Showing posts with label Mitzvot: Tzedakah. Show all posts
Showing posts with label Mitzvot: Tzedakah. Show all posts

Friday, November 25, 2011

Better to Give?

A quick thought that came to me as I woke up this morning:

Do we gauge the value of tzedakah based on what the recipient gets, or based on what the donor provides?

From a utilitarian ["Did the indigent receive help"] perspective, we would look at the benefit to the recipient – if I give him something he can’t use, there’s no mitzvah. If someone is starving and I give him a roll of gift wrap, I have not fulfilled my obligation. After all, the biblical mandate of די מחסורו, “Give whatever he lacks,” dictates that I base my gift on his needs.

On the other hand, from a mitzvah ["Did you fulfill your obligation"] perspective we do calculate based on what I give. Case: If I give an indigent person a ride to his relatives for Yom Tov, and it’s a 200 mile trip so that I saved him a great deal of money, that’s a tzedakah contribution. However, if I was going in that direction anyway then I can’t count that toward my maaser kesafim, my 10% tithe, because I didn’t actually give away anything.

Perhaps it’s a difference between the mitzvah of tzedakah and the practice of maaser kesafim, of tithing my income. For tzedakah purposes, we gauge by the recipient. For maaser, we gauge based on what I gave?

I think there’s a lot more to say here, but it’s time to go. Perhaps I'll add more later.

Thursday, August 19, 2010

Scottie Pippen, Jari Kurri and the Jews (Derashah: Ki Tetze 5770)

I'll be delivering the derashah in a shul this Shabbos, so here's a preview:

The Dubna Magid tells of a thief who encountered a wagon driver, whacked the driver over the head and took off down the road with his horses. After a few days of pursuit the driver eventually catches up with the thief - who turns to him and says, “Well, it’s about time; I’ve been exercising your horses for three days! My fee is $500.”

We don’t really reward the thief’s unintended “service” – but we do reward unintended tzedakah; Rabbi Elazar ben Azaryah said as much in commenting on the mitzvah of שכחה.

In שכחה, a harvester who forgets stalks of grain gets credit for accidental tzedakah. Rabbi Elazar ben Azaryah took that further in a Sifri, saying (ה)מאבד סלע מתוך ידו ומצאה עני והלך ונתפרנס בה מעלה עליו הכתוב כאלו זכה – If I lose a coin and a pauper finds it and uses it, I get credit as though I had given tzedakah.

Rabbi Elazar ben Azaryah’s central point is about the nature of tzedakah, but his observation also highlights another important issue: The role of the tzedakah recipient, without whom this act of tzedakah does not exist.

At the moment when our gentleman dropped his coin, he was a schlemiel. But then the עני picked up the coin – and now, instant philanthropist! Or to borrow from quantum physics, the owner of the coin is in an unresolved state when he drops the coin, until either that coin rolls into a sewer drain unnoticed and so he’s a schlemiel, or a pauper takes the coin and thereby resolves him into a baal tzedakah.

Bottom line: The עני/pauper completes the donor’s mitzvah. Indeed, some suggest that this is why we don’t recite a berachah upon the mitzvah of giving tzedakah – because there must also be a recipient, and we cannot thank HaShem for creating a needy person. Without a needy person, the mitzvah cannot happen; it’s a joint effort.

Viewing a mitzvah as a joint effort is part of a larger halachic and philosophical picture which portrays all Jews as interlocking puzzle pieces, individual spirits that are part of a greater soul, nanomachines whose cooperative contributions create collective success in the mission of fulfilling Torah. It’s the way we view community, and Jewish community in particular. We are not independent pieces; Rambam calls the person who performs mitzvos on his own a פורש מן הציבור. We interconnect, and we contribute to each other’s righteousness, knowingly and unknowingly, in order to bring the greater mission to fruition.

This interconnectedness mandates the Torah’s overarching לפני עור prohibition; ולפני עור לא תתן מכשול, I am not allowed to do anything which will cause others to stumble in sin. My responsibility is not only to my own righteousness, but also to burnish the righteousness of others around me until it shines.

And this interconnectedness mandates the concept of כל ישראל ערבין זה בזה, of mutual mitzvah responsibility. I can fulfill mitzvos on behalf of others, such as by reciting kiddush for them, and Rav Soloveitchik explained that this is because my mitzvah of kiddush is incomplete so long as someone else has yet to fulfill his mitzvah. We all interlock.

Within this greater interconnectedness, I am not only capable of turning others into tzaddikim, but Halachah demands that I turn others into tzaddikim. An עני doesn’t only have the option of picking up the coin and so turning a schlemiel into a philanthropist – he is actually obligated to do so.

This interconnectedness has daily practical applications:
• A Yom Tov meal that shared with others fulfills the Torah’s mandate of inviting others to join our celebration.
• A kohen serves as a kohen only if people come to him to bring a korban on their behalf.
• When we daven with a community, it’s תפילה בציבור only when people are participating. The Shulchan Aruch writes regarding the repetition of Shemoneh Esreih that people’s responses of Amen are what make the chazzan’s berachos valid.
• Or think about lashon hara; when I refuse to listen to the latest scandal du jour, I save the other person from a significant עבירה.
• Or look at talmud torah – When I listen to the rebbe, I convert him into a מגיד שיעור, enabling him to fulfill the great mitzvah of teaching Torah.

This is why we create kehillos, shuls, batei midrash and chavrusos, gemachs and chevros kadisha ר"ל, vaadim and so on – because we need others in order to make our mitzvos complete, and because we are obligated to do the same on their behalf. All of us, multiple times each day, have opportunities to play the role of the עני, helping others to go from schlemiels to tzaddikim by cooperating in their mitzvos.

