Parshas Vayishlach 5786 – Intriguing Questions & Answers
May One Take Torah Pamphlets on Shabbos with the Intention of Paying After Shabbos?
Q: In the neighborhood shul, a weekly pamphlet of Torah articles is sold for a few shekalim. The distributor of these pamphlets has said that he is happy for people to take a copy on credit, provided they assume responsibility to pay afterward. Often, some copies remain unsold on Shabbos, and the question that arises is: May one take a pamphlet on Shabbos with the intention of paying after Shabbos, or would this constitute an act prohibited as mekach u’memkar (commerce) on Shabbos?
A: The Shulchan Aruch (Orach Chaim 323) rules that one may take what they need for Shabbos from a shopkeeper on Shabbos, provided no mention is made of specific measures, quantities, or prices, as detailed in the halachos there. However, the question here is whether this leniency applies exclusively to food and drink which is for oneg Shabbos, or whether it extends to other Shabbos needs as well—such as our case, where one wishes to take a Torah pamphlet in order to read it on Shabbos.
We must further consider: Since the distributor permits taking the pamphlet on credit during the week, taking it on credit on Shabbos is no different from weekday procedure. If so, there may be no change from ordinary weekday commerce, which would render it forbidden due to mekach u’memkar, even for the sake of Shabbos.
Additionally, even if we assume that taking the pamphlet itself poses no prohibition, one must be careful to intend not to acquire ownership until after Shabbos, for it is forbidden to make a halachic kinyan on Shabbos.
In light of the above, many prominent contemporary poskim have ruled that it is permissible to take the pamphlet on Shabbos and pay afterward. Some have added that since most distributors never allow their material to be taken on credit, doing so is not generally considered the normal manner of purchase—even if this particular distributor grants permission. Accordingly, there is no concern of engaging in weekday-like commerce.
The Rema (ibid. 323:4) writes: “Although it is forbidden to mention monetary amounts, this applies only when the price is not known. But when the value is known, merely telling him ‘give me this amount’ is permitted, provided he does not state the actual sum. And although some authorities are stringent in this regard, the custom in these lands has long been to be lenient, in accordance with the reasoning mentioned.” We thus see that even mentioning price may be permitted when the cost is fixed and known. Although the Mishnah Berurah (323:20) is stringent lechatchilah, we may nevertheless derive from the Rema’s ruling room for leniency in our case—where no mention of price is made at all—and there is therefore no concern of weekday-like conduct.
A Sefer Torah That Fell, And Was Later Found to Have Been Posul All Along
Q: An incident occurred in which a new Sefer Torah was brought into the beis midrash with great ceremony and rejoicing. During the dancing held in honor of the Torah, the Sefer Torah slipped and fell to the ground—immediately transforming the joyous atmosphere into one of shock and grief. However, when they began to read from the Torah, it was discovered that an entire line was missing from Parshas Bereishis. Accordingly, the Sefer Torah had never been kosher to begin with. The participants now wonder: Are they obligated to fast because the Sefer Torah fell; or, since it never possessed the kedushah of a kosher Sefer Torah, are they exempt, just as one does not fast when a Chumash falls to the ground?
A: The Noda BiYehudah (Mahadura Kama, Yoreh De’ah 71) addresses this question and rules that one must fast even for a posul Sefer Torah, just as one would for a kosher Sefer Torah. Similarly, Rav Chaim Palagi, in Teshuvos Chaim Sha’al (vol. 2, §11), discusses fasting for a fallen posul Sefer Torah. He writes: “Even though the Sifrei Torah in our possession may not be entirely kosher, and if this particular fallen Sefer Torah were examined it is possible that a disqualification would be found, nevertheless one may not be lenient regarding the fast. For concerning the laws of tearing one’s garment, the halachah applies even if one burns a Megillah, and therefore this Sefer Torah, even though it was posul, contains many Shemos and many valid parshiyos. As for what the Ramaz writes—to console the one from whose hands the Sefer Torah fell, that if a pesul is later found he might be somewhat comforted—this pertains only to softening the pain over the pegam to the Torah’s sanctity. But concerning the fast itself, there is absolutely no room for leniency, even with an invalid Sefer Torah.”
Likewise, the Maharsham (vol. 2, §113) writes: “With regard to a Sefer Torah that is not yet fully corrected and falls to the ground, Teshuvos Chaim Sha’al (vol. 1, siman 12) has already ruled that even for a posul Sefer Torah, one must fast—though the spiritual blemish is not as severe.”
The Shevet HaLevi (vol. 11, siman 13) adds: “With regard to an invalid Sefer Torah that has fallen, there are stringent views and lenient ones. At the very least, for those who merely witnessed the fall—and there is a double leniency of both only having witnessed and it is a posul Sefer Torah—there room to be lenient.” However, all of the above applies to a Sefer Torah that was once kosher and subsequently became posul. In our case, where the Sefer Torah was posul from the outset, the poskim agree that it never attained the kedushah of a Sefer Torah at all—and therefore there is no obligation to fast.
The author of Imrei Yaakov adds an important distinction: If this situation occurred with the letters that the Sofrim outline and intentionally leave unfilled at the end of V’Zos HaBerachah—so that participants at the Siyum Hachnasas Sefer Torah may fill them in—the poskim debate whether kedushah is already conferred or not. According to the view that the Sefer Torah is considered complete and consecrated at that stage, one should act stringently and fast if such a Sefer Torah fell.
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 is happy that the baal habayis is safeguarding it for him, and would be happy that he does as he needs, as long as it is by him. However, this cannot be relied on by itself because as we mentioned many 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
Based on the above, how is there not an issue of ribbis when one returns more tzedakah money than the original amount taken? 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 baal habayis can therefore use the money to exchange for his bills.
Can One Empty the Tzedakah Box to Make People Give More
Sometimes a gabbi tzedakah will empty tzedakah boxes so that people will see they are empty and give more. Can this be done, or is this trickery? 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
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?
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:
There are those that argue on the above opinion about the status of the money.
There is no identification such as a phone number or name of organization.
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.