Donation to a Bet Knesset from a non-religious person

15.05.19

Question

Question:
We received a very generous donation to our bet Knesset for someone who is not religious at all. Knowing him he has probably transgressed the whole Torah right and left. Is it permitted to use this money for the Bet Haknesset?

 

Answer

Answer:
It is permitted to use the donation since we may be able to classify him as a Tinok Shenishba (one who is ignorant of Judaism). Those who want to be stringent should use the money for the courtyard or the to buy paper towels etc.

Explanation:
Gemara in Chullin 5a: From and not everyone… it excludes a Mumar (a Jew who does not keep Torah.) that we don’t accept his offering s in the Beit Hamikdash. Mikem-Bakem, From you, in you, there is a differentiation in Yisroel but onto in the other nations. From Animals, to include those who are comparable to animals, from here we see that we take Korbanot from purposeful sinners so they might do Teshuva except a Mummar and one who sanctifies wine r Avoda Zara and a Mechallel Shabbat in public. That makes no sense, you first excluded the mumar and then you Shulchan Aruch we accept Korbanot from sinners? That is not a question, the first part is referring to a Mumar for the whole Torah and the sinner is one who transgresses one thing consistently. The end part though says that we don’t accept from a Mumar …while this Mumar, if it was for the whole Torah, we said that if it was for one sin, we said that? Rather it means a mumar to do Avoda Zara or Mechallel Shabbat which is comparable to a Mumar for the whole Torah.
This Gemara we see that we do not accept Korbanot obligatory or voluntary, from a Mumar for Avoda Zara or for being Mechalel Shabbat publicly, but we do accept from goyim.
Who is considered a Mumar for the whole Torah?

The Shulchan Aruch (YOD 2:5) writes: A Mumar Lehachis (Literally to spite Hashem) even for one Aveirah or that he worships Avoda Zara or is Mechallel Shabbat in public, or the is a Mumar,(transgressor) the whole Torah is considered like a Non-Jew.
R’ Akiva Eiger comments that a Mumar for the whole Torah isn’t to be taken literally “the whole Torah’ is even if he does not worship Avoda Zara  and keeps Shabbat. Since if he did then he doesn’t need the whole Torah to transgress to be considered like a Non-Jew.
The Tevuot Shor (2:23) that even if we see he transgresses most Averiahs which come his way he is considered a Muamar for the whole Torah and even if he transgresses three well known Aveirot then eh is also a jam since it is established that he doesn’t care.
The Shulchan Aruch (259:4) writes: A No Jew who donates a Menorah or something else to the Bet Haknesset we accept it and he should say under the auspices of a Jew I put it aside to donate, and if he does not say that, then it needs Genizah.

He says in Ohr Hachaim 154:11 says the wax candles which Non-Jews used for their Avoda Zaras which blew out are forbidden to use in the Bet Knesset it is forbidden. The Rema adds they are permitted to be used by people just not on Bet Knesset.  A Mumar who donates wax or candles to the Bet Knesset, they are forbidden to use them.
The Shulchan Aruch in Yod says it is permitted to accept a donation from a Non-Jew for the Bet Knesset, but in Ohr Hachaim a gift which was previously used by Avoda Zara is forbidden. However, the Magen Avraham says the censor changed Mumar to Non-Jew in Ohr Hachaim and a Mumars donation is forbidden.
There are plenty of Poskim who hold that a Non-religious person nowadays might have the status of a Tinok Shenishba.
So, it is fine to accept the donation. If one wants to be stringent then he should use the funds for something not similar to  a Korban ,like landscaping and paper towels.

 

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