Does Tzedakah Have a Limit?
Halacha Talk
By Rabbi Yirmiyohu Kaganoff

There is a knock on my door, and I find myself face-to-face with a stranger holding a letter from the local Vaad HaTzedakah. The letter testifies that he needs surgery but has no medical insurance to pay for it. How much should I give him?

The mailman’s daily delivery includes a solicitation from an internationally renowned yeshivah. How big a check should I place in the return envelope?

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. I can help them discreetly without them ever discovering the source of the money. How much should I give them?

These are shaylos that we face daily. Do we know their halacha guidelines? 

Before discussing any details, we should briefly consider the importance of giving tzedakah. When we give tzedakah we emulate Hashem’s deeds, since He constantly showers us with tzedakah. This is why Chazal say that “whoever has mercy on the poor, Hashem will have mercy on him” (Shulchan Aruch, Yoreh Deah 247:3; see Gemara Shabbos 151b). When a person listens to the poor man’s plea and gives him tzedakah, Hashem will listen to the donor’s prayers and provide him with parnasah (Rama, Yoreh Deah 247:3). A person must always realize that as much rachmanus as he has on others, Hashem will have on him. This is why tzedakah nullifies any evil decree (Gemara Rosh Hashanah 16b).

In addition, Hashem rewards the giving of tzedakah monetarily; therefore, no one loses 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. Indeed, Yitzchak Avinu who distributed ten percent of his profits to the poor was rewarded with one hundred times what he gave (Pirkei D’Rabbi Eliezer #33). How many investments do you know of that pay back the 10,000 % return that Yitzchak received!

Before dealing with specific halachic cases, we must explain some of tzedakah’s basic rules. Because of their complexity and importance, this week’s article will deal primarily with the principles of hilchos tzedakah and next week’s article will focus on their practical applications.

HOW MUCH MUST WE GIVE A NEEDY PERSON?

Once a person qualifies to receive tzedakah, the Torah requires us to provide him with his entire needs. What does this include? It certainly includes his basic living necessities of food, adequate clothing and a proper place to live. If he or she is not married, it also includes enabling him or her to get married, including setting up a household with all its necessities (hachnasas kallah). It even includes providing the poor person with whatever he was accustomed to when he was in a better financial situation. 

DEI MACHSORO

People find it surprising that we have to provide a needy person with items that other people consider luxuries. This halacha is derived from the following pasuk: “When one of your brethren is 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). The pasuk closes with an obvious redundancy (“as much as he lacks, whatever he is lacking”) that teaches that we must provide him with “as much as he lacks,” “dei machsoro,” even if other people without this item would not be considered “lacking.” We are all aware of the story of Hillel providing a pauper from a wealthy family with a servant to run before him since this was the lifestyle that the pauper grew up with (Gemara Kesubos 76b). 

THE COMMUNITY TZEDAKAH FUND

In earlier generations, every Jewish community had a system of providing for the poor. The community appointed “gabbayei tzedakah” who were empowered to make weekly collections for local tzedakah needs. These gabbayim evaluated how much each member of the community should give (according to his means), and collected the money (Rambam, Matanos Aniyim 9:1; Shulchan Aruch, Yoreh Deah 156:1). Someone who felt that the gabbayim had assessed him for more than he could afford could challenge the assessment in a beis din. If the gabbayim collected more than necessary, they would then use the money to pay for the wedding and related expenses of an orphan girl (Shulchan Aruch, Yoreh Deah 249:15). If they know no one who met these needs, they needed to put the money aside for future tzedakah expenses. If they could not raise as much as they required, they would be unable to meet the community responsibility of providing dei machsoro for all the needy.

As one can well imagine, the gabbay’s job was not a pleasant one, though it was absolutely necessary. This is why only the finest people were chosen for this job (see Gemara Pesachim 49b; Bava Basra 8b), and this too is why Chazal say, “Gadol hame’aseh yosair min ha’oseh,” “Greater is the person who makes others give tzedakah than the person who gives the tzedakah,” (Bava Basra 9a).

One of the unfortunate results of our galus is that we can no longer enforce the authority of the gabbayei tzedakah and therefore tzedakah organizations are now dependent on voluntary contributions. The unfortunate result of this is that the community’s tzedakah’s needs are never adequately met, 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 complicated halachic issue.

It should be noted that the gabbayei tzedakah were primarily responsible for providing the local tzedakah needs. If someone from out-of-town requested tzedakah, he was provided with only a small contribution (Mishnah Peah 8:7; Shulchan Aruch Yoreh Deah 250:4 and Shach).

