Is There a Limit to How Much Charity One May Donate?

Is There a Limit to How Much Charity One May Donate?

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In this article we will discuss whether there is a limit to how much charity a person may donate. Is there a fixed guideline for how much it is proper for a person to give? Must a person first take care of himself, and only afterward others? Or may he donate as much as possible and rely on the fact that he will not be harmed by giving charity? What is the limitation of one-fifth? Was it accepted as practical halachah? In which situations may one donate more? Does this limitation yield, for example, to pikuach nefesh? If there is a poor person who is about to die of hunger, may one refrain from giving him food because one has already donated the maximum amount that halachah permits? And what is the law when an ill person needs an expensive life-saving medicine or emergency surgery and asks us to fund it—may one refrain from giving him what he requests because one has already donated the maximum permitted according to halachah? How is it possible to sign a Yissachar-Zevulun agreement stipulating that 50% of one’s income will go to charity, if this is more than the maximum amount one may donate?

May One Spend More Than One-Fifth?

The Gemara (Ketubot 50a) states that Rabbi Ila said that the Sages of Israel gathered in the city of Usha [where, during a certain period, the Sanhedrin was seated] and enacted an ordinance: a person who wishes to spend his money on charity should not spend more than one-fifth, for if he spends all his money there is concern that he himself will need to rely on others for his basic livelihood.

The Gemara adds an incident involving a sage who wanted to donate more than one-fifth, and his colleagues forbade him to do so. In one version of the Gemara, Rabbi Yeshvav was the one who prevented the donor from giving; according to another version, Rabbi Yeshvav wanted to donate and Rabbi Akiva prevented him. In the Jerusalem Talmud (Pe’ah 1:1), the version is that Rabbi Yeshvav donated all his possessions to the poor, and Rabban Gamliel forbade him to do so.

The Gemara states that the source for donating one-fifth is the conduct of our forefather Yaakov, who vowed that if he would return safely from Charan (Bereishit 28:22): 'וְכֹל אֲשֶׁר תִּתֶּן לִי עַשֵּׂר אֲעַשְּׂרֶנּוּ לָךְ' — “And of all that You give me, I will surely tithe it to You.” The Gemara explains that the doubled expression “aser a’asrenu” indicates that he would separate a tithe twice.

From this we learn that there is a prohibition against donating more than 20% of one’s income.

The Meaning of the Term “One Who Spends”

It is important to emphasize that “spending” in the language of the Sages does not mean “wasting” in the modern Hebrew sense of throwing away money or food for a purposeless end. Rather, it expresses a person who disdains money and sees a far higher value in what is accomplished with money; the doubled form indicates that he disdains the concept of money as a value in itself.

The Gemara’s intention is that although human nature tends to view money as a supreme and sacred value, and a person may devote his entire life to accumulating money, the correct outlook is that money is only a means to obtain the needs necessary for life, or to use it for charity and kindness and to help others fulfill life’s purpose. Therefore, a central part of a person’s service in this world is to leave the bubble that sanctifies money as a value rather than as a means, and to disdain money as a value in itself—particularly the hoarding of money without purpose or goal; in the language of the Sages, to “spend.” However, as in all matters, the Torah educates us to follow the golden mean (Rambam, De’ot 1:4), and even in the refinement of character traits necessary for serving Hashem, one must be careful not to go to extremes. Therefore, the Sages of Usha established this golden rule: a person should save his money for necessary and unexpected expenses for the support of his household; on the other hand, he must donate generously to others. They therefore established that it is a mitzvah to donate up to 20% of one’s income, but it is proper for a person to preserve 80% of his money and not donate it to others, thereby ensuring that he will be able to properly care for his own needs and the needs of his household, which is also a mitzvah and part of serving Hashem, and he will merit to enjoy the labor of his hands and not need to depend on others.

Are There Those Who Disagree with the Ordinance of Usha?

The Gevurat Ari (Ta’anit 24a, s.v. havu) raised a difficulty with this halachah from the Gemara (Ta’anit 24a), which tells of Elazar of Bartota [or Birta]: when the charity collectors would see him, they would hurry to flee and hide, because his practice was to give everything in his pocket when he encountered them.

The Rashash (Ta’anit 24a, s.v. sham Elazar) adds that this accords with what is stated in Pirkei Avot (Avot 3:7): the teaching of Rabbi Elazar of Bartota was that a person should feel that he is giving to the Creator of the world from that which belongs to the Creator of the world, and is giving nothing of his own, because a person and all his possessions belong to the Creator of the world.