I know Canadians don’t pay much attention to basketball, but in this mission we are like Scottie Pippen, who was admitted to the Basketball Hall of Fame last week.
Scottie Pippen made his career as second fiddle to Michael Jordan, winning six championships with him. Pippen was a great player in his own right, one of the greatest defensive players ever and a fantastic shooter, even named recently as one of the Top 50 basketball players of all time – but his claim to fame is as the man who made someone else shine.

For hockey fans, think of what Jari Kurri did for Wayne Gretzky.

Being Scottie Pippen or Jari Kurri is what Rabbi Elazar ben Azaryah’s tzedakah recipient does for the accidental בעל צדקה, it’s what we do when we answer Amen or listen to a shiur or decline to hear לשון הרע - we assist others in their mitzvos, we help them shine, and so we make the greater, interconnected whole a success.

-
Notes:

1. The Dubna Magid's story, in its original form (which I have altered somewhat), appears in Mishlei Yaakov to Ki Tetze, on Bilam's attempt to gain credit for blessing the Jews. Bilam does not get credit, since he intended to harm us.

2. Rabbi Elazar ben Azaryah's comment is in Sifri Ki Tetze 73; note that Rashi to Devarim 24:19 uses a slightly altered version. Also, I saw one writer who sought to read the Sifri's כאלו as though this was not wholly considered tzedakah, but I do not believe this read is correct.

4. On the issue of intent in tzedakah, note that we look at tzedakah not as Latin caritas, an act of charitable love for the needy, and not as Arabic zakat, an act of intentional sacrifice, but as tzedek, a natural transfer of HaShem’s wealth to those who deserve it. As Pirkei Avos says, תן לו משלו שאתה ושלך שלו, all that we distribute really belongs to HaShem. So I don’t need to give it lovingly, willingly, or even knowingly; tzedakah is tzedakah, regardless.

5. On the role of the pauper in enabling tzedakah, see also R’ Akiva’s reply to Turnus Rufus regarding tzedakah and בנים אתם, in Bava Basra 10a.

6. The importance of an Amen in making a chazan's berachah legitimate is in Shulchan Aruch Orach Chaim 124:4.

7. Part of an alternative ending I considered for this derashah: The concept of turning others into tzaddikim is an unusual application of what Rav Chaim of Volozhin described as the purpose of our very existence. As Rav Chaim’s son, Rav Yitzchak, described his father’s counsel: וכה היה דברו אלי תמיד שזה כל האדם. לא לעצמו נברא רק להועיל לאחריני ככל אשר ימצא בכחו לעשות – “These were his constant words to me: This is the entire person. One is not created for himself, but to benefit others with the full extent of his powers.” Certainly, the normal way to fulfill Rav Chaim Volozhiner’s advice is to offer chesed, to give tzedakah, but there are a myriad ways in which we interlock, and in which we can be מועיל לאחריני, we can turn the people around us into tzaddikim.

Friday, August 14, 2009

I am my money

[For those who came looking for my post from last night: Sorry, but I took it down. The post was too simplistic for the idea I wanted to convey. Perhaps I will re-visit the topic at some point.]

The gemara [Gittin 57a] tells of an anonymous matron from the house of Boethus [see Marta bat Baytus here] who lived during the Roman siege of Yerushalayim. She sent her servant to the market for fine flour, but it was sold out before he arrived. He was not a terribly independent thinker, and he returned home for guidance on purchasing flour of a poorer quality. The matron sent him back for the cheaper flour, but, once again, it was sold out by the time he arrived. Again, he returned home for guidance.

This scene went through four iterations, the servant going for four different types of flour and, each time, returning empty-handed. [Maharsha suggests a link to the four types of flour-offerings brought in the beit hamikdash.]

Finally, the matron goes out to the streets herself, experiences something that is a shock to her pampered system (see the gemara there), and dies. During her pre-death shock, she throws her gold and silver into the streets, declaring, “What use is this to me?”

That story has always bothered me:

• First, was this servant truly so dull-witted that he didn’t realize he should purchase the best remaining flour, rather than go home to consult?

• And second, while the emotional aspect of the matron throwing her money into the street is clear, is there a deeper message? The gemara there connects it to Yechezkel's prediction [Yechezkel 7] that the Jews would throw their gold and silver into the streets; perhaps there is a deeper message involved?

Two stories of my own:

• I was recently cheated of some funds. I got over the loss quickly, but I remained troubled by what this told me about the person's personality.

• A while back, someone offered me money as a gift, for something I had done. I declined to take it for myself, and this person was upset.

These events, and similar ones, set me thinking about what money means to us, beyond the ability to purchase our (perceived) needs.

It seems to me that money is often our interface with the world; whether in coins or bills or barter, it is the “currency” of our relationships:

• What we do with money displays our values;
• The way we share or use our money shapes our relationships;
• Our financial decisions are key ways we exercise control over our world;
• Our spending shapes our commitments to others;
• And so on.

There is much more to say here, many sources could be invoked, etc., but it’s a blog post, not a derashah. [No derashah to write this week! What an odd feeling.] Bottom line: Our use of money, like our facial expression or our speech, is a key interface between us and the world, a statement of our identity.

This may be Yechezkel's message of people casting money into the streets; more than a statement that money is worthless during a famine, it’s a statement that their entire persons are gone, their identity is gone.

And perhaps that’s why the matron’s servant couldn’t act on his own: He feared misrepresenting his boss in public, lest her man be seen purchasing sub-quality produce.

Of course, since this week is Parshat Reeh, the message does tie into tzedakah as presented in Devarim 15:7-11. If our spending is an expression of our identity, then surely tzedakah is a way for us to express that finest element of our personalities…

Okay, fill in your own derashah and closer here; I told you, this is a blog post, not a derashah.

Wednesday, May 13, 2009

Modesty, Responsibility and Tzedakah

I was the Resolutions Chair for last week's RCA Convention.

