Mr. Goodman was the gabbai tzedakah of his shul. He was approached by one of the congregants, Mr. Solomon, who poured out his heart. He had suffered a serious financial setback, and had no remaining money to cover basic expenses and various loans that he had to repay.
“How much money do you need?” Mr. Goodman asked him.
“I need to raise $10,000 to cover basic expenses and repayment of loans,” replied Mr. Solomon.
“Please G-d, we will help you,” Mr. Goodman said. “I will send out a special appeal to the shul membership.”
“I ask that you not mention my name,” said Mr. Solomon. “I would not like my circumstances publicized.”
“Of course,” said Mr. Goodman. “The notice will simply state that we are collecting money for one of our community members who is in financial need.”
“I very much appreciate your help,” Mr. Solomon thanked him.
The community responded very generously to the special appeal. In two weeks Mr. Goodman was able to raise $15,000 for Mr. Solomon.
Meanwhile, before handing over the money, another person from the community approached Rabbi Goodman for support.
“I’ll try to help as much as we can,” said Mr. Goodman, “but we just made a special appeal for someone else, as you know. Let me see what other funds we have. I’ll be in touch with you in a day or two.”
After the person left, Mr. Goodman began wondering. “Mr. Solomon only asked for $10,000,” he thought to himself. “I wonder if I can give the excess $5,000 to this other individual? On the other hand, maybe I had no right to accept more than $10,000 for Mr. Solomon in the first place.”
Mr. Goodman called Rabbi Dayan and explained the situation. “What should I do with the excess $5,000?” he asked. “Should I give it to Mr. Solomon, use it for the other needy person or return it to the donors?”
“This issue depends on a number of factors,” replied Rabbi Dayan. “The Mishnah (Shekalim 2:5) teaches that excess collection for needy people goes to the needy people. Excess collection for a specific, needy individual goes to him. This Mishnah is cited in the Shulchan Aruch (Y.D. 253:6).”
“It’s simple, then,” said Mr. Goodman. “The extra money goes to Mr. Solomon.”
“It might seem simple, but it actually isn’t,” said Rabbi Dayan. “According to many authorities, this halachah depends on whether the donors were aware of the identity of the recipient and whether the collector was a regular gabbai tzedakah.”
“Why is that?” asked Mr. Goodman.
“When money is donated for a certain individual, the collector accepts it on his behalf,” explained Rabbi Dayan. “However, by rights, he should not acquire the excess amount. Nonetheless, the Talmud Yerushalmi states that Chazal granted it to him on account of the embarrassment he suffers through having his name publicized. Thus, when the collection was done anonymously, Mr. Solomon does not necessarily acquire the excess; the money can be used for a similar purpose and given to another needy family (Mishpetei HaTorah, Tzedakah #22).
“What difference does it make whether I am a regular gabbai tzedakah or not?” asked Mr. Goodman.
“When an ordinary person collects, the donor’s intent is for the current case,” explained Rabbi Dayan. “However when a regular gabbai tzedakah collects, the donor’s intent is that any excess money should be distributed at his discretion. Moreover, some authorities maintain that a regular gabbai tzedakah can divert the excess amount when needed, even if the collection was for a specified, named individual, since the money donated is to be used at his discretion” (Shach, Y.D. 256:7; Aruch Hashulchan, Y.D. 253:13; Shevet Halevi 8:212; 9:204).
“Is there a case in which the excess money should be returned to the donors?” asked Mr. Goodman.
“When the money was not needed at all,” replied Rabbi Dayan, “such as money collected for a wedding that was cancelled. Ideally, the money should be returned to the donors; if it’s difficult to do so, it should be used for a similar purpose of hachnasas kallah” (See Y.D. 253:7; Tzedakah Umishpat 9:4-6).