web analytics
October 1, 2014 / 7 Tishri, 5775
At a Glance
Judaism
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Father’s Pledge

Business-Halacha-logo

Mr. Gottlieb, though not wealthy, was known for his generosity. He scrupulously gave 10 percent of his earnings to charity, and often much more. Among his regular charities was Yeshivas Ohr Israel. At the recent Dinner, Mr. Gottlieb pledged $10,000 toward the Yeshiva’s scholarship fund.

Two weeks later, Mr. Gottlieb passed away, before he had a chance to honor his pledge. His inheritance went to his only child, Dovi. After the shiva was concluded, Dovi received a visit from the financial administrator of Ohr Israel, Mr. Goldin.

“Your father pledged $10,000 to the yeshiva’s scholarship fund two weeks before his death,” Mr. Goldin said. “Honoring your father’s pledge promptly would be a great merit for his memory.”

Dovi, however, was hesitant. He did not particularly identify with Ohr Israel; his attitude toward it had always been somewhat distant. In addition, Dovi’s own financial situation was not stable.

“I affiliate myself with other Torah institutions and am experiencing my own financial issues at the moment,” replied Dovi. “I don’t see myself donating to Ohr Israel.”

“But your father already pledged that amount,” Mr. Goldin said. “You owe us the money.” “Did my father sign any agreement with the yeshiva or make any other binding commitment?” asked Dovi.

“It was a verbal pledge,” acknowledged Mr. Goldin. “But verbal commitments also have to be honored, particularly charity pledges.”

“My father pledged that amount,” said Dovi. “I never pledged it to you.”

“But when he made the pledge, he committed his money to the yeshiva,” said Mr. Goldin. “We’re not asking you to donate your own money, only from your father’s estate.”

“That money is now mine,” responded Dovi. “There’s no difference between my money from before and what I inherited from my father. If nothing was committed in writing, his pledge doesn’t obligate me to donate.”

“Perhaps you don’t share your father’s enthusiasm for Ohr Israel,” said Mr. Goldin. “But it still seems to me that, as his heir, you are obligated to honor also his verbal pledges.”

“I am not convinced,” said Dovi. “I will verify the matter and get back to you in a week.”

“Thank you for your time,” said Mr. Goldin. “We hope that you will decide to honor your father’s pledge as a merit to his soul, regardless.”

Dovi called Rabbi Dayan and asked if he could advise him on the matter: “Am I required to honor my father’s verbal pledge?”

“Whether an heir is obligated to honor his inheritor’s verbal pledge is the subject of an intricate dispute,” said Rabbi Dayan.

“Oh, really?” exclaimed Dovi. “Who discusses the issue?”

“This case was disputed outright by the mechaber, Rav Yosef Karo, and the Rama,” said Rabbi Dayan. “A person pledged a sum of money to the poor of Eretz Yisrael in his will. The heirs challenged the will, claiming it was not drafted properly. Rav Karo upheld the will for a number of reasons. One was that even if the will was not drafted properly, a verbal pledge to charity is also fully binding. The Rama [Responsa #47-48:3] disagreed with him, arguing that a charity pledge is considered a vow a person must fulfill, but does not obligate the heirs if not contractually binding through a properly drafted will or another form of kinyan. Interestingly, in that particular case the Rama enforced the ruling of Rav Karo anyway, out of his great respect for him.”

“Is this dispute reflected in Shulchan Aruch?” asked Dovi.

“Yes,” replied Rabbi Dayan. “The Shulchan Aruch [C.M. 212:7] writes that if someone pledged to charity before his death future income from his real estate, it must be given to the poor, even though such a future agreement is not contractually binding. The Rama comments that only the person himself must fulfill his pledge as a vow, but not if he died already. Ketzos Hachoshen [290:3] explains that the crux of the issue is whether the requirement to honor one’s charity pledge generates a legal obligation, a lien, on the money.”

“So I don’t have to honor my father’s verbal pledge according to the Rama?” said Dovi.

