Question:
– I bought a mattress and it was not as advertised. They asked me if I can throw it out or donate it. I told them the charity shop is coming to pick up some old chairs and I can add it in. They gave me a refund. Do I have to donate it now? I want to either get a mattress topper for it or sell it so I can buy a better one.
Answer:
Hello,
What I understand from what you wrote is that the company is not interested in getting the mattress back and they don’t care if you discard it. Therefore, you may keep it for yourself or sell it. The only other issue I see with this, is that you might have said that you are donating it to charity, which would make it a neder to tzedakah. This depends on how serious you were when you told them that you will give it to the charity shop. If you didn’t really mean, but only said it to please them, etc., then it is not considered a neder to tzedakah, however if you actually meant, and wanted to give it to the charity shop, (if it is a valid tzedakah) then it would have to go them.
Best wishes
Could the person do “hataras nedarim”, to nullify the possible “neder” of pledging to give the mattress to charity, and then keep the mattress for himself?
If the Rabbonim will deterine that it is proper to do so under these circumstances.
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