Parashas Tetzaveh 5784: Intriguing Questions and Answers
Q: In our home we have a tzedakah box dedicated to a certain yeshivah. Over time, it filled up with personal contributions that we donated, and with money raised by our children, who would go around collecting for this yeshiva. One day our regular cleaning help was unable to work and sent in a replacement instead. When we returned home, we were shocked to find that the tzedakah box had been stolen. Despite our efforts to locate the temporary cleaner, she had vanished without a trace. This left us with a dilemma. Is it our responsibility to reimburse the yeshiva for the amount that was stolen, or is the loss absorbed by the yeshiva itself?
A: To answer this question, we must first determine if the donations, despite not being physically delivered to the organization, are halachically deemed acquired by them. According to the Shach (Choshen Mishpat 200:7), citing the Tur and the Bach, it is established that a tzedakah box placed on someone else’s property is akin to the donations having been received; the property holder secures the funds for the organization as soon as they are deposited into the box. This view suggests the organization has ownership of the funds, and therefore, the loss may be their responsibility. However, the Nesivos Hamishpat (200:8) rules differently. He supports the position of the Yad Haramah, asserting that until the donations are in the direct possession of the intended recipient, they are not halachically regarded as ‘acquired.’ Accordingly, the money remains the donor’s property until it physically reaches the organization. The resolution of the question is therefore dependant on this machlokes. However, regardless of whether the funds are acquired by a specific person or organization, the situation must be regarded as an act of negligence due to the manner in which the box was carelessly left in an exposed location. In this case, it would seem that the donor is obligated to reimburse the yeshiva for the stolen funds. Having said that, it must be determined if the donor is a considered a halachic shomer for a specific beneficiary, or if he was simply entrusted with the safekeeping of money that does not have a designated recipient. There is a clear distinction between the two scenarios. Without being officially appointed as a shomer to distribute the funds, rather being just appointed to watch the money, no one is entitled to claim the money, as we find in the Shulchan Aruch (Siman 301:6). Therefore, there are no official recipients that can claim the money from him since he was not halachically appointed to distribute the money to them. This being the case, it can be argued that even if the donor (ba’al habayis) was negligent in his safekeeping of the money, there are no specific people that have a claim over the loss, so he is exempt from reimbursing the lost funds. Although he has no obligation toward his fellow man to return the funds, to clear his account with “Dinie Shamayim” there may be a doubt. To dispel this doubt, the person should return the estimated amount of money that he thinks was present in the box. In conclusion, the ba’al habayis is exempt from reimbursing the money based on the above. However, to avoid any question in shamayim, he should return the estimated amount of funds that he thinks was in the box. This halacha also applies if the money in question was maser money given to tzedakah, even if the money was stolen, he no longer has to reimburse his maser contribution.
May One Borrow Money from A Tzedakah Box
Q: We have many different tzedakah boxes at home. Sometimes we are short of small change when we want to tip delivery men, etc. Is it permissible to borrow money from tzedakah and return it later, or is the money already acquired by the organization, which means we would have to ask permission before borrowing money?
A: As previously mentioned, there is a machlokes whether money in a tzedakah box in one’s house is already acquired to the organization or not. If the funds are considered to be acquired by the organization already, taking money from the box means taking funds that do not belong to him. It is possible to reason logically that the recipient of the tzedakah appreciates that the ba’al habayis is safeguarding it for him and would be happy that he does as he needs while it is in his possession. However, this cannot be relied on by itself because as we mentioned some opinions hold that money in a tzedakah box is considered to have the same status as money that is in the hand of a gabbai tzedakah or recipient. According to the Shulchan Aruch Hilchos Tzedakah (259:1), if someone puts aside money for tzedakah, he may still use it as long as it was not given to the gabbai yet. Once the money was given to the gabbai, it is forbidden to use that money. The Pischei Teshuvah brings the Chamudei Daniel, saying that these days we are lenient, and Beis Din ruled that one may use this money because he will definitely replace it. This permission from the Beis Din is known as “Lev Beis Din Masneh”. According to this, it is permissible to borrow tzedakah money and return it later. The Chazon Ish is also of the opinion that we are lenient in this matter. However, there are poskim that argue that in this case, it is best for the person giving tzedakah to stipulate that the money given does not belong to the organization until the tzedakah box is actually given to them. Those who rely on this leniency also have another point to rely on. It is assumed that since many people give back more money than what was taken from the tzedakah box, the organization does not mind when people borrow money and then return more later. In conclusion, it is best to stipulate that money put in tzedakah boxes are not considered acquired by the organization until it is in their hands. In the event that someone did not stipulate this, there are leniencies to rely on, and he may still borrow and return money to the tzedakah box.
