In response to the request for Educational resources on charitable giving that appeared in the last Lookjed digest, Nachum Amsel submitted material from his Encyclopedia of Jewish Values published by Urim (2015) - [
www.urimpublications.com]
As I noted in my Bookjed review of the book when it was first published -
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Following on his Jewish Encyclopedia of Moral and Ethical Issues that covered more than 70 different topics, this new work - which includes 40 additional topics - is the first of four planned volumes in this series. The author states clearly that he recognizes that his presentation will not be a comprehensive examination of each of these subjects, but that a general overview will give the reader a taste of the traditional Jewish view on the topic under discussion. A full list of the topics that appear in this volume appears at [
www.urimpublications.com].
Of specific interest to the Jewish educator is Amsel's care in bringing all source material, with references in English in the primary text and in the original Hebrew in a 200+ page appendix at the back of the volume. This offers the reader ready-access to the sources, which allows them to examine the background material and use it as a springboard for further research.
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For more information, Dr. Amsel can be contacted at
namsel@netvision.net.il
To give readers a sense of the work, I am sharing one of the chapters that was submitted (full Hebrew sources appear in the book itself). We will return to our “regularly scheduled programming†in the next Lookjed digest.
With Isaiah 1:27 in mind (connecting Zion and Charity) I would like to wish you all a “Yom Yerushalayim Same’ah!â€
Shalom
Educational resources on charitable giving (Amsel) (Back to Top)
TZEDAKA: MORE THAN CHARITY
Jews have always given Tzedaka-charity in much greater proportions than their population percentage would indicate. The Talmud says that this giving is an inherent characteristic of the Jewish personality (this does not mean that non-Jews are not charitable, but it is more endemic to the Jewish psyche). The UJA-Federation, the umbrella Tzedaka organization for American Jewry, is one of the largest, if not the largest, single charitable organization in the United States, despite the fact that Jews represent less than two percent of the American population. Jews of all economic also give a far greater percentage of their income than all other groups, dispelling the notion that it is because of perceived Jewish wealth that Jews are such large donors.
Why is this so? What is it that is so important about this particular Mitzvah-commandment that it is ingrained within the Jew? Why should any people give any of their hard earned money to anyone else at all, especially in the "Me" generation of today? In addition to these general questions, there are other, more pragmatic issues and questions about Tzedaka-charity giving that need to be discussed, especially since most Jews, although charitable, are not aware of them. For example, who and which organizations should be given priority in Tzedaka-charity giving? What percentage of one's earnings should be given to which organization, and how are those earnings figured? What is the preferred method of giving the Tzedaka-charity? Since Tzedaka-charity is so important to Judaism, the sources have addressed these and other issues at length.
IMPORTANCE OF TZEDAKA-CHARITY
It is no accident that Jews have always attached special significance to this Mitzvah. A survey of the sources certainly attests to its importance. For example, the Talmud says that Tzedaka-charity is the strongest force in the entire world, able to overcome all other forces. Maimonides implies that this Mitzvah is more important than all other (positive) Mitzvot, saying that Jews must be most careful in carrying it out properly. He continues and explains that this is the symbol of the very first Jew, Abraham, and has been passed down to all generations of Jews since. Anyone who does not fulfill this one Mitzvah of Tzedaka-charity is called a sinner and a wicked person. The Talmud says that giving Tzedaka-charity is preferable to bringing all the sacrifices in the Temple combined, based on the verse that specifically says that Tzedaka-charity is preferred over the sacrifices.
Tzedaka is one of the three actions in the world that can reverse the evil decree, based on the verse that says that Tzedaka has the power to save a person from death itself. The Talmud also says that Tzedaka-charity is equal to all of the other 613 Mitzvot combined. It also stats that each time a person gives Tzedaka-charity it is as if he or she has personally received the Divine Spirit, and that Tzedaka-charity helps bring the redemption.
