Tiferes Torah Synagogue embarked on a sefer Torah campaign among its members.
“I’d like to donate the atzei chaim, the poles of the sefer Torah, in memory of my father,” said Mr. Fine to the gabbai.
“The poles cost $1,000,” replied the gabbai. “We’ll notify you when the writing nears completion.”
Toward the end of the writing, a new member of the community approached the gabbai. “I’d like to donate $5,000 to the sefer Torah campaign,” he said.
“That’s very generous of you,” said the gabbai, “but we’ve pretty much covered the cost of the sefer Torah.”
“That’s fine,” said the donor. “Let the money go for associated costs, like the crown, atzei chaim, yad (pointer), the mantles for Shabbos and Yamim Nora’im, etc.”
The time for the hachnasas sefer Torah was rapidly approaching, but Mr. Fine still hadn’t heard from the gabbai about the money for the atzei chaim. He inquired about the matter.
“Oh, I apologize,” said the gabbai. “Toward the end of the campaign, someone made a large donation that covered all the remaining costs.”
“But I wanted to donate the atzei chaim,” said Mr. Fine. “They are in memory of my father, z”l.”
“I told the other donor that the atzei chaim would be included in his donation,” said the gabbai. “I’ll have to work it out with him.”
“I’m not sure if there’s really a point,” said Mr. Fine, “if the entire cost was already covered. Give me a day to consider.”
Meanwhile, a nearby shul where Mr. Fine davened occasionally also began a sefer Torah campaign.
“Maybe I’ll transfer my donation of the atzei chaim to the other shul,” suggested Mr. Fine to his wife.
“Are you allowed to do that?” asked Mrs. Fine. “You pledged the atzei chaim to Tiferes Torah.”
“What’s the big deal?” he replied. “I pledged atzei chaim. What difference does it make whether I give them to this shul or that?”
“I don’t know,” replied Mrs. Fine, “but give Rabbi Dayan a call.”
Mr. Fine called Rabbi Dayan. “If I pledged atzei chaim in Tiferes Torah and someone else already donated money to cover them, can I transfer the pledge to another shul?”
“There is significant discussion whether a person who donated toward a certain cause can transfer his donation to another cause,” answered Rabbi Dayan. “However, in this case, it is permissible to donate the atzei chaim to the other shul.”
“Why is that?” asked Mr. Fine.
“A pledge to a specified needy charity, according to many opinions, is binding with a verbal commitment alone,” explained Rabbi Dayan. “There is a further dispute regarding a donation to a shul. Some consider it tantamount to a charity pledge. They apply the rule of amiraso lagavohah kimesiraso lahedyot, a verbal pledge is like handing over (Y.D. 259:1-2; C.M. 125:5).
“Others disagree with the analogy to charity,” continued Rabbi Dayan. “As the shul is a communal enterprise, we do not view it as needy, since the community as a whole is not needy. You may need hataras nedarim, though, to relieve you of your personal commitment to Tiferes Torah (see Tzedakah U’mishpat 9:[82]; Minchas Yitzchak 4:29).”
“If some consider it tantamount to a charity pledge,” asked Mr. Fine, “why do you say that here it is permissible to transfer the donation?”
“There is a clear assumption (umdena) here that you pledged the atzei chaim with the intention that they should be used only with the sefer Torah,” answered Rabbi Dayan. “Once the community accepted the larger donation of the other person for the atzei chaim, you had no intention of donating under such conditions. Furthermore, the community seemingly is willing to forgo your donation. Therefore, you can give the atzei chaim to another shul (based on Shevet Halevi 5:145).
“There is an additional factor to consider,” concluded Rabbi Dayan. “There is an opinion that shuls of the same community, which are shared by the city’s townspeople, are considered a similar entity, not a transfer (Mahari Hakohen, Y.D. #47).”