Enlightening the World One Halacha at a Time

February 1, 2008

Someone took your coat, can you take someone elses?

In this weeks parsha, Mishpatim, we read about the laws of stealing. Baruch Hashem to most of us stealing and cheating are yetzer haras we have outgrown. Obviously, there are nuanced laws of stealing which many of us still struggle with (stealing someones sleep, borrowing without permission, plagiarism, etc) but for the most part we view the act of stealing with contempt and disgrace.I would like to discuss a common question that comes up that might infringe on the laws the stealing.The case is as follows: You decide to go to shul for shabbas and since its winter and you aren't Halachaboy you decide wear a coat. As a side point: HalachaBoy was influenced in his youth by an individual that never wore coats (not rain, snow, sleet, nor'easter could slow him down) and while HalachaMom would not let her young son follow in the footsteps of the Abominable Snowman, now that HalachaBoy is on his own and still secretly yearns to brave the elements like his boyhood idol, He is often seen coat less even in the subzero Green Bay -35 degree Icebowl weather. But back to the point, after an inspiring davening and Rabbi's speech (which you actually stayed awake for) you head to the coat room to retrieve your warm furry coat. Yikes! It is gone. Someone has taken your coat by accident, so you wait and hope perhaps the perpetrator will return it but to no avail. You are left in the coatroom alone, just you and a strangers coat with no identification. Its cold and you want to leave. Question - Can you wear this coat instead? You don't intend to keep it, but its cold and you want to get home.Rav Moshe answers ( OC 5 9:7) that from the gemara it would seem it is assur to take the coat. He, however, quotes the Aruch HaShulchan who rules that if the place were the item was lost is a communal area where everyone knows this stuff happens, since people put their items there knowing the risks, it would be allowed. Rav Moshe is hesitant to rely on the Aruch Hashulchan unless the shul announces this policy and places signs in the coatroom alerting the people of the rule. If however, your community has not instituted this policy, Rav Moshe feels you are not justified to take the coat as "collateral" for your coat and you are required to pay the owner for the use of the coat if you had already taken it. If you want to be safe, you can always remember to put your coat somewhere safe where no one else hides their coats, or brave it like HalachaBoy and the Abominable Snowman. We should all learn from this ruling how careful we must be with others property and how much regard we should begin to show for others belongings. It isn't a chumra.... Its the law.

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