Tzedaka-charity is unique in that it is the only Mitzvah in Judaism that can be done conditionally. While a Jew cannot say that I will keep Shabbat only if I get a certain job, for example, since Sabbath observance is obligatory for a Jew. But he or she can indeed say that I will give this amount to Tzedaka-charity if I get a certain job (or any other conditional statement), and need not give that amount if the job does not come through. Of course there is a minimum amount of Tzedaka-charity that everyone must give regardless, but beyond this minimum, conditional Tzedaka-charity is allowed, and there is nothing else in Judaism that is parallel to this. (see chapter “How Tzedaka is Different from Every Other Commandment†for a deeper analysis of this issue.)
The Gabai of Tzedaka (the person who is charge with the administration of the community's Tzedaka-charity) is compared to the stars. Maharsha explains the comparison by saying that just as the stars have impact on the world although they are not always seen, the distributor of Tzedaka-charity has an impact upon the world, although that person is rarely seen. We might expand this concept to include all givers of meaningful Tzedaka-charity, who affect and change the world for the better, long after their initial act of giving ceases, and they have eternal impact without being seen. Perhaps that is also how we may also understand the statement that Tzedaka-charity saves a person from death, in that he or she remains alive through the impact of giving Tzedaka-charity. A person can indeed attain "immortality" if the effect of Tzedaka-charity giving continues after a person's physical life ceases. Rashi alludes to this when he says that, like children, the kind acts of the righteous, are eternal since, like children, they continue to represent a person even after death. (see chapter of Purpose of Life for a fuller discussion of this theme).
JEWISH TZEDAKA IS NOT CHRISTIAN CHARITY
The use of the hyphenated words Tzedaka-charity indicate an equivalent between Tzedaka and charity, and for those unfamiliar with either the Hebrew word or the concepts of Tzedaka, it might indeed appear very similar. However, from the psychological and philosophical viewpoints, they are quite different. One only needs to begin by analyzing the two different words to see a vast difference. The word charity comes from the Latin caritas, similar to the French cheri, which means love. In a similar vein, the word philanthropy is derived from the Greek Philo, which means love and Throp, which means man. Thus, philanthropy means love of man. Therefore, the non-Jewish or Christian basis of charity is love. When I feel compassion for an unfortunate person, I give charity.
The Jewish word, Tzedaka, comes from the Hebrew Tzedek, which means righteous, justice or the correct thing to do. The Jew, then, must give Tzedaka because it is the proper and right thing to do, not because he or she has a particular feeling for the recipient. One very practical difference would be the case of an insulting, cursing, foul smelling beggar who demanded charity. It certainly would be hard to feel any love or compassion for such an individual. Nevertheless, Judaism obligates the Jew to give this person Tzedaka.
Where does the Jewish obligation to give Tzedaka originate? Why can't the Jew say if the person is foul mouthed I will not reward such behavior? Why can't the Jew say, "I worked for my money, and he should work for his." The response to this claim is that it is not the Jew's money to begin with. God clearly says that all the money, gold and silver in the world belongs to Him, and not to man. The Psalmist says that everything in the world belongs to God, implying that nothing belongs to man. Therefore, in the act of Tzedaka, a Jew is giving back to God what is already His. This is exactly what the Mishna teaches, based on the verse in Chronicles. Since it is His to begin with, He tells people to give back a small percentage and then they can use the rest (which still belongs to Him) for their personal needs and wants. Therefore, Jews are obligated to give because it is not their money at all, and God makes their retaining the other 80-90% conditional upon giving the other 10-20% to Tzedaka. It is for this reason that some Jewish people have opened special Tzedaka bank accounts where they take off a percentage of their income before it even enters their bank accounts. In addition to the psychological advantage (the person does not feel that he is taking money out of his or her pocket), it is actually the more correct way to behave on a philosophical level as well, since the money never belongs to that person. We can now understand why a Jew must give to that unkempt, cursing poor person, irrespective of feelings -- God, the owner of the money, told them to give. The Abarbanel says that Jews must look at themselves like a broker, handling someone else's money. When it is their job to use someone else's funds, they must be very careful about every decision they make in regard to how the monies are invested and spent. If the owner tells them to invest it in one particular manner, they must adhere to his or her request or the owner will take away the money and use another broker. God gives people His money as a broker would, and tells them to invest part of it in Tzedaka. If they do not follow the instructions, the Owner, God, may decide to give these funds to someone else.
