Print this Article
What to Do with Leftover Tzedakka Funds / By Rabbi Yoel Y. Moore
Purim is regarded by many charities, and individuals in need of assistance, as the most opportune time to raise funds for Tzeddaka. Organizations count on this season as everyone appropriates their Mahatzit HaShekel and Matanot La’Evyonim, and distribute them to the poor and various other causes. The giving isn’t over just yet, as we gear ourselves towards Pessah and the distribution of Kimha D’Pissha…
One possible scenario that is discussed in Halacha is the fortunate event in which one is able to raise more funds for a specific cause than are actually needed. For example, if one were to collect on behalf of an acquaintance who is in need of an expensive medical operation, and the community responds generously, giving more than the total cost of the operation. The question now becomes what to do with the remaining funds.
General vs. Particular Purpose
The Mishna in Shekalim[1] states that any leftover funds from a collection on behalf of needy persons – even if they were intended for a particular purpose, such as clothing donations – are to be used for the needs of other poor people.
The reason for this is that the original collection was made on behalf of the needy in general. All funds collected must then be used for this general purpose. Those needy persons who have already benefited from the funds do not have a greater entitlement to the surplus than any other poor people.
However, if funds were collected on behalf of a specific needy person, that poor person is entitled to any surplus. If that needy person is no longer alive, his heirs receive the money. Accordingly, in our example, because those who donated money had a specific needy person in mind, that person would be entitled to all of the money. This indeed is the ruling of Maran in the Shulhan Aruch[2].
No Need
What if the funds were never used for their intended purpose, because it became irrelevant (e.g. the operation was no longer necessary)? The Yerushalmi in Shekalim[3] discusses a case where funds were collected to pay for the funeral of a deceased person who was thought to have passed away destitute. He was later found to have left an adequate sum to pay for his burial. What should be done with the money?
The Yerushalmi rules that the money should be returned to the donors. Since the funds were never used for their original purpose, the deceased never acquired them. They do not form part of his estate for inheritance purposes. The Rosh in his Teshuvot[4] explains that funds which were collected for a specific purpose do not leave the donor’s possession until they are applied towards the intended purpose. Therefore, if this purpose was not acted upon, the money is considered to have never left the donor’s possession.
What happens if the donors cannot be located, or if locating them would entail great effort and expense? The Rosh rules that the funds must then be used for the public good, preferably for the same type of purpose for which they were originally collected. The Ga’on of Vilna[5] agrees with this ruling as well.
Change of Use
Were the funds to be collected on behalf of a specific needy person, is one is permitted to use the surplus for a different purpose? The Yerushalmi states that those who are recognized charity trustees (Gaba’im) are permitted to divert the surplus funds to other public needs at their discretion. For example, if funds were collected to redeem captives, the remaining funds may be used for the needs of the poor, if the charity trustees deem it proper.
The reason is, that those who deposit charitable funds with a recognized charity trustee are assumed to allow him flexibility with regards to the appropriation of the funds[6]. This ruling is also quoted by the Shulhan Aruch[7]. However, one who is not an established charity trustee but has just decided to take the initiative and raise funds on his own for a specific cause, does not have such permission. In such a case, the collector must give any surplus to the individual on whose behalf he made the collection, this being the intention of the donors.
Accordingly, in our example, if the one raising the funds is an established charity trustee, he may use any surplus to cover the medical expenses of other needy persons. If he does not hold such a position, then the remaining sum must be given to the person on whose behalf he collected the money.
[1] פ”ב מ”ה
[2] יו”ד סי’ רנג ס”ו
[3] שם
[4] כלל לב, סי’ ו’
[5] שם אות י”ד
[6] רא”ש שם
[7] שם, ועי’ בפיה”מ להרמב”ם על המשנה בשקלים הנ”ל