Someone donated a beis midrash to a community. After a few weeks the hanhala decided that bachurim could only learn there at certain times and at certain tables. Is this permitted? Could bachurim go at other times al pi halacha?
Answer:
It is hard to define clear guidelines to answer this question.
In general, a donation is made with the knowledge that decisions will be made by the management of the place. At the same time, it is self-understaood that no decision will be made that entirely undermines the intention of the donation, and if such decisions are made – for instance turning the building into a commerce center – the donor can claim that this is a case of ta’us and ask for his money back.
In this case, if the building or premises are used as a beis midrash, but for different reasons it is decided that bachurim cannot enter at all times, it does not appear that this is sufficient cause for claiming the case of ta’us. However, the person who made the donation has a right to be heard, and his opinion should be respected to the extent that it possible under the circumstances.
Best wishes, and I hope that the issue will reach a good resolution.