Similarly, the Ahavat Chesed (part 2, ch. 20, halachah 4) raises a difficulty from the Midrash (Kohelet Rabbah 2:17), which relates that Rabbi Meir was an excellent scribe, earning wages of 3 sela’im [a type of coin] per week. He would use one sela for food, one sela for clothing expenses, and the third sela he would distribute among other Torah scholars who needed financial support for their livelihood.

Rabbi Meir was asked why he did not see to it to accumulate some of his money so that his sons would have an inheritance to help them financially. Rabbi Meir answered that if his sons would be righteous, he need not worry about them, for King David had already said (Tehillim 37:25): 'נַעַר הָיִיתִי גַּם זָקַנְתִּי, וְלֹא רָאִיתִי צַדִּיק נֶעֱזָב, וְזַרְעוֹ מְבַקֶּשׁ לָחֶם' — “I was young and have also grown old, yet I have not seen a righteous person forsaken, nor his offspring seeking bread.” And if he would not merit that his sons be righteous, he had no interest in accumulating his money for the enemies of the blessed Creator.

It emerges from this that Rabbi Meir would distribute 33% of his income to charity, and at first glance this is difficult, since it is forbidden to distribute more than 20%.

The Gevurat Ari (Ta’anit 24a, s.v. havu) answered that indeed the Gemara (Arachin 28a) explains that there is a dispute as to whether the ordinance of Usha was accepted as practical halachah. Accordingly, we find various Sages who did not follow this ordinance because they held that it was not accepted as halachah. See below how the halachah is ruled today.

Did These Stories Take Place Before the Ordinance of Usha?

The Rashash (Ta’anit 24a, s.v. sham Elazar) wrote that although the Gevurat Ari understood the story of Rabbi Elazar of Bartota to have occurred in the period of the Amora’im, it appears that this was a Tanna who appears in the Mishnah (Orlah 1:4; Avot 3:4; Tevul Yom 3:4), and the Seder HaDorot likewise wrote that the story in the Gemara concerns the Tanna. Therefore, it is possible that the story took place before the ordinance of Usha. [In practice, in the Mishnah (Tevul Yom 3:4) and in the Gemara (Pesachim 13a), it is explained that he was a student of Rabbi Yehoshua, who lived after the ordinance of Usha. However, according to what is explained in the Jerusalem Talmud—that the ordinance of Usha was forgotten and then reestablished in the time of Rabban Gamliel, who lived in the period of Rabbi Akiva and Rabbi Yehoshua—it can be said that the incident in the Gemara, as well as Rabbi Meir’s conduct, took place before the ordinance was reestablished in the days of Rabbi Akiva and Rabbi Yehoshua, the teachers of Rabbi Meir and Rabbi Elazar of Bartota].

Practical Halachah

The Beit Yosef (Yoreh De’ah, siman 249, se’if 1) noted that the Rambam (Matanot Aniyim 7:5) ruled that one-fifth is the choicest fulfillment of the mitzvah, but did not write that there is a prohibition involved [and only in Hilchot Arachin (8:5) did he mention that there is also a prohibition]. He proved from both the wording of the Babylonian Talmud (Ketubot 50a) and the Jerusalem Talmud (Pe’ah 1:1) that besides the prohibition against donating more than one-fifth, there is also an ordinance of Usha that the choicest fulfillment of the mitzvah is to donate one-fifth.

The Shulchan Aruch ruled only that the choicest fulfillment of the mitzvah is to donate one-fifth, but did not rule that it is forbidden to donate more than that. However, the Rema (Yoreh De’ah, siman 249, se’if 1; Orach Chaim, siman 656, se’if 1) brought it as halachah. Yet it appears from the Beit Yosef and from the general implication of the poskim that the Shulchan Aruch also did not disagree that there is a prohibition; he did not bring it in the Shulchan Aruch because he held that in the laws of charity it is not a prohibition, just as the Rambam mentioned it only in Hilchot Arachin and not in the laws of charity. Rather, it is proper conduct in the laws of character and middot, and these laws were not taught in the Shulchan Aruch.

