web analytics
July 29, 2015 / 13 Av, 5775
At a Glance
Judaism
Sponsored Post


Pledge Transfer

Business-Halacha-logo

Tiferes Torah Synagogue needed a new Sefer Torah and embarked on a Sefer Torah campaign among its members.

“I’d like to donate the atzei chaim, the poles of the Sefer Torah, in memory of my father,” said Mr. Fine to the gabbai. “How much will that that cost?”

“The poles cost $1,000,” replied the gabbai. “We’ll notify you when the writing nears completion.”

The campaign ran successfully and almost all the necessary money was raised. Toward the end of the writing, a new member of the community approached the gabbai. “I’d like to make a $5,000 donation toward the Sefer Torah campaign,” he said.

“That’s very generous of you,” said the gabbai, “but we’ve pretty much covered the cost of the Sefer Torah.”

“That’s fine,” said the donor. “Let the money go for associated costs, like the crown, atzei chaim, yad (pointer), the mantles for Shabbos and Yamim Noraim, etc.”

“Sure, we’re happy to accept your donation,” said the gabbai.

The time was approaching for the hachnasat Sefer Torah, and Mr. Fine still hadn’t heard from the gabbai about the money for the atzei chaim. He approached the gabbai and inquired about the matter. “Oh, I apologize,” said the gabbai. “Toward the end of the campaign someone made a large donation that covered all the remaining costs.”

“But I wanted to donate the atzei chaim,” said Mr. Fine. “They are supposed to be in memory of my father zt”l.”

“I already told the other donor that the atzei chaim would be included in his donation,” said the gabbai. “You have priority, though. I’ll have to work it out with him.”

“I’m not sure if there’s really a point now,” said Mr. Fine, “if the entire cost was already covered. Give me a day to consider.”

Meanwhile, another shul nearby, in which Mr. Fine davened occasionally, had also begun a Sefer Torah campaign.

“Maybe you should transfer your donation of the atzei chaim to the other shul,” suggested his wife. “It seems they really need the money more there.”

“I’m not sure if I can do that,” replied Mr. Fine. “I did pledge the atzei chaim to Tiferes Torah.”

“What’s the big deal?” asked his wife. “You made a pledge to donate atzei chaim. What difference does it make whether you give them to this shul or that?”

“Don’t you think that once I made the pledge I’m committed to Tiferes Torah?” asked Mr. Fine.

“I don’t know,” replied Mrs. Fine. “You can give Rabbi Dayan a call, though.”

“That’s a wise idea,” said Mr. Fine.

Mr. Fine called Rabbi Dayan. “If I pledged to donate atzei chaim in Tiferes Torah and someone else already donated money to cover them, can I transfer the pledge to another shul?”

“There is significant discussion as to whether a person who donated toward a certain cause can redirect his donation to another cause,” answered Rabbi Dayan. “However, in this case, it is permissible to donate the atzei chaim to the other shul.”

“Why is that?” asked Mr. Fine.

“There is a dispute about whether to view a donation to a shul as a pledge to a specified charity, which is binding with a verbal commitment alone,” explained Rabbi Dayan. “Many consider it tantamount to a charity pledge, which cannot be transferred. They apply the rule of amiraso lagavoha kimsiraso lahedyot.” (Y.D. 259:1-2; C.M. 125:5)

“Others disagree to the analogy of charity,” continued Rabbi Dayan. “Since the shul is a communal enterprise, we do not view the shul as needy, since the community as a whole has money. There may be need for hataras nedarim, though, to relieve you of your personal commitment.” (See Tzedakah U’Mishpat 9:82; Minchas Yitzchak 4:29)

“If there is a dispute on the matter, why did you suggest that here it is permissible to transfer the donation?”

“There is a clear assumption (umdana) here that you pledged the atzei chaim only with the intention that they should be used with the Sefer Torah,” answered Rabbi Dayan. “Once the community accepted the larger donation of the other person for the atzei chaim, you had no intention of donating under such intentions. Furthermore, the community seemingly is willing to forgo the donation. Therefore, you can give the atzei chaim to another shul.” (Based on Shevet Halevi 5:145)

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 “Pledge Transfer”

Comments are closed.

Current Top Story
The White House will free Pollard but bar him form traveling to Israel for five years.
US Won’t Let Pollard Out of Country for Five Years
Latest Judaism Stories
Moses and the Ten Commandments,

The 10 Statements main point was not content but the encounter between G-d & His nation, Israel

Torat-Hakehillah-logo-NEW

Before going in, I had told R’ Nachum all of the things we were doing in Philly, and how it was very important to receive a good bracha on behalf of our newest venture, a Russian Kollel.

Q-A-Klass-logo

Question: When a stranger approaches a congregant in shul asking for tzedakah, should the congregant verify that the person’s need is genuine? Furthermore, what constitutes tzedakah? Is a donation to a synagogue, yeshiva, or hospital considered tzedakah?

Zvi Kirschner
(Via E-Mail)

(JNi.media) Tisha B’Av (Heb: 9th of the month of Av) is a fast day according to rabbinic law and tradition, commemorating the destruction of the First Temple in 586 BCE by the army of Nebuchadnezzar, king of Babylon, and the destruction of the Second Temple in the year 70 CE by the Roman army led […]

Devarim often parallels the stories in Bereishit but in reverse & can be considered as a corrective

‘Older’ By A Month
‘…Until The Beginning Of Adar’
(Nedarim 63a)

We realize how much we miss something only after it’s gone.

Because the words of Torah gladden the heart, studying Torah is forbidden when Tisha B’Av is on a weekday, except for passages in Scripture that deal with the destruction of the Temple and other calamities.

On Super Bowl Sunday itself, life seems to stop. Over one hundred million people watch the game. About half of the households in the country show it in their living rooms and dens.

Moses begins Sefer Devarim reviewing much of the 40 years in the desert & why he can’t enter Israel

While they are definitely special occurrences, why are they cause for a new holiday?

Torah wasn’t given to be kept in Sinai; Brooklyn or Beverly Hills-It was meant to be kept in Israel!

“When a king dies his power ends; when a prophet dies his influence begins” & their words echo today

In addition to the restrictions of Tisha B’Av, there are several restrictions that one may not perform during the week that Tisha B’Av falls in.

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

The two decided to approach Rabbi Dayan. “What is the halachic status of conquered territory?” asked Shalom.

Business-Halacha-NEW

“Does that mean a person can simply renege after payment was made?” asked Benjy incredulously.

“But I’m already dwelling in the apartment,” said Mr. Gold. “Shouldn’t that count? I’m no worse than a neighbor!”

“Is there a difference between rescuing and other services?” asked Ploni.

“What difference does that make?” replied Shraga. “What counts is the agreement that we made. I said two hundred fifty and you accepted.”

“Is the invoice signed by the students?” asked the principal. “They said they didn’t get the pizza.”

“The answer depends on the terms of the purchase agreement and local customs,” replied Rabbi Dayan.

“I wasn’t really thinking,” replied Levi. “Things in the backyard usually don’t need watching. I also didn’t expect you to be away so long. One thing is clear, though: I never accepted responsibility for the cake.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/pledge-transfer/2013/07/17/

Scan this QR code to visit this page online: