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.
We then 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.
Last week we went through the eight levels of charitable giving. We also noted the importance of maintaining the right temperament when giving charity.
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In Part VII, we cited the Taz (Yoreh De’ah 249:1) who rules that supporting one’s minor children is considered tzedakah; however, it is frowned upon to rely on these expenditures top fulfill one’s yearly tzedakah obligation.
My uncle, HaRav Sholom Klass, zt”l, was asked two questions related to this issue: “Until what age should a father support his children? May he use his charity donations for their support, which includes paying their tuition to study Torah?”
He answered: The Gemara (Ketubot 65b) states: R. Ulla the Great said, “Although the sages decreed that a man is under no obligation to provide for his sons and daughters when they are minors, he must provide for them when they are very young. Until what age must he provide for them? Until the age of six.”
The Gemara (supra 49b) states that this ruling only refers to a man who is not wealthy. A wealthy man, in contrast, is compelled – even against his will – to provide for his children until they can support themselves (that is, far beyond the age of six).
The Gemara also states that Rabba used compulsion against R Nathan ben Anmmi, a wealthy individual, and extracted 400 zuz from him for charity. He did so to prove that a court can force a wealthy father to provide for his children since if he can be forced to give money for charity, he surely can be forced to support his children.
When people complained about a heartless father who refused to support his children, he said, “Make a public announcement and say, ‘Even a raven cares for its young, but this heartless man does not care for his children.’” He thus attempted to shame him into supporting his children.
The Rambam (Hilchot Ishut 12:14) writes that a person must support his children until the age of six; after that age, if he refuses to support them, he should be shamed with an announcement that he is worse than an unclean bird which takes care of its offspring. All this applies to a man who is poor and can’t afford to support his children. If he can, however, afford to do so, and nevertheless refuses, he is forcibly required to support them until they grow up and are able to fend for themselves.
My uncle makes note to see Shulchan Aruch, Even Ha’ezer 71:1, where this same halacha is repeated. In fact, the Shluchan Aruch adds a further caveat. It states that a father must support his children even if they were left an inheritance from their grandfather (their mother’s father). Thus, we see how halacha regards the responsibility to support one’s young children.
(To be continued)