Directed Tzedakah

A Torah Look into Where Tzedakah Should be Given

by David Carasso
d a v i d @ c a r a s s o . c o m

Becoming a more observant Jew, a more serious Jew, means learning and exploring moral issues that before I could have ignored. One the most important concepts in Judaism is Charity, Tzedakah. Every Jew is obligated to give between 10% and 20% of his income. But to whom?

This paper is my attempt to answer this question with halakhic guidelines, with the goal of assisting myself and others in making more proper tzedakah decisions.

To Whom to Give: The Common Approach

How do most of us give charity? If you're like me, you receive dozens of requests, pleas, and sad stories in the mail, and when one of them finally manipulates you out of your complacency, and you haphazardly give $30 here, $100 here, $50 there. You have no overall plan for how you give. Tzedakkah, a concept so important in Judaism, deserves a plan.

In the Sh'ma, we are directed to love Ha'Shem with all our might or possessions. Giving the right amount of charity means nothing or is even harmful if we do not direct it well. When the poor are not properly supported, they risk death; when Jewish Education is not supported properly, it also risks death. It also shows a lack of respect to property when money is given away so whimsically.

To Whom to Give: Testing the Waters

Our question then becomes to whom does the Torah tell us to give charity? My American "egalitarian" background speaks to giving to the random homeless person on the street, and equally to both Jews and Gentile. My initial investigation into Jewish sources supported this view. Regarding giving equally to Jew and Gentile alike, I found:

"A Jew should give charity to poor non-Jews." -- Rambam, Mishneh Torah
"Poor Gentiles should be supported along with poor Jews; the Gentile sick should be visited along with the Jewish sick; and their dead should be buried along with the Jewish dead, in order to further peaceful relations." -- Gittin 61a
"The poor of all nations must be supported like poor Israelites, for the sake of peace." --Kitzur Shulhan Arukh

Although these excerpts might lead one to believe there is an equal obligation to Jew and Non-Jew, there is not. Giving charity to a non-Jew is under a completely different category than giving to a Jew, namely, for the purpose of "darkei shalom" (keeping peace with our neighbors). Giving for the purpose of keeping peace with our neighbors became necessary in the Diaspora to prevent persecution by Gentiles. This is not comparable to the Torah obligation requiring saving/helping our brethren.

It still seems a little strange in that every man was one of G-d's creatures whom we must try to save (at Pesach we wept for the Egyptians who died in the Red Sea!). But it is an issue of priorities.

Who to Give to: The Torah's Priorities

Below is my effort to produce a concise list summarizing many of the halachic decisions regarding the priority with which Maaser should be given. All the people below refer to Jews, and where not stated, assumes all other properties are equal. Food, I believe, refers to any life saving cure and clothing to any semi-basic item that is not exclusively life saving.

