Question #1:
There is a knock on my door, and I am face-to-face with someone holding a letter from the local Vaad Hatzedakah. The letter introduces him as an individual in need of surgery but without medical insurance to pay for it. How much should I give him?
Question #2:
The mailman’s daily delivery brings a solicitation letter from an internationally renowned yeshivah. How large a check should I place in the return envelope?
Question #3:
My neighbor has been out of work for a while. The family is embarrassed to ask for help, but I know that they are hurting terribly. There is a discreet way of helping them whereby they will never find out the source of the money. How much should I give them?
These are shaylos we face daily. Do we know the halacha guidelines how much to give? Although an article cannot provide the answers to every shaylah, this article and the next one are intended to provide general direction and guidance for these common situations.
Let us first reflect on the importance of giving tzedakah. When we give tzedakah we emulate Hashem’s deeds, since He is constantly giving tzedakah. It is for this reason that “whoever has mercy on the poor, Hashem will have mercy on him” (Shulchan Aruch, Yoreh Deah 247:3; see Shabbos 151b). When a person listens to the supplication of the poor and gives him tzedakah, Hashem listens to him and provides him with parnasah (Rema, Yoreh Deah 247:3). A person should always realize that as much rachmonus as he has on others, that is how much mercy Hashem has on him. This is why tzedakah tears up any evil decree (Rosh Hashanah 16b).
In addition, giving tzedakah is rewarded monetarily, so one does not lose by giving tzedakah. As the Rambam teaches us, “No one ever became poor from giving tzedakah, nor did anything bad or any harm come from it” (Rambam, Matanos Aniyim 10:2; Shulchan Aruch, Yoreh Deah 247:2). Someone who gives ten percent of his income to tzedakah will be rewarded with wealth. Yitzchak Avinu distributed ten percent of his profits to the poor and was rewarded by receiving back one hundred times what he gave (Pirkei DeRabbi Eliezer #33). Do the arithmetic! How many investments pay back a 10,000% return, which is what Yitzchak received!
Before we deal with specific halachic cases, we need to explain some of the concepts of the laws of tzedakah. Because of the complexities and importance of the issues involved, this week’s article will deal primarily with the principles of hilchos tzedakah, whereas next week’s article will focus on practical applications.
HOW MUCH ARE WE REQUIRED TO PROVIDE A NEEDY PERSON?
Once a person qualifies to receive tzedakah, the Torah requires us to provide him with all of his needs. What is included in his needs? It certainly includes his basic living necessities of food, adequate clothing, and a proper place to live. It also includes enabling him to get married and set up a household with all its necessities (hachnasas kallah). And it also includes providing whatever he was used to when he was in a better financial situation.
DEI MACHSORO
People find surprising that we are required to provide someone who is needy with items that other people consider luxuries. This halacha is derived from the following pasuk: “When one of your brethren will be needy … do not harden your heart and do not close your hand from your needy brother. However, open your hand and give him as much as he lacks, whatever he is lacking” (Devarim 15:7,8). This pasuk closes with a very obvious redundancy, which teaches that “as much as he lacks,” “dei machsoro,” includes even what to other people is not considered something “lacking.” This is the source for the story in which Hillel provided a pauper who came from a wealthy family with a servant to run before him since this was the accepted lifestyle he grew up with (Kesubos 76b). On the other hand, the halacha states that there is no requirement to make someone wealthy.
What is the difference? If he was once a man of legitimate means and became used to a certain lifestyle, he feels impoverished to live on a significantly diminished financial level. But I have no responsibility to provide him with a lavish lifestyle that he was never accustomed to.
THE COMMUNITY TZEDAKAH FUND
In earlier generations, every Jewish community had a system of providing for the poor. The community appointed “gabba’ei tzedakah” who were empowered to make weekly collections for the local tzedakah needs. These gabba’im evaluated how much each member of the community should give (according to his means), assessed him, and collected the moneys (Rambam, Matanos Aniyim 9:1; Shulchan Aruch, Yoreh Deah 156:1). Someone who felt the gabba’im assessed him more than he could afford could challenge their decision in a beis din.
Obviously, the gabbai’s job was not a pleasant one, yet it was absolutely necessary. For this reason, only the finest people were chosen for this position (see Pesachim 49b; Bava Basra 8b). This is also why Chazal say, “Gadol hame’aseh yosair min ha’oseh,” “the one causing others to give tzedakah is greater than the person giving the tzedakah” (Bava Basra 9a).
One of the unfortunate results of our galus is that we no longer can enforce the authority of the gabba’ei tzedakah. For this reason, tzedakah organizations are dependent on voluntary contributions. One result of this situation is that the community’s tzedakah needs are almost never met adequately, and the needy are almost never provided with “dei machsoro.” Thus, those in charge of distributing tzedakah funds are often placed in the unenviable position of having to decide how much to give each individual. Deciding tzedakah priorities with limited resources is a lengthy halachic discussion.
