YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
- Jewish Laws and Thoughts
- Middot - Character Traits
- Charity and Lending Money
Answer: Your question is general, as will be the focus of our answer. Realize that details can make a big difference.
Pledges of a gift can obligate on various tracks. One follows rules of monetary laws: Only after a kinyan (act of finalization) to obligate himself or transfer an item can the gift be enforced. However, if one asserts that he will give his friend a modest present, he has a halachically recognized moral obligation to do so (Bava Metzia 49a). When the intended recipient is poor, the moral obligation exists even for a significant present (Rama, Choshen Mishpat 243:2). In that case, the basis of the moral obligation is "religious," under the laws of oaths (nedarim) (Yerushalmi, Bava Metzia 4:2; Shut Harama 47). Indeed the idea of nidrei tzedaka is derived (Nedarim 7a) from a pasuk on oaths (Devarim 23:24). Jewish schools that promote Torah values and observance are considered a proper recipient of tzedaka funds (see our article of Va’eira 80).
Each element has rules as to when it applies and why a pledge might not be binding. When one becomes obligated based on neder, he can often (see one of the exceptions in Shulchan Aruch, Yoreh Deah 228:21) remove the neder with hatarat nedarim – he professes regret about having made the oath, and the assembled "court" can uproot it. The neder part of a pledge to tzedaka can similarly be undone (Shulchan Aruch, Yoreh Deah 258:6); the process is called sh’eila. However, the fact that this neder is for the direct benefit of the worthy recipient, and thus backing out erases his rights, impacts in a few ways. For one, once the donation reaches the gabbai, the pledge cannot be undone (ibid. see Arachin 6a). This largely parallels the rules of kinyan, as the gabbai is considered "the hands of the poor" (see Tosafot ad loc.; Bava Kama 36b). Also, while she’ila can work if done, poskim warn not to agree to nullify the pledge (Shut Haradbaz IV:134; Pitchei Teshuva, YD 258:8). However, this idea does not totally shut the door to undoing the vow. In the parallel discussion of nidrei hekdesh, the Shulchan Aruch and Rama (YD 203:4) say that one should do hatarat nedarim only in the case of dochak (roughly, pressure or difficulty). Therefore, for example, if a rich person pledged a large donation and before giving it, he lost his wealth to the point that it is not feasible to follow through, there are grounds for sh’eila.
Another scenario in which a pledge does not have to be fulfilled is when it was based on a mistake (ta’ut or shegaga). The concept that ta’ut nullifies obligations/agreements applies both to monetary matters and to nedarim (see Shulchan Aruch, YD 232:6). In such cases, hatara is not even necessary. It is not always clear when the mistake is definite or significant enough to void the obligations. One of the cases in the Rama (ibid.) is a slip of the tongue regarding currency (e.g., stated $1,000 when he meant 1,000 NIS). The Chatam Sofer (Shut YD 237) talks about a more subtle case – the donor thought the recipient’s needs were well beyond their true level. The Shvut Yaakov (I:72) discusses one who promised to support a group of ostensibly righteous Torah learners, and it turned out that that many of them were far from righteous. He demonstrates that in principle this is a ta’ut, but in practice one should be cautious before reneging. The two latter sources both suggested being on the safe side by doing hatara even in cases in which they should not need it. Tzedaka U’mishpat 4:76 discusses at length cases of ongoing commitments in which over time things changed for the recipient (e.g., became rich, died) that change the rationale for the donation.
In summary, a pledge to a Jewish school is generally binding, but practically there may be reasons why it is not. In an actual case, one should carefully discuss the specific merits with a rabbi who can help put the facts and the halacha in proper perspective.
Bemare Habazak - Rabbis Questions (652)
Rabbi Daniel Mann
407 - Trapping and Releasing on Shabbat
408 - Backing Out of a Pledge to a Jewish School
409 - 100 Blasts for the Homebound
Load More
Army and War "If Haredim Should Serve in the IDF, So Should You"
IDF Service for Young Jewish Men from America
Rabbis in Midrash
Lessons
fast navigation
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
