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Is one allowed to borrow from the Tzeddaka box?
By Rav Yaakov Rappaport, Dayan for Bet HaVa’ad, South Bend, Indiana
The Cohens, just like the rest of us, have a plethora of Tzeddaka boxes in their house, from Yeshivas to Bikkur Holim and various other Tzeddaka organizations. One of these Tzeddaka boxes comes with a convenient plastic cover, which can be removed and put back on as needed. Often, when short on cash to pay the handyman, tip the delivery boy, or even to buy a small treat for their young son, the Cohens take some money from that Tzeddaka box, and place a note to remind them to pay it back. They always make sure to repay the money they borrowed, especially before the money has to be turned in to the organization. Is this permissible?
The Gabbai in the Home
The Gemara [1] writes that if a person donates a coin to Tzeddaka, he may exchange the coin, borrow it, or lend it to someone else. This is the opinion of Maran in the Shulhan Aruch[2], on the condition that the coin has not yet reached the hands of the Gabbai Tzeddaka (Tzeddaka trustee). However, once the coin has reached the hands of the Gabbai, one may no longer borrow this money without his permission. This is because reaching the hands of the Gabbai are the equivalent of the charity recipient which will ultimately acquire the money.
We must now determine: is a Tzeddaka box is in a person’s home considered as if it has already reached the hands of the Gabbai or not?
Generally, one can acquire an object if it is placed in or on a vessel that belongs to them. The Gemara [3] is inconclusive with regards to a case “kelav shel lokeah birshut mocher” — vessels of a buyer that are located in the domain of the seller. The Shulhan Aruch [4] rules that one cannot acquire a vessel in such a manner. This would seem to be similar to one who has a Tzeddaka box in his home, which arguably belongs to the Tzeddaka organization, and should therefore be a case of kelav shel lokeah birshut moocher – a buyer’s vessels attempting to acquire in the seller’s domain. As such, the Tzeddaka box cannot acquire the money on behalf of the recipients, as per the ruling of the Shulhan Aruch.
However, the Tur and the Rosh, cited in the S’ma[5], point out that despite the Shulhan Aruch’s ruling, since the Gemara itself is inconclusive, one must be stringent and treat such a case as if the object was acquired. Accordingly, one should not borrow from the Tzeddaka box, as it may be considered to have reached the Gabbai’s hands.
Still, there is a debate amongst the Rishonim [6] regarding a seller who gives permission to the buyer to place an object in his domain. Can the buyer acquire the object as if it were placed in his domain? The Ri MiGash holds that the discussion in the aforementioned Gemara is only in a case that the buyer did not get explicit permission to place his vessel in the home of the seller. But if he did, all opinions would concur that the vessel would be able to acquire the object on behalf of the buyer. Accordingly, the Tzeddaka box, which has been placed in a person’s home with their permission, would acquire the money placed inside it on behalf of the organization’s recipients.[7]
Hatzer HaMishtameret – A Guarded Courtyard
Even if we were to rule that a vessel taken with the permission of the seller cannot acquire something on his behalf – there may be another reason to consider the money in the Tzeddaka box as the property of the organization. It seems that we can consider this Tzeddaka box as a Hatzer HaMishtameret – a guarded courtyard – which is locked on all four sides and is inaccessible. The Halacha is that a guarded courtyard can acquire objects on behalf of its owner. Accordingly, this Tzeddaka box, would be able to acquire the money placed in it on behalf of the organization.
There is a dispute between the Bet Yitzhak and the Avne Hoshen in this matter. The Bet Yitzhak [8] is of the opinion that a Tzeddaka box, which is not locked, is not considered to be a guarded courtyard. This is because the very definition of a guarded courtyard is that it is inaccessible. If it can be unlocked by anyone then it is no longer considered to be guarded, and therefore has no special acquisition “powers”.
However, the Avne Hoshen rules that for a vessel to serve as a guarded courtyard it does not have to be guarded and completely inaccessible. Rather, as long as it has mehitzot (walls) it is like a reshut (domain) unto its own, which can acquire objects on behalf of its owner. Thus, borrowing money from an unlocked Tzeddaka box would depend on these two opinions.
The Heart of Bet Din
Nevertheless, there is room to be lenient with regards to this case, based on the concept of “lev bet din matne alehen” — a Bet Din can impose conditions on various Halachic transfers. The Pithe Teshuva [9] applies this concept to Tzeddaka as well, ruling that one gives Tzeddaka in a way that is accepted and normal. Since one can say that it’s normal for a person to borrow money from the Tzeddaka box in his home, there is good reason to be lenient and to allow one to do so, despite the aforementioned issues, as we would consider it is as if there was an explicit stipulation that the money may be used for borrowing purposes when necessary.
Conclusion:
It is preferable to avoid this entire issue and not borrow money from a Tzeddaka box in one’s home, unless an explicit condition is made. If a condition was not made, there is still room to allow borrowing. However, if the Tzeddaka box is in someone else’s house or in a shul, borrowing from it must definitely be avoided.
Sources:
[1] Arachin 6a [2] Y.D. 259:1 [3] Bava Batra 86b [4] H.M. 200:3 [5] ibid. s”k 9 [6] Shach ibid. s”k 7 [7] See Gittin 78a regarding placing a Get on a wife’s lap or vessel [8] O.H. 21 [9] Y.D. 259: 1