Ma'os Chitim and

General Tzedakah
Distribution
Considerations
By Rabbi Joshua Flug

Many of these issues were addressed by Rabbi Daniel

Feldman in a response to a question about Matanos
L'Evyonim. To access the response press ctrl and
click here.

For technical information regarding use of

this document, press ctrl and click here.
I. Intro- In these tough economic times, many people are revisiting their allocations
for tzedakah. Some people are cutting back and others are giving more to
compensate for the inability of others to pay. Additionally, there are people who
never had to ask for tzedakah previously who are asking for it now. This shiur
will first present the concept of Ma'os Chitim and then transition to some of the
prevalent questions that people are currently dealing with.
II. Ma'os Chittim
a. The original source for Ma'os Chitim is the Talmud Yerushalmi that states
that if someone lives in a city for twelve months, he must contribute to the
collection to distribute wheat to the poor of the city for Pesach. {}
b. Rama quotes this Yerushalmi as a matter of halacha. {}
c. R. Ya'akov Betzalel Zolty (1920-1982) notes that there are two ways to
understand Ma'os Chitim: [Click here to access the article (starts at the bottom
of page)]
i. It is part of the regular obligations of giving tzedakah and because on
Pesach there are greater expenditures, it is necessary to have a special
collection.
ii. It is part of the obligation of Simchas Yom Tov. Rambam (1135-
1204) states that the ultimate fulfillment of Simchas Yom Tov is to be
mesame'ach those who not as fortunate. {}
d. R. Zolty notes two important practical differences between the two
approaches:
i. If one doesn't have money to give to tzedakah, he is not obligated to
give tzedakah. {} However, if one views this as part of a fulfillment
of Simchas Yom Tov, he may be obligated to extend himself or
borrow in order to fulfill this mitzvah.
ii. Does tzedakah include expenditures for non-physical needs such as
fulfillment of mitzvos? If one views ma'os chitim as part of the
regular obligations of tzedakah, then this indicates that one does
provide tzedakah to pay for fulfillment of mitzvos. However, if a
special collection is necessary for Pesach expenditures, it indicates that
this is not covered by tzedakah. [Question: Why isn't this included in
the obligation to provide a poor person with dai machsoro?]
III. The Obligation to Provide Dai Machsoro
a. The Torah states that is not sufficient to give the ani enough to live, there is a
requirement to give him what he is lacking (dai machsoro asher yechsar lo).
{}
b. The Gemara states that this can even include a horse to ride on and a servant
to accompany him. {}
c. What is the obligation of the individual and what is the obligation of the
community?
i. Rambam, in formulating the mitzvah of tzedakah, writes that there is
an obligation on each individual to give as much as he can. He also
writes that the obligation exists until the ani is given dai machsoro. {}
ii. R. Yosef Karo (1488-1575) writes that the obligation to provide dai
machsoro cannot be incumbent on the individual. Rather, the
community must ensure that he receives dai machsoro. {}
iii. R. Moshe Iserles (1520-1572) codifies this position and adds that if the
community doesn't take on the responsibility of providing dai
machsoro, then the obligation falls on the individual. {}
d. What if the community cannot support the dai machsoro needs of the people
of the community?
i. R. Chaim Kanievski (b. 1928) quotes Acharonim who rule that if the
community cannot provide dai machsoro, it is up to each individual
who has the means to provide it. {}
ii. If there is not enough money to support everyone's dai machsoro, R.
Yoel Sirkes (1560-1641) implies that it is preferable to give everyone
rather than concentrate on satisfying one person. {}
1. Ostensibly, what R. Sirkes is implying is that if the situation is
such that one can support the aniyim with enough to survive
but not enough for dai machsoro. In that situation it is better to
make sure that everyone survives. R. Ya'akov Y. Bloi writes
that if the situation is more dire and one must choose between
allowing one person (or a few people) to survive or dispersing
the tzedakah, one should choose the life of one individual. {}
e. What are the parameters of dai machsoro?
i. Shita Mekubetzes (16th century) quotes the Geonim that giving
someone a horse and a slave only applies if the person is trying to
conceal the fact that he is receiving tzedakah funds. Once it is known
that he is receiving funds, we treat him like any other poor person. {}
 ii. Meiri (1249-1310) writes that the giver doesn't have to provide the
receiver with a more luxurious lifestyle than the giver himself has
(unless the receiver is ill and requires it to save his life). {}
1. How does one apply this to a communal fund? Should one
follow the average lifestyle of those contributing or should one
follow a different standard?
iii. Tosafos imply that the receiver only receives extras that he would be
suffering without. Items that people generally don't suffer from not
having are not included. {}
iv. Rambam doesn't have any of these considerations. His one principle is
that one is required to make him complete and not to make him rich.
{}
IV. The responsibility of the receiver
a. Finding a job
i. Rav told Rav Cahana that it better for him to skin animals in public
