Sunday, November 4, 2012

Mixed-up raincoats in shul

Hi,

One who accidentally takes the wrong raincoat in shul, and then returns to find that his own raincoat is gone, may not continue to use the raincoat he took.

It would be good to implement the custom recorded regarding overshoes in Aruch haShulchan Choshen Mishpat 136, to agree communally that those whose coats are switched may continue to use them until they meet each other and are able to trade them to each other. However, even in such a case one would be required to return the coat he took to the rightful owner once he was identified, even where his own coat was still missing. Further, in this last case he would be obligated to pay for the benefit he received from the coat, since the owner was not the person who took his.

(Rav Moshe Feinstein, Igrot Moshe Orach Chaim 5:9:7)

Have a great day,
Mordechai

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