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.
Last week 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.
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The Mechaber states: “One who gives his adult sons and daughters, to whom he no longer bears any responsibility to sustain, so that his sons are taught Torah and his daughters are directed on the proper path, is considred to have given tzedakah. The same is true of someone who gives money to his father [or mother, presumably] who is in need of support. Moreover, they come before others. Indeed, any relative, not just a father or a son, comes before other poor people. The brothers of one’s father come before the brothers of one’s mother, the poor of one’s own household come before the poor of one’s city, and the poor of one’s own city come before the poor of another city.”
The Shach (ad loc. sk 5), commenting on giving to one’s father, notes: “If he is of means, may a curse come upon such a person who supports his father from [his] charity [funds].”
The Mechaber continues: “Those who dwell in the land of Israel take precedence over those who reside in the diaspora.”
The Rema adds and amplifies: “Supporting oneself comes before supporting anyone else, and a person is not required to give charity until he has sufficient means for his own support. After that, he should give to his parents first if they are poor, then his [adult] children, then his brothers, then other relatives, then neighbors, then the poor of his own city, and then the poor of other cities. This same order applies in regards to redeeming captives.”
The Mechaber continues: “We force the father to support his indigent son even if he is an adult; he is forced to suppprt him more than other people of means in that city are.” The Rema adds: “The same applies to other relatives.”
The Pitchei Teshuva (ad loc. sk 4 sv “yoshvei Eretz Yisrael”) cites the Chatam Sofer (Responsa 233, 234) who discusses at length giving tzedakah to the poor in the land of Israel and concludes that one should give tzedakah to poor people in Jerusalem before he gives to poor people in the rest of the land.
He also notes that all of these rules are based on the “all thinhs being equal” rule. In other words, if poor people in Jerusalem have bread, for example, while poor people in Tzefat don’t, one would have to give tzedakah to the poor of Tzefat first.
(To be continued)