I am not ordinarily a fan of resolutions; as I told the person who solicited me for the job, I am not sure that resolutions actually accomplish anything. But I was blessed with a good committee, and we produced documents which I feel convey a Torah outlook on topical issues. The documents aren't particularly controversial, mostly expressing common sense, but that's fine with me; I don't feel any particular responsibility to generate controversy.

I am proud of the fact that the documents are not simply We believe X or The community must do X. Rather, they are expressions of a thought-out philosophy, which leads to specific practical conclusions.

One of our resolutions called for people to spend modestly, to spend responsibly and to give responsibly. Here's the text (you can also find it on-line at the RCA website, along with the rest of the resolutions); I am grateful to Sephardi Lady of Orthonomics for some of the ideas herein:


Even in ripest times, the Jew is commanded by Torah and tradition to "Walk modestly with G-d," eschewing ostentation. The Jewish citizen is further required to measure the arc of his financial steps with responsible care. Tzedakah, too, is a fundamental Jewish imperative, conveyed in both lore and law; our righteous ancestors defined their well-being not by the number of possessions they acquired, but by the number of mouths they fed.

Today, in the midst of an international economic crisis, our tradition demands that we re-commit ourselves to these values of modesty, responsibility and tzedakah. Modesty, because the Talmud teaches that we may not enjoy luxury when others suffer, let alone when we, ourselves, are suffering. Responsibility, because the bite of personal debt inflicts pain upon the entire community. Tzedakah, because since the days of Devarim we have been instructed to employ our wealth as a weapon against the poverty of others.

Were the financial crisis to end tomorrow, our community would, nonetheless, be required to live modest, responsible and generous lives; we can do no different when surrounded by unemployment and economic despair.

Therefore, the Rabbinical Council of America resolves that we must turn to Modesty and Tzedakah, as a community, in part through the following practical measures:

We call upon our communal institutions to join forces, pooling purchasing power as well as resources, and avoiding duplicate efforts;

We call upon our yeshivot and summer camps to eliminate expenses wherever possible, to enable more families to afford tuition;

We call upon our simcha vendors, including caterers, florists and photographers, to offer low-cost, modest options for weddings and other celebrations. At the other end of olam hazeh, we call upon funeral homes and cemeteries to likewise offer low-cost, modest options for their services;

We call upon our rabbonim and poskim to continue to be sensitive to the current financial she'at hadechak in legislating for our communities, as well as to look out for the welfare of the neediest among us;

We call upon every Jew to opt for modest choices and lower costs, to guard against deficit spending, and to direct some of the consequent savings toward assistance for others.

And we ask those who can afford more to purchase less, in pursuit of modesty and responsibility and in recognition of the social pressure that their luxury brings to bear upon others.

May Zion soon be redeemed with justice, and may her children return to her with righteousness.

Monday, February 9, 2009

Rabbi's Benevolent Fund: '08-'09 Shareholders Annual Report

For the past four years, I have disseminated an annual report for my Benevolent Fund at the end of each fiscal year, via a synagogue mailing. This year, especially given the OU/Agudah/Young Israel Parnossah Initiative to build up community funds, I have decided to post the report on this blog as well, in case it might assist others who run such funds to prepare similar reports. (For more on my beliefs on the role and operation of a Rabbi's Benevolent Fund, click here.)

What is the Rabbi’s Benevolent Fund?
For thousands of years, Jews have maintained communal funds meant to serve local people and wayfarers in times of need. The needs of the community have been served, and these funds have preserved the anonymity of both donor and recipient; only the collectors and distributors have known who was helping and who was being helped.

Today, in America, we continue that tradition with the Rabbi’s Benevolent Fund. Donations to the Rabbi’s Benevolent Fund do not go to Congregation Sons of Israel and its direct needs, although a small portion of Benevolent Fund money is used to support Sons programs (see below under Program Services).


Does a Tzedakah Fund need to issue a Shareholders Report?
As part of our mitzvah of tzedakah, we are obligated to make sure our tzedakah is used appropriately. The Rama wrote in the Code of Jewish Law (Yoreh Deah 257:2) that one is not allowed to give to a Tzedakah Fund that is not administered responsibly, and he said, “One should present a public accounting.” Therefore, every tzedakah organization must provide its donors with the equivalent of a corporate earnings report, detailing how the tzedakah is spent. Of course, the anonymity of the recipients must be preserved, but general information should be disseminated. That is the purpose of this report.


Administration of the Fund
Our Fiscal Year runs from February 1 through January 31, to approximate the reading of Parshat Terumah on the calendar; Parshat Terumah records the first Jewish Tzedakah campaign, raising money for the Mishkan the Jews carried with them in the desert.

The anonymity of Fund beneficiaries creates a special problem: The Gemara comments that a Tzedakah fund should never be administered by just one person. If you are ever solicited for a fund which has only one person in charge, know that the Gemara tells you not to give!

To solve that problem, a person who is not related to anyone at Sons of Israel has access to the checkbook and is able to verify that I am using the money appropriately.

Income
Over the past fiscal year, the Fund collected $26,770. This is down about $7,000 from last year. I attribute the drop primarily to the economic downturn, and to the urgency this year for contributions to tzedakah causes in Israel.

This money came from donations in honor of special occasions, money put in the Tzedakah box in Shul, donations in honor of services I was able to render to families, and money solicited for specific needs.


Overhead
There were no overhead costs, administrative salary or fundraising costs this year.


Program Services
Program Service Expenditures: Over the past fiscal year the fund distributed $24,992, or most of our in-take – and down from last year’s distribution of $32,554.

$10,884, or about 43.5% of the total distribution, went to Special Collections run by the Benevolent Fund and collections by people who came to us for specific institutions and families. This is the highest total in several years, largely due to growth in our fundraising efforts for IDF troops and Gush Katif.