A person's own essential needs have greater priority than anyone else's, where essential needs are minimum food, shelter, and clothing (Rabbi Yaakov -- Tur, written in the name of Rabbi Saadiah Goan).
Within a category a Woman always takes precedence over a Man, a Torah Scholar over a Non-Scholar (Yoreh De'ah 251:9).
Redeeming captives (pidyon shevuyim) has the highest priority. This refers to paying a ransom amount (or perhaps a bribe) when someone is kidnapped or wrongly imprisoned. Your wife has higher priority than you in being redeemed, and you greater than your Rebbe or Father (Yoreh De'ah 252). Prisoners in civilized countries also qualify (Rabbi Moshe Feinstein). (I am not clear on what qualifications have to be met for a prisoner to qualify. Obvious innocence?)
Based on lineage, the order of priority is Kohen, Levi, Yisrael, Mamzer, then Convert (Shulchan Aruch -- Horayut 13.a, Yoreh De'ah 251:9)
A person who needs food has a greater priority than one who needs clothing (Yoreh De'ah 251:7).
Scholarship is more important than lineage, and a Mamzer Torah Scholar has priority over an ignorant Kohen Gadol. A Torah Scholar who needs clothing has greater priority over a Non-Torah Scholar who needs food (Rema -- Horayut 13a, Yoreh De'ah 251:9).
Relatives only have priority over others in the even there is no Imminent Danger to Life (HaRav Unterman, Former Chief Ashkenazic Rabbi of Israel). When there is Imminent Danger to Life, priority is not given to Relatives but to Lineage and Torah Scholarship (Talmud -- Horayut 13a).
A Relative's or a Rebbe's needs are greater than anyone else's needs (Matanot Aniyim 7:13).
The previous statement directly contradict the above statement is helpful in understanding the priority of Maaser to a Rebbe: above anyone but a Relative or an Imminent Danger to Life.
Based on relationships/geography, the order of priority is Parents, Children, Brothers, Other Relatives, Neighbors, Locals, and then Other Non-Locals (Yoreh De'ah 251:3).
. Brothers on the father's side precede those on the mother's side and the poor of Israel before the poor of other towns (Rema -- Yoreh De'ah 251:3).
The poor of Jerusalem have precedence over all other towns in Eretz Israel (Rabbi Moshe Sofer, Responsa Chatham Sofer 233, 234).
Today the poor of Old and New Jerusalem have the status of citizens of Jerusalem (Rabbi S.Z. Auerbach)
A Relative has priority over all persons (Ramban -- Matanot Aniyim 7:13). The poor Relatives take priority even over the local poor who have greater needs (Panim Yafot, Deuteronomy, Parashat Re'eh, also cited by Responsa Chatam Sofer, Yoreh De'ah 231).
Non-Locals who need Food have greater priority than Locals who need clothing (Sifre, Baal HaFla, Chofetz Chayim, Chatam Sofer).
A Neighbor must refer to one with whom there has been a personal relationship, not to just a spatial Residential Proximity (Rema -- Chosen Mishpat 253:29).
In order of priority, your House, Parents, Brothers and Sisters, Relatives, Neighbors, and those who live on the Same Street (Midrash Tana Devei Eliyahu Ch. 27).
From this I learn that the term Neighbor refers to two different people: a Friend (emotionally a Neighbor), and someone who lives nearby (geographically a Neighbor), with the first having greater priority. Additionally, we see that your entire household has priority over your Parents. The exception seems to be Maintaining Children. Maasur money may not be used for the purpose of Maintaining Children, who are dependent, unmarried, and live with their parents (Rabbi Moshe Feinstein, Maaser Kesafim p. 100).
The needs on one who previously extended graciousness to a person has priority even over the request of a Torah Scholar who is a stranger (HaGoan Rav Yitzchok Hutner -- Pachad Yitzchok; Rosh HaShannah --Maamar 3:1).
This seems to be putting friends above Torah Scholars who are strangers, and can be resolved by breaking Torah Scholars and Neighbors each into two categories: Torah Scholars into those who are Known and Unknown; and Neighbors into those who are friends and those who live nearby. The priority for these four groups would then be: Known Torah Scholars, Friends, Unknown Torah Scholars, and then Geographical Neighbors.
If there are no other funds available to him, a child not only has a halachic permission to utilize his charity funs to support his Parents but is under a mandatory obligation (Chatam Sofer of Pressburg). However, it is humiliating to the child to have to use charity funds to support Parents (Rabbi Yaakov -- Tur, written in the name of Rabbi Saadiah Goan).

Who To Give to? A Graphical Summary

The chart below is my attempt to summarizing the priorities of Maaser, given above. I think I'm the first to summarize the priories from all the sources. With any luck, I'm pretty close! The highest priority is at the top, the lowest at the bottom.

Within a given category, women have greater priority than men. When two receivers have the same primary status (e.g. Known Torah Scholars), compare their other attributes below (e.g. Geography). For example, a Convert who is a Torah Scholar has greater priority than a Jerusalemite, as Torah Scholar is above a Non-Local Non-Torah Scholar of Jerusalem. The numbers beside each item refers to supporting statements above.

Jewish
  Imminent Danger to Life / Redeeming a Captive (3)
    Wife (3)
    Yourself (3)
    Other (Family Relationship not a consideration) (7)
      Torah Scholarship (6, 7)
      Lineage (6, 7)
        Kohen (4)
        Levi (4)
        Yisrael (4)
        Mamzer (4)
        Convert (4)
  Non-Imminent Danger (Food, Clothing, Shelter)
    Relative (7, 8, 13)
      Yourself (1)
      Your Household (16)
      Parent (mandatory / humiliating) (9, 16, 18)
      Child (not a dependent child at home) (9, 18)
      Sister, Brother (2, 16)
      Other Relatives (brother on father side before brother on mother side) (9, 10, 16)
    Non-Relative
      Rebbe (6, 8)
      Known Torah Scholars (6)
      Friend who did You a Favor (17)
      Unknown Torah Scholar (6, 17)
      Non-Torah Scholar
        Geography
          Neighbor (9, 16)
            Friend (15)
            Nearby (16)
          Locals (9, 14)
          Non-Locals (If  need food, and locals need
          clothing, non-locals have priority.  Over neighbors too?) (9, 14)
            Old and New Jerusalemites (11, 12)
            Poor of Israel (10)
            Other
              Lineage (4)
                Kohen (4)
                Levi (4)
                Yisrael (4)
                Mamzer (4)
                Convert (4)
  Non-Jews (for ways of peace)

How Much to Give: The Torah's Priorities

Below are some guidelines summarizing how much Maaser should be given, to each category, assuming of course that there is a need. If there is no need in a particular category, Maaser should be given to the next lower level.

