Bais HaVaad on the Parsha, Parshas Bechukosai

The Gift of Gab

May 30, 2024

Excerpted and adapted from a shiur by Dayan Yosef Greenwald

Speak to the Bnai Yisrael and say to them: When a man will express a vow to Hashem regarding the valuation of souls…

Vayikra 27:2

The Gemara (Arachin 6a) says that a person who declares that he is giving a certain coin to tzedakah, with a particular target in mind, may switch to another recipient before he gives the coin to the gabbai tzedakah. But after the gabbai receives the coin, its designation may not be changed. Tosfos (ibid. 6b s.v. Ad) cites Rabeinu Baruch, who explains this to mean that the coin may even be used for a different mitzvah, so one who commits to giving tzedakah to the poor may decide to give that money instead to support a shul, mikveh, or Torah study before the funds are transferred to the gabbai. But he may not renege on his commitment.

The Ketzos (C.M. 212) observes that the Hagahos Maimonios (Hilchos Zchiyah Umatanah perek 11) appears to disagree, as he says that the principle of amiraso laGavo’a kimsiraso lehedyot (a mere declaration consecrating an item to hekdesh is as effective a transaction as handing it over to a person[1]) applies to tzedakah as well. So a verbal declaration would convey ownership to the tzedakah recipient, making a change impossible.

The Machanei Ephraim (Tzedakah siman 7) posits that there is no dispute between these Rishonim: If the money was not earmarked for a specific destination, no kinyan takes place, so the donor may change the destination before the gabbai acquires it on the recipient’s behalf (Rabeinu Baruch). But if it was earmarked, amiraso laGavo’a applies, and it must be given to the recipient (Hagahos Maimonios). Sefer Tzedakah Umishpat adopts the Machanei Ephraim’s view.

[1] This is based on the Rosh’s explanation (Nedarim perek 3) of this concept; others explain it differently.