However, the author of the Or HaChaim (Rishon LeTzion, Yoreh De’ah, siman 247, se’if 2) wrote that the rule forbidding one to give more than one-fifth applies only when there is no great distress among the poor. But if there is great distress among the poor, one may give more, and about this it is said that a person does not become poor from charity; he should rely on the Creator that no mishap will occur to him because of giving charity.

The Chida (Birkei Yosef, siman 249, sk. 1) likewise wrote in explaining the words of the Rambam (Commentary to the Mishnah, Pe’ah 1:1), that it is an act of piety to give more than one-fifth; whereas the Rambam (Arachin 8:13) rules that one should not distribute more than one-fifth. He explained that if a person wishes to seek out charity and kindness, it is proper to give up to one-fifth of his assets; however, if hungry people, naked people, or needy people lacking basic necessities have come to him, it is an act of piety to donate to them even more than one-fifth. He explained that the term “one who spends,” used in the Gemara, or “one who disperses,” used by the Rambam, indicates that he does this without necessity. But if he does it because of necessity, since poor people in distress are before him, the ordinance of Usha prohibiting donating more was not said regarding this. This approach is brought in Ahavat Chesed (part 2, ch. 22, and in the notes there).

A Donation in a Will

The Gemara (Ketubot 67a) states that the ordinance of Usha applies only during a person’s lifetime. However, when a person distributes his property in his will, he may donate even more than one-fifth. The Rema ruled likewise. The author of the Mishnah Berurah (Ahavat Chesed, ch. 20, sec. 1) wrote that even in this matter the Acharonim disagree whether, at death, it is proper to give one-third of one’s assets or one-half, but it is not proper to give more than that.

A Person Who Has a Fixed Livelihood

The author of the Mishnah Berurah (Ahavat Chesed, part 2, ch. 20, halachah 3) ruled that the prohibition applies specifically when a person does not have a fixed livelihood, and each month ends with a different income balance, so it is proper for him to save a little for harder months. However, a person who has a fixed and stable livelihood that provides for his living expenses, and who consistently has a surplus, may donate even more than one-fifth and need not fear that in some month he will suffer unexpected losses. This is like the case of Rabbi Meir.

Especially in our times, when a person is a salaried employee in a fixed and stable position, earning a salary that amply covers his basic needs, and he has many safeguards such as a pension, unemployment benefits, severance pay in case he is dismissed, and insurance in case he cannot work due to disability and the like, as required by law—and particularly if he has enhanced managers’ insurance that sufficiently covers any eventuality that may arise—there is certainly an act of piety if he donates more than one-fifth, and he need not be concerned about remote possibilities.

How Much May One Donate to Support Torah?

The Shitah Mekubetzet (Ketubot 50a) wrote that the prohibition against spending more than one-fifth applies only to ordinary charity or to other mitzvot; however, for supporting Torah one may donate more. The Chida (Shiyurei Berachah, Yoreh De’ah, siman 249, sk. 1; Petach Einayim, Bava Batra 10a) and the author of the Mishnah Berurah (Ahavat Chesed, part 2, ch. 20, halachah 4) ruled this as halachah, and they explained that therefore one is permitted to sign a Yissachar-Zevulun partnership contract in which the Zevulun commits to giving 50% of his income to the Yissachar. For this reason Rabbi Meir gave one-third of his income to needy Torah scholars.

Summary

It appears as practical halachah that Sephardic communities as well have the custom not to give more than one-fifth. Although this is mentioned explicitly only by the Rema, it appears that the Shulchan Aruch also prohibits giving more than one-fifth. However, in a case where urgent matters are before him, and it appears that he can donate more than one-fifth without being harmed, it is possible to permit it. It is always advisable to consult a rabbi before donating more than one-fifth, because an outside person can evaluate one’s financial situation better and without personal bias.

The Chafetz Chaim (Ahavat Chesed, ch. 20) lists several reasons for which one may give more than one-fifth:

• In a case of pikuach nefesh that comes before him; meaning, he is not obligated to search for whether such a case exists, but if a case of pikuach nefesh has come before him, he must give more.
• A person who has financial stability, a regular and assured livelihood, always covers his monthly expenses, and has a surplus remaining—there is no problem donating what remains.
• A person who works for his livelihood and supports a Torah scholar through a Yissachar-Zevulun agreement; in such a case the income is to be divided between them. In general, for supporting Torah one may give more than one-fifth.

Shulchan Aruch (Yoreh De’ah, siman 249, se’if 1); Ahavat Chesed (part 2, ch. 20).