Under the Radar 

Where we talk to and learn about Mitzvah heroes, those amazing people who are doing their part in Tikkun Olam and making the world a better place to live in.

When Giving Tzedakah is a Criminal Offense – How to give so that everyone truly benefits

Feb 1, 2022 | Finances and Giving, Jewish thought and practice

Written by Arnie Draiman

For the previous five issues of UNORTHOBOXED, I have introduced you to some fantastic people who created and run non-profits. This month, we will talk about what makes a non-profit worthy of your donations – how do you know if they are efficient and effective?

The goal is to help you to better perform the mitzvah of giving tzedakah, so more of your precious, hard-earned, and holy tzedakah money will go to what you want to fund. Sounds easy enough, right?

Whether giving online with just a few clicks of the mouse, giving your credit card number to someone over the phone, or writing a check and mailing it, giving tzedakah is pretty simple and quite effortless. But giving wisely is not so simple.

Continue reading below…

Jews give tzedakah because it is a mitzvah – a commandment to give. The Rambam (Maimonides) writes in his introduction to the laws of tzedakah (Gifts to Poor People 10:1), “We must be especially careful to observe the mitzvah of tzedakah, more so than any other positive mitzvah.” Let me repeat that last part:  “more so than any other positive mitzvah.” According to the Rambam, you need to be more careful about giving tzedakah than other positive mitzvot, such as loving God, observing Yom Kippur, sanctifying the Shabbat, putting on tefillin, affixing a mezuzah, eating matzah, hearing the shofar, honoring parents, being fruitful and multiplying, and so on.

The Rambam – a physician, philosopher, astronomer, and one of the greatest rabbinic minds in our history – understood that people would be more likely to be extremely scrupulous about the matzah they eat or about their Shabbat observance than to give tzedakah properly, so he made a point to clarify where the priority ought to be.

The great rabbinic mind of the previous generation, Rav J.B. Soloveitchik felt that the mitzvah of giving tzedakah is one of only two mitzvot where being “machmeer” (more strict than necessary) is “highly advisable.” (as quoted in Rabbi Aaron Adler’s book Seventy Conversations in Transit, OU Press, Urim Publishers, 2021, p.157).

I once read a quote by BZ (who only identified himself by his initials): “How much better would the Jewish world be if we could apply the same obsessive-compulsiveness to tzedakah that we do to cleaning for Pesach?” Indeed, too often, we can be very poor tzedakah givers.

One thing we must understand: tzedakah money doesn’t actually belong to us – it always belongs to the recipient. We are only the trustees, holding the funds in trust until distributed. We

are trusted to give tzedakah in the most efficient and effective manner possible. Otherwise, we are misusing tzedakah funds which belong to someone else!

My ‘tzedakah rebbe’, Danny Siegel, taught me from Mishlei (Proverbs 22:22): “Al Tigzol Dal, Kee Dal Hu – Do not steal from a poor person, because he is poor.” The rabbis come along and ask a very appropriate question (in Numbers Rabba 5:2): “What can this possibly mean? If one is poor, what is there to steal?”

They answer, explaining that poor people have God-given rights – the right to the benefits from certain Torah mitzvot like the gleaning of the fields and other tzedakah-related commandments. If we don’t provide what we are obligated to give to the poor person, in essence, we are stealing from them. The rabbis ask, “Isn’t it enough that they are poor and live in misery while the rich are living comfortably, but you would also dare steal from them what God has given to them?”

Most of us give to community tzedakah funds or non-profit organizations. Unfortunately, many non-profits have high overhead – 25%, 35% and some with even more than 50% – meaning that more than half of your contribution goes to things other than what you really thought or wanted.

For example, you want to support feeding people in need. Non-profit “X” spends 28% of every dollar you contribute on overhead, so only 72% actually goes to feeding people in need. If you had a choice between supporting “X” or a different organization “Y” with overhead of only 14% (assuming that, for the most part, they were relatively equivalent), which one would you choose? And if the organization is in Israel, add to that the expenses incurred by the “American Friends of”- some of which are not very efficient themselves – and your effective tzedakah monies

continue to dwindle, where perhaps only 60% of your original contribution will actually feed hungry people.

In addition to general overhead, it is always important to see the overhead salaries (not the program salaries) of non-profit organizations. hy give to the pocket of someone who is earning significant sums of money? Many non-profit CEOs and executive staff earn many multi-hundreds of thousands of dollars annually. Obviously they deserve to be paid for the difficult job they do, but it should be within reason, not at the expense of helping the very people you want your tzedakah funds to help.

So what can you do?

To begin with, ask every organization you give to (or want to give to) whether big or small, to send you a copy of last year’s audited financial report. In addition, for organizations in the USA: last year’s IRS tax form 990 (this is required public information submitted annually and can be found online at websites like guidestar.org or irs.gov/charities-non-profits/tax-exempt-organization-search). In Israel: similarly, this is required public information submitted annually and can be found online at websites like guidestar.org.il as well. Also ask for a copy of this year’s operational budget and review it carefully. This is exactly what the Rambam was referring to when he wrote about being as scrupulous in our tzedaka giving as we are in other mitzvot.

Rambam also discusses how to give, and he says clearly that the tzedakah fund organization you are giving to must be led by people who have impeccable credentials, are wise and prudent, and really know how to run a tzedakah organization.

So, is it really a crime to give improperly? Judaism is clear about not giving properly: it is as if you are stealing from the poor people themselves, since “your” tzedakah money is really theirs.

One thing we must understand: tzedakah money doesn’t actually belong to us – it always belongs to the recipient. We are only the trustees, holding the funds in trust until distributed.

Related Articles

Related