[By Rabbi Yair Hoffman for the Five Towns Jewish Times]

In the past few weeks in the Five Towns Far Rockaway community there have been a number of fraudulent adjustments to Tzedakah checks. One check, made out for the amount of $25 was altered to read $250. Another check which was made out for $100 was altered to read $1000.

Sadly, this type of fraud causes people to react negatively and punish the very people that need it most – the poor. Indeed, some people are of the opinion that this information should be suppressed because of the negative reaction that people will have toward Meshulachim. However, this is incorrect. Not only should a warning be issued, but we must present the obligation to investigate.

OBLIGATION TO INVESTIGATE

Believe it or not, the obligation to investigate someone collecting charity is found in the Gemorah. The Gemorah in Bava Basra (9a) states that one investigates someone collecting for food, but one does not do so if they are collecting for clothing. This is quantified in Shulchan Aruch (YD 251:10).

A proof to this obligation is brought from a peculiar spelling of the word in the pasuk in Yishayahu (58:7), “Extend your bread to the hungry..” The Hebrew word “pros” is not spelled with a samech, but is spelled with a “sin.” The word pros when spelled with a sin means “investigate.” (Although the Gemorahs spelling of the verse is different than ours, the drasha may still be made.)

In other words, in a situation where a person arrives with torn clothing – one gives to them for clothing without further investigation. Otherwise, however, there is an obligation to investigate.

WHAT TO DO

So what should be done?

A partial solution already exists – we have a local Vaad Hatzdaka, under the direction of Rabbi Avrohom Liss. The Vaad does a fabulous job. Also, we should perhaps consider something that some other communities are doing. For those readers who live in another community without a Vaad Tzekah, it makes sense to start one or rely on that of another community.

Below is a list of what one can do to ensure that fraud is eliminated or at least kept to a minimum.

• Always request to see the Yellow Ishur issued by the Vaad Hatzdaka of Far Rockaway & The Five Towns. (A valid certificate contains an original embossed gold seal and a silver Holograph seal that shows VOID when altered). The Ishur is only issued after researching the candidate through a subscription-based database maintained by Tomchei Tzedaka of Lakewood, NJ with over 8,000 names. In addition, Tomchei Tzadaka maintains over 400 contacts throughout Eretz Yisroel in order to properly investigate meshulachim. Most major cities with a large Jewish population are also connected to the data base.

• Second, write the Ishur number on your check AND in your check register. In the event that there is a problem, the meshulach can be traced and all the Jewish communities in our group will be notified as well.

• Third, if a meshulach is overly aggressive or comes knocking at a very late hour or is not satisfied with the donation given, please contact the Vaad ( leave a message) at 516-500-1551. They will enter it into his file and he will be warned the next time he applies for an ishur at any of the affiliated Vaads.

Lest the reader think that we are imposing to great a burden on the recipient of the Tzedakah, to visit the local Vaad and get the proper documentation, it should be noted that there are obligations upon the recipient to lessen the burden upon the Baalei Tzedakah (Menoras HaMaor).

WHAT OTHER COMMUNITIES DO

Some communities have established a system, by which individuals wishing to donate to meshulachim and receive a valid receipt from a 501c 3 organization can purchase coupons that meshulachim can redeem for cash from the Vaad Hatzadaka. In this way they do not have to write checks and worry that they may be altered or that their bank information will be divulged. This system works well in Toronto and now in Lakewood as well.

THE 6% SOLUTION

One of the problems, however, is that with all the Tzedakah being distributed outside the community, our own schools and scholarship committees, suffer. One innovative solution is now being implemented In Detroit, Michigan. There, the Vaad Horabonim has taken this coupon system one step further: For every $100 in coupons a meshulach cashes in, the Vaad gives him $94. Six dollars are distributed to all the local institutions. In this manner it ensures that the local mosdos are supported as well, an issue that is not unimportant.

HOW TO WORK IT

Of course we should only implement the 6% solution with the assent of the local Rabbonim. What is required is a meeting and a vote as to how to split the 6% among the various schools.

Generally speaking, it can be split up in one of three ways.

Method A – Per student allocation.

Each of the orthodox schools in the community should receive an allocation based upon the following equation. The six percent total divided by the number of total students in the community multiplied by the students in that school.

Method B – ½ Per Student and ½ per Educational Institution.

In this method, 3% of the moneys would be distributed based upon per student and 3% of the moneys would be distributed based on the total number of schools in the community.
Method C – the total moneys divided by the number of educational institutions in the community.

Thus if there are 30 schools in the community and the 6% totals came to the sum of, say, $300,000 each school would be allotted $10,000 each.

We find precedent for method B in the words of the rishonim regarding how to assess a tax burden upon the community, where people were assessed based upon a combination of income as well as per head. A distribution system could follow along similar lines.

There are many people in the community who believe that we should implement this type of solution shortly. If there is interest, shul members should speak to their Rabbonim about it as soon as possible. If this idea is adopted, it is necessary to make sure that the mission statement of the organizations 501c3 allows for allocating funds to those particularly needy people.

The email of the Vaad Hatzdaka is: [email protected]

The author can be reached at [email protected]