“You cannot be forced, though the issue is not simple,” replied Rabbi Dayan. “A number of authorities maintain that even the Rama concedes that the vow creates a legal obligation when the assets are already in existence. [See SM"A 212:21; Pischei Teshuvah 212:9 citing Chasam Sofer.] Furthermore, if the father already set aside the money before he died, the heirs are required to give it.” (Nesivos 250:4; Tzedaka U’Mishpat 4:28-29)

“What about the issue of honoring my father?” asked Dovi.

“If a person instructed his children to give the money, there is kibbud av in fulfilling his words,” replied Rabbi Dayan. (Pischei Teshuva 252:3) “There is also no doubt that fulfilling his charity pledge is a way of bringing him great merit and serves as a proper tribute to his neshamah.”

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Father’s Pledge”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
B'Tselem ran a campaign this summer attacking Israel for its actions when searching for the missing Israeli teenagers. They called the campaign, "Hitching a Ride."
Israeli AG: Anti-Israel NGO Can Utilize National Service Volunteers
Latest Judaism Stories

On Sunday, Jews will be refraining from food and drink from dawn until sunset to commemorate the Fast of Gedaliah. Following Nebuchadnetzar’s destruction of the First Temple and exile of most of the Jews, the Babylonians appointed Gedaliah ben Achikaam as governor of Judea. Under Gedaliah’s leadership, Judea and the survivors began to recover. On […]

On the beach

As we enter the Days of Awe, we must recognize that it is a joy to honor and serve true royalty.

Rabbi Avi Weiss

On Rosh Hashanah we are taught that true self-analysis involves the breaking down of walls

PTI-092614-Shofar

When we hear the words “Rosh Hashana is coming” it really means Hashem Himself is coming!

Who am I? What are the most important things in my life? What do I want to be remembered for? If, as a purely hypothetical exercise, I were to imagine reading my own obituary, what would I want it to say? These are the questions Rosh Hashanah urges us to ask ourselves. As we pray […]

We recently marked the thirteenth anniversary of 9/11 – that terrible day when the symbols of man’s power and achievement crumbled before our eyes and disappeared in fire and smoke. For a very brief moment we lost our smugness. Our confidence was shaken. Many of us actually searched our ways. Some of us even learned […]

Why am I getting so agitated? And look how we’re treating each other!

While women are exempt from actually learning Torah, they are obligated in a different aspect of the mitzvah.

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

We must eat, sleep, work, and care for our dependants. How much time is left over after all that?

Once we recognize that our separation from God is our fault, how do we repair it?

Chatzitzah And Its Applications
‘Greater Stringency Applies To Hallowed Things…’
(Chagiga 20b-21a)

To choose life, you must examine your actions in the period preceding the Days of Awe as an unbiased stranger, and render your decision.

Rabbi Dayan took a challah and some cooked eggs. He then called over his 15-year-old son, Aharon. “Could you please ask your friend Chaim from next door to come over and help me with the eruv tavshilin?”

This world has its purpose; it has been ideally fashioned to allow man to grow.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

Rabbi Dayan took a challah and some cooked eggs. He then called over his 15-year-old son, Aharon. “Could you please ask your friend Chaim from next door to come over and help me with the eruv tavshilin?”

Business-Halacha-logo

When the Kleins returned, however, they were dismayed to see that the renters did a poor job cleaning up after themselves.

“Tony said that the code in most places in the U.S. is at least 36 inches for a residential guardrail,” replied Mr. Braun. “Some make it higher, 42, or even 52 inches for high porches. What is the required height according to halacha?”

“The Torah states in Parshat Ki-Teitzei: ‘If you build a new house, you shall make a fence for your roof. I think it’s your responsibility.”

On Friday afternoon, Dov called Kalman. “Please make sure to return the keys for the car on Motzaei Shabbos,” he said. “We have a bris on Sunday morning and we’re all going. We also need the roof luggage bag.”

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

“Guess what?” Benzion exclaimed when he returned home. “I just won an identical Mishnah Berurah in the avos u’banim raffle.”

“Do I have to repay the loan?” he asked. “Does Yosef have to reimburse me? What if doesn’t have that sum, does he owe me in the future?”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/fathers-pledge/2012/05/03/

Scan this QR code to visit this page online: