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 mishnah 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. We also went through the eight levels of charitable giving and noted the importance of maintaining the right temperament when giving charity.
We cited from a related article by my uncle HaRav Sholom Klass, zt”l. He was asked, “Until what age is a father to support his children and may he use his charitable donations for their support as well as paying for their Torah education?” He cited the Gemara to the effect that one must support them until age six; if he is wealthy, he must support them after that as well. The Rambam, based on the Gemara, notes that a father who refuses to support them should be shamed into doing so.
Rabbi Sholom Klass also discussed supporting children from one’s charitable funds and cited many authorities who permit doing so. We cited authorities who disagree. Even Birkei Yosef who claims that it is permitted discourages doing so. The Aruch Hashulchan claims that one who deprives the poor of support by using charitable funds for one’s own children. Rabbi Moshe Feinstein notes that social conditions have changed in that children today remain dependent for much longer thus obviating use of ma’aer kesafim for their support.
We cited from Responsa Me’ah She’arim, where Rabbi Yitzchak Silberstein relates an incident involving a fundraiser who asked an elderly Rav Dovid Karliner for funds for the famed Navharodoker Yeshiva. After having received the elderly gaon’s donation he was caught by surprise when the gaon offered to give him another donation, having forgotten that he had just, moments earlier, given him money.
Last week, we cited the Rambam (to Avot 3:5) who writes that merits are attained according to the number of one’s deeds. Thus, giving a small sum to many poor people is better than giving one large sum to one needy person. The Chofetz Chayim adds that acting in this manner accustoms a person to giving charity.
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In light of the Chofetz Chayim’s explanation, it seems evident that one must give charity to a poor person even if he comes asking for money 100 times. He must do so because the principle is the same; in both instances (giving to a 100 people and giving to the same person 100 times), he is battling his yetzer hara.
Rabbi Yitzchak Silberstein cites the Sefer Ma’aseh Ish (vol. 4 p.138), in which the Chazon Ish asks: Is one required to give a needy person who comes by numerous times during the day asking for money? He answers as follows: If the giver has the wherewithal and the receiver is in need, he surely must give him. (Our sages, however, note that “hame’azvez al yevazvez yoter mi’chomesh – a person who gives charity should not give more than a fifth of his income lest he himself become dependent on others” [Ketubot 50a].)
Yet, even though a person is directed to give a poor individual money 100 times, it is not proper for a poor individual to approach the same person numerous times seeking a donation since there are other needy individuals who won’t be able to benefit from this person’s charity if he takes so much money from him.
Rabbi Sliberstein also notes from Sefer Ma’aseh Ish (vol. 4 p.560) that his brother-in-law Rabbi Chaim Kanievsky likewise stated that a needy person should not approach the same person for money numerous times. The Jerusalem Talmud (Pe’ah 8:5) states, “A needy person who travels from one locality to another is given his meal requirements for that day [even though he is not resident in that locality].” R. Abba b. R. Abba b. Mamal asked Rabbi: “What is the law in the case of a needy person who left the city and then returned [and he has already received his meal requirements]? Is there a requirement to give him yet another portion?” The response: “The one who gives is to give but the one who receives is to be wary for himself.”
This passage indicates that a needy individual should not take from the same communal plate over and over again. Perhaps the Gemara states that “the one who receives is to be wary for himself” because it is obvious in this instance that the person who takes from the communal plate many times is depriving other poor people of their share since the communal plate has a limited amount of funds (as opposed to a private person who may be extremely wealthy and have enough money to give this person and everyone else who asks him for money numerus times.)
To return to the case of the elderly scholar who suffered memory lapses, it seems clear that taking advantage of him is a form of g’neivat da’at. Thus, someone in such a situation should remind the person that he already gave him money so that the person can make an informed decision whether to give him more money. If the person wishes to contribute yet another time, he is blessed.
(To be continued)