web analytics
April 26, 2015 / 7 Iyar, 5775
At a Glance
Judaism
Sponsored Post


More Than Enough

Business-Halacha-logo

Mr. Goodman was the gabbai tzedakah of his shul. A month before Pesach, he was approached by one of the congregants, Mr. Solomon, who poured out his heart. He had suffered a serious financial setback, and had no remaining money to purchase food and supplies for Pesach, in addition to various loans that he had to repay.

“How much money do you need?” Mr. Goodman asked him.

“I need to raise $10,000 to cover the Pesach expenses and loans,” replied Mr. Solomon.

“Please God, we will help you,” Mr. Goodman said. “I will send out a special notice of kimcha d’pischa [Pesach collection] to the shul membership.”

“I ask that you not mention my name,” said Mr. Solomon. “I would not like my circumstances publicized.”

“Of course,” said Mr. Goodman. “The notice will simply state that we are collecting kimcha d’pischa for one of our community members who is in financial need.”

“I very much appreciate your help,” Mr. Solomon thanked him.

The community responded very generously to the special appeal. During two weeks’ time, Mr. Goodman was able to raise $15,000 of kimcha d’pischa for Mr. Solomon.

Meanwhile, before the money was handed over, another person from the community approached Rabbi Goodman for support.

“I’ll try to help as we can,” said Mr. Goodman, “but we already made a special appeal this year. Let me see what other funds we have. I’ll be in touch with you in a day or two.”

After the person left, Mr. Goodman began wondering. “Mr. Solomon only asked for $10,000,” he thought to himself. “I wonder if I can give the excess $5,000 to this other person? On the other hand, maybe I had no right to accept more than $10,000 in the first place.”

Mr. Goodman called Rabbi Dayan and explained the situation. “What should I do with the excess $5,000?” he asked. “Should I give it to Mr. Solomon, use it for the other needy person, or return it to the donors?”

“This issue depends on a number of factors,” replied Rabbi Dayan. “The Mishnah (Shekalim 2:5) teaches that excess collection for needy people goes to the needy people. Similarly, Shaarei Teshuvah [O.C. 429:3] writes that excess kimcha d’pischa money shouldn’t be used for other purposes, but rather given to the needy for other Pesach expenses. Excess collection for a specific, needy individual goes to him. This Mishnah is cited in Shulchan Aruch [Y.D. 253:6]. ”

“It’s simple, then,” said Mr. Goodman. “The extra money goes to Mr. Solomon.”

“It might seem simple, but it actually isn’t,” said Rabbi Dayan. “According to many authorities, this halacha depends on whether the donors were aware of the identity of the recipient and whether the collector was a regular gabbai tzedakah.”

“Why is that?” asked Mr. Goodman.

“When money is donated for a certain individual, the collector accepts it on his behalf,” explained Rabbi Dayan. “However, by rights, he should not acquire the excess amount. Nonetheless, the Talmud Yerushalmi states that Chazal granted him it on account of the embarrassment he suffers through having his name publicized. Thus, when the collection was done anonymously, Mr. Solomon does not necessarily acquire the excess; the money can be used for a similar purpose and given to another needy family. (Mishpetai haTorah, Tzedakah #22)

“What difference does it make whether I am a regular gabbai tzedakah or not?” asked Mr. Goodman.

“When a regular person collects, the donor’s intent is for the current case,” explained Rabbi Dayan. “However, when a regular gabbai tzedakah collects, the donor’s intent is that any excess money should be distributed at his discretion. Moreover, some authorities maintain that a regular gabbai tzedakah can divert the excess amount when needed, even if the collection was for a specified, named individual, since the money is donated at his discretion.” (Shach Y.D. 256:7; Aruch Hashulchan Y.D. 253:13; Shevet Halevi 8:212; 9:204)

“Is there a case in which the excess money should be returned to the donors?” asked Mr. Goodman.

“When the money was not needed at all,” replied Rabbi Dayan, “such as money collected for a wedding that was cancelled. Ideally, the money should be returned to the donors; if difficult to do, it should be used for a similar purpose of hachnassas kallah.” (See Y.D. 253:7; Tzedakah Umishpat 9:4-6)

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 “More Than Enough”

Comments are closed.

Current Top Story
Children are asleep at last as adults in the Chabad House continue to deal with the crisis in Nepal.
Chabad Co-Emissary in Nepal Hopes for ‘Only Good News’ in Video
Latest Judaism Stories
Torat-Hakehillah-logo-NEW

In her diary, Anne Frank wrote words that provided hope for a humanity faced with suffering.

Leff-042415

The Arizal taught this same approach, making the point that the Torah would never mention wicked people and their sins if there was not great depth involved from which we are to learn from.

Staum-042415

Humility is not achieved when all is well and life is peachy but rather when times are trying and challenging.

In order to be free of the negative consequences of violating a shvu’ah or a neder, the shvu’ah or neder themselves must be annulled.

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

He feared the people would have a change of heart and support Rechavam.

Ramifications Of A Printers Error
‘The Note Holder’s Burden of Proof’
(Kesubos 83b)

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

In this case one could reason that by applying halach achar harov we could permit the forbidden bird as well.

“What a way to spend a Sunday afternoon,” my husband remarked. “Well, baruch Hashem we are safe, there was no accident, and I’m sure there is a good reason for everything that happened to us,” I mused.

The answer to this question is based on one of the greatest shortcomings of man – self-limiting beliefs.

Myth that niddah=dirty stopped many women from accepting laws of family purity and must be shattered

In every generation is the challenge to purge the culture of our exile from our minds and our hearts

Rabbi Fohrman connects the metzora purification process with the korban pesach.

The day after Israel was declared a State, everyone recited Hallel and people danced in the streets.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

Business-Halacha-logo

“The problem is that the sum total is listed is $17,000. However, when you add the sums mentioned, it is clear that the total of $17,000 is an error. Thus, Mr. Broyer owes me $18,000, not $17,000.”

“The guiding principle regarding work terms is: hakol keminhag hamidina – everything in accordance with the common practice,” replied Rabbi Dayan.

“No, I can’t take more than $65,” protested Mrs. Fleisher. “You may not owe me more than that.”

“If I notify people, nobody will buy the matzos!” exclaimed Mr. Mandel. “Once the halachic advisory panel ruled leniently, why can’t I sell the matzos regularly?”

“Do we have to donate again?” some people asked. “Is it fair that we should have to pay twice?”

“This sounds like a question for Rabbi Dayan,” said Mr. Cohen. He took out his cell phone and called Rabbi Dayan.

“We really appreciate your efforts in straightening the shul,” said Mr. Reiss. “How is it going?”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/more-than-enough/2014/04/14/

Scan this QR code to visit this page online: