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.
We sought to determine who is classified as an impoverished person and thus entitled to charity funds. We also noted the dispute (Baba Batra 9a) between R. Huna and R. Judah regarding one who comes seeking food: according to the former we verify that he is indeed needy, but if he seeks clothing we need not make inquiries. The latter posits the opposite: if he wants clothing, we make inquiries, but if he seeks food, we ask no questions. The halacha follows R. Judah.
We delved into two differing sources (and views) regarding the economics of poverty (a mishnah in Pe’ah and a mishnah in Eruvin). The Aruch Hashulchan explains that the aishnah in Pe’ah refers to earlier times. We also cited Rav Yitzchak Yaakov Weiss (Responsa Minchat Yitzchak) who discusses this matter in detail and cites the Chatam Sofer who connects the monetary measures set forth by our sages to leket, shikchah, and peah, which we no longer have. The Chatam Sofer connects our charitable giving to the recipients’ most basic needs.
We noted that there are some poor people who might not be entitled to our largesse, namely sinners. The Mechaber, however notes that there is a difference between one who transgresses due to an insatiable desire – mumar l’te’avon – and one who does so out of spite – mumar l’hash’chit. We are more lenient with regard to the former. We also touched upon the concept of tinok sh’nishba as it applies in our day and age. In sum, there are few today who can readily be considered as sinners out of spite.
We discussed to whom we should give our charity funds first; gabba’ei tzedakah; and the propriety of giving tzedakah funds to institutions like yeshivot and hospitals. We noted that a person should give charity relative to his means. We also discussed whether one may use one’s charity money for another mitzvah.
Last week, we sought to define the annual amount of tzedakah one must give. The Mechaber, based on the Gemara (Bava Batra 9a), says the minimum is a third of a shekel. The Shach, in the 17th century, says it is one Polish zloty. Perhaps the requirement to give this minimum amount is why many shuls have the minhag of having the gabbai circulate the synagogue, collecting charity. In this manner, everyone is sure to at least give the minimum amount over the course of a year.
We also noted the importance of giving tzedakah in a good frame of mind and never turning anyone away empty handed.
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The Mechaber (Yoreh De’ah 249:5) writes, “If a person is able to accomplish that others give [to charity], his reward is greater than the reward for a person who just gives.” The Taz (sv “mi’schar ha’notein”) explains that the Mechaber refers to a person who causes others to give from their own free volition.
The Mechaber (249:6-13) relates that not all charitable giving is equal in nature: “There are eight levels of tzedakah, each one greater than the next. The greatest of all, of which there is none greater, is sustaining a Jew who is down on his luck, giving him a present or loan, offering him a partnership [in some joint venture], or finding him employment as he seeks to strengthen his hand so that he need not rely on others and ask them for charity. This is what the Torah (Leviticus 25:35) refers to when it states “v’hechezakta bo – you shall strengthen him.”
The Shach and the Ba’er Heitev (ad loc.) explain that since it is common for friends to give each other presents, the recipient of a present will not feel embarrassed. It is best, though, to give presents before the recipient falls into complete impoverishment. A partnership is better than a loan because loans are embarrassing since one person is essentially doing the other a favor. In a partnership, though, both parties gain.
The Mechaber continues: “A lower level is giving to a poor person, not knowing who he is and he not knowing who you are. Close to this is giving to a charity fund whose overseer you know – one who is trustworthy and one who manages the fund properly.
“A lower level is giving to someone you know without him knowing from whom the money is coming. Our great sages acted in this manner (see Bava Batra 10a-b). They would stealthily walk by and throw money in the doorways of the poor. This, indeed, is the proper thing to do and it is especially proper when those in charge of the charitable fund are known to not act properly.”
(I personally have gone along with very worthy individuals who spend their entire Thursday evenings dispensing Shabbos food packages in this exact manner.)
“A yet lower level,” the Mechaber continues, “is giving blindly but the poor person knows from whom the money is coming. Some sages acted in this manner as well (see Bava Batra 10a-b). They would tie money in a linen cloths and throw them behind them and the poor would come and retrieve them. This was done in order not to cause the poor any embarrassment.
“A lower level is putting money in a poor person’s hand before he even asks. A lower level is giving a sufficient amount after the poor person approaches. A lower level is giving less than what is satisfactory but with a pleasant demeanor. A lower level is giving begrudgingly.”
The Ba’er Heitev explains that this last level refers to someone who gives begrudgingly but is careful to make sure the poor person doesn’t sense his unease.
We see that our sages understood very well the temperament of each personality type. Though all give charity, some merit to give in a better manner than others.
(To be continued)