Another $9,435.75, or about 37.8% of the total distribution, was disseminated locally in loans and gifts for basic needs, including food, utility bills, and tuition. For comments on Local Aid, see the next section.

Another $3,907.25, or about 15.6%, helped local organizations like Jewish Family Service and the Lehigh Valley Kashrut Commission to meet community needs. For comments on Aid to Community Institutions, see the next section.

$565, or 2.3%, was distributed to almost one hundred organizations that sent the shul envelopes, requesting assistance. These institutions are generally schools or social service organizations. Many more such organizations are rejected, either because I am unable to verify their validity or for other reasons. This is the lowest total since I have been keeping records; I am cutting down on these contributions, in order to support local needs.

Finally, $200, or .8%, sponsored Sons of Israel programs. This is in line with past years’ support of the shul. We provided the normal $100 for a Chafetz Chaim Heritage Foundation video, $72 to a yeshiva in Baltimore for the calendar that we use to set the times for synagogue services, and $28 for the Yad l’Achim calendar the shul receives.


Comments on Program Services
Aid to local families was dramatically down, from $20,946.43 last year to $9,435.75 this year. However, this is largely because the previous year’s total included $14,000 in loans, and there were no such loans this year – so that direct, non-loan aid was actually up more than 25%. These gifts to local families constituted almost 38% of our spending. Tuition aid ($7785.75) was the greatest portion of this aid to local families.

Like last year, almost $4,000 went to help local Jewish community institutions. This is almost double the spending in this category for the preceding two years. Unfortunately, I expect to need to maintain this level in the coming years.


Looking Ahead
The needs of our local community are growing, both in terms of private needs for non-loan aid and in terms of the needs of communal institutions which come to the Benevolent Fund for aid. Our donors have been generous, but we will be pressed to increase our giving in order to maintain our ability to serve the community’s needs.

We managed to balance earnings and distributions this year. The Fund keeps a moderate cushion of two to five thousand dollars to allow for sudden needs, and we will have to be careful in coming years to maintain that cushion.


Thank You!
On behalf of all those who were assisted this past year, and who will be assisted in the future, thank you for being so generous toward the Benevolent Fund.

Monday, September 29, 2008

Daf: Gittin 61-64 – Tzedakah for all human beings, Halachic deception, Feed animals first

[Haveil Havalim is here...]

This is a feeble attempt to sort of catch up with my notes a little bit, in the middle of Yamim Noraim when I ought to be writing my Shabbos Shuvah derashah. If you’re not into the notes on the Daf, feel free to scroll down for other material, perhaps to speeches for Day 1 (Risk-taking) and Day 2 (Depression) of Rosh HaShanah. I won’t be offended.


Gittin 61a
The gemara says that there is a debate regarding the ownership of wild creatures caught in a trap which does not have a receptacle component, but I am not clear on why this is a debate. In the mishnah in Rosh HaShanah and Sanhedrin regarding disqualifying people from testimony for acts which are classified rabbinically as theft, we include people who lure birds from others’ dovecotes, even those the dovecotes do not hold the birds in receptacles.

In the story of Rav Kahana taking someone’s dates, he had the halachic status of a pauper because he was traveling on the road, and so he was entitled to them.

See Tosafot שדי אופיי, who disagrees with Rashi as to what Rav Kahana was doing to get the dates.

The gemara here approves of providing tzedakah for non-Jewish needy people when we provide it for Jewish needy people. Note that this does not qualify, though, for the maaser kesafim custom of giving 1/10. This is because we are dealing with two different practices here: Tzedakah obligates me to give to a needy person I see. Maaser Kesafim is a separate custom to separate 1/10 and find someone who needs it. (There are views that MK is more than a minhag, but I find the minhag explanation most compelling. See Prof. Cyril Domb’s excellent selection of resources on the topic in his book Maaser Kesafim.)


Gittin 61b
Note that Abayye here disagrees with Rava, but answers a challenge to Rava's view on his behalf.


Gittin 62a
The gemara here recommends that we tell an am ha’aretz that by touching dough he will return it to its untithed state, because we know he doesn’t take impurity seriously but he does take tithes seriously.
This idea of lying for halachic gain bothers me a great deal, especially when Tosafot שלמא further down the page says that one may not pretend to greet someone warmly when you are really greeting a third party, lest you be guilty of deception!

The gemara here notes that one should feed his animals before eating personally, from the order of HaShem’s promise that if you will follow the mitzvot, Hashem will give grass for your animals, and you will eat and be full. Note, though, that regarding drinking we say that people should drink first, since Rivkah gives water to Eliezer first, and only afterward to his camels.


Gittin 63b
In the middle of the page: I believe that the word should be ליישה rather than לישא. It’s a feminine verb for “kneading.”


Gittin 64a
We say here that if a man sends a proxy to betrothe an unspecified woman, and the proxy dies without informing him whom he betrothed (if any), then the man may not wed, lest he accidentally wed a relative of his betrothed. This is often cited as an explanation for how Lavan wished to destroy “everything,” as alleged in the Haggadah – since he and Betuel plotted to kill Eliezer, with the result that Yitzchak would now not have been able to wed. However, see my notes here explaining why this is not a concern, using Tosafot from Nazir 12a.


Gittin 64b
The gemara here says that the sages empowered an underage shifchah to acquire the meal of שיתופי מבואות on behalf of others, even though she is underage, since the entire construct is rabbinic. But I don’t understand – once they felt free to expand to an underage shifchah, why didn’t they also permit one’s underage children?
Perhaps it’s because then you have two problems – the fact that they are underage, and the fact that it isn’t actually a transaction, where they live in the parents’ home. (But then what if they live independently, and don’t depend on the parents’ table?)

