[Avodah] [TorahMusings] The Best Charity

Micha Berger micha at aishdas.org
Thu Apr 19 11:55:37 PDT 2018


People who both know my own proclivities and read this to the end
will understand why I just HAD to share this post by RGS.

>From https://www.torahmusings.com/2018/04/the-best-charity/

Tir'u baTov!
-Micha

Torah Musings
The Best Charity

Apr 19, 18
by R. Gil Student

My friend, Rav Shlomo Einhorn, is once again attempting a superhuman feat
of Torah teaching. A little over two years ago, he taught Torah for 18
live-streamed hours to raise money for the yeshiva he heads. This year,
on Lag Ba-Omer, he will be attempting to break that record by teaching
for 19 straight hours. This is a cause worth supporting -- or is it?

I. Which Charity?

Many people in the Jewish community have achieved varieties of financial
success, allowing them the privilege of supporting many charities. This
raises questions of communal and philanthropic priorities. Others have
limited charity funds but still want to allocate them effectively. The
issue is a blessing but also a complex problem, with multiple angles. Rav
Hershel Schachter discussed this with me a few years ago in [48]Jewish
Action. I would like to explore a specific subject that I have seen
discussed in the responsa literature -- what is the best charity if you
have to choose only one?

In mid-sixteenth century Turkey, a wealthy man passed away without
leaving instructions for the disposal of his charity funds. The local
rabbis decided that some of that charity money should be given to the
deceased's poor brother but the sons of the deceased objected that they
should inherit the money and decide what to do with it. The question was
brought to the Maharshdam, Rav Shmuel Di Medina of Salonica (Responsa
Maharshdam, Yoreh De'ah 158).

Maharshdam says that we have to try to determine the deceased's desires
for the charity fund. Since in this case we do not know his intentions,
we should give the money to the highest level of charity. The Tur
(Yoreh De'ah 259) quotes his father, the Rosh, as saying that a town
may reallocate to a study hall money that was donated to a synagogue
or cemetery. Maharshdam argues that if in a case in which we know with
certainty that the donor intended for the money to go to a synagogue
we can use it for a study hall, then certainly when we do not know the
donor's intention we can use the money to support Torah study. If we
give the money to a lesser charity, we risk misusing the donation.

II. Higher Torah

The question then becomes which Torah study organization receives higher
priority. Maharshdam quotes the Gemara (Shabbos 119b) that the world
survives because of the Torah study of children, who due to their age
are free of responsibility from sin. Additionally, more people doing
a mitzvah together has greater merit than fewer people. Therefore,
concludes Maharshdam, the money should be given to ththe highest charity
-- a large elementary school.

Similarly, Rav Ephraim Navon in early eighteenth century Turkey addresses
a related question (Machaneh Ephraim (Hilkhos Tzedakah 11). A man
donated money to establish in a small town a part-time kollel of ten
men studying Torah. However, the town could not find ten men willing
to enroll. The donor wished to change the endowment from a kollel to a
full-time elementary school teacher. Rav Navon permitted this reallocation
for technical reasons but adds that this new purpose is higher than the
original because the Torah study of children sustains the world.

III. God's Place

However, Rav Yosef Eliyahu Chazzan challenges this argument (Ma'arkhei
Lev vol. 1 no. 25). He quotes the Gemara (Berakhos 8a) which states that
nowadays God only has the four cubits of halakhah. Therefore, He loves
the distinguished gates of halakhah more than all the synagogues and
other study halls. According to this passage, high-level Torah study
merits higher priority than any other study. This seems to contradict
the earlier passage, which gives priority to children's Torah study.

This question gains greater strength when we note that the priority
of high-level Torah has practical implications. Rambam (Mishneh Torah,
Hilkhos Tefillah 8:3) rules, based on the above Gemara, that it is better
to pray in a study hall than a synagogue. Shulchan Arukh (Orach Chaim
90:18) rules likewise. Since the two passages seem to contradict and
the latter is quoted authoritatively, it would seem that an elementary
school should not be given priority over adult Torah study.

Rav Chaim Palaggi (Chaim Be-Yad nos. 64-65) favors the interpretation of
Rav Chazzan. However, he struggles with the many authorities who side with
the Maharshdam. Rather than taking a minority view against the majority,
in an impressive act of intellectual humility Rav Palaggi adopts a middle
position that gives due weight to the majority with which he disagrees.

IV. Jewish Behavior

Perhaps a reconciliation of the two passages lies in the Rambam's
interpretation. Rav Chazzan and Rav Palaggi follow Maharsha's
interpretation that the Gemara is praising high-level study of
halakhah. In the introduction to his commentary to the Mishnah (ed.
Kafach, vol. 1, p. 21), Rambam sees the passage about the four cubits of
halakhah as a general declaration about the uniqueness of true loyalty
to the letter and spirit of halakhah. Synagogues and study halls may be
full of people studying Torah but not enough of those students apply these
teachings properly to develop a faithful Torah personality. Only someone
who internalizes the messages of halakhah can reach out fully to God.

If so, the distinguished gates of halakhah may overlap with elementary
schools. Schools that teach proper character traits seem to qualify
as remaining within the four cubits of halakhah, whether for adults or
children. An elementary school that trains its students to follow the law,
to embrace and internalize the messages of Judaism regarding behavior and
thought, serves in the same capacity as a high-level kollel. Both types
of institutions are distinguished gates of halakhah. Elementary schools
have the additional benefit of purity, discussed above.

If this is correct, the highest charity would be an elementary school
that emphasizes proper behavior and attitudes, a mussar-focused cheder
that directs pure children on the proper path.

About Gil Student

Rabbi Gil Student is the founder, publisher and editor-in-chief of
Torah Musings.


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