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One of the subjects of our weekly Torah portion (Behar-Behukosai) is how to give money. For example, when a person dedicates his field or other object for holy purposes, how much is that worth, should he want to redeem it later on? The basic guidelines are laid down in the written Torah (Lev. Ch. 27), but it’s the oral Torah that develops the principles and tells us how to put the commandment into action. In this case, it’s the Rambam (Maimonides) who guides us how to act. His Mishneh Torah is one of the foundations of halacha (Jewish law), and the one we first turn to when we want to understand Jewish law in depth. The only problem is that in our case, the Rambam seems to contradict himself.
In one place (end of sefer Hafla’ah and hilchot Erchim V’cheramim), he says, “A man should never dedicate nor set aside all of his property…This is not piety, but rather nonsense, since it constitutes the liquidation of all of his wealth and then he will be dependent upon others….Rather, he who gives, should not distribute more than a fifth [of his wealth]Ŕ From this, we learn that one who gives philanthropically should not donate more than a fifth of his wealth, even out of piety.
Yet, in his commentary on Mishnayot (Peah, at the beginning of the first chapter), the Rambam says something else. The Mishna there says, “These are the things that have no limit…doing kindness to othersŔ About which the Rambam says, “that which has no limit is regarding volunteering oneself, but helping with one’s money does have a limit, and that is a fifth of his wealth. One should not obligate himself to donate more than a fifth, unless he decides to do so out of extraordinary piety.” Here we see in the Rambam that one may give more than a fifth if he feels called upon to do as a higher form of piety. This seems to contradict what he stated in the Mishneh Torah in which he says that even piety does not justify giving more than a fifth of his money.
One commentator (“Birkei Yoseph” on Yoreh Deah 249:1) says that the Rambam is talking about two different situations. The Mishneh Torah speaks of when one obligates himself to donate, such as when he wants to dedicate and give of his property, and he decides of his own volition to divide up his wealth. Then, he should not give more than a fifth. However, the commentary on Mishnayot is not talking about when he decides to give of his own initiative, but when poor people come to him and present their desperate situation, asking for his help. Then, even though he is not obligated to give more than a fifth, he is permitted to do so out of piety. As the Rambam says there, “When one sees captives who he is obligated to redeem, or hungry or naked people whom he must feed and clothe, then he should provide what they are lacking.”
Another possible way of looking at the difference between the two situations is based upon the difference between “dedicating property” and “giving tzedaka.” Regarding dedications, the Rambam (Halacha 12) says that it is done for the sake of the person making the dedication: “Various dedications are commanded and appropriate for one to perform in order to discipline himself and not to be stingy.” That is, the dedication is for the sake of the giver and not for the receiver. However, “tzedaka” (donations) are for the good of those who receive them, since the obligation is to ‘provide them with what they are lacking.” Thus, “tzedaka” is for the receiver and therefore one who is pious may find it necessary to give more than a fifth, while dedications are for the sake of the giver, who needn’t give more than a fifth.
There’s yet a third way of donating, and it is to be found in the seminal work of Chabad Chassidut, in Tanya. There (Igeret Hakodesh #10 at the end, p. 115B), the Ba’al HaTanya says, “As to what is written that one should not donate more than a fifth, this is regarding one who has never sinned or who has rectified his transgressions…but one who still needs to rectify his soul, is obviously not in a lesser position than one who must heal his body, for whom no amount of money is excessive, and ‘one will give his all for the sake of his soul’ (Job 2:4).” That is, there is a third category of giving, over and beyond a) up to a fifth, and beyond b) more than a fifth but not all of his property. According to the third category, one may give all that is his, in order to rectify his soul. The limitation that forbids one to give up all of his property applies to helping another Jew. But when it comes to helping one’s self, by fixing his soul, ‘the sky’s the limit.’ The rectification of the soul knows no limits, and therefore it takes priority even over one’s property. One may give all that he has in order to rectify his transgressions and sins.
It’s possible that these three approaches to philanthropy correspond to three different styles in connecting with G-d. There are those for whom the approach to G-d is very organized, according to their personal intellect and feeling. For them, everything that they do takes place within bounds and limitations. They would be the kind of people that would seek to dedicate portions of their property to good causes furthering Torah and Judaism. To them, the Torah says, “don’t give more than a fifth.” Then, there are those for whom the other person matters as well, and it pains them to see the difficult situation in which another Jew may find himself. They want to help another person, and if a fifth of their personal wealth won’t suffice, they want to increase their donation. To them, the Torah says, go ahead and give more than a fifth, but just don’t give away everything lest you yourself have to turn to others to help you.
And finally, there are those for whom nothing matters but the soul, and their wish to help others is one and the same as their wish to help themselves. They realize that the “tikun” and rectification of every Jew is dependent upon the tikun of every other Jew, and therefore by giving all of their property away in order help another, they are essentially helping themselves as well. Not only that, but G-d himself gives “tzedaka,” as it were, and He gives in the same measure that we do. When we throw ourselves totally into the work of saving another Jew (either physically or spiritually), then He responds by taking our case into His hands, as well. That’s what is meant in the “She’ma” that we say twice a day, “You should love Him with all your heart, all your soul, and all your self.” Your ‘self,’ the sages say, is your money, and the state of your soul should be important enough to you that you are capable of giving all of your money to rectify your soul.
The third category of giving is especially appropriate for our day, wherein the main objective is to reach every Jew and Jewess and bring them “into the fold.” By giving all of ourselves, we can reach the furthest away Jew and help him or her do a few mitzvoth, thereby bringing the meshiach that much closer. And that’s something that every Jew should and does want.
From Likutei Sichot of the Lubavitcher Rebbe, ztz’l, vol. 27, pp. 217-223
Rabbi David Sterne, Jerusalem Connection in the Old City of Jerusalem