CHANGING TZEDAKAH [Tzedakah :changing]
Rabanan asked R. Shimon why he permits using goats of Rosh Chodesh for Yom Kipur. If they hold like R. Yehudah (that the goats atone for different things), they permit because Lev Beis Din stipulates. However, perhaps Rabanan hold like R. Meir, that all the goats atone for the same thing!
R. Yochanan had a tradition that Chachamim allow redeeming Tam lambs not needed for the Tamid (due to Lev Beis Din), and R. Shimon argues.
Bava Basra 8b (Beraisa): The Kupah (a Tzedakah collection) is every Erev Shabbos, for Aniyim of that city. The Tamchuy is daily, and it is for all Aniyim. A city may change the Tamchuy to be like the Kupah, or vice-versa, or use the money for anything they want.
(Abaye): Originally, Rabah would not sit on the mattresses of the synagogue, because they were bought with Tzedakah money. After he heard the Beraisa that permits changing the money to any other usage, he sat on them.
(Abaye): Originally, Rabah had two Tzedakah wallets, one for the poor of his city, and one for poor people from anywhere. After he heard Shmuel tell Rav Tachlifa bar Avdimi to have one wallet and to stipulate (with the givers that he will give to whoever comes), he also kept one wallet and stipulated.
(Rav Ashi): I do not need to stipulate. Anyone who gives, he gives on condition that I will distribute it like I see fit.
Erchin 6a (Beraisa): If one said 'this coin is for Tzedakah', he may change it before the Gabai (overseer of Tzedakah) received it, but not afterwards.
R. Yanai was a Gabai. He borrowed Tzedakah and repaid, to benefit the poor (so he could tell people that there is no Tzedakah for the poor, to induce them to give).
6b (Beraisa): If a Yisrael donated a candelabra or lamp to a Beis ha'Keneses, one may not change it.
Assumption (R. Chiya bar Aba): It is Asur even for a Mitzvah.
R. Ami: R. Yochanan permits changing it only for the sake of a Mitzvah, but not for Reshus. We learn this from R. Asi:
(R. Asi citing R. Yochanan): If a Nochri donated a candelabra or lamp to a Beis ha'Keneses, one may not change it as long as people mention the donor (for the Nochri will scream). Afterwards, it is permitted.
He cannot refer to changing it for Reshus. This is forbidden even if a Yisrael donated it! Rather, he refers to changing for a Mitzvah. This is forbidden if a Nochri donated, for he would scream. It is permitted if a Yisrael donated it.
Shazrak (a Nochri merchant) donated a lamp to Rav Yehudah's Beis ha'Keneses. Rachbah changed it, and Rava was upset. (Some say vice-versa. Some say the city leaders changed it, and Rachbah and Rava were upset.)
The one who changed it reasoned that it is permitted, for Shazrak is not often in the city, so we are not concerned lest he scream. The other opinion objected, lest Shazrak come on occasion.
Rambam (Hilchos Matanos Aniyim 9:7): People of a city may change the Kupah to be like the Tamchuy, or vice-versa, or change them to any need of the Tzibur, even if they did not stipulate when collecting. If there was a great Chacham in the region, and all collect with intent that he will distribute to Aniyim like he sees proper, he can change it to whatever the thinks the Tzibur needs.
Rosh (Bava Basra 1:29, citing R. Tam): They may change the money to anything, even Reshus (not a Mitzvah). He permitted to give Tzedakah money to guards of the city, for the money is given based on the will of the people of the city. Erchin 6a supports this. R. Ami taught that one may change for the sake of a Mitzvah, but not for Reshus. This is as long as people mention the donor. Afterwards, it is permitted even for Reshus. This is because one who donates to the Tzibur gives according to the will of the Tzibur. One who gives a coin for Tzedakah may not change it after the Gabai received it. We do not say so about giving it to the Tzibur. Even a Gabai may change it for a Mitzvah; he is forbidden to change it only for Reshus. Shazrak donated a lamp to the Beis ha'Keneses. Rachbah was upset that they changed it, only because the donor was a Nochri. Regarding a Yisrael, one may change it to a Mitzvah even after the Gabai received it. Do not say that matters of the Beis ha'Keneses are different, for they are a Tzibur and they can change even to Reshus, for in this case the Tzibur did not change it. The Gabai changed it.
