Rav Chanoch Erentrau Shlita, Av Beis Din of London reportedly ruled that tzedaka checks distributed on Purim by the late Bentzion Dunner Z”L. According to a report appearing in Mishpacha Magazine, Dunner during his last Purim, shortly before his untimely death (reported HERE on YWN), wrote checks totaling over 1 million pound sterling.
In an effort to honoring the last wishes of the deceased, Rav Erentrau stated the checks must be honored posthumously.
(Yechiel Spira – YWN Israel)
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16 Responses
Had anyone claimed otherwise?
Harav Eliyahiav says that a cheque is not considered money, is only apromissary noteand therefore,since Mr Dunner has children who are under the age of 13 and they inherited these monies, no one is allowed to claim them until the children are over Bar Mitzvah, i hear that the estemmed Rav Padwa also sayd that one is NOT allowed to use the cheques.
For the sake of the honor of Rav BenZion Dunner ZT”L I strongly suggest that we let the Gedolim pasken this one without our comments.
Each person should ask his Rov and do according to their psak.
If its a promissory note, what forbids one from giving it to a bank, and having the bank cash it. They’re essentially buying it from you, which is muttar, and they can cash it because they’re not Jewish and don’t listen to Rav Padwa.
To deposit it into one’s own account, might be more problematic, although you could say that it is still the bank collecting on it and transferring the funds to you. Could be they have a din of your shaliach, that neds a banking and Halacha Boki. But the first aitza seems good to me.
I seem to recall from my “yeshivishe yahrin” that there are circumstances which some hotzaos are made even when there are k’tanim, such as k’vod haniftar.
For those who are outside the UK, we are not talking about cheques issued through banks. These cheques are from a special Tsdaka a/c which you pay in taxed income and the government add back the tax deducted from the Gross. These cheques are issued by specially registered charities.
Perhaps this should be left to a Rov who is close to the Dunner family and can judge in what position the family was left. There are law issues as well the issue of doing the right thing by a family that had given so much for the community. Even if it was Halachicly permissible to cash the checks- Is it the right thing to do is also a question worth asking.
Perhaps just in case, chas v’shalom, the apples might fall far from the tree, perhaps a benefactor could put forth a bond for the amount of the checks in case when the minor children are over Bar Mitzvah they want the money?
In this way the benefactor redeems the promissory notes for the children by paying off the recipients with equal amounts to the checks, and if the children wish to honor Rav Dunner zt”l’s wishes that the checks be honored, the release the bond back to the benefactor, and their father’s neshama retains the credit for the tzedaka in his lifetime?
How many inheritors, and what fraction of the total value of these checks would go to them?
Are there older siblings above Bar Mitzvah who’s share of their collective inheritance is sufficient to cover all the checks?
How to look at checks is a long standing machlokes. It has a very practical application to many people regarding ribis if you pay a fee to cash a check. If a check is only a shtar then you are being lent $95 and paying back $100. It would also be a problem to give a check to an ani and take change. It would also cause problems with matanos levyonim. If his matonos levyonim check cannot be collected, was he yotze his chiuv? Rav Blau, who is an absolute expert on both banking and halacha, discusses this at length in his seforim on ribis an choshen mishpat.
How much is “over 1 million pound sterling” in USA dollars?
about 2 million…
to #3..those who have those notes and the “yesomim” do not go on “yehivah world” to check everyones opinion and do according to the comments here ,so whats your problem? also what is dishonerable if its discussed here and one brings his opinion from reyos of shulchun aurch… also according to you, you should also go to all shules ,mikvahs, lunchrooms etc., etc internationally where this sbject is discussed and state your views(about dishonering reb b.z. z’l) because this is the subject matter b’hol huolom kilo now.
#3: Rav Elyashiv is the poisek hador and people
MUST know his opinion befoe the cash a check from Benzi Dunner z”l. Many gedoilim in America have disagreed al pi din on both the water and shaitel issues but ALL were machnia to the unquestionable poisek hador.
Though different houses of chasidus have their own poskim, Benzi was a chossid in more than one house. What if the Skverer Rebbe shlita and Mordche Duvid Ungar, both of whom Benzi followed, disagree in haluche?
Everyone MUST know what the poisek hador holds and THEN go ask their own Rov.
I do not believe it is any form of disrespect to follow the psak of the gedoilay hador. If there is a machlokes, then maybe the checks should not be cashed, since they belong not to the Yesoimim.
Also, to cover them with an outsider’s guarantee, “just in case” the yesoimim want the money has its own problems. It really puts pressure on the yesoimim to agree to the tzedaka upon their reaching bar mitzvah age.
This MAY not be fair to them, as 13-year-olds TODAY are not really ready to make such responsible decisions.
I hate to say it folks, but is my opinion, that the checks be cancelled. The money belongs not to the Yesoimim, and any tzedaka efforts that they make upon reaching 13 should originate from them, and not from community pressure. If the checks are paid, and guaranteed by another person, they will feel obligated to allow the tzedaka, and not reclaim the money.
This time, I vote for the rich kids (smile). Rich or not, they deserve protection of halacha. My memory of Choshen Mishpat is that HaRav HaGaon R Eliyashiv, Shlita, is correct. Not that he chas v’shuloim needs my haskama.
to #15..see #13 first two lines
i think he was a terible loss for the yiden he saved millions of people from zorus and yet his own family is in zorus