Rabbi Yair Hoffman for the Five Towns Jewish Times
A COUPLE OF YEARS ago, a wealthy individual from Lawrence, New York, wanted to produce a documentary on “Meshulachim” and those who collect Tzedakah in shuls. One of those to be interviewed was told that he would receive a rather large sum of money if he would merely answer a few questions honestly. It was an opportunity to earn significantly more than he was to make by soliciting funds.The arrangement was that, while he did not have to volunteer information, he did have to answer all of the questions to be posed in an honest manner. If there was any question as to his honesty, he would not receive the funds. The person readily agreed to the arrangement.
The exchange went something along the lines of this:
“Good morning, what are you collecting for?”
“Hachnasas Kallah.”
“Mazal Tov! Whose hachnasas kallah?”
“Well, my own.”
“Mazal Tov! When is the wedding?”
“Well the date has not been established yet.”
“Okay. Where is the Kallah from?”
“There is no Kallah yet, I have not found her yet.”
“Oh, I see.”
“How much, do you collect on average per week?”
“Between $700 to $800 per week…”
We will stop at this point in the conversation to get to the halachic topic at hand. Is there a communal obligation to support an individual who purposefully chooses not to work, but rather to collect charitable funds?
There is a fascinating Sefer Chasidim (1035) which states: If you see a person that could learn Torah and he understands it, or a scribe who can write but they do not wish to learn and to write, I call upon them the verse in Isaiah (5:7), “Now the vineyard of Hashem… is the house of Israel and the people of Yehudah are the shoot of his delight; He had hoped for justice, but behold, affliction! For charitable acts, but behold, an outcry!” as it states (ibid 27:11), “…for it is not a nation of understanding, therefore its Maker will not show it mercy, and its Creator will not be gracious unto it.”
The Shulchan Aruch (YD 253:10) states as follows: “A wealthy person who starves himself, and he is stingy with his own money so as not to eat from it, we pay him no heed.”
In regard to this ruling, Rabbi Shmuel di Medina of Salonika (1506-1680) writes in his responsa (Teshuvos Maharshdam YD #166) that there is no obligation to provide charitable funds even to a poor person who has the capacity to work.
This view can further be buttressed with the explanation of the Kli Yakar on Chumash (Shmos 23:5), “You shall surely help with him” discussing the Mitzvah of Prikah and Teinah – assisting one’s fellow with a load.
This (the words “with him”) teaches you that it is only when he is with you in his work – and wishes to be established with you – then you are obligated to support him. However, if he sits and says, “Since the matter is upon you – you must lift it alone…” – it does not apply.
He further writes: “From here we have a response to a minority of the poor among our nation who place themselves upon the community and do not wish to work in any area of work even though they are able to do so… And they cry foul if they are not given enough to sustain them. For on this, Hashem did not command, rather it states, “You shall surely help WITH HIM” and you shall surely establish it WITH HIM. For the poor person will do all he can find by himself to do, and if even then his hand cannot reach it, then each man of Israel is obligated to help him and strengthen him and give him what he is lacking… even up to one hundred times.”
In Sefer Maalos HaMidos at the end of Hilchos Tzedakah, the author writes: “Nonetheless, it is worthy to refrain from giving him Tzedakah and embarrass him and shame him until he repents and tries working again so that he not be shameful in the eyes of people.”
ANOTHER VIEW
On the other hand, we also find the opinion of a Rishon, Reb Shmuel Ben Reb Meshulam Yerundi from Geronda Spain, in his Sefer entitled Ohel Moed (9:1) where he interprets the verse in Dvarim (15:7), “Do not tighten your heart…” in the following manner: Do not say, why should we help him? If he so wishes he can support himself…” To this [attitude] the verse states, do not tighten your heart.” Reb Shmuel is occasionally quoted by the author of the Shulchan Aruch, and therefore, we cannot assume that this is a lone opinion. This is also the view of the earlier Rabbi Yitzchok Ben Rav Yoseph (1210-1280) of Corbel, France in his SmaK Mitzvah #20. These views are based upon the Midrash Rabbah in Dvarim (34:4).
We may ask as to whether this is truly a contradiction between Poskim or whether, in fact, we can reconcile the two opinions by assuming that the latter view is only when one does not know definitively that the person can work. In other words, the latter view could perhaps be that it the Torah is forbidding us to be cruel and make the assumption that he could be working but isn’t and therefore not give Tzedakah. But it is possible that if he could be working and we know that he has chosen not to do so, then the verse in Isaiah applies.
To be clear, there are three possible views here: Possibility A is that there is no obligation to give, and in fact, it is wrong to do so. Possibility B is that one must still give in this situation. And finally, possibility C is that it is wrong to assume that they could be working and thus they must still give in this situation (although one does not have to give a large amount – a quarter may suffice), but if one does do some due diligence and finds out that they can be working then one should not give. In this author’s view this is the most logical way to reconcile these two seemingly opposing views.
