תלמוד בבלי
תלמוד בבלי

Responsa על בבא בתרא 263:9

Teshuvot Maharam

Q. A gave a sum of money to a community to be used as an endowment fund for the maintenance of a Rabbi to be chosen by the community. After A's death, the people of the community chose their relative, B, as their Rabbi. A's daughter was married to a Rabbi who was the equal in scholarship to Rabbi B. Is the community obligated to accept as their Rabbi A's son-in-law in preference to Rabbi B? Moreover should some of A's children become poor, must the income from the endowment fund be used for their support rather than for the maintenance of the Rabbi, since it is to be assumed, in accordance with the principle of R. Simon b. Menassia (B.B. 132a) that A, while giving the money, intended that his own relatives be preferred to a stranger?
A. After the money was given over to the community, neither A nor his family had greater rights to it than any other member of the community. The community, therefore, is not obligated to appoint A's son-in-law as their Rabbi. Moreover, it is to be presumed that A made a nobly charitable gift to the community without attaching any reservations or conditions. The law of R. Simon (B.B. 132a) deals with a charitable gift made under an erroneous assumption, while in our case no such condition existed.
SOURCES: Pr. 942; Mord. B. B. 486; Agudah B. B. 20.
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