This can be understood if we accept the original premise that all earthly materials belong to God. However, that may be challenged as well: why indeed doesn't the money belong to the person? The entire world operates as if money is the properly of the individual who has it, and even in Jewish law, a person cannot rob his fellow man claiming it all belongs to God. If a person works for his salary, why indeed is it not his to do with as he wishes? To understand this, we must discern, from a Jewish perspective, why and how a person earns money at all. There are only three ways to obtain money legally. It either comes from working hard to earn money in business; from luck such as a lottery; or from an inheritance or gift. If a person works for his or her money, it is easy to say that the money was obtained because of the hard work. But we all know many people who work just as hard or harder than others and still earn very little. Why will one hard working person accumulate great wealth while another will not? Thus it is not only the work itself, the toil, which earns a person large sums of money. The wealthy individual was given more talent, a better business sense, the ability to shoot a ball more accurately or greater intelligence, and this provides the advantage that earns him or her more money. Judaism believes that these talents come from God. While it is true that without hard work, these talents would not have developed as much, nevertheless without the talent to being with, all the hard work is meaningless in accumulating money. Thus, Judaism believes that money obtained in this way ultimately is traced back to God.
While society looks at the person who is "lucky" enough to win the lottery or be in the "right place at the right time" as a function of chance, Judaism does not believe in chance, but believes that God, for some unknown reason, wanted this person to have this money. Once again, the money can be traced back to God's wishes. Finally, an inheritance or gift is only one step removed from the previous situations, since it originally was earned either because of talent (and hard work) or due to "luck." Thus, all (legally) accumulated money in this world, is due, in some way, to God. Therefore, when He asks that we give back 10-20%, we have more than a moral obligation to do so, we have a legal obligation, since it really is His.
WHY HAVE POOR PEOPLE AT ALL?
If God indeed wants much of our earned money to go to the poor, why did He not arrange it that these people would have money to begin with? Why have poor people at all? It would be a much better world, with much less hardship. The evil Turnusrufus asked this very question. The answer is that God wants us to be His agents in the world. Part of the mission of man is to continue the creation begun by God (see chapters on Shabbat and Brit Milah for a fuller discussion of this theme). Rabbi Akiva answered this same question in the Midrash that this is the reason is why there are no bread trees, even though almost every culture uses bread as its staple food, and it would have been logical for God to have created bread trees. God wants man to struggle and be creative, going through the arduous 11-step process from plowing to baking. That is part of man's mission, to be creative in the world and complete the Creation God began. Additionally, man is charged with improving the world, as it says, "to perfect the world". Part of this perfection occurs when man tries to even the economic scales a bit by giving Tzedaka. Thus, one of the strangest Torah verses now makes sense. God says that there will always remain poor people in the world and therefore man should open up his hands and give. If poverty will always exist, what good is it to try and give to the poor -- it won't help? However, we can now understand that God is saying because there will always be this condition of world poverty, your mission to improve it will also continue.
HOW TO GIVE TZEDAKA
As important as it is to give Tzedaka as has been shown, the way in which it is given is even more important than the act of giving. It is extremely difficult and embarrassing for any person to have to ask and rely on another human being for subsistence. That is why we pray to God never to put us in a situation where we have to rely on man, but only God. Maimonides says that any person asking for Tzedaka already feels undignified and depressed. Therefore, everything must be done not to compromise this person's dignity further. This is the crucial aspect of giving Tzedaka that is reflected in all its laws.
The eighth rung, the lowest step of giving Tzedaka according to Maimonides is giving with an uncheerful face. Based on Maimonides’ hierarchy of Tzedaka, it can be inferred from the next higher level, giving less than one asks for but with a cheerful face, that this is preferable, according to Maimonides. i.e. to give less than what the person asks or needs but with a happy disposition, than to give the full amount asked for but with an uncheerful expression. Therefore, the attitude and how the Tzedaka is given is more important than the amount given. Maimonides says this outright in a different paragraph.
