Wednesday, March 31, 2021

When can tzedaka funds be invested before distribution? TY Shekalim 10

We begin the fourth chapter of our massekhet with today’s daf TY Shekalim 10. It discusses various categories of withdrawals from the Temple treasury and what the money collected was used for in each category. Rabbi Yishmael and Rabbi Akiva disagree what is done to the surplus of the remainder of the shekalim when all the needs mentioned on today’s daf have been met.

What did they do with the surplus of the remainder of the shekalim of the treasury chamber? With them they would buy wines, oils and fine flour, which they would subsequently resell and the profit would accrue to the Temple. These are the words of Rabbi Yishmael.

Rabbi Akiva says: We do not engage in commerce with the funds of hekdesh (sanctified objects), nor may we engage in commerce with funds collected for the poor. (Art Scroll translation)

According to Rabbi Yishmael, the Temple treasurers would purchase wine, oils and fine flour and sell them at a profit to those people who were scrupulous about the tahara, ritual readiness, of these products used for their minkha offering and wine libations. (Tiklin Chadtin)

Rabbi Akiva disagreed lest the investment would fail resulting in a loss to hekdesh. (Tiklin Chadtin) The Korban HaEidah provides alternative reason. Engaging in business is degrading for the Temple treasury because “there is no poverty in a place of affluence.” By engaging in business to increase the Temples holdings, the treasures would intimate, like poor people, they were concerned they would fall short of funds.

Using Tiklin Chadtin’s reasoning, we can think of another reason why Rabbi Akiva would prohibit engage in commerce with the funds collected for the poor.  Rabbi Akiva was afraid that the funds will lose money and there would be even less money is available for the poor.

Perhaps Rabbi Akiva was also afraid that money tied up in commerce would not be liquid when the poor needed tzedakah. The Rama on the Shulkhan Arukh distinguishes when tzedakah may be invested and when it may not. “Because charity is not exactly like Temple funds, as it is permitted to derive benefit from the former.1If the enjoyment of its benefits does not use up the article or depreciate it. But funds ready for distribution should not be tied up in business, only money-changing and the like being permitted where the cash is always on hand, because the poor may come and there would be no ready money to give them. However, funds not meant for immediate distribution may be invested, so that the principal should remain intact and only the income thereof be distributed.” (Yoreh De’ah 259:1, Sefaria translation)

 

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