What’s the proper way to divide our charity funds?

What’s the proper way to divide our charity funds?

Difference between charity and tithing

There are two types of charity that are learned from two different sources. One type of charity is derived from what it states in the Torah (Deuteronomy 15:7-9): "If there be among you a needy man, one of thy brethren, within any of thy gates, in thy land which the L-RD thy G-d giveth thee, thou shalt not harden thy heart, nor shut thy hand from thy needy brother; but thou shalt surely open thy hand unto him, and shalt surely lend him sufficient for his need which he wanteth." And similarly, it is said in the Torah (Leviticus 25:35-37): "And if thy brother be waxen poor, and his hand fail with thee; then thou shalt uphold him: as a stranger and a sojourner shall he live with thee. Take thou no usury of him, or increase: but fear thy God; that thy brother may live with thee."

From these verses we learn that every Jew who is approached by a person in need is obligated to give charity and support these poor people. In fact, a person is obligated to give charity until he has given the amount that is required from him. See below for the required amount.

In addition, there is another mitzvah of tithing one's income, which according to many halakhic authorities, is learned from tithing crops, and just as one tithes crops, so must one tithe all other forms of income. There are two different measures for fulfilling this commandment, one is tithing — giving away one tenth of one’s income; but a more excellent way to fulfill this mitzvah is to give away one fifth of one’s income. We explained this at length in the article About the Nature of Tithing Income. Having said that, since according to the Midrashim Sifri and Tanchumah and according to many early authorities, this commandment is derived from the commandment of tithing crops, we can also infer from there, how and to whom this money should be given. Shitah Mekubetzes (Ksubos 50a) writes about this in the name of Harav Hamaili, and the author of Mishnah Berurah writes about this at length (Ahavas Chesed, vol. II, chapter 19, §1). Below we present in an organized fashion different priorities in giving tithe money, as they are learned from the commandment of tithing crops. 

The commandment of giving charity can be divided into two parts. One part is for each and every individual to be receptive and helpful to the needy people that he encounters, and also to keep his eyes and heart open for any needs that arise in his surroundings and community. The second part is the obligation to establish a city charitable fund, which will take care of city’s poor. The founding of a city charitable fund, with permanent contributions from members, each according to his financial means, as per the instructions of local rabbis, exempts each individual from personally responsibility of taking care of city’s poor, because now the fund takes it upon itself to perform this function for him.

Therefore, it is highly recommended that in every city, neighborhood, and community, such a fund be established as required by Jewish law. In this way, responsibility is transferred from every individual to the collective fund. On the other hand, every individual has an absolute obligation to participate in the fund's expenses as determined by the city's rabbis and according to his financial ability.

How much charity is required of a person?

There are two methods to determine the required amount of charity. According to the Shulchan Aruch (section Yore Deah, 249:1-2), if someone gave a tithe of his money, he is exempt from giving more. To perform this mitzvah on a higher level, one can give a fifth of his income. If someone gave less than a third of a shekel per year (the equivalent of a person's sustenance for one third of a week), then he has not fulfilled his obligation to give charity at all. There is uncertainty as to the opinion of the Shulchan Aruch in a case that someone saw poor people and was asked by them for help, but only gave a third of a shekel annually, and relied on this to fulfill his obligation. The question is whether he violated the prohibition. According to the Gra (Vilna Gaon) (Iggeret HaGra), these amounts were only intended for cases where a person did not encounter requests for help and he must actively seek out the needy. But in cases where requests come to him, he must respond to every case that comes to him until he gives 20% of his income; only then does he become exempt from giving more. This is also the ruling of the author of the Mishnah Berurah in his work Ahavas Chesed (vol. II, ch. 19, §4).

Order of priority for the distribution of charity funds

There is an obligation to give some donation to anyone who is truly in need. However, for the poor who beg at the door, a minimal donation can be given to fulfill this obligation. The majority of charity funds must be allocated according to a predetermined order of priorities established by Jewish law (Shulchan Aruch, section Yoreh Deah 251:3, see the commentaries there). The order is as follows:

• His primary teacher who taught him Torah.
  
• If his father and mother are poor, and he cannot support them financially without relying on his tithe money.
• His adult children, if they are in need.
• Siblings from the father's side.
• Siblings from the mother's side.
• Other relatives.
• Neighbors.
• The city’s poor, provided they permanently live in the city.
• The city’s poor who do not permanently live in the city.
• The poor of the land of Israel.
• The poor of the diaspora.

Order of priorities within a group:

Within each group, when there are multiple needy individuals, the order of priorities should be as follows: a. Torah scholars, with the greater in wisdom being prioritized over the lesser. b. Kohanim. c. Levites. d. Ordinary Jews. e. A "challal" (a person who is born from a union between a Kohen and a divorced woman or other such relationships). f. A "shetuki" (a child born to a Jewish mother who does not reveal the identity of the father). g. An "asufi" (a deserted child who is suspected of being abandoned due to being a "mamzer" (a person born of a forbidden relationship)). h. A "mamzer". i. A convert.

