Casting A Doubt
‘Shall We Say [They] Are Not Valid?’
(Nedarim 5a-7a)
The Gemara introduces the concept of a yad – a non-specific suggestion pertaining to a vow – and discusses whether such a vow is legitimate. Abaya maintains that it is; Raba disagrees. The Gemara (7a) questions whether a non-specific pledge to charity is binding but leaves the issue unresolved. The Ramban (Chiddushei HaRamban ad loc.) and Rashba (Novellae ad loc.) rule that since the Gemara does not resolve this question, one must be stringent and treat a non-specific charity pledge as binding as a matter of practical halacha in line with the general rule of safek issura l’chumra.
A Monetary Doubt
The Ran (ad loc.) disagrees and maintains that this matter falls in the category of a monetary doubt since the question is whether the person who made the vow can keep the money or has to give it to the poor.
Indeed, the Gemara (Chullin 134a) explicitly states that one may conduct oneself leniently when in doubt regarding an obligation of matenos aniyim (such as leket, for example). It is clear from this Gemara that in cases of halachic doubt regarding monetary issues, one may adopt a lenient position and keep the money until the doubt is resolved – even when money intended for the poor is at stake.
A Violation Or A Prohibition?
In defense of the Ramban and Rashba, the Emek Yehoshua (siman 16) and Machaneh Ephraim (Hilchos Tzedaka 2) distinguish between safek leket and a safek regarding one’s tzedakah pledge. A doubt regarding a tzedakah pledge is deemed a safek issura – a possible doubt regarding a violation because failure to fulfill one’s pledge is a violation of the biblical command: “Lo yachel devaro – He shall not let his vow lapse.” Therefore, one must be stringent in cases of doubt and give the tzedakah so as not to risk violating one’s vow. The Gemara permits one to be lenient regarding a safek leket because there is no vow involved in this instance.
The Essence Of The Vow
The Ran does not recognize this distinction because he is of the opinion that a charity pledge is not a vow to physically transfer charity funds to the poor, but is rather a vow to designate a certain amount of money to charity. And this vow is fulfilled the moment the pledge is verbalized since the money pledged immediately assumes the status of charity funds.
Of course, one is obligated to take the designated funds and give them to the poor. However, this obligation is not the result of the vow but rather the fulfillment of a biblical precept. Therefore, if there a doubt regarding such a pledge, it is similar to a doubt regarding leket and one may act leniently.