדיהם" ("On the corners of their garments"), etc. (Bamidbar 15:38), in the plural, to include what is owned by partners^[13].

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Notes

1. Not a non-Jew: The source: "דבר אל בני ישראל ועשו להם ציצית בני ישראל יעשו ולא העובדי כוכבים יעשו" ("'Speak to the children of Israel, and they shall make themselves tzitzis': the children of Israel shall make them, and not idolaters") (Menachos 42a).

2. Written in Siman 39: Below, Siman 39, seif 1.

3. According to all opinions: With a child: "והיינו בגדול עומד על גביו" ("That is, with an adult standing over him") (Kuntres Acharon to Siman 11, 2). See Siman 11, seif 4 and Kuntres Acharon 2 there.

4. Do not hold up a mitzvah: Fulfilling the mitzvah does not depend on saying the blessing, so even without a blessing he is wearing tzitzis according to this view.

5. Thirty days: "טלית שאולה כל שלשים יום פטורה מן הציצית מיכן ואילך חייבת" ("A borrowed tallis is exempt from tzitzis for all of thirty days; from then on it is obligated") (Menachos 44a).

6. On condition that he return it: In Piskei HaSiddur: "השואל טלית מחבירו - יבקש ממנו שיתן לו במתנה על מנת להחזיר כדי שיוכל לברך עליה לדברי הכל כי מהיות טוב כו'" ("One who borrows a tallis from another should ask him to give it as a gift on condition that he return it, so that he can bless over it according to all opinions, for it is better to do what is good") (Laws of Tzitzis in the Siddur).

7. Explained above: Above, seif 5.

8. Explained above: Above, seif 5.

9. With his property: The Rebbe wrote, on giving one's esrog to all: "וכבר ידוע כלל חז"ל ניחא לי' לאינש דליתעבד מצוה בממונו (שאפילו מיעוט אינו באופן דלא כן שהרי בממון אין הולכין אחר הרוב. וראה שו"ע אדה"ז סי' ד' רס"ט)" ("The rule of our Sages is known, that a person is pleased to have a mitzvah done with his property (even a minority are not otherwise, for in monetary matters one does not follow the majority; see the Shulchan Aruch of the Alter Rebbe, Siman 4, start of seif 9)") (Igros Kodesh, vol. 16, no. 5816). The note on the letter there cites this seif, Siman 14, seif 9.

10. Seifim 6, 8, 9: These seifim do not fit here: the law that he may bless if he wishes is stated in seif 5, seif 7 and seif 8.

11. Without his knowledge: The Rebbe wrote, on the Avnei Nezer (Responsa, Orach Chaim 183), that one who puts on another's head-tefillin does not act properly, since the owner will afterward change the knot: "אבל כבר נהגו העולם דלא כן. וראי' חזקה להמנהג הוא מ"ש בפשיטות באו"ח סי' י"ד סעיף ד' - הועתק ג"כ בשו"ע לרבנו סעיף י"ב - דמותר להתלבש בתפילין של חבירו וכו'" ("But the world's custom is otherwise. Strong proof for the custom is what is written plainly in Orach Chaim, Siman 14, seif 4, copied also in the Shulchan Aruch of our Rebbe, seif 12, that one may put on another's tefillin, etc.") (Igros Kodesh, vol. 10, no. 3339); see Shulchan Menachem, Changing the Size of the Knot in Another's Tefillin.

12. Seif 7: The law "as if he gave it to him as a gift on condition that he return it" is stated in seif 6 and repeated in seif 7.

13. Owned by partners: "לרבות טלית של שותפין" ("To include a tallis owned by partners") (Chullin 137b).