Mr. Weiss worked here and there, scraping by, but could not make ends meet. On Wednesdays he would make the rounds to several families to collect money for Shabbos expenses.
One week, he approached Mr. Levine. “I’m happy to help you,” said Mr. Levine pleasantly, “but I have a better idea. My son, Yossi, needs to be picked up from the airport on Friday morning, but both my wife and I are working. I can get a car service, which costs about $70, but I’m happy to give you $100 on Friday if you’ll pick him up.”
“That’s great!” replied Mr. Weiss, with visible appreciation. “I can do that.”
Later that evening, Mrs. Levine told her husband: “My boss informed us today that the office will be closed on Friday for renovations, so I can pick up Yossi.”
“Oh!” Mr. Levine replied, surprised. “I already arranged with Mr. Weiss to pick him up.”
“It’s not too late to call and say that it’s not necessary,” said Mrs. Levine.
“I know,” replied Mr. Levine, “but I agreed to pay him $100, to help him with his Shabbos expenses.”
“It’s fine to give Mr. Weiss tzedakah,” replied his wife. “But $100 is much more than we usually give him. There’s no need to hire him to pick up Yossi when I’m happy to meet him.”
“After I offered Mr. Weiss the job, I don’t know if I can retract,” said Mr. Levine. “Still, I agree that if you can pick up Yossi, it’s excessive to give Mr. Weiss $100 tzedakah.”
Mr. Levine called Rabbi Dayan and asked:
“Can I retract from my offer to Mr. Weiss?”
“Providing a needy person with employment is considered the highest form of tzedakah because it preserves his self-dignity (Y.D. 249:6; Shach 249:7),” replied Rabbi Dayan.
“Had you arranged with a regular car service to pick up Yossi, you would likely be able to retract, because no kinyan was made, the employee did not begin working, and you are giving ample notice so that he does not lose other potential jobs. Given the change of circumstances – that your wife was given the day off from work – this would not even be considered a lack of trustworthiness – mechusar amana (C.M., Sma and Shach 333:1; Rema 204:11).
Nonetheless, the poskim discuss whether you may retract a job offer you made to a needy person, or if it is considered a tzedakah pledge on which you may not renege.
Tosafos (Kiddushin 29a; B.B. 133b) writes that although verbal pledges of hekdesh to the Temple treasury are binding even without a kinyan – based on the principle amiraso lagavoha kimesiraso l’hedyot dami – nevertheless, if a person agreed verbally to sell a precious stone to the Beis HaMikdash at its fair value, this does not constitute a pledge, and the person may retract like in other business deals. However, if he agreed to sell at a discount, the differential is considered a pledge, and the person would owe at least that amount as hekdesh.
Following this distinction, several poskim write that if a person hired a needy person at the going rate, although it entails an aspect of tzedakah, it is not considered a tzedakah pledge, and the person may retract when such would be allowed with other employees (Beis Shlomo C.M. #17; Tzedakah U’Mishpat 4:[87]).
Nonetheless, if you offered the needy person a higher wage than usual due to his financial condition, that extra amount is considered a tzedakah pledge, which you are obliged to uphold (Ketzos 264:4).
However, some Acharonim suggest that there is an element of neder in hiring a needy person even at fair value (see Pischei Choshen, Sechirus 7:5[12]).
Thus, according to most Acharonim, you may retract from the hiring. However, because you offered Mr. Weiss $30 more than usual, that amount, at least, is a tzedakah pledge, for which you remain obligated.
“Furthermore,” concluded Rabbi Dayan, “even according to those Acharonim who are stringent, this case is a neder b’ta’us, because you offered Mr. Weiss the job thinking that your wife was not available to pick up Yossi, which turned out to be erroneous.”
Verdict: Most Acharonim do not consider an offer to hire a needy person at fair value a tzedakah pledge, from which you may not renege. However, if you offered a higher wage than usual, it is considered a pledge for that differential. Some Acharonim are more stringent.