It should be noted that the gabba’ei tzedakah were responsible primarily to provide for local tzedakah needs. If someone came from out of town requesting tzedakah help, he was provided with only a small contribution (Mishnah Peah 8:7; Shulchan Aruch, Yoreh Deah 250:4 and Shach).
IS DEI MACHSORO A COMMUNITY’S RESPONSIBILITY OR AN INDIVIDUAL’S?
Many poskim contend that dei machsoro is primarily the responsibility of the community’s tzedakah fund (Rema, Yoreh Deah 250:1). Others disagree, contending that the individual still has a responsibility to take care of dei machsoro of the needy (Rambam; Bach). However, when the community is not providing dei machsoro, all agree that the individual is responsible for all the poor person’s needs, if he can afford it (Rema). Therefore, if a needy person requests financial help from me and I have the financial means to provide whatever he needs, I am required to. (However, if the poor person is soliciting door to door, I do not have to give more than a minimal donation.) Some poskim rule that if providing dei machsoro is more than twenty percent of my net earnings, I am not obligated to provide all his needs, but only up to twenty percent of my earnings (Rambam, Peirush Hamishnayos, Peah 1:1). I will explain shortly how one calculates “earnings.”
“ANI BIFANAV”
Most of the above discussion is describing a case referred to by the poskim as “ani bifanav,” literally, “a poor person is before him.” This means that I am aware that there are poor people whose needs are not fully provided. In our day, we are always in a situation of “ani bifanav,” since we always know of tzedakah organizations that try to provide for the needy but do not have sufficient funding to provide all their needs. In earlier generations, people did not always have contact with someone who was not provided for. This is referred to as “ayn ani bifanav,” there is no poor person before him. In such a situation, one should set aside money for distribution to tzedakah.
HOW MUCH SHOULD ONE SET ASIDE IN A CASE OF AYN ANI BIFANAV?
Rambam and Shulchan Aruch rule that one should preferably set aside twenty percent of one’s earnings for tzedakah, and that a person who is “midah beinonis,” neither miserly nor overly generous, sets aside ten percent. This latter is what people usually refer to as maser kesafim.
Because of reasons beyond the scope of this article, it is a good idea to state that one is following these practices bli neder. The Chofetz Chayim also suggests making a condition that one is entitled to estimate expenses.
There is a dispute among poskim whether household expenses can be deducted from income before one calculates maaser. Some poskim rule that one may deduct household expenses from income and one only needs to calculate maaser on the net amount that is left (Shu’t Avkas Rocheil #3; Ahavas Chesed 2:18). Others disagree (Aruch Hashulchan, Yoreh Deah 249:7). I advise people to ask their rav or posek what they should do.
SETTING UP A SYSTEM TO GIVE MAASER
The Chofetz Chayim (Ahavas Chesed 2:18) recommends setting up the following system to guarantee that one gives ten or twenty percent of one’s income to tzedakah. Although it involves a bit of bookkeeping, it is definitely worthwhile.
Whenever receiving income, calculate what expenses were incurred in earning this money and write down the amount in the income ledger. In a separate column in the ledger, subtract household expenses. This follows his opinion that household expenses are deductible from the gross of one’s maser calculations.
In a separate place in the ledger, calculates all tzedakah donated, even small amounts placed in a pushka or to someone coming to the door. Include ongoing tzedakah responsibilities such as donations to local institutions.
Periodically make a cheshbon to see whether you gave more or less than maaser. At that time, if one has given less than maaser, put aside the extra money for maaser purposes (Ahavas Chesed 2:18:1).
A BERACHA
Chazal tell us that someone who sets aside a tenth of his income for tzedakah is rewarded with a beracha of wealth. The Gemara even states that one is permitted to test Hashem to see that this beracha is fulfilled, something that is otherwise strictly forbidden (Taanis 9a). Next week, we will discuss how one “tests” Hashem.
IS IT TRUE THAT ONE SHOULD NOT GIVE TOO MUCH TO TZEDAKAH?
After the destruction of the Second Beis HaMikdash, the Sanhedrin relocated several times and was at one time situated in a town name Usha. While in Usha, the Sanhedrin made several important takanos (permanent rulings). One of these takanos forbade a person from distributing more than twenty percent of his property to tzedakah lest he himself become needy (Kesubos 50a). This ruling is referred to as the “Takanas usha.”
[The Chofetz Chayim (Ahavas Chesed 2:20:5) points out that this takanah implies that one should never spend more than twenty percent of one’s savings on any item. (Presumably, one’s residence is an exception.) If Chazal ruled that one may not spend more than twenty percent of one’s property for tzedakah, one certainly should not spend this much for any other purpose. Furthermore, one should avoid purchasing luxury items, since it is easy to become accustomed to an expensive lifestyle. Unfortunately, this may result in having difficulty purchasing the necessities of life, as we often see happen.]
A superficial understanding of the Takanas Usha might cause someone to reach an inaccurate conclusion. One might think that a wealthy individual may not give more than one-fifth of his property to tzedakah because he may become needy himself. Is this so? Is someone with considerable wealth not permitted to give away more than twenty percent of what he owns? Is this what was intended by the Takanas Usha.
