Question: When a stranger approaches a congregant in shul asking for tzedakah, should the congregant verify that the person’s need is genuine? Furthermore, what constitutes tzedakah? Is a donation to a synagogue, yeshiva, or hospital considered tzedakah?
Zvi Kirschner
(Via E-Mail)
Summary of our response up to this point: We noted that one never becomes impoverished from giving charity. We also explained the importance of giving charity, especially via a loan so as not to embarrass one’s fellow. The Gemara (Kettubot 67b) discusses the lengths to which one must go to accommodate the needs of a poor person who formerly was wealthy.
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How do we determine who in truth is a poor person – i.e., who is allowed to receive money from a charity box? A mishnah in Tractate Eruvin (49b) on the halachot of eruvei techumin – which enable a person to walk a distance of 2,000 amot on Shabbat from a certain point – discusses someone who was on a journey on the eve of Shabbat and wishes to set a “Sabbath base” which would permit him to walk to his home after dusk. It postulates that since “a poor man may make his eruv with his feet” — as opposed to the usual requirement to use bread for this purpose – the same rule should also apply to a traveler.
Rashi explains that travelers are unable to obtain bread and should therefore be considered like poor men. Thus, apparently a poor person is someone who has no food at the moment.
Pe’ah 8:8 uses the following criteria to define a poor person: “He who possesses 200 zuz may not take leket, shikhecha, pe’ah, or ma’aser ani. However, if he possesses 200 zuz less one dinar, he may take charity even if 1,000 people each give him a zuz at the same time. Also if his property is mortgaged to creditors or designated as collateral for his wife’s ketubbah, he may accept money from charity funds.” (Rabeinu Shamshon explains that we assume he would have 200 zuz if he would sell his possessions, but we don’t require him to.) The Mishnah concludes: “We do not compel him to sell his home or his utensils.”
We find that the Mechaber (Yoreh De’ah 253:1) rules accordingly that one who possesses 200 zuz less one zuz may indeed take from tzedakah funds.
The Mechaber writes (Y.D.251: 10): One who comes and says, “Feed me,” we do not inquire whether he is a swindler; rather, we feed him immediately. But if he is naked [wearing tatters] and says, “Clothe me,” we do research lest he is a swindler. However, if we are acquainted with him, we clothe him immediately.
This ruling is based on a dispute (Baba Batra 9a) between R. Huna and R. Judah. The former posits that if someone comes seeking food we first verify his need; however, if he seeks to be clothed we clothe him without inquiry. The latter posits precisely the opposite. If someone comes seeking clothing, we first verify his need, however, if he seeks to be fed we give him unquestioningly. The halacha follows R. Judah.
The gaon Rabbi Yechiel Michel Epstein, zt”l (Aruch Hashulchan, Yoreh De’ah 251:sk13) explains this ruling: Clothing is not as immediate a need as food. Since this person may be starving from hunger, his need is immediate.
We read of the following incident in the Talmud (Ta’anit 23a-b): Once in the midst of a drought, the sages turned to Abba Chilkiya (who was the grandson of Choni HaMa’gal, and similarly blessed with the ability to successfully pray for rain). He positioned himself in one corner on his roof and his wife positioned herself at the other. Rain clouds first appeared over her corner. The Sages, observing this, asked him, “What special merit does your wife possess that you do not?” He answered, “She, being at home, gives food to the poor, thus satisfying their needs right away. I, on the other hand, being outside the home, can only give them money.”
(To be continued)