Too Many Sponsors?

Rabbi Dayan always led the kinnos in his shul on Tisha b’Av, but this year, he was going to be away for the entire summer.

The shul president and board decided to hire an outside speaker to lead the kinnos. They arranged with Rabbi Darshan to lead the kinnos and agreed on a fee of $1,500 for the day.

“How should we fund the guest speaker?” the president asked.

“Our congregants will be willing to sponsor this program,” replied the treasurer. “They will miss Rabbi Dayan’s inspirational words this year, but can look forward to hearing Rabbi Darshan.”

“I think you’re right,” said the president. “Notify the congregants and we’ll hope for a positive response.”

A message was sent out to the shul’s mailing list: “If we are not privileged to witness the rebuilding of the Beis HaMikdash before Tisha b’Av, a guest speaker, Rabbi Darshan, will lead the kinnos this year. We are seeking sponsors for the speaker. Checks should be made out to the shul.”

The community responded generously. Within a few days, people had donated the necessary amount. “We should notify the congregants that we reached the goal,” a board member urged. “There is no need for additional sponsors.”

“Why stop people from donating?” said the treasurer. “We can use the additional amount for general shul expenditures. I see this as a good fundraising cause!”

“Then we would have to notify them that the additional money will be used for general shul expenses,” countered the board member.

“What’s the difference?” the treasurer argued. “Let each person think that he is a sponsor. No one knows who donated first!”

“But that’s misleading them,” said the board member. “If they wanted to donate for general shul expenses they would have done so. Clearly, they want to donate specifically for this speaker.”

“I suggest that we ask Rabbi Dayan,” said the shul president.

The president called Rabbi Dayan and asked:

“Do we need to inform the congregants that we have reached our goal? Can we still collect and retain additional money for general shul functions?”

“This question relates to the issue of geneivas da’as (misleading others), which is prohibited (C.M. 208:6),” replied Rabbi Dayan. “Minchas Yitzchak (6:167) discusses whether a gabbai tzedakah may tell donors that he is collecting for a cause for which they are likely to donate generously, when, in truth, he is collecting for another cause.”

“Minchas Yitzchak prohibits doing so if the donor would not have given the same amount had he known the true cause. Moreover, he writes that if a donor should find out and request that the additional amount be returned, the gabbai must do so (Tzedakah U'misphat 7:[5*]).

The same question was posed to Shevet HaLevi (2:119). He writes that doing so is not actual stealing, since anyway the money goes to tzedakah. Furthermore, if the gabbai did so, he can use the money for the true cause for which he collected, and it is not considered changing the cause of the tzedakah (see Y.D. 256:4), since the gabbai initially intended for this cause and we can assume that the donor would consent. Nonetheless, Shevet HaLevi raises the issue of geneivas da’as in initially misleading donors (Pischei Chosen, Geneivah 15:[22]).

Indication that geneivas da’as is prohibited here can be brought from the gabbai, R. Yanai (Arachin 6b) who would borrow for his personal use money from tzedakah that he had collected, since this benefited the poor. One explanation is that people would then have to donate more, since there was insufficient money available in the kupah. He would not lie and state falsely that there was insufficient money (Beis Yosef Y.D. 259:3).

“Where does this leave us?” asked the president.

“We cannot collect for the shul under the pretext that the money is needed to pay Rabbi Darshan, send out an additional notice claiming that there is further need, or reply dishonestly to someone who asks whether more money is needed,” answered Rabbi Dayan. “Nonetheless, if additional people respond to the initial request, each person who contributes has a share in sponsoring the speaker. The excess amount should be used to fund similar Torah speakers. (Y.D. 253:6).”

Verdict: It is not necessary to alert community members that the fundraising goal was reached, but additional communications should not be sent out encouraging the collection. Excess money should be used for similar purposes to fund Torah speakers.