R. Ilai said, “The sages in Usha instituted that one who gives generously to charity [lit.: “scatters” or “squanders”] should give no more than one-fifth of their wealth.” It is similarly taught [in a baraita]: One who gives generously should not give more than one-fifth [of his income] lest he come to need [assistance from other] people. It once happened that an individual sought to dispense [in excess of one-fifth of their wealth to charity] but his colleague did not let him. Who was [his friend]? R. Yeshevav. But others say that R. Yeshevav [was the one who wanted to give away more than one-fifth of his wealth] but his colleague did not let him. Who was the friend? R. Akiba. Rav Nachman, and some say Rav Acha bar Yaakov, said, “What verse [teaches the principle of one-fifth]? Of all that You give me, I will surely give one-tenth (aser a’asrenu) of it to You (Genesis 28:22).” But the second tenth is not equivalent to the first tenth. Rav Ashi said, “[Since Torah says,] I will surely give one-tenth of it, [this implies] that the second tenth is equal to the first tenth.”
INTRODUCTION
In America, the Tuesday following Thanksgiving has come to be known as “Giving Tuesday,” perhaps as a counterbalance to the consumer frenzy of Black Friday and Cyber Monday. With that in mind, this week we learn a text about giving which imparts a surprising lesson: There is a limit to how much tzedakah a person should give.
To fully appreciate this text, it is helpful to know several things. First, the Rabbis deemed tzedakah—donations of money, property, or time—a mitzvah, a commandment incumbent upon all Jews. Second, the generally accepted minimum one should donate to tzedakah is one-tenth of one’s net income (these days, after taxes)—not 10% of one’s total wealth. This fraction is derived from the biblical institution of tithing, which means “tenth.” The text above addresses those who wish to give over and beyond the obligatory tenth. Elsewhere, we learn that those who cannot afford one-tenth should give one-third of a shekel each year. The Rabbis understood that giving to others preserves and promotes the dignity of the giver. Third, while there were certainly wealthy people and poor people in the ancient world, the disparities in wealth we find today are historically unprecedented. Notwithstanding, later commentators noted that while the one-fifth cap applies to ordinary people, those with greater means may, if they choose, exceed it.
COMMENTARY
In the aftermath of the destruction of the Second Temple in 70 CE, the sages coalesced and organized themselves under the leadership of Rabban Yochanan b. Zakkai in Yavne, a small settlement north of Jerusalem, where the rabbinic tradition took root and blossomed. Following the Bar Kokhba rebellion of 135 CE, the rabbis removed to Usha in the Galilee. In truth, they moved frequently, returning to Yavne, back to Usha, then to Shefaram, Bet She’arim, and finally Tzippori. It is interesting to have a small window onto one of the periods of Usha.
R. Ilai tells us that the Sages of Usha, during the early rabbinic period set a cap on how much of one’s income one should donate to tzedakah. The Talmud bolsters R. Ilai’s report with a baraita from the era of the Mishnah that conveys the same rule: The limit is twenty percent. This refers to one’s earnings in any given year, not one’s overall wealth. Its rationale: Giving away too much of your income could compel you to require assistance from others. The goal of giving is to assure that everyone has sufficient sustenance. Giving so much that you now require tzedakah from others defeats that goal. The Gemara immediately cites an instance of someone who attempted to exceed the upper limit but was stopped by a friend. This anecdote confirms the broad acceptance of the one-fifth rule. As first reported, R. Yeshevav stopped the would-be philanthropist, but others heard the story told differently: R. Yeshevav was the person who attempted to exceed the one-fifth limit and R. Akiba was the friend who stopped him. The anecdote roots the rule in the era of the Mishnah and carries the imprimatur of no less than R. Akiba.
The Gemara asks for a biblical source for the rule, which is supplied by Rav Nachman (or, according to others, Rav Acha bar Yaakov). In Genesis 28:22, Jacob, fleeing his brother Esau, lies down for the night and dreams of a ramp (or ladder) leading to heaven. God appears to him in the dream and extends the promise made to Abraham and Isaac that his offspring shall be as numerous as the dust of the earth and shall inherit the Land of Israel. When he awakens, Jacob promises he will “surely give one-tenth (or: surely set aside a tithe) for You” of all God gives him. The Hebrew repeats the verb “tithe,” from which the Rabbis deduce that Jacob promised one-tenth twice. Jacob’s promise thereby sets the upper bound of two-tenths, or twenty percent. This also establishes the Jewish principle that giving tzedakah is, in effect, returning a portion of what God has given by channeling it to someone God wishes to receive it. The Rabbis wonder: How is this to be calculated? If I give one-tenth and then calculate the second tenth on the basis of what remains, that would be 10% of the remaining 90%, which is 9% (for a total of 19%). No, Rav Ashi tell us, this is not correct; when Torah says one-tenth of it, we infer that the first and second tenths are equal to one another.
QUESTIONS TO CONSIDER AND DISCUSS
- The purpose of tzedakah is to benefit people lacking sufficient means for shelter, food, and clothing. Do you think contributions to art museums and the symphony qualify to be considered tzedakah? Medical research and organizations that pursue social justice? Is there a difference between charity and tzedakah?
- In addition to preventing people from becoming impoverished and needing tzedakah themselves, what other reasons might there be to set a one-fifth-of-income cap on giving?
- How much of your yearly income do you or your family contribute to charities that address the needs of the poor?
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