Tuesday, July 2, 2024

Tzedakah at the gate TB Baba Batra 7

We have to remember that back in Talmudic times, several houses shared a courtyard. A wall surrounded the courtyard. Sometimes the courtyard opened up into an alley and sometimes it opened up to the public domain, rashut harabim. The Mishnah on daf TB Baba Batra 7 discusses whether the residents of the courtyard can force each other to pay for a guardhouse for the common protection of the residence. “The residents of a courtyard can compel each inhabitant of that courtyard to financially participate in the building of a gatehouse and a door to the jointly owned courtyard. Rabban Shimon ben Gamliel disagrees and says: Not all courtyards require a gatehouse, and each courtyard must be considered on its own in accordance with its specific needs.” (Sefaria.org translation) Both Rambam (Sefer Kinyan, the Laws of Neighbors, chapter 5 halakha1 and the Shukhan Arukh, Khoshen Mispat 161:1) poskin according to the tanna kama; however, the they both agree it one cannot force a resident to pay for its beautification with carvings and other decorations.

Although the gatehouse may protect the residence of the courtyard, the Gemara teachers that it also has unwelcome consequences.

“The Gemara asks: Is this to say that making a gatehouse is beneficial? But wasn’t there that pious man, with whom the prophet Elijah was accustomed to speak, who built a gatehouse, and after-ward Elijah did not speak with him again? The objection to the building of a gatehouse is that the guard who mans it prevents the poor from entering and asking for charity. The Gemara answers: This is not difficult: This, the case presented in the mishna, is referring to a gatehouse built on the inside of the courtyard, in which case the poor can at least reach the courtyard’s entrance and be heard inside the courtyard; that, the story of the pious man and Elijah, involves a gatehouse that was built on the outside of the courtyard, completely blocking the poor’s access to the courtyard’s entrance.

And if you wish, say instead that in both cases the gatehouse was built outside the courtyard, and yet this is not difficult: In the one case, there is a door to the gatehouse, so that the poor cannot be heard inside the courtyard, while in the other case there is no door. Or if you wish, say that in both cases there is a door, and still this is not difficult: In the one case, there is a key needed to open the door, and the key is not available to the poor people, whereas in the other case, there is no key needed. Or if you wish, say that in both cases there is a key needed, and even so this is not difficult: In the one case the key is on the inside, so that the poor cannot reach it, while in the other case of the mishna, the key is on the outside.” (Sefaria.org translation)

The tzedakah we are obligated to give already belongs to the poor. When we closed the door upon them and don’t give them tzadakah we are robbing them of what is rightfully theirs. That pious man turned out not to be so pious after all and Elijah no longer wanted to have anything to do with. When we don’t give tzedakah we are also robbing ourselves of the opportunity to be the best version of ourselves.

No comments:

Post a Comment