A Returned Check
An interesting question discussed in Ateres Shlomo (Choshen Mishpat 65-69) concerns an unfortunate occurrence in which a charity collector, upset by the smallness of the stipulated sum, handed the check he received back to the donor, presumably hoping for a larger donation. In the meantime, however, the donor passed away. The charity collector returned to the late donor’s sons, requesting that—at the very least—they should donate the original sum their father had agreed to give (which was far from negligible).
The answer, at first glance, depends on the nature of a check. If a check is only an instruction to the bank, the obligation incumbent on the father would be nothing more than a neder tzedakah. This is a personal obligation, which does not transfer to heirs. If, however, a check is a promissory note, which is the consensus of most present-day authorities, then the father’s handing over of the check constituted the initiation of a financial debt, which the heirs are obligated to pay.
It may be suggested, however, that the father never meant to initiate a debt in the event that the check was rejected by the charity collector. A further point that may serve to exempt the heirs is that the collector’s rejection of the check absolves the donor of his obligation.
Conclusion
The following points briefly summarize our discussion:
- Even if it does not initiate a monetary debt, handing a check to a charity collector initiates a neder tzedakah. It is therefore forbidden to revoke or stop the check.
- When a check is given as a regular gift (not to charity), many authorities maintain that a debt has been initiated, and the giver cannot retract. However, according to some authorities it would be permitted to retract when the donation is considered large (relative to the wealth of the giver).
- Writing a check, even without giving it to the charity collector, usually involves a mental decision to give a donation. Where this is the case, the writing of the check alone is sufficient to obligate the donation. The donor, however, retains the right to decide which charity he wishes to donate the money to.
- Only a full financial obligation is passed on to heirs. A neder tzedakah is a personal obligation, which is not passed on to heirs.
