Shalom Rabbanim: A cousin of mine had ear- marked old sefarim (4) to be donated to the YULA (he had written YULA) library (he had written YULA on the inside cover). A relative of mine, found out about this and told my cousin that he should “keep the sefarim in the family” and he (Mr. X.) took these sefarim into his own library. I visited Mr. X. who said I can take sefarim from his library and keep them. I chose a few…and these 4 were part of what I chose. I had asked Mr. X. why they said YULA and I thought he had said they were purchased at a YULA sefarim sale. Years later (recently) I found out this whole story. The question is: Who do these sefarim belong to? Was my cousin “Makdish” these sefarim as tzedaka for YULA and really they should go back to YULA? Also, some of the sefarim have been fully marked up with my notes on them (and highlights)…what should I do now?
Answer:
Although the sefarim were “dedicated” to the library, because YULA is not classified as a halachic “charity organization,” the dedication will not have a binding effect, and the sefarim remain your property.
Concerning actual dedications to tzedakah, there is a broad dispute among acharonim concerning whether the laws of hekdesh (dedications to the Temple, where even dedications made in thought are binding) are applied or not.
In this case, however, where the dedication is for a communal, but not charity purpose, one can certainly be lenient (the more so since you have marked the sefarim with your notes and highlights).
Best wishes, and sorry for the delay in responding.
