DailyHalacha.com for Mobile Devices Now Available

Halacha is For Refuah Shelemah for
 Rahel bat Tziporrah
"may Ha-Shem always guard over you and may you have an uncomplicated surgery"

Dedicated By
her husband

Click Here to Sponsor Daily Halacha
      
(File size: 1022 KB)
Some Laws of Tzedaka (Charity)

If one makes a pledge in his mind to give a certain sum to charity, without ever verbalizing the pledge, does he become obligated to fulfill his promise?

The Rama (Rabbi Moshe Isserles, Poland, 1525-1572, author of glosses to the Shulchan Aruch), in the laws of Tzedaka (Yoreh Dei'a 258:13), first cites the view of the Mordechi (Rabbi Mordechai Ashkenazi, Germany, 1240-1298) that even a mental pledge constitutes a binding Neder (vow), and one must fulfill a pledge regardless of whether he verbalized it. By contrast, the Rosh (Rabbenu Asher Ben Yechiel, Germany-Spain, 1250-1327), in his responsa, held that one is not bound by a pledge unless he articulates it verbally. The Rama decides in favor of the first position, that of the Mordechi, requiring one to follow through on even mental pledges.

Halacha, however, follows the middle position, presented in the work "Dat Esh" (Siman 14), which distinguishes between entirely non-verbal pledges, and cases where only the amount of the pledge was not verbally specified. If a person verbally pledged to donate to a given cause, then even if the amount was specified only in his mind, and not verbally, he is nevertheless bound by his pledge to give the amount that he had decided upon in his mind. If, however, the pledge itself was never verbalized, then he is not bound by this pledge at all.

When one gives charity, should he afford preference to a needy Torah scholar, or to a Kohen? Kohanim are generally given preference over others with regard to Aliyot to the Torah and the like. Should they be given precedence over others when it comes to charity, as well?

Rabbi Moshe Feinstein (Russia-United States, 1895-1986), in his Iggerot Moshe (Orach Chayim, 2:34), writes that a Kohen is afforded precedence only in public contexts. Even if a certain Kohen is individually undeserving of distinction, the tribe of Kohanim does deserve respect and distinction, and therefore in public settings we give honor to the Kohen irrespective of his personal credentials. In private matters, however, such as in the distribution of charity, we weigh the Kohen's personal merits against those of the other needy individual, and therefore we award precedence to a Torah scholar over a Kohen who is not a Torah scholar.

Elsewhere in his Iggerot Moshe (Yoreh Dei'a, 4:57), Rabbi Feinstein addresses the question of whether one who makes a donation in a parent's memory should preferably donate to charity, to assist the poor, or to a Torah institution. Rabbi Feinstein rules that since "Talmud Torah Ke'neged Kulam" – the study of Torah is of equal importance to all other Mitzvot combined, it is preferable to honor one's parent's memory by supporting Torah education, rather than by donating to other worthy charitable causes.

Summary:
1) A non-verbal pledge is not binding; if, however, one articulated a pledge, then even if the specific sum was decided upon only in one's mind, he is bound to give that sum.
2) When donating charity, one should give precedence to a Torah scholar in need over a needy Kohen.
3) One who wishes to make a donation in a parent's memory should preferably donate towards a Torah institution, rather than to other worthy charitable causes.

 


Recent Daily Halachot...
Is It Permissible To Place Food Items Such As A Beverage Bottle Beneath The Table At A Meal
Is It Proper To Refer To Rabbis As Colleagues
Facing the Direction of Israel While Praying the Amidah
Is It Permissible For A Nursing Mother To Resume Nursing Her Baby After A Few Days Interruption
It It Permissible To Release A Person From A Debt On Shabbat Or Is It Considered A Prohibited Shabbat Transaction
Invoking the Merit of Rabbi Meir Ba'al Ha'ness During Times of Crisis
Is It Permissible to Have Elective Surgery
The Importance of Immediately Fulfilling One's Pledges
Earning Atonement Through Eating- A Seuda (Meal) Is Tantamount To A Mizbeach
Uttering a Name of God in a Restroom, Bathhouse or Mikveh
The Difference Between Rosh Hashanah and Yom Kippur; Crying on Rosh Hashanah
Rosh Hashana- "Simanim" on Rosh Hashanah, Sleeping and Eating The Ritual Foods
Is It Beneath A Rabbi's Dignity To Conduct Certain Tasks?
Beracha L'Vatala (Waste) and Preserving One's Dignity- Must a Wife Inform Her Husband of a Past Pregnancy to Avoid an Unnecessary Pidyon Ha'ben?
The Benefit Of Many Visiting The Sick In A Hospital; Cleaning a Patient's Room
Page of 239
3585 Halachot found