By Rabbi Meir Orlian | |||
#105 |
Achrei - Kedoshim |
4.05.2012 |
שא |
Q: I collected $500 for tzedakah and the money got lost. Must I pay this from my own pocket?
A: The Gemara (B.M. 56a) derives that a guardian is not responsible for property consecrated to the Temple (hekdesh). But donations to a shul, Torah institution or other charity organization are not included in this exemption; a guardian of money earmarked for these causes carries responsibility like any other guardian (C.M. 95:1; 301:1; Nesivos 301:6).
Therefore, if the money was lost through negligence, you are responsible. If you received payment for your efforts, such as a paid gabbai tzedakah or fundraiser, you could be responsible even for theft or loss in the mail (see Noda BiYehudah C.M. II:54; Ketzos 72:5).
However, if the money was not designated for a specific institution or organization, but was generic “tzedakah,” it is considered as money that has no claimant. Therefore, you cannot be made to pay. However, you still have a personal, moral responsibility to pay if you were negligent and are in a financial position to cover the loss (301:6; Pischei Teshuvah 301:6; Tzedakah U’mishpat 10:[20]).