האומר סלע זו לצדקה או שאומר הרי עלי סלע לצדקה והפרישו עד שלא בא ליד הגבאי יכול לשנותו בין ללוותו לעצמו בין להלוותו לחבירו ויפרע אחר תחתיו: הגה וכן אם הקדיש כלים יכול למכרם לפני ג' בקיאים בשומא ונותן דמיהם לצדקה (ב"י בשם הגהות מרדכי דכתובות) : משבא ליד גבאי אסור ללוותו בין לו בין לאחר בין לגבאי ואם היה הנאה לעניים בעיכוב המעות ביד הגבאי כדי לעשות לאחרים ליתן הרי גבאי מותר ללוותם ולפרעם: הגה דאין הצדקה כהקדש ומותר ליהנות ממנה (טור) ואין נושאין ונותנין בצדקה העומדת לחלק לעניים כי אם כסף בכסף וכיוצא בו שמא יבאו עניים ולא יהיה להם מעות לחלק אבל צדקה שאינה עומדת לחלק רק הקרן יהא קיים ויאכלו הפירות שרי (ב"י בשם סה"ת שער מ"ו והגהות מיימוני) וכן נוהגין:

If one says, "Let this Sela go to charity," or if he says, "I vow to give a Sela to charity," and separates the coin, he may still change the coin as long as the Gabbai does not come to collect it; i. e., he may borrow it himself or lend it to another, but he must pay another instead. RMI.—So, too, if vessels or utensils have been hallowed, they may be sold according to the appraisal of three experts, and the proceeds given to charity. But after the money reaches the Gabbai it must not be loaned to anyone, neither to the donor, nor to another, nor even to the Gabbai. But if the poor can benefit by the fact that the Gabbai retains the money for a time; as, for example, thereby to induce others to pay, he may borrow it and then pay it back. RMI.—Because charity is not exactly like Temple funds, as it is permitted to derive benefit from the former.¹ But funds ready for distribution should not be tied up in business, only money-changing and the like being permitted where the cash is always on hand, because the poor may come and there would be no ready money to give them. However, funds not meant for immediate distribution may be invested, so that the principal should remain intact and only the income thereof be distributed. And this, in fact, is the custom in vogue.

footnotes: ¹ If the enjoyment of its benefits does not use up the article or depreciate it.

Moneys donated for purposes of the synagogue or of the cemetery, may, if the community sees fit to do so, be diverted to the use of the House of Study or to the maintenance of a Religious School,² even against the will of the donors; but moneys collected for the support of a school cannot be commuted to the synagogue. RMI.—Only where there is ground for apprehension that there will not be sufficient money for school purposes [if this money were to be diverted to the synagogue]; but where the members of the community support the schools generously (so that if this money is spent for a synagogue they will surely furnish more money for the schools); in such a case, it is permitted, even in a place where it is [usually] forbidden to change the will of the donor. If one donates a sum of money for a purpose for which there is no need [at present]; as, for example, he donates a site for a House of Study and for certain reasons the building cannot be erected immediately, the donor cannot retract, but the site remains until the House of Study is eventually erected. All this applies in places where there is no established custom. But where it is established that the Gabbai or the assembled community has the right to commute the funds from one charitable purpose to another, we follow the usual custom; for we presume that the donor makes his donation subject to custom and that the authorities accept it with this condition at heart [that they may dispose of it at their discretion]. Of course, where the donor expressly stipulates that his donation shall not be subject to change, naturally it cannot be commuted.

footnotes: ² Because they are more important than synagogues.

If a Jew had donated a lamp or a candelabrum to the synagogue, and the name of the donor is not associated with the object, the community¹ may devote it to another purpose, even a non-religious purpose² (even against the donor's protests). But if the donor's name is associated with the gift, it cannot be commuted for a non-religious purpose, but it may, for a religious purpose. If the donor is a heathen, the gift cannot be commuted even for some other religious purpose, as long as his name is associated with the gift. (And as long as the name of the donor is engraved on the vessels donated, the name is said to be "associated" with the gift.)

footnotes: ¹ But not the Gabbai. ² If the lamp or candlestick has not yet been used.

If a heathen donates a candelabrum or other object to the synagogue, we accept it, if he says, "I have consecrated this according to the intentions of the Israelites"; but if he does not say this, it must be put away.³ (See Art. 254.)

footnotes: ³ For we fear he might have consecrated it for idol-worship.

If a person has money in his possession and he is in doubt whether it belongs to charity or not, he must give it to charity. RMI.—If one consecrated something with an ambiguous expression and died, the property continues in the possession of the rightful heirs, since it is impossible to know the intention of the deceased. For the burden of proof rests with the Charity officials who are interested in changing the present status of the property; and as long as they cannot bring proof, the property in question continues in the possession of the heirs.

The community has no right to assess or tax charity funds. RMI.—If one finds a purse in his chest with the word "charity" written over it, we depend upon the written word and it is Charity. So, too, if one said to his children, "This is Charity," and it seems to them now that he said this to inform them of a fact, the money is Charity. But if it seems to them that he told them this so that they should not take any, or so that they should not consider him wealthy, then we put no stock in his words. So also, if one is informed in a dream that his father concealed money in a certain place¹ and that the money is Charity, we put no trust in these words, because the words of dreams are of no account either one way or the other. If one handles a box of charity funds and one of other funds, and money is later found on the floor, we say it belongs to the chest he used last. If he used both simultaneously, we say it belongs to the larger sum. But if he finds it in a crevice or hole, where, we might say, it has been lying for a long time without being noticed, then we give it to the larger fund even if he handled them successively.

footnotes: ¹ And it is actually found in the place designated.