Mr. Jacobs served as gabbai tzedaka for many years. He earned a reputation for integrity, and people entrusted him with their charity money to distribute as he saw fit.
In addition to the general tzedaka fund, Mr. Jacobs also collected for a local yeshiva and for Hatzalah. Every day he would place in shul three pushkas, each one clearly labeled. At the end of each month, he would count the money and deposit it.
One day, after counting the money, Mr. Jacobs headed to the bank. He hadn’t brought his attaché case, so he tied the money in a bag and stuffed it in his coat pocket. When he reached the bank, he suddenly realized that the money was gone!
“It must have fallen out along the way,” Mr. Jacobs thought. He retraced his steps, but could not find the money. He panicked. What would he do about the tzedaka money? There was about $1,000 of general tzedaka; old Mr. Katz alone had contributed two hundred in honor of his father’s yahrzeit. There was another $400 for the local yeshiva, and $300 for Hatzalah.
Mr. Jacobs came home with a glum look on his face. “What happened?” his wife asked. “You look terrible!”
Mr. Jacobs related what had happened. “First time this ever occurred,” he added.
“I’m sorry it happened,” said his wife, “but you know it’s not secure to keep money in your coat pocket.”
“I know. I usually put the money in my attaché case,” responded Mr. Jacobs, “but I didn’t have it today. It’s $1,700 down the drain.”
Mrs. Jacobs thought for a moment, and then asked, “Are you liable for the money? It’s going to be very hard for us to cover such a sum.”
“I was wondering the same,” answered Mr. Jacobs. “I was careless, but I do this as a volunteer; I don’t get anything for being gabbai. Furthermore, nobody’s keeping track except for Mr. Katz. He asks me every day if I distributed the money, but he’s the only one.”
“But you know that you lost the money,” retorted his wife, “and G-d knows!”
Mr. Jacobs called Rabbi Dayan and asked:
“Am I liable for the lost tzedaka?”
“You must pay the money that was collected for specific causes, namely the yeshiva and Hatzalah,” replied Rabbi Dayan. “On the other hand, nobody can claim the unspecified tzedaka from you, not even Mr. Katz, but you have a moral obligation towards G-d to make good to the poor.”
“A gabbai tzedaka is responsible for negligence like any other person who is entrusted with money. If he is paid for his services, he would be accountable also for theft. Nonetheless, the Shulchan Aruch (C.M. 301:6) writes that one who was negligent with unspecified tzedaka is “exempt,” since nobody can claim the money from him. The donors cannot claim the money, since they never expected the gabbai to return it to them. Each individual poor person also has no claim, since the gabbai can choose not to give the charity to him, but to a different needy person.
“If, however, the money was earmarked for specific people or organizations, they have a definite claim to the money, and the gabbai is liable to them if he was negligent.
“Later authorities comment that even when the money is not earmarked for anyone specific, the gabbai is only ‘exempt’ in the sense that nobody can sue him, neither the donor nor an individual poor person,” concluded Rabbi Dayan. “However, the gabbai has a personal obligation to G-d to fulfill his responsibility to the poor. His commitment to handle their money is no less a commitment than one who pledges to them (Pischei Teshuva 301:6). Therefore, he is expected to pay from his own pocket the entire sum that he was negligent about, to the best of his ability.”
Verdict: The gabbai tzedaka is liable for the money for specific causes and has a moral obligation regarding the unspecified tzedaka.