Prioritizing family members:

The obligation to prioritize family members is not a right or privilege of the donor, but rather a duty. Even if the relationship between the donor and the needy relative is not friendly, there is an obligation to prioritize him and take care of him. Furthermore, even a person's divorced wife is still considered a relative, and if she is in need, she is prioritized over other needy individuals, even though there is no love between them. If a man’s divorcee is needy, she is prioritized over other poor people, provided there is no direct contact between the divorced couple, and the transfer of his support and her requests are made only through a third party. (Remo, Even HaEzer 119:8)

In the Jerusalem Talmud (Ketubot 11:3), it is told that Rabbi Yossi had a wicked wife who harassed him until he was forced to divorce her. Afterward, the woman lost her wealth and married a blind man. She would lead him to people's homes to beg, but when they arrived at Rabbi Yossi's neighborhood, she refused to enter the neighborhood, and a dispute erupted between them. Upon hearing of the matter, Rabbi Yossi sent them an allowance that sustained them, so that they would not be embarrassed. Rabbi Yossi said that the obligation “thou hide not thyself from thine own flesh” (Isaiah 58:7) applies even to one’s divorcee.

How to divide support between relatives and the city’s poor

If there is a regulation in the city to set aside a certain amount for the city's charitable fund, it is incumbent upon one to set aside that amount, and only afterward to take care of his relatives. (Sifsei Kohen 249:3)

However, even if there is no regulation, the appropriate amount to set aside for one's relatives is up to 50% of one's charity funds, as explained in the Mishnah Pe'ah (8:6) that one may divide half of his maser oni (poor man’s tithe) to his relatives and half to all the poor. From this, the decisors learned (Knesset Hagedolah, section Yoreh Deah, Notes on Beis Yoseph, 251:11-13; Chochmas Adam, Klal Kama, Halacha 5; Chatam Sofer, vol. II, ch. 231) that the appropriate portion in charity is also half to one's relatives and half to all the poor. However, in cases where the situation of one's parents or relatives is extremely difficult, beyond the situation of the other poor, and there is no one else to support them except close family, one should give the majority of his charity to his parents or close relatives, and leave just a small portion to participate in the community charity funds; the recommended ratio is 80% to one's parents or close relatives and 20% to the rest of the poor.

Support for parents from tithes

As previously mentioned, the support for parents takes precedence over support for any other person, except for his teacher of Torah. However, it is stated in the Jerusalem Talmud (Pe'ah 5:4) that a curse will come upon a person who supports his parents from the funds designated for gifts to the poor (that is, the various gifts that the Torah commanded to separate from crops, produce, etc. for the poor). However, these words are only applicable to a well-off person who is capable of supporting his parents from his own funds. But a person who cannot support his parents from his own income is obligated to support them from his tithes and charitable donations that he sets aside, and they take precedence over any other person (Remo, Yoreh Deah 240:5, Sifsei Kohen 240:7, 249:3).

Dividing the tithe money

So far, we have dealt with the obligation to give charity - which includes cases of needy individuals who came to him, first-degree relatives, or participation in the local charitable fund. However, beyond the obligation to these specific cases, there is a commandment to set aside 10% of one’s income for tithes, and a preferred way to fulfill this commandment is to set aside a fifth, or 20%. In the distribution of these funds, there is a different order of preference, as it is learned from the tithing of crops.

The Shitah Mekubetzes brings in the name of HaRav HaMaili, that in tithing crops, there is a commandment to set aside 10% for the first tithe and trumas maaser (one tenth of that tithe) to support the Kohanim and the Levites (that is, one tenth of this sum goes to the Kohanim, and the rest — to the Levites). Regarding this, it is said in the verse, "to give the portion of the Kohanim and Levites so that they can strengthen themselves in G-d’s Torah" (2 Chronicles 31:4). And it is stated in the Talmud (Sanhedrin 90a) that initially, tithes and contributions should only be given to Kohen and Levi who are Torah scholars, so that these gifts will help him to devote himself to the study of G-d's Torah. On the other hand, there is an obligation to set aside a second tithe, which is intended for everyone to go up to Jerusalem and eat there from the tithes in holiness and purity, and to absorb the Temple atmosphere and fear of G-d, which is the impression made on anyone who sees the Sanctuary and its sacrifices. And so, when tithing one’s income, one should transfer the first tithe to needy Torah scholars, as for the second tithe, that is, if one gives away one fifth of his income, that should be used for other commandments. And this is the ruling of the author of the Mishnah Berurah (in his work Ahavas Chesed, vol. II, chapter 19).

As far as practical halacha, one is allowed to use his tithes, that is, even the first 10% and even if one only tithes one tenth, for other commandments. However, there is a priority for directing these funds to poor Torah scholars and supporting Torah. Besides that, if the first option is not available, the funds should be given to the needy, and this takes precedence over other commandments.

Shulchan Oruch, section Yore Deah, chapter 251, §3; Ahavas Chesed (vol. II, chapter 19)