7573 —צוואה למוסד תורה בארץ ישראל ושם המוטב

B"H, 20 Shevat, 5721.

Brooklyn.

Haraha"g vavac"h iy"a nu"n oseik b-tzt"z Asher Abramson

Shalom u'Vrachah!

In response to your letter from Rosh HaShanah LaIlanot. At an auspicious time, the Avrech... will be mentioned at the holy resting place of my father-in-law, the Rebbe, of blessed memory, in accordance with your letter's content. May you have good news in this regard.

Regarding your question on behalf of a donor who wishes to write in his will that after one hundred and twenty years his property should be given to an institution in Eretz Yisrael, where a building will be constructed as a place of Torah study in his and his family's name, and you ask for the specific name of such an institution in English.

Generally speaking, since the timing of transferring the property is unclear—and may it be G‑d's will that those mentioned live long and good years—it is complicated to designate an institution by name "specifically," as you wrote. Another point is that questions may arise regarding how to transfer the property if it is inherited by an institution located in Eretz Yisrael. It is much simpler and more straightforward if the property is registered under an institution abroad that has branches and active work in Eretz Yisrael (with an addition in the will specifying that the property is given specifically to build a place of Torah study in Eretz Yisrael).

If this reasoning is accepted and he wishes to proceed accordingly, then it should be registered under Merkaz L'Inyanei Chinuch or similar organizations, with the aforementioned conditions added. Another option is to register it under the branch of Merkaz located in Australia if it has official standing there; this branch would act as a representative of Merkaz here. Similarly, this could possibly be done through the yeshivah or Beit Rivkah; however, this possibility is more limited since certainly a yeshivah does not have authority to build a girls' school and likewise Beit Rivkah regarding boys—whereas Merkaz has both aspects within its scope.

If for any reason he specifically wants to dictate in his will the name of an institution in Eretz Yisrael itself, he can specify "the spiritual council of Kfar Chabad at its head being the rabbi of Kfar Chabad." [I added "spiritual" so there would not be a possibility for the property to be taken for paying off Kfar Chabad's debts if such exist at that time.] Alternatively: "the administration of Beit Rivkah located in Kfar Chabad."

With honor and blessing,
M. Schneersohn

P.S. Regarding your trip: I have already stated my opinion that I am not at all comfortable with crossing the dateline during Sefirah days. Even though from a halachic standpoint my view is clear—that regarding Shavuot it depends solely on counting days, which each person does individually—therefore one who crosses the dateline should not take into account at all when Jews living at his destination celebrate Shavuot; rather he should observe it on his own fiftieth day [which would differ by one day from local Jews—unless he crosses back over the dateline during Sefirah]. As above my view is clear—but nevertheless it remains highly questionable [especially since I believe this difference is mandated by Torah law], so one should avoid entering into this situation as much as possible.

Summary

The Rebbe advises careful legal planning when making charitable bequests for Torah institutions in Eretz Yisrael, suggesting practical solutions for naming beneficiaries and ensuring proper use. He also cautions against crossing the dateline during Sefirah despite halachic clarity.