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Bava Basra 010: Giving Tzedakah
Dave P. <[EMAIL PROTECTED]> asked:

Hello. I heard from a maggid shiur where he quoted from a gemara the
following. ( ithink he was it was a gemara) If u have even a penny, be very
careful putting it into the pushkah, unless the person in charge of the
pushka is Reb chanina ben tradyon. He managed every penny totally lshm
mitzvah. THE meaning is taht if u give lets say 100 dollars to tzadakeh and
the head of the tzadakeh uses it for lets say a non essential tzadakah
purpose the donor loses his schar. Example, a person gets tzadakah from the
fund that isnt shomer mitzvohs or shomer shbbs. The donor loses schar cause
he couldve given the tzadakeh to support a talmid chacam or a large frum
family. My question is please explain this.

Also i give money to a regular yeshiva like mir in eretz yisroel or torah
vodath. how and should i? i dont know how every penny is managed but i want
the most schar. Please give me a real hesber. 

Thank you
Dave
---------------
The Kollel replies:

It seems that the Gemara to which you are referring is in Bava Basra 10b
(and also in Avodah Zarah 17b), where the Gemara quotes a Beraisa which
teaches, "Rebbi Elazar ben Yakov said, 'One should not give a Perutah to
the charity fund unless a Talmid Chacham like Rebbi Chanina ben Teradyon is
appointed over it'." Tosfos there explains that this refers to appointing a
very trustworthy person over the Tzedakah fund, who will be responsible to
distribute it properly (as described in the Shulchan Aruch, YD 266:1). This
is also the ruling of the Shulchan Aruch (YD 249:7), who points out that
giving Tzedakah to a fund entrusted with a trustworthy supervisor is akin
to the highest level of Tzedakah -- when the poor person does not know the
identity of the person he receives it from, and when the person giving it
does not know who the recipient is.

The Chafetz Chayim indeed writes in "AHAVAS CHESED" that the best form of
Tzedakah is that which is given in order to support Talmidei Chachamim and
the study of Torah, so you are on the right track. (Of course, there are
other rules that determine how to give Tzedakah, depending on a person's
location and the specific needs of others at the time.)

We can never know if our efforts will achieve the goals we have set for
them. However, when one gives Tzedakah to the best of his ability, l'Shem
Shamayim, Hashem will see to it that the money will be used for the proper
causes. (Bear in mind that at the very least, by not scrutinizing how the
recipients of our Tzedakah use the money we give them, we will be Zocheh to
Hashem's mercy and He will not overly scrutinize our deeds.)

Let me conclude with a pertinent story about Hagaon Rav Chaim of Volozhen
that involves this week's Parsha, Vayakhel (as told by Sefer Koheles Yakov
on the Torah, by Rav Yitzchak of Vilna ~1900).

It happened that a certain person stopped giving money to a collector for
the Volozhener Yeshiva when he saw the collector coming to town on a
horse-drawn carriage. He wanted all of his money to go to poor people, and
not to horses and carriages. The collector mentioned to Rav Chaim Volozhen
how distressed he was that a certain person did not give him money this
time. The Rav asked that he be called to accompany the collector the next
time he goes to that town, which he did. When Rav Chaim met the former
contributor, and heard his complaint, he asked him whether he learns
Gemara, Mishnah, Midrash, or Chumash, and he responded that he learns
Chumash. Rav Chaim said, "I will prove to you from the Chumash that you
should not be disturbed by such considerations," explaining as follows.

The verse (Shemos 35:32) says that Betzalel knew how to "discern thoughts
(Lachashov Machshavos) to fashion things out of gold, silver, and copper."
What does it mean that he knew "Lachashov Machshavos?" What "thoughts" is
it necessary for him to know in order to perform his work on the Mishkan?
The answer is that there were many utensils that needed to be made for the
construction of the Mishkan. How was Betzalel to know which gold, donated
by which person, to use for this utensil, and which gold to use for the
other utensil? The answer is that Hashem determines the purpose for which a
person's donations will be used according to the willingness and love with
which he gave the donation. One who gives gold with the most purest and
upright intentions will be Zocheh that his gold will be used for the
Paroches; one who has less pure intentions will have his gold used for more
mundane parts of the Mishkan. The Torah is telling us that Betzalel was
granted the Ru'ach ha'Kodesh "to discern thoughts" and to know the donor's
intentions in giving the donation, and thus he knew what gold to use for
which objects.

