In 2010, philanthropists Warren Buffett and Bill Gates founded the Giving Pledge, encouraging wealthy people to give a majority of their wealth to charity. This inspired the Jewish Future Pledge, an effort among wealthy American Jews to donate more than half their wealth to Jewish-related causes.
While these sentiments are undoubtedly laudable, what does halacha have to say? If Reuven has children, is he allowed to give a majority of his wealth to charity instead of giving it to his children?
While tzedakah is a great mitzvah, there are two potential issues that could arise.
Issue #1 – Hamevazvez Al Yevazvez Yoser Mechomesh
There is a well-known rule in chazal that “hamevazvez, al yevazvez yoser mechomesh – one who gives shouldn’t give more than a fifth.” Why? It may lead the giver to become poor and come on to others. R’ Moshe Feinstein (Yoreh Deah 1:143) explains that the simple reading of the Gemara indicates that this is a prohibition against giving more than a fifth – not just good advice.
At first glance, this should prevent anyone from giving more than a fifth of their wealth to charity!
However, the Gemara in Kesubos (67b) says that this only applies to a living giver, not to a decedent giving on a deathbed.
An Additional Potential Answer – Does the Prohibition Apply to Tzedakah?
Additionally, R’ Moshe notes that the Rambam only brings the prohibition against giving more than a fifth in Hilchos Arachin. Not in Hilchos Matnos Ani’im – the section relating to the halachos of tzedakah. In fact, the Rambam in Peirush Hamishnayos (Peah 1:1) says that there’s a middas chasidus to give more than a fifth to tzedakah.
R’ Moshe suggests that when it comes to tzedakah, the prohibition against giving more than one fifth only relates to ordinary people. Not to wealthy individuals. The blanket rule against all individuals giving more than a fifth only applies to hekdesh. This is why the Rambam doesn’t codify the halacha as a rule in Hilchos Matnos Ani’im.
In fact, the Mechaber (Yoreh Deah 249:1) rules explicitly like this – that the limitation of a fifth only applies to someone who isn’t wealthy.
That said, R’ Moshe notes that the Rema disagrees with the Mechaber and prohibits a living giver from giving more than a fifth by tzedakah. Therefore, R’ Moshe rules (for Ashkenazim) that although there’s clear permission to give more than a fifth by someone passing away, someone in good health should only give more than a fifth if there’s clear need like pikuach nefesh.
The Explanation of the Chafetz Chaim
The Chafetz Chaim (Ahavas Chesed 20:3) adds that this prohibition only exists if someone is giving away his possessions through which he’s earning a livelihood (for example, a farmer giving away more than a fifth of his land). However, for a person with a set job, there’s no issue with giving more than a fifth of one’s salary to tzedakah.
The Exception of Learning Torah
The Shita Mekubetzes (Kesubos 50a) says that the limitation of a fifth only applies to tzedakah, not to one supporting Torah. Why?
The Chafetz Chaim (Ahavas Chesed 20:4) explains that when supporting Torah, one enters into a Yissachar-Zevulun relationship where the giver acquires part of the Torah. In such a case, one isn’t merely giving away; one is acquiring. Therefore, giving for Torah learning isn’t subject to the rule of al yevazvez yoser m’chomesh.
Issue #2 – What About the Kids?
The second potential issues arises from a Mishnah in Bava Basra (133b).
The Mishnah says that if someone pledges their possessions to others instead of his children, the chachamim deemed that action to be improper. The Gemara adds that a person shouldn’t even be present when someone transfers an inheritance from one son to another – even from a wicked son to a righteous son.
Shouldn’t this also prevent someone from giving their possessions away to tzedakah?
There are many answers among the poskim to this.
The Ba’al Ha’ittur’s Answer – Leaving Over Something
The Ba’al Ha’ittur (Chelek Beis, 40) says that the Mishnah only discussed a case where one diverts their entire inheritance to others and doesn’t leave anything to inheritors. As long as something is left over to the inheritors, there’s no issue in giving money to other causes.
The Tashbetz explains this opinion of the Ba’al Ittur and notes that this is only if one left over something significant to the inheritors. Leaving over a nominal amount wouldn’t suffice.
The Shibbolei Haleket’s Exception – Tzedakah
The Shibolei Haleket (Chelek Beis, 132) explains that this entire prohibition is only to take away from a rightful inheritor and give to someone else. However, giving tzedakah to the poor is absolutely allowed. Why? The deceased takes precedence over his inheritors and if he feels like he needs the zechusim, he has the right to give to tzedakah.
The Beis Yehuda’s Exception – Intent
The Beis Yehuda explains that everything depends on intent. If the intent of the giver was to divert the money away from his rightful inheritors, that is where the Mishnah forbids this behavior. If his intent is just to accumulate zechusim, it is allowed.
R’ Moshe also suggests this but notes that this goes both ways. If someone’s intention is to obtain zechsuim, then one may give (R’ Moshe recommends still leaving over a significant amount to the inheritors, as explained by the Tashbetz). However, if the intent of the giver is merely to divert the money from his inheritors, that wouldn’t be allowed, even if one is diverting and giving the money to tzedakah.
All this said, inheritance is an area where common sense and seichel are required and not leaving appropriate amounts to children creates recipes for machlokes, lo aleinu.
Additionally, leaving over to inheritors is itself a great cause. The Mordechai rules that if someone says that their possessions should go to “the best that it’s possible to do,” it should be given to the inheritors, as there’s no greater cause than that. The Rema (Choshen Mishpat 282:1) quotes this as halacha. The Sma explains because this fulfills the will of the Torah – that possessions should be bequeathed to the inheritors listed in the Torah – and as we know, there is no greater will than the will of the Torah.