Dispute over a Jacket: A Request for Rabbinic Guidance

"Hello, a week ago I accidentally took my son's jacket from the kindergarten's hook, which belonged to another boy (size 1.5), and the other boy took my son's jacket (size 2). I realized it two days later and took the jacket back to the kindergarten to return it, where I met the other boy's mother. She told me she had kept the size 2 jacket because she thought it was hers, and she didn't mind keeping it. I told her I wanted my son's jacket back, not hers, and that it was too small for me anyway. She refused to return it, saying it was dirty. I explained that I hadn't used it, only for the way back home one day, and that I hadn't stained it. After discussing, she told me to bring it clean the next day, and she would bring the other one, and we would hang them on the hook and each take our own. I cleaned it immediately and hung it up. The next day, she didn't hang her jacket, nor did she take mine. I looked for her and found her only after a week. I asked her what was going on, and she said she had seen the jacket and it was torn under the sleeve. I told her I hadn't torn it, that it must have been like that before, and she said no. She still has my son's jacket at home and refuses to return it, saying she doesn't want it. But she has no proof that I damaged it, and no way to justify it. I claim my jacket back. I suggested we ask the rabbi to decide who is right.

*Summary of the case:*

- My son accidentally took another boy's jacket (size 1.5), and the other boy took my son's jacket (size 2).
- The other boy's mother refuses to return my son's jacket, claiming it is dirty and torn.
- There is no proof that I damaged the jacket.
- The other boy's mother has my son's jacket at home and refuses to return it.
- I request the rabbi's intervention to resolve the matter."

Shalom!

Thank you for your question.

Allow me to begin by mentioning that there is a dispute among the authorities whether one is allowed to use an item when it is clear that someone else accidentally took you similar item (i.e. a coat for a coat). The rule is, that when it is clear that there was an unintentional "swap" one is permitted to use the item (the coat) until the exchange-back can be made (if it is the similar type of garment).

The other lady is required to return your son's jacket, and you are required to return hers, and as long as she does not have proof that you tore it you are exempt from fixing it.

 

ובדין נתחלפו לו כליו – נפסק הדין (שו״ע חו״מ סי׳ קלו ס״ס. אדה״ז הל׳ גזילה וגניבה ס״ל) בסתמא לאיסור. ובשו״ע אדה״ז (שם) מפורש שכ״ה גם אם חבירו משתמש בשלו.וראה גם ערוה״ש ס״ב. והעולם נוהגים היתר בכ״ז. 

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