How Is It Permitted to Borrow Tzedakah Money and Then Return More
Q: Based on the above, how is there not an issue of ribbis when one returns more tzedakah money than the original amount taken?
A: Some poskim say there is no issue of ribbis as long as the money has not been given to the recipient yet. However, there are those who are stringent in this matter. One may rely on the lenient opinion, which maintains that the money is not considered to be acquired by the recipient, and therefore is not subject to ribbis, as it is in the owner’s possession the entire time.
May One Break a Bill Using Tzedakah Money
According to the opinion that the tzedakah in the box is considered to be acquired by the recipient/gabbai, it is still permitted to use the money to break a bill. This is because the recipient of the tzedakah does not have the zechus of choosing the bills and coins that he prefers. The ba’alhabayis can therefore use the money to exchange for his bills.
Can One Empty the Tzedakah Box to Make People Give More
Q: Sometimes a gabbai tzedakah will empty tzedakah boxes so that people will see they are empty and give more. Can this be done, or is this trickery?
A: The Gemara (Masechta Eruchin Daf 6) states that this may be done because it benefits the poor, as this may cause people to give more tzedakah. Therefore, it is not considered trickery.
What Should Be Done with Tzedakah Collected at A Shivah House When There Is No Identification
Q: It is common for people to place plates at a shivah house so that those coming to be Menachem Avel will donate to their cause. What should be done with the money raised if there is no phone number or identification, and no one claims the money?
A: As mentioned before, lechatchila tzedakah money in one’s house is considered to be acquired by the recipient even if it has not been picked up yet. However, in the case of a shivah house, there is room to be more lenient for several reasons: 1) There are those that argue on the above opinion about the status of the money. 2) There is no identification such as a phone number or name of organization. 3) No one came to claim it, and in some cases, the plate was not placed in the house with permission. Because of these reasons we are lenient, and the money can be used for any choice of tzedakah cause. Of course, the money cannot be used for anything else besides for tzedakah causes. See Shu”t Minchas Yitzchok volume 8:86.
When requesting a ride, the car door handle inadvertently broke when opening door
Q: I was waiting outside the yeshiva, hoping one of the married men could give me a ride to a talmid’s wedding. When someone stopped for me, I opened the door, and the handle broke off. Am I responsible for the repair cost?
A: The discussion for this answer only applies if the handle was in good condition. If it was loose, the one who opened the door is not responsible to pay. In this situation, we need to see if the rule about one being responsible for his physical damages applies. One can claim that this case can be dealt with leniently since this damage occurs through regular use of the car. In that case, the one who opened the door is exempt from paying. The Halacha L’maaseh however does not validate that claim, for 2 reasons: 1) One is exempt from paying if an animal, car, or object dies or breaks while it is being used. In this case the one opening the door did not use the car, he merely tried opening the door with the handle. 2) The leniency of one’s animal or car dying while using it normally only applies when borrowing the animal, car, or object. However, here he did not borrow the car at all. He asked for a ride and therefore he has to pay if the handle was connected strongly before and broke only because of his pull. This was also the opinion of Maran Hagaon Rabbi Yosef Shalom Elyashiv Zt”l.
Q&A with HaRav Neventhal Shlit”a and the Rosh Kollel
Shnayim Mikra Mistakes
Q: As I was going over the Parsha Shanayim Mikra I realized that I skipped an Aliyah. Can I just repeat what I skipped, or I must I read from the beginning until the end so it will be considered as if I read in order?
A: You must only repeat the Aliyah.
Q: I realized after reading the Parsha that I read a passuk with the wrong nekudah. Do I have to repeat it? If yes, does the entire Aliyah need to be repeated or just that passuk?
A: If the wrong nekuda changed the meaning of the word, only the passuk must be repeated.
Q: As I was going through Shnayim Mikra, I was not sure whether I was up to Shlishi or Revii. Can I continue with Revii?
A: This is paskened as a doubt in a d’Rabbanan. Therefore, you may continue from Revii. Although some may argue that this is worse as it is since one has a chazakah that he did not read that Aliyah, we still go with the above ruling in regards to questions in Shnayim Mikra.
Driving past a puddle of rain or dirt that splashes onto a passerby’s clothing
Q: While driving, my vehicle unintentionally splashed rainwater and dirt onto a passerby, resulting in damage to their clothing. Am I liable for covering the incurred damage costs?
A: In Halacha, the principle of “the damager should distance himself from causing damage” is found in Choshen Mishpat. Therefore, the outcome in this scenario hinges on whether the driver was driving at their usual speed, adhering to regular driving practices, and being as cautious as possible. If the driver were negligent, he would be liable to pay the damages. It is important to be mindful while driving near puddles to avoid splashing pedestrians to the best of our ability.
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