Shulchan Arukh Yoreh De'ah · Siman 258

Shulchan Arukh Yoreh De'ah 258 — English translation

Translation: Section on Charity, trans. Louis Feinberg. N.Y. School of Philanthropy, 1915. Section numbers match the Hebrew text above.

1. 1One may consecrate something to charity by "comparing" it to something already sacred, just as in vows. For example; if a Sela belonging to charity lies before him and he says with reference to another Sela, "Let that one be like this one," that one becomes a contribution to charity.
2. 2If he separates a Sela and says, "Let this become charity," and then adds, referring to another, "and this," the second likewise becomes charity.
3. 3He who vowed to give charity but does not know how much he vowed, should give and give until he feels certain that he did not intend to give that much.
4. 4If one says, "Give two hundred Zuz, or a Scroll of the Law, to the Synagogue [on my account]," they should give it to the synagogue in which he usually worships in the city in which he dwells. RMI.—And if he frequents two, the money should be divided between them. If one donates illuminating oil [without specifying] it should go to the synagogue rather than the House of Study.
5. 5If one says, "Give [these] two hundred Zuz to the poor," the money should be given to the poor of the city in which he dwells. RMI.—Only when there is no reason to assume otherwise. But where we know that he did not intend it for the poor of that city only, as in places where wealthy people leave vast sums at the time of death to be distributed among various Charities, we follow the custom of the place even when it is not so specified in the will; and the heirs distribute the money as they deem best, even to charities of other cities. And even if the money is deposited with another at the time of the donor's death, it is returned to the heirs and they are informed of the manner of the bequest.
6. 6He who makes a vow to give charity cannot retract, unless he turns to a Rabbi and obtains a release; but, after the money reaches the Gabbai, he cannot apply for a release.
7. 7A man cannot hallow anything not in his possession. For example: If A deposited something with B, and B denies that it belongs to A, then A cannot hallow it. But if B does not deny it, then it is considered in A's possession, no matter where A may be. This refers only to chattel property. But if B robs A of a piece of land and denies that it belongs to A, then if A can recover it by law, he may hallow it even before it is recovered; for the principle is that real estate always continues in the possession of the true owner. If one robs another of some object and the owner does not yet despair of recovering it, neither can hallow it,—the one because it is not his, and the other because it is not in his possession. And so on.
8. 8If A owes B a debt, and B says, "Let it become hallowed," or, "Let it go to charity," it does not take effect. But if he says, "When I shall get the money which A owes me, I shall hallow it or give it to charity," he must fulfil his promise when the money reaches him. Even if he says, "Let the debt which A owes me go to charity," if only the debtor and the Gabbai are present, or the leaders of the community (or a highly respected scholar in the community), the Gabbai comes into possession of it by virtue of the fact that three are present, and he cannot retract or change his word.
9. 9If A strikes B or insults him (for which according to the community ordinances A must pay five gold-pieces) and he says, in the presence of the Gabbai or the leading members of the community, "I want my fine to go to charity," and then they make peace, so that B forgives A, this does not affect what preceded, and the poor are not deprived of A's fine.
10. 10If one makes his vow to charity depend upon a condition, as, for example, "If I do this and that, I shall give so and so much to charity," he must pay it, if he fulfils the condition.
11. 11If a man and his wife solemnly vow to divorce and fix a fine upon themselves, and finally they decide not to divorce, some are of the opinion that they are exempt from paying the fine.
12. 12If one promises to give another a gift, and that other happens to be a dependent poor man, it is as if he had made a vow to charity which he cannot retract.
13. 13If one says, "I give this object to charity at such and such a value," and it is found to be worth more, he cannot retract (for whenever charity can be the gainer because of a word, we say "a word" is as binding in sacred matters as actual transfer in lay matters). But if the object was not worth more at the time and later increased in value, he may retract as long as the money is not yet transferred. RMI.—If he promises in his mind to give anything to charity, he is obliged to fulfil his thought and no speech is necessary, except that when he expresses it verbally we can compel him to fulfil his promise.

License: Public Domain