Tefillin from Non-Jewish Shop

Question: A local non-Jewish charity shop is selling an old pair of tefillin. At a quick glance, I can see that they are no longer Kosher. Am I obligated to buy them to prevent them from potentially being desecrated?

Answer: The Mishna (Gittin 45a) teaches that one should not purchase Sifrei Torah, tefillin or mezuzos from non-Jews for more than their market value, because of tikkun olam. Rashi explains that this is either to avoid burdening the community or, more commonly, to avoid encouraging theft in expectation of inflated prices.

Accordingly, the Shulchan Aruch (OC 39:7) rules that one may not pay significantly above market value, lest this encourage theft. However, the Magen Avraham (39:10) writes that a small premium may be paid when necessary, in order to prevent them from being treated disrespectfully.

The Gemara (Gittin 45b) permits this modest increase, as it will not encourage theft. The Rosh (Gittin 4:46) and Tur (YD 281:1) add that this applies proportionately: for tefillin and mezuzos only a small addition is allowed, while for a Sefer Torah the allowance is scaled to its value.

The Gemara also discusses a Sefer Torah found with a non-Jew, whether it may be used or must be placed in geniza. The Yam Shel Shlomo (Gittin 4:67) writes that although there is no strict obligation to purchase a certainly passul Sefer Torah just to bury it, doing so to prevent desecration is highly praiseworthy.

However, the Mishna Berura (39:17), citing earlier Acharonim, rules that even passul tefillin should be purchased for geniza when they can be obtained cheaply. The Baer Heitev (OC 39:7) adds that this is especially relevant where leaving them would lead to further disrespect, though items requiring burning are excluded.

In conclusion, since the tefillin in this case are already known to be passul, they have little monetary value. Accordingly, there is no obligation to pay a substantial amount for them. However, if they can be purchased cheaply, or for only a small amount above their value, one should buy them and arrange for them to be placed in geniza, thereby preventing the possibility of their being desecrated.

In conclusion, when the tefillin are known to be passul, there is no obligation to spend significant money on them. However, if they can be bought cheaply or for only a small premium, one should purchase them and arrange geniza, in order to prevent their desecration.

Comments

Post a Comment

Popular posts from this blog

Disturbance During the Amida

Question: I brought my child to shul and he began making noise, disturbing others during shemone esrei. Was I permitted to take him out while I was davening ? Answer: The Mishna (Berachos 30b) teaches that one may not interrupt shemone esrei even if a king inquires about one’s welfare or if a snake is coiled around one’s leg. The Gemara (Berachos 32b) clarifies that this restriction applies only in non-dangerous circumstances. The Mishna refers specifically to a Jewish king and to a harmless snake (see Shulchan Aruch OC 104:3). The Vilna Gaon (Biur Hagra, OC 104:3) notes a machlokes regarding whether physical movement constitutes an interruption. According to Rabbeinu Yona (Berachos 21a) and the Rema (OC 104:3), mere movement is not deemed an interruption. However, the Rosh maintains that it is, and therefore one may not move during shemone esrei except in a case of danger. The Magen Avraham (104:3) and Mishna Berura (Biur Halacha 104:3) write that although one should n...
Read more

Seeing Monkeys and Elephants

Question: I invited a friend to join us on a trip to the zoo, but he declined, saying that he does not go to zoos. Why is that? After all, is there not a beracha to recite upon seeing certain animals? Answer: The Gemara (Shabbos 149a) teaches that one should not gaze at human or animal statues. The Meiri (Shabbos 149a) explains that looking at such images can have a negative spiritual influence. Based on this, R’ Moshe Greenwald (Arugas Habosem OC 39) writes that one should not look at animals either, and therefore ought not to visit zoos at all. However, R’ Ovadia Yosef (Yabia Omer OC 4:20; Yechave Daas 3:66) points out that the consensus of the rishonim is that this prohibition applies only to statues made for avoda zara . Otherwise, it is permitted to look at them (see Shach YD 142:33; Magen Avraham OC 307:23). He adds that even according to the stricter view, there is no issue with observing live animals. On the contrary, it serves as a way of marvelling at the wonders of H...
Read more

Beracha on Tzitzis

Question: Is it true that married men should not recite a beracha on tzitzis ? Answer: The Rema (OC 8:6) rules that one should recite the beracha ‘al mitzvas tzitzis’ prior to putting on a pair of tzitzis ( tallis katan ). The Mishna Berura (8:17) clarifies that this applies to a garment which one places over the head, as distinct from a tallis which is wrapped around the head ( atifa ) before being worn. The Shulchan Aruch (OC 8:13) states that if one dons one’s tallis shortly after putting on one’s tzitzis , a second beracha is not recited. Only where there is a significant hefsek between the two, such as walking to shul , should a second beracha be said (see Taz OC 8:11, Biur Hagra OC 8:25). Nevertheless, the Rema (Darkei Moshe OC 8:3), Mishna Berura (8:24), and Kaf Hachaim (OC 8:41) record that the prevailing minhag is for one who wears both tzitzis and a tallis to recite the beracha only when putting on the tallis , intending that it also include the tzitzis . ...
Read more