Each succeeding step of Maimonides’ hierarchy is a function of the dignity of the receiver of Tzedaka. When a poor person knows who gave him or her the Tzedaka but the recipient is unknown to the donor, it is far more dignified for the destitute individual since he or she need not be so embarrassed each time the donor is passed in the street. Yet a degree of shame remains since the receiver will still be aware of the person who gave him each time that person is passed on the street. When the donor knows the recipient, however, but the recipient does not know from whom he or she received the Tzedaka, it is a less shameful situation since the poor person feels no specific embarrassment when passing any individual person. Yet there still remains a smaller measure of general disgrace knowing that someone out there knows that he or she gave this person life's sustenance. Far more dignified is the situation where neither the donor nor receiver knows each other. In this way, there can be no specific embarrassment at all, only the general embarrassment of having to accept Tzedaka. This concept gave the impetus for the invention of the Pushke, the Tzedaka box, in every home, whereby neither the giver or receiver of Tzedaka will ever know about each other.
According to Maimonides, however, the Tzedaka box is not the highest level of Tzedaka, but giving a person a job or loan is. Why would this be preferred over a handout -- it will amount to the same money for the poor person in the end anyway? What makes this a superior method of Tzedaka giving? When a person does a job, he or she feels productive, and is contributing to and not receiving from society. Accepting money for work completed is not embarrassing at all, but rather an act of pride, as people are proud to take a paycheck. Therefore, the dignity factor in receiving this kind of money is extremely high, and is therefore the best method of distributing money to the poor. Similarly, giving a person a loan symbolizes trust by the bank or loaner that the person will pay it back. It is a high mark of self-respect to receive a loan, as many people are denied loans because they are considered a bad risk (The old saying is that a bank will only lend someone money if they can prove that they do not need it). The individuals who take out the largest loans are the richest people in the world, the entrepreneurs who invest in huge projects. Therefore, to receive a loan rather than a handout makes a person feel great about himself, and is thus the highest stage of Tzedaka. Of course, if a person can be fooled into taking a Tzedaka gift by giving him or her a "loan" and not pressing for repayment, that is also a higher form of Tzedaka giving, provided that the person really believes it is a loan and that the individual's dignity is not compromised.
There are many other Jewish maxims and laws which reinforce the idea that the main concept in Tzedaka giving is preserving or raising a person's dignity. The Talmud states that a poor person prefers a cordial reception than money itself. The poor person himself or herself is also commanded to give Tzedaka. Why should this be so? After all, his money came from Tzedaka to begin with. Yet, by giving to another poor man, the dignity of this poor individual is enhanced. Everyone feels better about himself or herself when giving rather than having to receive. In addition, by giving to another indigent individual, the poor person realizes that there is someone else worse off than he (there always is). This realization also helps a person feel better about his or her own situation.
When people had to wait in line for welfare checks, there were many elderly Jews (and non-Jews) who refused welfare money even though they needed it desperately. They refused simply because they felt so undignified having to wait on line to receive money. The United States still has not truly learned the lesson of dignity, as much government surplus food is still distributed today to people waiting on lines. This process embarrasses many people. There was an old custom in Jerusalem (which also had its poor) that addressed this problem. Whenever people ate supper, they would place a "flag" on their doors, indicating that it was dinnertime. Poor people all over the city could then come in and join the families for supper. When the "flags" were removed, dinner was over. Although the same food could have been given to these poor people at a "soup kitchen" or by distributing the same food to the poor at the back door of one’s home, the difference between these types of distribution and coming in to join that family for dinner is immense. No dinner guest feels that he or she is "taking" food from the host family. By treating the poor as equals and as guests, their dignity is not compromised in receiving the food. Once again, it is not the amount that is given, but the manner that is crucial.
Until now we have focused on the dignity of the recipient of Tzedaka. However, the Talmud discusses the best manner in which to give, and that is by not giving at all! If a person can influence another to give Tzedaka, that is better than giving yourself. Once again, this is a function of personal dignity. It is far easier for a person to distribute his own money than it is to convince others that the cause is worthwhile. An individual who can inspire others to contribute feels much better about himself or herself.
WHAT TO GIVE TO, HOW MUCH AND HOW OFTEN?