One should not give all one's charity funds to only one poor person (Yoreh De'ah 257:9).
Though a large percentage may be given to a poor Relative or to a Rebbe, it is best to give to other charities, other poor people, including support of Yeshivot (HaGaon R. Moshe -- Iggerot Mosheh, Yoreh De'ah I, Responsum 144).
When one category has precedence over another, something must be left for the lower category (Rabbi Yechiel Michal Epstein).
Only one half of the Maaser should be used for a Relative. Allocate a larger portion to poor of Relatives, than to non-Relatives, other categories of priority should be treated in the same way (Chatham Softer Responsum 231).
An individual is not obliged to provide all the needs of a poor person but he should give publicity to his situation in the community (R. Moshe Isserles)

The major aim of the institution of Maaser Kesafim was to help Torah Scholars and therefore a person should endeavor to use at least half of his Maaser for this purpose, provided the needs of his Relatives have been met (Chafetz Chayim -- Ahavath Chessed, ch. 19).

The proverbial Maaser Monkey Wrench: the importance of a priority list applies only to Charity Administrators, and an Individual Donor has the right to divide his Maaser as he chooses among those entitled to receive charity (Rabbi Moshe Feinstein).

Regardless of whether this is the case or now, I respectfully believe this should not affect our behavior, and a priority list should still be used when deciding to which Charities to give. The fact is that most Charities give their funds to a particular Cause, and are not made up of Charity Administrators who support every facet and need of Am Israel. Therefore, the Individual Donor should insure that his Maaser is being used more properly by still taking into account the priorities of each charities you give to. Further, as we see above, one is obligated to support one's parents from his Maaser fund, in necessary, and so in truth the Individual Donor cannot give away his Maaser to anyone he chooses among those entitled to receive charity.

Who to Give to: The Non-Jews

"In our day when taxes must be paid to the government and these taxes are often withheld from one's wages, it must be surmised that one's `income' is the amount that a person is left with after taxes." -- Rabbi Hayim Halevy Donin, To Be a Jew

In the United State approximately 30% of our income goes to the government, and perhaps one third of government's spending is on charitable activities, such as Medicare, Medicaid, welfare, social security, and education. As a result, the approximately 98% Non-Jewish population is receiving approximately 10% of our pretax income. As a result, I believe that the Jews are giving enough to the Non-Jewish population. In an age when Jews are giving much of their money to Non-Jewish cases such as Easter Seals, Save the Whales, Good Will, etc., perhaps out of guilt or desire to assimilate, I think it is important to realize that the Non-Jewish community is receiving quite a lot from the Jewish community. If you look at your taxes as a way to provide charity and peace to the nation and between Jew and Non-Jew, you should be happier about paying them!

What About My Synagogue?

It is generally agreed that Maaser may not be used to cover an obligation (on the other hand, when the means to fulfill a mitzvah from any other source are lacking many authorities permit the use of Maaser). In the past Jewish communities were more independent and self-governing, and communal commitments were less voluntary in nature. As a result most synagogue donations are used for essential communal needs like salaries, lighting, etc., and Maaser money was not to be used. Only the proportion of the synagogue donation corresponding to the proportion used for the poor could have been taken from Maaser funds.

Today there is a greater leniency of recent authorities because Jewish communities are not independent and self- governing and communal commitments are more voluntary in nature (Rabbi S.Z. Auerbach). Perhaps this leniency also comes from the fact that Jews, and American Society in general, are giving less and less to charities. Having a sense that, in paying their synagogue dues, they are giving charity might be the one thing that keeps many Jews giving. Perhaps the same leniency should be given for educating one's own children at a private Jewish school (educating one's children is an obligation and therefore shouldn't use as Maaser money). Perhaps not.

Who to Give to: A Summary

For the most part, you are allowed to give your 10% to whomever you want -- to whom you give charity to is not legal but rather moral (with the exception of supporting a Parent). Still it is better to give according to priority, and balance the way you give. Torah Scholars should receiving approximately half, and other categories the remaining amount according to priority and then need. When there is an issue of saving a Jewish Life, all priority must be given to that. In fact, the 10% minimum no longer becomes valid, as the community can assess each individual whatever he can afford, without limit, to save the life.

The most praiseworthy type of giving charity is to set a fellow Jew on his feet so that he does not require charitable aid nor need to ask for it (Yoreh De'ah, 249:1). Therefore one should insure that his children have a profession, and that his parents have a realistic retirement plan.

At this point there is a need for explaining typical percentages and scenarios, such as giving 51% to torah scholars, 10%-49 for relatives, if needed, 20% for local poor, and maybe 10% for nonlocal. There is also a need to discuss long term issues of survival, such as ecology, ozone, medical research, etc.. But alas, I've to research that!