Friday, September 26, 2008

Gambling on Rosh HaShanah (Rosh haShanah, Day 1)

Credit where credit is fully due:
I once participated in a "Yarchei Kallah" program run by Rabbi J.J. Schacter, in which he mentored young rabbis in the art - and with him, it truly is an art form - of the Derashah. Yeshiva University's Center for the Jewish Future has since taken the program under its wing, and Rabbi Schacter continues to lead this program, and to help young rabbis become darshanim, and more.

The idea that triggered this derashah - the midrash about HaShem rejecting Emet and taking a risk on creating humanity - came from Rabbi Shalom Axelrod's development of an idea expressed by Rabbi Schacter at a Yarchei Kallah program. Rabbi Axelrod's derashah was printed in a tribute collection for Rabbi Schacter, "His mother didn't call him, 'Our Beloved Teacher.'"

The federal government has finally admitted the full extent of our economic shambles, congressmen are competing to describe the meltdown in the most dire terms possible, banks have closed or are threatening to go that route - and everyone is blaming the gambles of greedy banks, the audacity of greedy lenders, the risk-taking of a greedy market. Risk-taking has acquired a bad name over the past two weeks.
So it is with some trepidation that I say that one of the most important themes of Rosh HaShanah is this: Take audacious risks. Gamble with money, gamble with relationships, gamble with Judaism.

Perhaps the most important gamble in human history occurred on the very first Rosh haShanah - and the gambler was Gd.
On that first Rosh haShanah in history, 5768 years ago, Adam and Chavah ate the fruit they had been warned not to eat, the fruit regarding which Gd had said, “On the day you eat this, you will die.” But they didn’t die that day. What happened?
Gd opted to forgive Adam and Chavah. Gd took a chance on their future righteousness.
In fact, the midrash records that even before Gd created humanity, Gd was already gambling on us. As Gd determined to create us, the Divine attribute of Truth protested, arguing that human beings would tell lies - and Gd refused to listen, opting to gamble on us instead, arguing that, as the Kotzker explained, אמת שאומר אל יברא אינה אמת, Truth which refuses to create, to take a chance, to lose once in a while, is not truth.

Gambling is required, and losing is acceptable, because this world is not meant to be a place of perfection; Gd designed this world as a laboratory, and laboratory experiments fail.
We are taught in Pirkei Avot, העולם הזה דומה לפרוזדור, This world is a hallway, a preparation area, a lab for the next world. Certainly, we take this world seriously, we try to mend the world and improve it. And if we fail, the consequences for ourselves and for other people are real. But the message of Pirkei Avot and the Torah is that in this Research & Development lab, mistakes are part of the learning process.
Unlike the greedy banks and lenders, we take risks for the sake of noble values, for the sake of helping others - and then, if we fail, we can accept that, and Gd can accept that. Gd does not rig the table; He deals the cards, bets on our success, and lets the chips fall where they may.
This is why Gd can create Humanity and forgive Adam and Chavah, all the while knowing that they and their descendants will fail again: Because in the lab that is this world, it’s all right to take a risk and fail. We just get up again and keep on going.

Today, Rosh haShanah, the anniversary of the inauguration of this laboratory of chance, we ignore the calamitous market and we are inspired to take chances - financial, social, and spiritual.

First, a financial gamble.
This is a time of year when Jews traditionally pledge tzedakah - as we will say shortly, ותשובה ותפילה וצדקה מעבירין את רוע הגזירה - Repentance, Prayer and Tzedakah will remove the evil decree. Shlomo haMelech/King Solomon wrote, וצדקה תציל ממות, Tzedakah rescues us from death.
In this market, though, I’ll bet many of us are planning to reduce their tzedakah. That with the economy teetering, by all accounts, on the brink of collapse, with an ongoing recession and the new threat of a crash, with unemployment and shrinking retirement funds and lost scholarships and skyrocketing costs of staples, many of us - most of us, even - feel we just can’t do it anymore.
The cards will be on our seats next Wednesday evening at Kol Nidrei, and it’s a safe bet that some people who used to fold down 180 will have to think long and hard before doing that again. Some people who used to push 54 might not be able to convince themselves to do that, either. And won’t we be smart, won’t we be prudent, when we reduce the tzedakah we give? After all, our assets are in danger!
To which Rosh haShanah says “No.” Despite the market and the banks, despite our fears for the future, it is still time for us to gamble. We have been promised, and it’s actually recorded as law in Shulchan Aruch, לעולם אין אדם מעני מן הצדקה, We will never go broke giving tzedakah.
Giving tzedakah is not the same thing as gambling on sub-prime loans. The bankers, the lenders, were gambling for the sake of lining their pockets. We, on the other hand, gamble on helping other human beings. Supporting a shul, a school, a Jewish Family Service, a mikvah, a needy family in Israel.
I am not speaking glibly about something I am asking others to do, about some challenge for others to face. Over 40% of my take-home salary goes to tuition, and almost 20% goes to mortgage and real estate taxes. Add in gas and groceries and medicine and clothes for six and you realize that, yeah, Torczyner has a pretty good handle on what economic crisis means. But I believe that לעולם אין אדם מעני מן הצדקה, I will never go broke giving tzedakah, and Caren and I are going to act on that belief for Israeli tzedakot, for Federation, for the Mikvah, for Jewish Family Service, for JDS, for the shul.
Please understand: I am not saying that a family should take bread out of its own mouth in order to give tzedakah; the first and most important tzedakah is to one’s self and one’s family. There are more ways to help other people, piety should not be linked too closely to the pocketbook. Tomorrow we’ll talk about one way to help people, that has nothing to do with spending a single cent. And if you need assistance, please, please come to me - thank Gd, and thank our community, the Rabbi’s Benevolent Fund can help.
But if there is something left over after the immediate needs are met, then before locking down the savings account, remember the words of the prophet Malachi - ובחנוני נא בזאת, Test Gd on this: If you will separate out your tithes, then HaShem will open for you the storehouses of the heavens and rain down unlimited blessing upon you.