There is a clear Jewish priority order in who should receive Tzedaka money, which is discussed at length in the chapters on “Triage and Allocating Resources†(this volume)) and “How Tzedaka is Different From All Other Commandments†(in volume 1 of the series). However, the fundamental principles are that the family of a person who needs help takes precedence over everyone else, followed by those in the neighborhood and then those in one's city who require assistance. However, the poor of Israel, especially of Jerusalem, have a special priority. Jerusalem may indeed have the status of one’s hometown. In this day and age, a Jew is also obligated to give to non-Jewish poor and non-Jewish institutions in his town as well. Where these institutions come on the on the hierarchy of priorities is discussed by modern decisors. It is clearly preferable to give directly to a poor person in need (if possible), rather than to Jewish organizations like the UJA-Federation, hospitals, day schools and synagogues, even though each of these institutions helps needy individuals.
How much of one's income should be given to Tzedaka? Although the common misconception is that the optimum number is ten percent, a tithe, the Jewish view is that a person should give twenty percent of one's income to Tzedaka. The ten percent figure is only for average people but not the complete fulfillment of the Mitzvah, while the person who contributes less than ten percent is called a cheapskate. But how precisely is the ten percent figured, i.e. what is considered real income? Are taxes paid deducted from the top? Are mortgage payments and other expenses deductible? When does the Jewish fiscal year commence? Is there a concept of income averaging year to year? All of these questions are discussed by the decisors in order to direct Jews how to properly fulfill this Mitzvah. These discussions are very technical, read like an IRS handbook, and are beyond the scope of this general discussion. (Some of these intricacies are discussed in the chapter “How Tzedaka is Different from Every Other Commandmentâ€)
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It is preferable to give little amounts of Tzedaka each day rather than one large sum occasionally, even if the total amounts are the same. The reason is that each act of Tzedaka is a separate Mitzvah. Each time a person performs a commandment, a new "defender" is set up for the person in heaven. In addition, each Mitzvah and sin a person does is sent up on ahead of him or her to the World to Come. And, as was pointed out earlier, every time a person gives Tzedaka, the Divine Presence rest upon that individual.
MAY A PERSON ASKING FOR TZEDAKA EVER BE REFUSED?
There have been occasions, unfortunately, where individuals have taken advantage of the generosity of others and have tried to defraud donors in charity collection, falsely claiming to be needy or representing organizations that do not exist. This has happened, unfortunately, in the Jewish community as well. What is the correct Jewish approach to a person whom you suspect is not legitimate? May you refuse a donation to this person?
The overriding concern, once again, is preserving the dignity of the truly needy person. Therefore, Maimonides states that a person can never refuse a poor person. Of course, if one is sure that the person requesting funds is a fraud, then you may certainly refuse to give this person. However, when there is some doubt, Maimonides says that if the need is immediate, i.e. the person needs food in order to live, then you may never refuse. However, if the need is less immediate, such as a poor person's request for clothing, then you may make the person wait while his or her specific situation is verified. Of course, this person cannot be made to feel uncomfortable and embarrassed in the process. Therefore, in practice, if while a person comes to the door, and you go into another room to make a quick phone call to check out the legitimacy of that individual without him or her realizing it, that would certainly be permissible. However, where that is not feasible, the suspected person should not be tuned away empty handed. It is far more important to give Tzedaka to nine fraudulent individuals whom you suspect, than to refuse the tenth you suspect who really is actually legitimate. Therefore, as long as you are not sure, the person may not be turned away empty handed, as Maimonides noted. It should be mentioned that if you give the person a certain sum of money, but the individual returns it, believing it is an insufficient amount, then you have fulfilled your obligation and need not give that individual anything. Finally, there are some professional fundraisers for organizations, who receive as salary up to 80-90% of the money they collect. Giving to these people is clearly not Tzedaka. Anything more than a 50% salary would not fulfill the Mitzvah.
This Mitzvah, so basic and important to Judaism, is complicated and often difficult to fulfill. Nevertheless, if all Jews were to follow the Abarbanel's approach and treat the money earned as belonging to someone else, not only would fulfilling this Mitzvah become much easier, but our sensitivity to using and misusing funds in our possession will also be heightened.
Edited 1 time(s). Last edit at 05/15/2018 11:09AM by mlb.