Below are some of the things that we have written on the topic of Tzedakah.

All the best,

Y. Shaw

P.S. All donations submitted to Kollel Iyun HaDaf are used to continue our
important work of learning and disseminating Torah worldwide. Visit
http://www.dafyomi.co.il/sponsors.htm .


==========================
 From Insights to Bava Basra 9

9b----------------------------------9b

2) ONE WHO SEEKS TO DO GOOD
QUESTION: The Gemara teaches that if a person is worthy, then Hashem causes
people who are indeed deserving of charity to come to him. If a person is
not worthy, then people who are not deserving of charity come to him. Rabah
derived this from the verse, "May they be caused to stumble before You; at
the time of Your anger, act against them" (Yirmiyahu 18:23), in which
Yirmiyahu asks Hashem to cause the sinners of the people to stumble. Rabah
explains that Yirmiyahu was asking Hashem that even at a time when the
people bend their evil inclinations and seek to do charity, Hashem should
bring to them people who are not deserving of charity so that they should
not receive reward for their acts of charity.

The Acharonim ask that the Gemara in Berachos (6a) and in Kidushin (40a)
teaches that when one has intention to do a Mitzvah but is prevented from
doing it (due to an Ones, circumstances beyond his control), he is rewarded
as if he had done the Mitzvah. Why, then, will it help Yirmiyahu's purpose
if the people give charity to those who are undeserving of charity? The
givers still had intention to do the Mitzvah of Tzedakah, and therefore
they should receive reward for that intention! (SUKAS DAVID, DEVAR MOSHE)

ANSWERS:
(a) The DEVAR MOSHE suggests that it is the sins of the givers themselves
that make them unfit to give charity to deserving causes. Consequently, the
fact that undeserving people come to them for charity is not an Ones, for
it is a result of the givers' own sins.

(b) The NIMUKEI YOSEF in Bava Kama (6b of the pages of the Rif) cites the
RAMAH who explains that a person who gives charity to one who is
underserving will still receive reward only when the giver *is not aware*
that the recipient is undeserving. When the giver is aware that the
recipient is undeserving, then he does not receive any reward for his act.
(I. Alsheich)

------------------------
 From Bava Basra 10:


2) THE SEVERITY OF WITHHOLDING HELP FROM THE POOR
QUESTION: The Gemara relates that Rav Papa was once ascending some steps
and his foot slipped and he almost fell. He lamented that by nearly falling
to his death, he almost met the fate of a person who is Chayav for
desecrating the Shabbos or for worshipping Avodah Zarah, both of which are
punished with Sekilah (falling to one's death, as in Kesuvos 30b). Chiya
bar Rav suggested to Rav Papa that perhaps a poor person once came to him
and Rav Papa did not support him, for Rebbi Yehoshua ben Korchah taught
that one who hides his eyes from the needs of a poor person and does not
support him is considered as if he worshipped Avodah Zarah. Rebbi Yehoshua
ben Korchah derives this from a Gezeirah Shaveh.

What, though, is the logical comparison between worshipping Avodah Zarah
and not helping a poor person?

ANSWERS:
(a) The MAHARSHA (9a, DH Shekulah) answers that when a person gives
Tzedakah, he suffers no loss of funds as a result, because Hashem
replenishes his funds for him, as the verse states, "The one who is
gracious to the poor is considered to have lent money to Hashem, and He
will pay him back for his kindness" (Mishlei 19:17). Accordingly, one who
refrains from giving to the poor has heretical thoughts, for he says to
himself that there is no one who will replenish his loss of funds. It is as
if he is denying the power of Hashem and is worshipping the power of money.