TRAVELING ANI

One does not have to give a poor person who is traveling from place to place more than a minimum donation (Mishnah Peah 8:7; Shulchan Aruch, Yoreh Deah 250:3,4). However if he is a respected person, one should provide for him appropriately.

IS DEI MACHSORO AN INDIVIDUAL OR COMMUNAL RESPONSIBILITY?

Many poskim contend that dei machsoro is primarily the responsibility of the community’s tzedakah fund (Rama 250:1). Others contend that the individual still has a responsibility to take care of dei machsoro of the needy (Rambam; Bach). However, when the needy individual is not being supplied with what he needs by the community, everyone agrees that individuals are responsible for taking care of the poor person’s needs (Rama). Therefore, if a needy person requests my financial help and I have the financial means to provide for all his needs, I am required to do so. (However, if the poor person is soliciting door-to-door, I do not have to give more than a minimal donation, see Mishnah Peah 8:7 and Shulchan Aruch, Yoreh Deah 250:3,4. However, if he is a respected person one should provide for him appropriately.) Some poskim rule that if providing dei machsoro requires more than twenty percent of my net earnings, I am not obligated to provide more than twenty percent of my earnings (Rambam, Peirush Hamishnayos Peah 1:1). The way to calculate “earnings” will be explained shortly.

“ANI BIFANAV”

Most of the above discussion relates to the case that the poskim call “ani bifanav,” literally, “the poor person is before him.” In other words, I am aware of certain poor people whose needs are not fully provided. In our day we are always in the situation of “ani bifanav,” since we always know of tzedakah organizations that are trying to provide for the needy but have insufficient funding to provide for all their needs. In earlier generations, however, people did not always have contact with someone who was not provided for. This situation was referred to as “ayn ani bifanav,” there is no poor person before him. In such a situation, money should still be set aside for distribution to tzedakah (see Shu”t Yaavetz #3).

HOW MUCH SHOULD ONE SET ASIDE IN A CASE OF AYN ANI BIFANAV?

Rambam and Shulchan Aruch rule that in this situation one should preferably set aside twenty percent for tzedakah, and that a person who is “midah beinonis,” neither miserly nor overly generous, should set aside ten percent. 

HOW TO GIVE MAASER

The Chofetz Chayim (Ahavas Chesed 2:18) suggests 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.

Due to reasons beyond the scope of this article, it is a good idea to state verbally that one is following the practice of maaser bli neder. The Chofetz Chayim also suggests making a condition that one is entitled to estimate one’s expenses. We will soon see why he makes the second condition.

The method of calculating maaser is as follows:

Whenever one receives income, one calculates the expenses incurred in earning this money, subtracts the expenses from the income and writes down the remaining amount in one’s income ledger. 

MAY ONE SUBTRACT HOUSEHOLD 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 only needs to calculate maaser on the net amount that is left (Shu”t Avkas Rocheil #3; Ahavas Chesed 2:18). Others disagree, contending that if one deducts household expenses then many people will never be obligated to give any tzedakah (Birkei Yosef 249:5; Aruch HaShulchan 249:7). For a final decision ask your rav. 

A separate place in the ledger is devoted to calculating all tzedakahs donated, even small amounts placed in a pushkah or at the door. One certainly includes ongoing tzedakah responsibilities and donations to local institutions. 

Periodically make a cheshbon to see whether you gave more or less than maaser. Then, if you gave less than maaser put aside the extra money for maaser purposes. In the interim, you may borrow that money you put aside for your own needs (Ahavas Chesed 2:18:1).

When calculating to give a fifth, one should first calculate the maaser, and then double it. There is a metaphysical reason why it is advantageous to calculate the two “tenths” separately rather than as one fifth (Birkay Yosef).

A BRACHA

Chazal tell us that someone who sets aside a tenth of his income for tzedakah is rewarded with wealth. The Gemara even states that one may test Hashem to see whether this bracha is fulfilled, something that is normally strictly forbidden (Gemara Taanis 9a). We will discuss next week IY”H how one “tests” Hashem.

IS IT TRUE THAT ONE MAY NOT GIVE MORE THAN A CERTAIN AMOUNT TO TZEDAKAH?

After the destruction of the Second Beis HaMikdash, the Sanhedrin relocated several times and was once 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 (Gemara Kesubos 50a). This ruling is referred to as the “Takanas Usha.”

[The Chofetz Chayim (Ahavas Chesed 2:20:5) points out this takanah implies that one should never spend more that twenty percent of one’s savings on any item. (Presumably, one’s residence is an exception.) After all, 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 be careful to avoid purchasing luxury items, since it is very easy to become enslaved to an expensive lifestyle. Unfortunately, this sometimes results in having difficulty purchasing the necessities of life, as we often see happen.]