Question (Rosh): Since he says that the Isur to change it after the Gabai received it is for Reshus, how can he say that before the Gabai received he may change it for Reshus? In Rosh Hashanah (6a) we say that "b'FIcha" alludes to Tzedakah. (It is a vow, and) one may not retract from it! Rather, before the Gabai received he may change it, i.e. borrow on condition to repay. After the Gabai received it he may not borrow it for Reshus even on condition to repay, but he may change it for a Mitzvah, even if he will not repay. Erchin 6a supports this. He borrows and repays.
Rosh: The Ri mi'Gash permits changing it only to a need of Aniyim, e.g. clothing, housing, lodging and burial. Even though the Tamchuy and Kupah are food, one can change them to other needs of Aniyim. One may not change them to matters not for Aniyim, for that is like stealing from the Aniyim.
Note: The Rosh above and below and many others explicitly say that the Kupah is money. Presumably, the Ri mi'Gash means that even the Kupah is for food. Bava Metzia 38a discusses selling food of the Tamchuy when there are no Aniyim. No one taught this about the Kupah!
Rosh: The Ri mi'Gash brings a proof from Shekalim 2:5. Mosar Aniyim (if money was collected for Aniyim, the excess above what is needed) goes to Aniyim. Mosar Shevuyim (excess money collected for redeeming captives) goes for captives. If money was collected for a particular Oni or captive, the excess goes to him. We cannot learn from the lamp given to the Beis ha'Keneses, for it is given to the Tzibur, and they may use it for beer to drink. Mattresses of a Beis ha'Keneses were changed to a Beis Medrash.
Piplulei Charifta (20): A Chacham asked why the Rif did not explain like Rashi, that the mattresses were bought from money of the Kupah. The Rif holds like the Ri mi'Gash, who forbids changing to Reshus!
Rosh: His proof from Shekalim is invalid. It does not refer to money of the Kupah. Rather, they happened to collect for a need of Aniyim, e.g. clothing, or many Aniyim came. This is like the case of captives, which was taught with it. Then, the excess goes for what or whom they collected for. When a city made a Kupah Stam, it is according to their will. They can change it like they desire, and collect again when needed for Aniyim of their city. 'Whatever they want' connotes like this. It is not needed to permit needs of Aniyim We already taught that they can convert a Tamchuy, which is for all Aniyim, to a Kupah, which is only for Aniyim of that city, or vice-versa, we know that changing to other Aniyim is not called Gezel. All the more so, one may change to another need of the same Aniyim! The Yerushalmi says that Mosar Aniyim (and Mosar Shevuyim) goes for the Aniyim (or captives), and we do not protest against the leaders, i.e. if they want to change. Therefore, R. Tam's opinion seems primary.
Shulchan Aruch (YD 256:4): People of the city may change the Kupah to the Tamchuy or vice-versa, or change them to any need of the Tzibur. This is even if they did not stipulate when they collected.
Beis Yosef (DH u'Mah she'Chosav u'Resha'in): R. Yerucham says that the Gabaim cannot change the Kupah to the Tamchuy or vice-versa without permission of the leaders. However, they can make them a joint fund.
Beis Yosef (DH u'Mah she'Chosav b'Shem): The Ramban and Ran cite R. Tam, and say that the Rif agrees. The Mordechai says so in the name of the Ri, but he concludes that nowadays that we use Tzedakah for all needs of Aniyim, Lev Beis Din stipulates that when the city gives Tzedakah, it is on condition that the Gabayim can do what they want with it.
Beis Yosef (DH ul'Zeh): The Tur, Ramban, Rabbeinu Meir mi'Rottenberg, Semag and Semak all say that the Tzibur can change even to Reshus, unlike Ri ha'Levi.
Bach (2, citing Semak 248): R. Tam says that nowadays, we vow Tzedakah based on our own intent. We are like Gizbarim (treasurers of Hekdesh). If we wait until worthy Aniyim come, there is no Isur of delaying giving Tzedakah. A Gabai who received Tzedakah may not change it without permission of the people of the city, but they can change it even to Reshus, for Lev Beis Din stipulates. This is the custom.
Shach (7): They may change even to Reshus. This is only for a regular matter, and if they lack they will collect again, but if they happened to collect for a need of Aniyim, e.g. clothing, or many Aniyim came, they may not change it for something else, not even for other Aniyim. However, it seems that even in this case they may change it to redeem captives.
Gra (8): Rav Ashi did not need to stipulate, and all the more so the Tzibur themselves can change it (even if they did not stipulate).
Shulchan Aruch (ibid): If there was a great Chacham in the region, and everyone collects with intent that he will distribute to Aniyim like he sees proper, he can change it to any need of the Tzibur.