Tzedakah is one gamble we should make, even in this risky world. Here’s another one: It’s time to gamble on our families, on our most fundamental relationships.
There is not a single family that doesn’t harbor a broken relationship - siblings who have not spoken in years, a husband and wife who have become bitter over each other’s offenses, children who cannot stand the thought of speaking to their parents, parents who feel betrayed by their children, aunts and uncles who boycotted your wedding, cousins you wish had boycotted your wedding, you name it. This is normal in human relationships; relationships grow, and break. But they can also heal, and it’s amazing what an outstretched hand can do toward that end.
Three years ago today, I spoke about the reconciliation between Avraham and his exiled son, Yishmael.
There was good reason for this relationship to break, and remain broken.
*Avraham kicked out his seventeen year old son, giving him nothing of his vast estate but a loaf of bread and a jug of water. Avraham gave more to three anonymous passersby than he did to his own son!
*Yishmael, for his part, endangered the life of his brother, Yitzchak, and Gd personally approved of Avraham’s eviction of Yishmael.
If ever there was a reason for a relationship to break, and to remain broken, this was it!
But it did not remain broken; as the midrash tells us, Avraham pursued a reunion with his son Yishmael, and, eventually, not the first time but after a while, he got it. And when Avraham passed away, Yishmael was there - honoring his younger brother, Yitzchak, putting him first in the burial procession.
Avraham took a chance, reaching out to a son whom Gd had described as פרא אדם, a wild man, who in his youth had wandered off into idolatry, sexual immorality, and murder, a son who had lived a life far removed from Avraham’s דרך ה', his path of Gd.
Yishmael took a chance, too; he could have rejected Avraham’s advances. Yishmael could have berated Avraham for kicking him out of the house.
Avraham put his heart on the line and reached out - he was willing to risk losing, and because Gd taught us in creating and forgiving humanity that taking a chance is not only permissible, it is imperative.
And Yishmael responded.

And a third gamble: When it comes to our spiritual lives, we need to take chances in this laboratory world as well.
We spend so much of our religious lives working off of old ideas - stories we learned in grade school or Hebrew school and have not examined since, beliefs our parents conveyed to us and we never really questioned, empty stereotypes of Judaism, practices we perform regularly or ignore regularly. Of what value is a religious life unexamined?! Of what value is a Judaism that substitutes ritual for thought, scenery for substance, rote for re-examination?
Prayer which is unexamined rote needs risk-taking to shake it up. Shabbat without thought, whether spent in shul or at home or at the mall, needs risk-taking to shake it up. Every mitzvah is available for us to re-examine and re-invent at every opportunity, so that it is new every time.
All of us - those who are here for the first time since we sounded the shofar at the end of last Yom Kippur, and those who come here every morning and evening - all of us can take chances today. We are taught that Gd gives us the Torah היום, today, each and every day, בכל יום יהיו בעיניך כחדשים, each day these laws, these ideas, should be new in our eyes, like the first day we heard them, like the moment we stood at Sinai.
Of course, religious re-examination is hard; it’s a threat to the status quo. It might lead us to do more, it might lead us to do less. We might read the Torah and come away believers; we might read Richard Dawkins and come away heretics. That kind of unpredictability is uncomfortable. We love our stability.
But this is precisely why we must take chances - because the status quo is seductively comfortable, and profoundly unacceptable in its seduction. Yes, doing so risks making the wrong decision - but in creating humanity and in forgiving Adam and Chavah, Gd taught us that failure is acceptable, so long as we take a chance. The only falsehood is the decision of אל יברא, the decision not to gamble at all.
Some 2800 years ago a prophet named Eliyahu stood astride a mountain and challenged the priests of the Canaanite idol, the Baal. Right in the middle of their territory and under the nose of their royal supporters, Eliyahu dared the priests to bring a public offering to their god, and to summon fire from heaven, in front of the assembled nation, to consume the offering.
As the priests carried out their rituals Eliyahu taunted them, asking if they should not pray louder; maybe Baal was sleeping, or chatting with someone, or in the bathroom. He was Stephen Colbert and Jon Stewart and Billy Crystal in one, commenting on the Baal rituals for the amusement of all - and putting himself further and further out on a precarious limb, if he should fail to deliver in his own offering.
When the priests of Baal had failed, Eliyahu built an altar and had water poured all over it, once, twice, three times. Then he cried out, beseeching Gd to reveal His authenticity to the nation - and a fire came down from Heaven and consumed the offering, the wood, the stones, the dirt - and even the water.
Eliyahu took a massive risk. He lived at a time when prophets of Judaism were being slaughtered by the queen. He was in the distinct minority just for believing in HaShem! And he turned to his nation and said, “Look, folks, it’s time to decide what you believe: If you believe in Baal, go follow Baal. If you believe in Gd, come, follow Gd.”
Eliyahu bet his beliefs, he bet the beliefs of the public, he bet his very life, on a distinct longshot - because it wasn’t a selfish gamble for his own sake, it was a gamble for the sake of the nation. He was willing to bear defeat - and he didn’t lose, he won.

Even as we shoulder the burden of Wall Street’s profligate gambles, remember that their mistakes should not dictate our future. A selfish gamble will never be rewarded - but using Gd’s forgiveness as a model, we endorse selfless gambling. Losing is acceptable, and part of the enterprise that is this world.
William Arthur Ward wrote a poem called “To risk” in which he summed up our message beautifully:
To laugh is to risk appearing a fool,
To weep is to risk appearing sentimental.
To reach out to another is to risk involvement,
To expose feelings is to risk exposing your true self.
To place your ideas and dreams before a crowd is to risk their loss.
To love is to risk not being loved in return,
To live is to risk dying,
To hope is to risk despair,
To try is to risk failure.
But risks must be taken because the greatest hazard in life is to risk nothing.
Gd gambled in creating us, and Gd did it again on Rosh haShanah 5768 years ago in forgiving Adam and Chavah; today, as we hear the Shofar blasts and contemplate our paths for the coming year, we are blessed with the opportunity to do the same.

