(c) Apr 18 2001 RashiYomi Inc. MY COLLECTED & INDEXED MAIL JEWISH POSTINGS-Ver #1
Individual Postings 1st appeared(& were copied in html form) on the Email List Mail Jewish

From: Russell Hendel <rhendel@mcs.drexel.edu>
Date: Tue, 10 Aug 1999 01:22:04 -0400 (EDT)
Subject: Further Comments about Forced Mishebayraches/Vows

I recently suggested that a forced donation from a Mishebayrach creates
no obligation for giving because a gift follows the PERCEIVED INTENT OF
THE GIVER (Rambam Gifts 6:1) and the person only made the MiShebayrach
to escape embarassment. Alex Hoppenheimer retorts that the particular
Rambam I cited deals with a person who gives away his entire estate
because he thougt he was dying;this would not apply to someone giving a
small amount.Alex also cites the fact that a promise to give is a neder
(Charity 8:1) and is like forcing someone to give a sacrifice (14:8).

These are all answerable objections. Rabbi Bechoffer already pointed out
that the person doesn't make the neder himself (someone else makes the
MiShebayrach--all he has to do is not say Amen).

Furthermore (Rambam Vows 4:1-2) explicitly says that Vows done for
emphasis ("I vow not to eat by you"--so stop pestering me) or for sales
("I vow not to take less than $100") have no validity since he "didn't
really intend to keep the vow." How does this differ from a person on a
Bimah who is being embarassed in front of the whole shule if he donesn't
give.

I looked up Sacrifices 14:8 "Those who are liable to Offerings, we take
it from them by force because they really want to" and do not see the
relevance to the current situation.

Finally although Gifts 6:1 does indeed speak about a person who "gave"
his whole estate nevertheless the principle I mentioned applies to many
cases (As I stated in my original posting). For example

* If I send gifts to "my boys" then if there are female gifts among them
(like jewelry) then then they go to the girls (Gifts 6:14)

* A deathbed wish to give a daughter a $400 present for her Ketuvah is
interpreted as a $200 present if the local custom is to exagerate by
doubling

* A deathbed wish to give my children $100 a week is interpretd as
$2-300 if that is what they need (The person used a $100 to indicate to
be thrifty) (Gifts 11:21,23--note deathbed wishes are like "deeded
gifts").

Finally if Rabbi Bechoffer brought in his synagogue experiences I should
bring in my actuarial experiences...In practice way under 50% of even
Yom Kippur donations are ever sent in (or so people have told me). Such
a statistic helps justify the "he didn't really mean it" interpretation.

Russell Hendel; Moderator Rashi is simple; http://www.shamash.org/rashi/