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.
In the last two weeks, 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.
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At the outset, we touched upon the rule to provide for a poor person’s needs. Indeed, Hillel the Elder (Ketubot 67b) goes so far as to require us to give a person a horse (to ride on) and a slave (who will run before him) if he was formerly accustomed to such amenities. This rule, of course, only applies to a donor of means. The Mechaber (Yoreh De’ah 249:1) writes:
“If a person has the means to do so, he must give in accordance with the needs of the poor person. However, if his financial situation leaves him short of being able to provide that much, he must give up to a fifth of his holdings, which is the greatest form of giving. Giving a tenth of one’s holdings is considered the middle measure of giving, and one who gives less than that amount exhibits an evil eye towards others. Insofar as the former measure, a fifth, is evaluated: the first year, from his principal, in subsequent years, from the profits accumulated each year.”
The Rema (in his glosses) rules: “One should not squander more than a fifth in order that he not impoverish himself, thus necessitating his having to turn to others for support. This rule applies for the duration of one’s lifetime; one may give any amount one wishes in a ‘at the time of my death’ stipulation.
The Rema (citing the Maharil) continues: “A person should not spend his tithe money on any other mitzvah, such as candles for the synagogue; rather he should give it only to the poor.”
The Pitchei Teshuva (sk2) notes a contradiction between the Maharil and Maharam (cited by the Shach, sk1, who rules that one may use tithe money for any mitzvah that comes one’s way) in this matter. The Be’er Hagolah (ot 5) reconciles it by explaining that the Maharil is discussing a person who already obligated himself in that particular mitzvah; such a person may not use tithe money to settle his obligation. However, if he chooses to use tithe money for a new mitzvah, he may do so.
The Pitchei Teshuvah (though he duly notes the Be’er Hagolah) notes that the Maharil himself reconciles the matter, explaining that he is referring to a person who gave a tithe to the poor from his profits on three different occasions; by doing so, he has established that these funds will always to go to the poor. Thus, who is he to take from their funds for the purchase of candles in the synagogue?
The Taz (249:1) notes as well: “And surely one may not use charitable funds to pay taxes. Although we find in the first perek of Bava Batra (9a) that money which the authorities [in exile] take by force is reckoned as charity, nonetheless it is improper.” He notes as well: “We are taught in Perek Na’arah She’nitpatzta (Ketubot 50a) that the support one gives one’s minor children is also referred to as charity [as Psalms 106:3] states, ‘oseh tzedaka b’chol eit – one who does charity at all times.” (The Gemara asks: Is it possible for one to perform charity at all times? Rather, the verse refers to the mitzvah to support one’s minor children.)
The Taz continues: “Insofar as purchasing mitzvot [honors] in synagogue from tithe money is concerned, it would seem to me that if a person’s wish at the time the honors were being sold was to use tithe money to pay for it, it is permitted because the money is going to a charity…. If, however, at the point of purchase, he did not have in mind to pay from his tithe money, he may not do so.”
(To be continued)