A superficial understanding of the Takanas Usha can lead one to strange (and inaccurate) conclusions. Reading the Takanah literally, it seems that even a wealthy individual may give no more than one-fifth of his property to tzedakah because otherwise he may become needy himself. But why should this be so? If he has considerable savings, perhaps even more than he can figure out how to spend in a lifetime, why is he forbidden to give away more than twenty percent of what he owns? Surely, this cannot be the intent of Takanas Usha.

The Chofetz Chayim (Ahavas Chesed 2:20:1,3) explains that this is a misunderstanding of the Takanas Usha. Since the rationale of 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. But someone whose job or business provides adequately for his family may give everything above his needs to tzedakah even if it is more than twenty percent of his income or holdings (cf. Shu”t Igros Moshe, Yoreh Deah 4:37). 

The following story from Chazal bears out this ruling. There was a drought in the days of King Munbaz (one of the Chashmonayim kings) and he distributed the entire royal treasury that had been accumulated over several generations to the poor. When his family members protested that his predecessors had all added to the monarchy’s coffers and he was emptying them, 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 it in a place from where it cannot be stolen. They stored items that produce no profits and I stored items that produce profits. They stored money and I stored lives. They stored for others, and I stored for myself” (Gemara Bava Basra 11a). This proves that it is permitted for a wealthy person to give away more than twenty percent of his income for tzedakah needs (Birkay Yosef 249:2).

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’s dei machsoro is greater than twenty percent of the donor’s income (Rambam, Matanos Aniyim 7:5; Shulchan Aruch, Yoreh Deah 250:4; Ahavas Chesed 2:19). This is assuming that one can provide dei machsoro without being hard-pressed to take care of one’s family’s needs. If paying the poor person’s needs will make one hard-pressed to provide for one’s family, one is not required to give “dei machsoro.” 

YISSACHAR-ZEVULUN PARTNERSHIP

Another case where I may 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 just as the Tribe of Zevulun provided for all of Yissachar’s financial needs and become their partners. Zevulun provided half their income to Yissachar and received half Yissachar’s reward in return. In a true Yissachar-Zevulun partnership, the person learning Torah is provided with 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 also be done without a business. We see that 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 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, Yissachar eventually produced two hundred heads of the Sanhedrin and Zevulun received the credit (Midrash Rabbah, Bamidbar 13:17).

Whenever someone provides money to enable others to learn Torah he receives tremendous reward. However, the unique feature of a Yissachar-Zevulun relationship is that the business’s profits and learning are divided equally. Nevertheless, even someone who is not involved in a formal Yissachar-Zevulun relationship may donate over twenty percent of his income to Yeshivos, Chadarim, Kollelim or talmidei chachamim (Ahavas Chesed 2:20:4; see Shu”t Igros Moshe, Yoreh Deah 4:37).
 
Someone may set up several businesses, each of which is set up for the benefit of a different talmid chacham. Alternatively, someone may undertake to support fully several talmidei chachamim in a respectable fashion which is also a Yissachar-Zevulun partnership even if the “Zevulun” does not give each of the talmidei chachamim half of his profits (Shu”t Igros Moshe, Yoreh Deah 4:37).

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 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 when Mar Ukva, who was known as a big baal tzedakah, knew that he was terminally ill, he asked for his tzedakah calculations that amounted to the fantastic sum of 7000 dinarim. 

Declaring, “Such a small amount prepared for such a long way,” he promptly gave away half of what he had left. The Gemara asks why he was allowed to give more than a fifth of his property to tzedakah and answers that Takanas Usha was established so that one should not become needy later in one’s life. Therefore, it is permitted to give away large sums of money immediately before one’s demise (Gemara Kesubos 67b; Rama, Yoreh Deah 249:1). Similarly, a person may bequeath a large percentage of his property to tzedakah in his will. In a previous article we discussed how one does this in a way that is effective halachically. Based on the story of Mar Ukva, some poskim rule that one should not give away more than fifty percent of one’s estate, but leave the rest for one’s heirs (Aruch HaShulchan, Yoreh Deah 249:1). 

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 who needs tzedakah. The rule is that I should never turn anyone away empty-handed. Even though I am not obligated to give him significant moneys because I have already exceeded my tzedakah limit, I should still give him a token contribution. If I have absolutely nothing to give him, I should make certain to leave him with a positive feeling.

Thus, in such a situation I should tell the tzedakah collector how bad I feel that I cannot give him an appropriate amount, but try to make him feel good and, if possible, give him a even small contribution (Yoreh Deah 249:4).

Next week, we will IY”H outline the practical applications of the principles we just discussed.