(b) RAV ELCHANAN WASSERMAN (in KOVETZ SHI'URIM here) writes that one who
worships Avodah Zarah does so because he believes that the idol has the
ability to benefit him or to cause him to suffer. Similarly, one who
refuses to give money to a poor person does so because he believes that
money has the power to benefit him and that if he has less money he will
suffer. Hence, he shows that he makes his welfare depending on money, and
not on Hashem, and he makes money the god in whom he trusts. In truth,
though, "Wealth will not help on the day of wrath" (Mishlei 11:4), and it
will not save him from hardship or punishment if such is decreed upon him.
On the contrary, by "suffering" as a result of giving his money to the
poor, he will be saved from suffering in other ways, as we see from the
incident of the nephews of Rebbi Yochanan ben Zakai. The same applies to
doing acts of Tzedakah with resources other than one's money, such as with
one's body; by toiling and bothering oneself, or by suffering some
disgrace, in order to do an act of Tzedakah or a Mitzvah, one exempts
himself from a decree of toil or shame from another source. (I. Alsheich)

 3) A POSSIBLE EXCUSE NOT TO GIVE TZEDAKAH
QUESTION: The Beraisa quotes a Machlokes between the Rabanan and Raban
Shimon ben Gamliel in a case where two partners own an area or an object
that is not large enough to be divided between them, such as a Chatzer with
an area of less than eight Amos (see previous Insight). One partner offers
to let the other have the minimum amount that is necessary for dividing a
Chatzer (four Amos), while he himself will take the remainder, even though
it is less than the minimum amount of a Chatzer. The Rabanan maintain that
the other partner must accept those terms (for they are beneficial to him)
and let the Chatzer be divided. Raban Shimon ben Gamliel says that the
other partner may refuse to accept the terms of the division. The Gemara
explains that the reason why Raban Shimon ben Gamliel says that the partner
may refuse to divide the Chatzer even though he, apparently, is benefiting
from it, is because that partner can claim that he does not want to receive
any gift because the verse says, "One who despises gifts will live"
(Mishlei 15:27).

This concept of "one who despises gifts will live" seems to contradict the
general Mitzvah of giving Tzedakah. Whenever a person gives Tzedakah to a
poor person, he is actually harming the poor person by shortening his life
by causing him to accept a gift! Similarly, how can it be permitted to give
money to support Talmidei Chachamim if "one who despises gifts will live?"

ANSWERS:
(a) The CHIDA (in Teshuvos Chaim Sha'al I:74:42) answers based on the view
of the Rishonim mentioned above (see previous Insight) that when the giver
has intention to receive personal benefit from giving the gift, then it is
not considered a gift. By giving Tzedakah to a poor person or by supporting
Talmidei Chachamim, the giver receives tremendous reward for his Mitzvah,
and thus it is not considered a gift since the giver also benefits from it.

RAV CHANOCH HENOCH KARELENSTEIN zt'l (in Mar'ei Mekomos) answers based on
the words of the OR HA'CHAIM HA'KADOSH in Parshas Mishpatim. The verse
says, "When you lend money to any of My people, to the poor person among
you, do not act to him as one who demands repayment of a loan, and do not
set upon him interest" (Shemos 22:24). The Orach Chaim explains the verse
to be saying, "If you see that you have more money than you need for your
own needs and thus you lend it to My people, you should know that that
money is not part of your allotted portion, but rather it belongs to others
-- to the poor person among you." (The concept that the money that one
gives to poor person does not really belong to the giver is written in the
TUR, Yoreh De'ah 247, who says that the money of a wealthy man is a
Pikadon, a deposit, from Hashem, Who expects the wealthy man to do the
appropriate things with that money.)

Accordingly, giving money to a poor person is not considered giving him a
gift, because that money rightfully belongs to him in the first place. (I.
Alsheich)


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