The Chofetz Chayim (Ahavas Chesed 2:20:1,3) explains that this is a misunderstanding. Since the reason for the takanah was to make sure that someone does not become destitute, it applies only to someone whose income does not provide generously for his family. However, someone who has a job or business that provides adequately for his family is permitted to give everything above his needs to tzedakah, even if it is more than twenty percent of his income or holdings.
The following story bears out this ruling. In the days of King Munbaz, there was a drought, and he distributed the entire royal treasury, accumulated over generations, to the poor. His family members protested, saying that his predecessors had all increased the wealth of the monarchy and King Munbaz was disbursing it. Munbaz responded, “My ancestors stored below and I stored above. They stored their wealth in a place where it could be stolen and I stored in a place from where it cannot be stolen. They stored items that do not reproduce and I stored items that produce profits. They stored money and I stored lives. They stored for others, and I stored for myself. They stored for this world and I stored for the next world” (Bava Basra 11a). Thus, we see that it is permitted for someone wealthy to give away more than twenty percent of his income for tzedakah needs.
There are a few other instances when it is permitted to give more than twenty percent to tzedakah. As mentioned above, one case is where someone else’s dei machsoro is greater than twenty percent of my income, assuming that I can provide his dei machsoro without being hard-pressed to take care of my family’s needs (Rambam, Matanos Aniyim 7:5; Shulchan Aruch, Yoreh Deah 250:4; Ahavas Chesed 2:19). If paying the poor person’s needs will make me hard-pressed to provide for my family, I am not required to pay “dei machsoro.”
YISSACHAR-ZEVULUN PARTNERSHIP
Another case where I am permitted to give away more than twenty percent of my income is if I commit myself to a Yissachar-Zevulun partnership. This means that I commit myself to support someone so that he can learn Torah.
The Tribe of Zevulun provided for all of Yissachar’s financial needs, and they became partners. Zevulun provided half his income to Yissachar and Zevulun received half the reward. In a true Yissachar-Zevulun partnership, the person learning Torah is provided half the profits of the business and the businessman is provided with half the reward in Olam Haba for the learning (Midrash Rabbah, Bamidbar 13:17; Shach, Yoreh Deah 246:2). This can be done whether or not one has a business. Thus, the Zevulun partner commits himself to provide far more than twenty percent of his disposable income to support the learning of Yissachar.
The Midrash declares, “Why did Zevulun merit to be the third tribe to offer korbanos at the dedication of the mishkan? Because they treated the Torah dearly and spent money lavishly on Yissachar, thus enabling Yissachar to be totally devoted to learning.” As a result, in the course of time, Yissachar produced two hundred heads of the Sanhedrin, and Zevulun was given the credit (Midrash Rabbah, Bamidbar 13:17).
Anytime someone provides money to enable others to learn Torah, he receives tremendous reward for the support of Torah learning. The unique feature of a Yissachar-Zevulun relationship is that the profits for the business are also divided equally. However, even if someone is not involved in a formal Yissachar-Zevulun relationship, he may donate over twenty percent of his income to Yeshivos, Chadarim, Kollelim, or talmidei chachamim (Ahavas Chesed 2:20:4).
PIKUACH NEFASHOS
If someone is collecting money for a pikuach nefashos situation, the Takanas Usha does not apply, and one may contribute over twenty percent (Aruch Hashulchan, Yoreh Deah 249:5).
OTHER EXCEPTIONS
A person who is terminally ill is permitted to give away tzedakah money without being limited by the Takanas usha. The Gemara tells us that Mar Ukva, who was known as a big baal tzedakah, knew that he was terminally ill. He asked that he be brought his tzedakah calculations, which amounted to the fantastic sum of 7000 dinarim. His response was “such a small amount prepared for such a long way,” and he gave away half of what he had left. The Gemara asks how was he permitted to give away so much to tzedakah; one is not permitted to give away more than a fifth of one’s property to tzedakah? The Gemara answers that the Takanas Usha was established so that one not become needy later in life. However, it is permitted to donate large sums of money immediately prior to one’s demise (Kesubos 67b; Rema, Yoreh Deah 249:1). For this reason, a person is permitted to give away in his will a large percentage of his property to tzedakah. In a different article I discussed how one does this in a way that is halachically effective.
I HAVE EXCEEDED MY LIMIT
What should I do if my family’s responsibilities are great and I simply cannot afford to give significant money to someone soliciting me. Even if I am not obligated to give him more because I have already exceeded my limit, I should try to give him a token contribution. If I am solicited for a donation that is beyond my means, I should tell the solicitor how badly I feel that I cannot give him an appropriate amount, but try to make him feel good and give him a small contribution (Shulchan Aruch, Yoreh Deah 249:4). If possible, try not to turn someone away completely empty-handed.
In part II of this article, I will continue with practical applications of tzedakah based on these principles, and we will address the questions at the beginning of our article.
