I had made up my mind to give two hundred dollars to a particular poor person after Sukkos. However, as I see it now, while he is still in need, he may manage fine without my donation.
Q: I never verbally expressed my pledge to give tzedakah (charity). Now that this person’s circumstances seem to have improved, am I permitted to retract my decision?
A: As explained in previous editions of Business Weekly, according to many Poskim, a person’s thoughts do not carry halachic weight – devarim she’b’leiv ainam devarim – and as such, you should be allowed to retract your initial decision.
Your case, however, is different, since it encroaches on the issue of making a vow to give tzedakah. Rema (Y.D. 258:13) rules, despite contrary opinions, that one who decides to give money to tzedakah is obligated to follow through with that decision whether he articulated the pledge or not. According to this opinion, a vow to tzedakah is similar to hekdesh, where a mental commitment to sanctify an object as sacred is binding (see Imrei Yosher 2:162). Accordingly, since your commitment involves a vow to tzedakah, it seems that you should fulfill your vow.
However, according to the interpretation of some Poskim, all authorities agree that even a pledge to tzedakah has to be verbally spoken. In their opinion, the dispute relates only to a verbal pledge that did not specifically include the intended amount or object to be donated. It is regarding this interpretation of his verbal vow that Poskim argue whether one must follow his mental intention (see Pischei Teshuvah Y.D. 258:15 and Maharsham 1:201, but see Imrei Yosher, who disagrees with this interpretation).
In a case of conflicting opinions regarding a vow, it is advisable to either follow through with the original commitment or at least petition a talmid chacham for instructions for a release from the vow (matir neder). This would be the correct conduct in your case.
Although a vow to perform a mitzvah should not generally be released unless it is a pressing circumstance, when there are additional lenient factors involved, one may be lenient and release someone from such a vow (see Maharsham ibid, based on Avodas HaGershuni #10).
Obviously, one must consult with his rav to make sure that it is acceptable to retract his tzedaka pledge in his particular circumstance.