-
Notes:
1. The poem at the end also comes via Rabbi Axelrod. Avraham's reconciliation with Yishmael is a theme I first appreciated from Rabbi Schacter's elaboration thereon at a Yarchei Kallah program.

2. Ibn Ezra is the one who says HaShem forgave Adam and Chavah; others have other explanations. The midrash on Creation is from Bereishit Rabbah 8:5. The Shulchan Aruch's reassurance regarding tzedakah is Yoreh Deah 247:2.

3. I worry about being too cavalier for some people who are reluctant to ignore financial peril, and too harsh for others who cannot afford to ignore financial peril. But I truly believe in this ideal, I live it, and I believe it is my job as Rabbi to promote it.

4. I had a million topics to talk about today - Israel, Agriprocessors, various electoral issues, and so on. But, to me, Rosh HaShanah and Yom Kippur are fundamentally about working on ourselves, about making ourselves the best we can be, and so this is the route I chose to go. If I publish Day 2, you'll see the same thing there.

Thursday, September 11, 2008

Daf: Gittin 51-54 – Psychology of Borrowers, Tzedakah, Dream Prophecy and Parenting

Getting closer to catching up on my Daf Yomi notes. Bored by this? No problem; jump down to read about how Israel, with Large Hadron Collider, creates Black Hole to destroy Palestinians.

Gittin 51a
See Tosafot וכי; I find this read simpler than that of Rashi.


Gittin 51b
Our gemara here makes a psychological assumption which, I think, requires explanation. The gemara says that a borrower who could not pay back his debt might deny part of the debt in an attempt to stall full payment, but he would not have the chutzpah to deny the debt entirely, in front of his benefactor. Therefore, if a defendant denies a debt entirely, we trust him.
In our day, this seems strange – of course people would lie! But I think that’s partly a function of the change in lending habits. Today, individuals rarely lend significant sums of money; institutions are the lenders, with their mortgages. But in the days of the gemara, as I have explained elsewhere, interest-free loans were the chief engine of tzedakah from one individual to another.
Therefore, the borrower, knowing he has received hefty tzedakah from the plaintiff, would not have the hubris to deny the tzedakah outright and in entirety.


Gittin 52a

The gemara here says that court-appointed guardians cannot perform mitzvot for his charges using their funds, if the sums that would be spent would not be known and fixed (קצבה). Mezuzot are considered to have a known, fixed value. Tzedakah, on the other hand, does not.
One might argue that tzedakah has a fixed value, 10% of income, but that would not be correct. We have two separate mitzvot of tzedakah. One is the requirement to give to needy people who are standing before us, and there is no limit on that giving. The practice of giving 10% is a separate custom of allocating 10% of our income to tzedakah, and going to find needy people to whom we will be able to distribute it.

The gemara here says that dreams “לא מעלין ולא מורידין,” have no practical import. This would seem to clash with the idea that dreams have some element of prophecy, a view held by many sages!
Of course, the most famous passage of gemara on this theme, in the 9th chapter of Berachot, offers both views. Ibn Ezra, though, among others, argued that the majority view is that dreams do have great prophetic significance!
R’ Yehudah haChasid (Sefer Chasidim 444) argued that dreams are considered prophetically significant. He explained our gemara to mean that if one sees in a dream that he should do something wrong, then he should say that dreams are insignificant. This fits our gemara, in which the dreamer (Rabbi Meir) felt the dream was giving him inappropriate counsel.


Gittin 52b
The gemara says that although we ordinarily require a thirty-day waiting period for evaluation and bids before selling minor orphans’ property on their behalf, this is not the case where the money is needed for burial. Tosafot ולקבורה asks that this is obvious, since we don’t delay burial! He explains that the gemara is saying we would sell off the property immediately even to pay debts incurred in the process of burial.


Gittin 54a
The gemara here debates whether we fine people for accidental violation of the law, in order to keep them from violating it intentionally. There is a concern that if we do not penalize accidental violation, people will be careless.
This same debate comes up in the field of parenting, too; do we punish children for accidents, in an attempt to make them be more careful? Does that method work?


Gittin 54b
Abayye says that we believe a person who says that he disqualified my korban or contaminated my produce with טומאה, if he could just as easily do it right now, anyway. The idea seems to be that since, if we didn’t believe him, he could go ahead and do it right now, we might as well believe him about the past.
This seems a bit odd to me; after all, his testimony about the past was that happened by accident in the past. Would we really think he would do this intentionally, violating biblical law?! (There is, as I recall, a Tosafot in Bava Metzia on a similar idea in a מיגו argument.)

The gemara here talks about repairing a Sefer Torah in which all of the Names of HaShem were written with improper intent. It talks about tracing over the Names with proper intent, but doesn’t mention the other solution: cutting out the parchment in each spot, and replacing it. Presumably the reason it doesn’t mention this approach is because the same problem that applies to tracing – the fact that it will make the Torah scroll look odd – would apply to this solution, too.

Monday, September 8, 2008

Daf: Gittin 45-50 - Prisoner exchanges, Minim, Yovel, Lending, Is Marriage a Mitzvah?

Still catching up on posting thoughts on the Daf. For those who are less text-oriented, jump down to My Noachide Wedding.

Gittin 45a
The gemara here mentions Levi bar Darga redeeming his daughter from captivity for 13,000 gold coins. Note my comments here (Nedarim 25a) and here (Nedarim 41), about thirteen being a number used in the gemara for exaggeration, for effect.

