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 also 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.
Finally, last week, 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.
* * * * *
The Mechaber (Yoreh De’ah 249: 2, based on R. Asi, Bava Batra 9a) states: “A person should not give less than a third of a shekel over the period of a year and if someone gives less than that amount he has not fulfilled the mitzvah of tzedakah.”
In the Gemara, R. Asi derives this rule from a verse in the Prophets (Nechemia 10:33), “V’he’emadnu aleinu mitzvot la’tet aleinu shlishit ha’shekel ba’shanah la’avodat beit Elokeinu – We also instituted commandments upon ourselves to give one third of a shekel yearly toward the service of the Temple of our G-d.”
Since this amount was given annually, it obviously was a substantial sum. How much, though, does this amount translate into today’s dollars? Earlier, we cited the Mechaber’s ruling (supra 249:1) that a person must give a tenth of his holdings to tzedakah. Thus, the amount that one must give is clear.
The Shach (Rabbi Shabbetai Kohen 1621-1662, ad loc. 249:4) – after arriving at the conclusion that a third of a shekel is equivalent to one zloty – notes that in order to ensure that everyone met his yearly amount, the gabbai tzedakah (in his locale) would make the rounds in the synagogue on Mondays and Thursdays to collect money. Over the course of a year, every person would wind up giving at least a third of a shekel. This minhag, he writes, is proper.