A simple reading of the Gemara on daf TB Baba Batra 8 suggests that you can force a rich person to give tzedakah.
“The
Gemara asks: What authority is associated with collecting charity? The
Gemara answers: As Rav Naḥman says that Rabba bar Avuh says: Because
they can seize collateral for the charity; i.e., they can collect charity
by force, and even on Shabbat eve, when people are busy and might claim
that they have no time or money. The Gemara objects: Is that so? But isn’t
it written: “I will punish all that oppress them” (Jeremiah 30:20), and
Rabbi Yitzḥak bar Shmuel bar Marta says in the name of Rav: And punishment
will be meted out even to charity collectors? If charity collectors are
permitted to force people to contribute charity, why are they counted among
Israel’s oppressors?
“The Gemara
answers: This is not difficult. This, Rabbi Naḥman’s statement, applies when
the contributor is rich, in which case the collectors may seize money
from him even by force. That, Rabbi Yitzḥak’s statement, applies when
he is not rich, in which case the collectors who take money from him by
force are termed oppressors of Israel. This right to force contributions
from the rich is like what occurred in the incident in which Rava
compelled Rav Natan bar Ami and took four hundred dinars from him for charity.”
(Sefaria.org translation) Rav Natan bar Ami must have been a very rich person
because four hundred dinars equals two years’ worth assumption of living
expenses.
Tosefot ד"ה אַכְפְּיֵהּ לְרַב נָתָן provides two assumptions that challenge’s
Rava’ ability to compel Rabbi Natan to donate tzedakah. Assumption #1: Based
upon TB Hullin 110b a court can not coercively intervene when it comes to a
mitzvah whose “reward is (written) alongside.” Assumption #2: Tzedakah is an example of such a mitzvah. “Rather, you must open
your hand and lend whatever is sufficient to meet the need… God will bless you in all your
efforts and in all your undertakings.” (Deuteronomy 15:8, 10)
Tosefot provides four different solutions
to answer this challenge.
Solution #1: Rabbeinu Tam reinterprets
the scene. Rava was not coercive, but rather was verbally persuasive. Verbal
coercion is not coercion.
Solution #2: Alternatively Rabbeinu
Tam interprets the story saying that the people of the city accepted upon
themselves voluntarily to be coerced to give tzedakah. Consequently, the case at hand is not relevant to the
larger question whether a person can coerce somebody to give tzedakah.
Both these
solutions allow the above two assumptions to remain in force.
Solution #3: Rebbeinu Yitzkhak (ר"י)
teaches that tzedakah is not an
example of a mitzvah whose “reward is (written) alongside it” because it has a
negative prohibition (לאו) attached to it. “Do
not harden your heart and shut your hand against your needy kin.” (Deuteronomy
15:7) A court is allowed to enforce a negative commandment. Rebbeinu Yitzkhak
rejects the second assumption.
Solution #4: Based on a sugiya
in the Talmuld Yerushalmi Rabbeinu Yitzkhak ben Avraham teaches that the court
is not punished for not enforcing a positive commandment whose “reward is
(written) alongside it.” Consequently, they are allowed coerce a person to give
tzedakah. Rabbeinu Yitzkhak ben
Avraham rejects the first assumption.
As always,
answer is maybe and it depends.
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