I learnt at a bein hazmanim kollel and received “X” amount of money. I already said that I will give 10% back to the yeshiva for ma’aser. The problem is as follows: I verbalized that I will give the money to “netzach” – the name of the yeshiva that the learning took place. But as I gave the money to the gabbai he said that the actual yeshiva and the “bein hazmanim program” are unrelated so he asked who do you what to give it to. So I quickly said to the bein hazmanim kollel, because after all they the organization that coordinated it and did the fundraising etc. and I think that my intention the whole time was to give money to the institution that is giving me the money. So, my question is;
- Must I also go now and give “X” to the yeshiva since I “verbalized” the name of the yeshiva?
- Furthermore can you please explain why when it comes to nidrei mitzvah or tzedakah, the neder is binding even without stating that I am taking it on as a neder?
- The rule with nedarim is that it goes according to the person’s intention. Since you intended that the neder should be for the kollel, and not specifically for the yeshiva, the money would go the kollel as you intended and not as you stated, since the statement was a mistake. In fact saying that he will give the money to the Yeshiva was a neder by mistake, because he never really meant to give it to them. Therefore the money should be given to the kollel.
- When a person says that he will do a mitzva, he is obligated to do what he said because of the posuk מוצא שפתיך תשמור ועשית. That you have to do a mitzva act simply because you said that you will do it. This is different then the regular parsha of nedarim, (Bamidbar 30-2) where there are special conditions of how exactly it has to be said.
- See Yoreh Deah 218-1, 5.
- See Ramban Sefer Hamitzvos- Esen 94, Chochmas Adom 91, Chasam Sofer E:H 2-101.