Today’s daf TB Baba Batra 8 begins enumerating the laws of tzedakah. My friend and teacher Danny Siegel defines tzedakah “Tzedakah - is צדקה derived from the Hebrew root צדק T-D-K meaning justice, that which is right, and is related to the word צדיק, Tzaddik, a person who lives according to Tzedakah and Tzedek-and upright, giving life.” (Gym Shoes and Irises, page 119) We can now understand why the Gemara segues into the laws of tzedakah. Up to now our massekhet has been dealing with questions about neighbors responsibilities to each other and to the city they live in. The goal is to create a society that is functional and just. Tzedakah isn’t only a personal virtue, but also a community responsibility to make society functional and just.
Different tzedakah funds have different rules.
Ҥ
In connection with the previous discussion concerning charity distribution, the
Gemara cites a baraita in which the Sages taught: Money for the
charity fund is collected by two people and distributed by three
people. It is collected by two people because one does not appoint an
authority over the community composed of fewer than two people. And
it is distributed by three people, like the number of judges needed in
cases of monetary law, since the distributors determine who receives
money and who does not, as well as how much each person receives.
“Food for the
charity platter (i.e. a soup
kitchen-gg) is collected by three people and distributed by
three people because its collection and its distribution take place
on the same day. Food for the charity platter is collected and
distributed every day, and therefore a third individual must participate
in the collection so that he will be available to take part in the distribution
without delay (remember before the era of refrigeration, food quickly
spoiled-gg); whereas the money of the charity fund is distributed only
once a week, on each Shabbat eve.
“There are
additional differences between these two types of charity operations: The food
from the charity platter is distributed to the poor of the world,
meaning, to any poor individual arriving in the city; the money of the
charity fund is allocated exclusively to the poor of the city. But it is
permitted for the residents of the city to use money that has been
collected for the charity fund to purchase food for the charity
platter to feed the poor; and similarly they may use food that had
been collected for the charity platter for the charity fund. In
general, it is permitted for them to change the purpose toward which
charity will be used to whatever they want, in accordance with the needs
of the community.” (Sefaria.org translation)
The Rishonim disagree about the latitude to change the purpose of the tzedakah given by the residence the city. The Ri Migash (ר"י מיגאש), Joseph ibn Migash, Spain, (early 1077 – c. 1141) writes that the purpose of the money may only be changed if used for another need of the poor. Otherwise one would be stealing from the poor. Tosefot ד"ה וּלְשַׁנּוֹתָהּ לְכׇל מַה שֶּׁיִּרְצוּ says the money may be repurposed for any use. They conclude by citing Rebbeinu Tam using tzedakah money for wages for the guards. Ramban writes that one may use tzedakah money for public needs of the hour on the condition that the reimburse the fund for the poor.
Interestingly Rambam poskins like the Tosefot.
“The inhabitants of a city have
permission to give [the donations given to] the kupah to the tamchui
and [those given for] the tamchui to the kupah. Similarly, they
may exchange [these donations] for any communal purpose that they desire even
though a stipulation to that effect was not made when they were collected. If
there is a great sage in that city dependent on whose judgment all collections
are made and he is the one who allocates the funds to the poor according to his
assessment, he is permitted to use [these funds] for any communal purpose he
sees fit.” (Mishneh Torah, Gifts to the Poor, Chapter 9,
Halakha 7, Sefaria.org translation)
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