Questions from a Gabbai Tzedaka

  • Living The Halachic Process
  • Part 2
  • Rabbi Daniel Mann
Question:
As a gabbai who deals with various tzedaka collections, a few questions have arisen regarding changes in the recipients:
May one who intended to give to a certain institution but put the money in the wrong box take out the money and give it to the intended recipient?
2. Money was collected for a certain cause (e.g., pre-Pesach food baskets [Maot Chittim] for Russian Jews) but was not distributed on time. Can it be used for other needs, or do you have to find a way to return it to the donors?
3. What happens if an institution put out a tzedaka box but never came to pick it up?
Answer:

Indeed, a gabbai tzedaka deserves much credit even if for all the complications that arise. We will deal with each question separately, although there are some unifying concepts.
There are two elements that make a donation binding: One involves the explicit or implicit neder (oath) to give tzedaka. The other involves the acquisition (kinyan) of the donation by or on behalf of the recipient(s). Each element has rules as to when it is binding and when a mistake renders the donation void. The Shulchan Aruch[1] rules that one may not back out of a donation, even with sh’eila,[2] once it reaches the hands of the gabbai. There is a critical question as to whether and when a tzedaka box is considered like the hands of the gabbai.[3] However, if the money was placed in the box because of a full-fledged mistake, the rules of kinyan b’taut (acquisition based on a mistake) apply, and the money may be removed and put in the intended place without problem.[4] Tzedaka is not like hekdesh,[5] and the money does not have intrinsic kedusha.[6] Therefore, it does not matter if one takes the same coins or bills he put in or different ones.
Assuming that we are talking about the same group of needy people or that the group was never clearly defined, there is no problem giving the money for similar needs. Although we find that money collected for a Purim seuda should not be switched to other purposes,[7] this halacha is interpreted by most poskim as an exception, not the rule. Certainly, when the money will be used by the same pool of poor people under similar circumstances, the gabbai may make the changes as needed.[8] If the need totally disappears, the money should be given to other recipients, preferably with comparable needs.[9]
When receiving tzedaka boxes from people and institutions, it is best to stipulate that you are planning to give the proceeds to them exclusively only if they return within a set amount of time. Even if you did not make such a stipulation, if you cannot track down the recipient, you, as gabbai, are not required to watch the money indefinitely and may transfer it to other charities of that type. If you had put in your own money without a stipulation, you should preferably do sh’eila.[10]

** Notes:
[1]
Yoreh Deah 258:6.

[2]
The tzedaka equivalent of hatarat nedarim, in which one professes regret about having made the oath and thereby uproots it with the help of an assembled court.

[3]
See discussion in Tzedaka U’Mishpat 8:(25).

[4]
Ibid.

[5]
Property consecrated to the Holy Temple and its service.

[6]
Rama, Yoreh Deah 259:1.

[7]
Shulchan Aruch, Orach Chayim 694:2.

[8]
See Nikdash B’Tzedaka 342.

[9]
See Tzedaka U’Mishpat op. cit..; Tzitz Eliezer 16:29.

[10]
Ibid.

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