Is It Permitted to Borrow Money from a Tzedakah Box?

Hello,

Thank you for your words of praise.

As a matter of basic halacha, you are permitted to borrow money from a tzedakah box, provided that you are certain the money will be in your possession when the poor will need it. Of course, you should write yourself a reminder to return the loan to the tzedakah box.

In any case, to remove any concern, it is good to stipulate when you place the tzedakah box in your home that you do not want the box to acquire the money on behalf of the person for whom it is intended.

Sources: It is explained in Shulchan Aruch, Yoreh Deah (siman 259, section 1) that one who set aside tzedakah may borrow from it before it has come into the hand of the gabai. Once it has come into the hand of the gabai, it is forbidden. See there. However, some say that tzedakah boxes found in homes, once money has been placed in them, are considered as though they have come into the hand of the gabai, and it is forbidden to borrow from them, as brought in Derech Emunah, part 1 (Laws of Gifts to the Poor, chapter 8, subsection 24 and Hatziyon Halachah, subsection 121) from the Maharsham (siman 258, section 1) in the name of the Maamar Mordechai and the Binyan Tzion. In any case, the Pischei Teshuvah (siman 259, subsection 4), citing the Chumdei Daniel, already wrote that in our times it is customary to be lenient and borrow even after it has come into the hand of the gabai, perhaps because since this is the practice, the heart of the court stipulates on their behalf. This is also written in Derech Emunah (subsection 25 and Hatziyon Halachah, subsection 123) in the name of Maran the Chazon Ish, of blessed memory.

And what I wrote, provided that you are certain, etc., is likewise found in Derech Emunah (there and Hatziyon Halachah, subsection 124) in the name of Maran the Chazon Ish, of blessed memory.

And what I wrote, in any case to remove any concern, etc., is based on Derech Emunah (Hatziyon Halachah, subsection 121).

With blessing,

Hillel Meirs