Our gemara talks about not paying too much to ransom captives. Tosafot דלא here asks the classic question regarding talmudic cases in which overly large sums were paid, and gives three answers which shape, to this day, our policy in issues like prisoner exchange: Greater expenditures are justified, potentially, if one is redeeming his wife/himself, or if one is redeeming a person who is exceptionally valuable for society, or if one is in an environment where capturing/ransoming is normal, so that one is not really risking additional kidnapping by acceding to a demand.


Gittin 45b
See Rashi here on מין. Here Rashi says “min” means “one who cleaves to idolatry, like a priest.” See also Rashi to Sanhedrin 38a, where Adam haRishon is accused of being a “min.” See also Rashi to Shabbat 116a ספרי מינין. See also Rashi Berachot 12a "Minim", and Rashi Shabbat 75a. However, Rashi Berachot 12b מינות says “those who convert the logic of Torah to erroneous analysis and idolatry.” (Note the censored edition there, though, which may explain this comment in Rashi.)


Gittin 46a
Tosafot כיון is very important, explaining the justifications for honoring the deal struck between the Jews and the Givonim after entering Israel.

Fascinating, from a methodological perspective: The gemara here translates talmudic use of the word רבים based on biblical use of the word רבים!


Gittin 46b
See Tosafot הנודר explaining why taking a vow is like building an illegal altar.


Gittin 47b
Rashi here המוכר שדהו לפירות says that Yovel ceased after the initial exile of Reuven and Gad. Tosafot Gittin 36a “b’Zman” and Tosafot Erchin 31b/32a Hitkin disagree, arguing that they had Yovel in the second Beit haMikdash. Tosafot has substantial proof on his side. Ramban to Gittin 36a disagrees with him, though.


Gittin 49b
See the important Tosafot ור' שמעון, pointing out that we are free to analyze the reasons for/lessons from mitzvot (דורש טעמא דקרא); the only debate regarding the legitimacy of this approach is regarding using those reasons/lessons for practical halachic decisions.

The gemara here points out that we wish to encourage lending; this is because loans are the premier engine for tzedakah in a Torah society. See my comments in “Government as Economic Protector.”

Rashi and Tosafot disagree as to the meaning of משום חינא. Rashi’s view seems to say that we are trying to provide a woman with an incentive to marry a man, whereas Tosafot explains that we are trying to make it easier for her to find a husband.


Gittin 50a
The gemara here indicates that marriage is a mitzvah.
See Beitzah 36b-37a, where marriage is a mitzvah only if one does not currently have a wife and children. From there it is clear that marriage is, at most, a mitzvah-enabler (for permissible procreation) but not a mitzvah in itself.
However, the Rambam (Mishneh Torah Hilchot Ishut 1:2) says marriage is, indeed, a mitzvah. See the Magid Mishneh there and in Hilchot Ishut 1:4, who tries to explain this as either a copyist's error or a reference to a prohibition against living together without marriage.
See also the Rosh to Ketuvot 1:12, on the berachah we recite for kiddushin not being a birkat hamitzvah.



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Monday, January 14, 2008

The Rabbi's Benevolent Fund hits the modern age

Two trends in Jewish philanthropy, and how they affect my Rabbi's Benevolent Fund:

Transparency
To my mind, one of the greatest innovations in Jewish philanthropy in the past decade-plus is the trend toward financial transparency. It's been a slow process of catching up with this global trend, but the change is long-overdue. In order for gabbaei tzedakah to have the credibility demanded by Shulchan Aruch, they must be willing to account for their distribution of tzedakah funds.

The shul rabbi bears that responsibility, too, vis-a-vis his Benevolent Fund; this is a communal fund meant to help the community meet its members' needs, and so it should be responsible to its stakeholders, the community.

In that spirit, I distribute annual reports documenting how I have spent the past year's contributions. No names of beneficiaries, of course, but a listing of how much went for tuition, for special collections, for loans vs. gifts, for Maos Chittim, etc. (For a sample report, feel free to email me.)

I must admit that I first did this for an entirely selfish reason: I was concerned lest people think the "Rabbi's Benevolent Fund" was a fund to help the rabbi, a wink-and-nod system in which people could give me tips and claim a tax write-off. So I decided to show everyone how the funds are used.

Interestingly, the report has become a tool, indirectly, for fund-raising. When people make substantive gifts to the fund, I send them a Thank You letter incorporating the annual report, and that encourages future contributions.

Verifying Tzedakot
The other trend is toward verifying the validity of tzedakah organizations before contributing to them. This is explicitly required in Shulchan Aruch, but it is rarely done - largely because it requires significant effort and a degree of research sophistication.

Of course, va'adim in largish communities around the world check out the bona fides of meshulachim who come to make the rounds, but that doesn't help smaller communities, like my own. Further, it doesn't cover the myriad email, snail-mail and telephone solicitations, which come in by the bucket and often represent real needs.

Two standard resources are very good:
Guidestar offers financial data on many would-be recipients. The only major drawback is that shuls don't have to file the tax forms archived on the site, and many tzedakah organizations register as shuls.
Just Tzedakah is another organization offering research; check out their "Jewish Non-Profits in the Sunshine" project.

And then, last month, I met a new one: The Olam haTorah index. They sent a notice to a whole list of rabbis offering their services, and I found an immediate use for them.

A meshulach came to me collecting for a certain institution, and he said he knew me from previous years. I had no record for that institution from previous years, and I told him so. He promptly produced receipts under the names of two other institutions, saying his institution had been known previously by other names. Olam haTorah thoroughly researched the previous institutions and the current one, and provided me with a response in a timely fashion. I was very impressed.

In truth, I don't bother checking out the $5 recipients - but for serious tzedakah, I believe this is a requirement. Thank Gd we have organizations to help us with this mitzvah.