What is the Shulchan Aruch’s view? In the laws of Purim (OC 694:3), he writes that we are not exacting on Purim and we give to whomsoever stretches out his hand. The implication is that at other times, we can and perhaps should be careful. It seems that the Shulchan Aruch may be subscribing to possibility A or C but writes that on Purim one should adopt possibility B. It seems more likely to this author that he does subscribe to possibility C and that on Purim he suggests following Possibility B.
The reader should consult with his or her own Rabbi as to the correct approach to this issue.
What happened to the person that appeared in the beginning of this column? He got the money and earned it honestly, even according to the Maharshdam, Sefer Chassidim and Kli Yakar.
The author can be reached at [email protected]
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11 Responses
“How much, do you collect on average per week?”
“Between $700 to $800 per week…”
We will stop at this point in the conversation to get to the halachic topic at hand. Is there a communal obligation to support an individual who purposefully chooses not to work, but rather to collect charitable funds?
Ah, but R. Hoffman here is where you go off. The individual would make nowhere near the $700 – $800 if he were working in Eretz Yisroel at the low paying job he works in when he is home and not collecting.
This sad story only illustrates the urgent need for communities to check the backgrounds and claims of meshulachim, to issue a petek only to those meshulachim who check out, and to give only to those meshulachim who show their petek on demand.
Another program closes the circle. Communities can issue scrip, in various denominations, with a value added, to be given to local mosdos. For example, a $1 scrip costs a resident $1.50, with the extra .50 going to a local yeshiva. Buying these in quantity, from volunteers at these mosdos, is also helpful for tax purposes.
Now a meshulach comes to town. He must first get a petek, for which he must demonstrate his need. He then makes his rounds, collecting scrip. He then goes back to the rav who issued him the petek, to cash in his scrip. He gets tzedaka, the community residents have given to an ehrlich meshulach, plus to a local mossad, and shalom al Yisroel.
This system has worked well in Baltimore, for decades.
There is often a very poor attitude amongst these people. You will notice that professionals never come nor do bus drivers mechanics painters plumbers etc
Why cant they get training in real jobs so they dont have to go out and shnorr? Occasionally there are people who have sick people to contend with but mostly not
Not mentioned above is that even if someone could try & work, they physiologically have a need to collect (& probably could not hold a decent job. Ask yourself if you would offer that person a job at a decent wage). Therefore giving them tzedaka (even small amounts) constitutes assisting another Jew, by providing for that need to collect. It is not a money issue.
I once spoke at length to an honest schorrer who told me how much money he got each morning schorring in shul. I was shocked that he was able to make more schorring than many people do working.
Add this to the fact that they bother me (and others who are trying to daven with some sort of kavan).
I basically stopped giving to these people.
Once the son of the Sanzer Rebbi Ztz”l complained to his father that some of the people that the Rebbi gives tzedakah are liars, they really do have enough money to live. The holy Rebbi answered “You won’t give to 100 people out of fear that one is lying, l WILL give to 100 LIARS because maybe ONE OF THEM is really in need……..
Garlic you are correct. They interfere with davening. Are driven around by car serviced that take a percentage.
And make more then you are told in this story. It’s more like several hundred per day. Tax free
I didn’t notice anything in the article addressing the apparent gneivas daas of the interviewed collector who claimed to be collecting for “hachnasas kallah”, but then revealed that the recipient (he himself) wasn’t at the time in the parsha of marriage (no kallah).
Would one be justified to collect, say, for “cholim” while really collecting for oneself *just in case* one did at some point become a choleh, r”l?
#4! This is not quite correct – there are working people but when it comes to marrying of a child or medical expenses or even just to make ends meet they don’t manage and have no choice but to travel abroad to collect!
As a person who has gone through the denim;
I would like to point out that when dealing with Tzedaka their are 3 mitzvos midoraysa and 1 midvrey kabla so it should be treated accordingly. Also in the Shulchan Arucha, their is a din regarding a עני מחזר על הפתחים and this seems to be the עני’s complete income (and you only need to give him a small amount not more than 50cents). It says that anyone that cant pay his bills is allowed to collect Tzedaka and only if you are an עבריין there is no obligation to give. The Nosey Keilim do not talk about a person who decides not to work because he would probably be included in the above.
Regarding the “סתירה” between Purim and הלכות צדקה. Most Achronim say that when it comes to regular Tzedaka you have a right to check him out (like it says in the Shulchan Aruch, and if you dont want to be בודק then you still have to give), but by purim there is an ענין of כל הפושט יד נותנים לו and you should not check him out.