rather than say that he is a kohen and a rabbi and be supported by the
community. {}
ii. Based on this comment, Shulchan Aruch writes that before one
collects money from tzedakah, he should do whatever he can to avoid
collecting even if it means taking a job that's embarrassing. {}
iii. Can the tzedakah organization make disbursements contingent on the
receiver's efforts to find employment?
1. The Gemara states that that if a load falls off of a donkey, there
is no requirement to help the owner if the owner himself says
"you have a mitzvah to do, why don't I stand here on the side
and let you do it yourself." The Torah says "imo" to imply that
the mitzvah only applies when they do it together. {}
2. R. Shlomo Ephraim Luntchitz (1550-1619) suggests that this
idea extends beyond helping a donkey owner to all situations of
chesed. He therefore writes that the obligation to provide to a
poor person only applies if he has done everything he can to
support himself and it still coming up short. However, if he is
going to take the attitude that he is not going to work and have
the community support, there is no obligation to support him.
{}
3. R. Shammai Gross (member of the Belz Beis Din)- writes that
if there is a doubt whether this person has the ability to work,
one should not withhold from him. However, if it is clear that
 he can work, but he just doesn't want to, there is no obligation
to give him tzedakah. Nevertheless, he should be given some
flexibility and while he looks for a job, he should be supported.
b. Liquidating assets
i. The Gemara discusses whether one must liquidate one's assets before
collecting from tzedakah. The Gemara presents an apparent
contradiction between a Mishna in Pe'ah which states that one is not
required to do so in order to collect leket, shich'cha and pe'ah and a
Beraisa which states that one should downgrade from gold and silver
to ordinary utensils. One resolution is that one must downgrade work
tools but not the utensils in one's own home. The second resolution is
that there is a difference between before gibui and after gibui. {}
Tosafos quote a machlokes on how to understand this {}:
1. Rashi is of the opinion that if he took too much and must return
some now but has no money, he must liquidate some of his
assets, but otherwise not.
2. Rabbeinu Tam is of the opinion that if he is only collecting
leket shich'cha and pe'ah, he has no obligation to liquidate.
However, if he is collecting from the community fund, he has
an obligation to liquidate.
3. Shulchan Aruch follows the opinion of Rabbeinu Tam and
rules that one must downgrade his utensils from gold and silver
to ordinary utensils when collecting from tzedakah. He also
implies that the community organization can demand this. {}
a. One might also apply this to downgrading one's home if
he can't pay the mortgage on a large house and can
move to a smaller house and pay a smaller mortgage.
b. Nevertheless, Shulchan Aruch rules that if selling a
house at a time when he is not going to get a good price
on the house and he anticipates getting a better price in
the near future, he does not have to sell immediately
because the ultimate goal is to improve the person's
financial condition. {}
V. Which Aniyim take priority? Note- this issue is dealt with at length in Rabbi
Feldman's responsa archive. The purpose here is just to provide an outline to the
basic mareh mekomos.
i. The Gemara states (in the context of loans) that there is a hierarchy of
who gets priority in receiving loans. One of the rules is that the poor
of your city come before the poor of other cities. {}
ii. The Sifri states that the poor of Eretz Yisrael come before the poor of
of other cities. {}
iii. Shulchan Aruch and Rama formulate this as a "concentric circle
effect" {}
1. First you must take care of your own needs.
2. Then you take care of your family and the more closely you are
related, the greater the priority.
3. After that, the people who live in your immediate local area
come before the rest of the city.
4. After that comes the rest of the city.
5. After that comes aniyei Eretz Yisrael.
6. After that comes the rest of the world.
iv. Does that mean that you give all to the highest priority?
1. R. Moshe Sofer (1762-1839) writes that these priorities were
never meant to exclude the others completely. If there are
people are people who are dying of starvation, they will take
precedence over those who are not. The priorities are for
situations where one must choose one and not the other. {}
2. The Chafetz Chaim (R. Yisrael Meir Kagan 1838-1933) writes
that the institution of the community fund does not come to
exclude others. The greatest concentration of tzedakah should
be given to the local, but people from other cities must be
given something. He states that aniyei ircha only applies to an
individual who must choose only one person. {}
v. How does one deal with tzedakah vs. communal needs (shuls, schools,
mikva'os etc.)?
1. R. Yosef Kolon writes based on the Yerushalmi that the shul
takes precedence over the poor. He then quotes one girsa that
cholim aniyim take precedence over the shul. {}
2. Shulchan Aruch codifies this ruling. He adds that money for
children to learn Torah takes precedence over everything else.
{}
3. Perhaps this can be explained based on the rule that one must
take care of himself first. Having a shul is not a luxury and
therefore, one shouldn't give to aniyim if the community can't
support its own necessities. The opinion that cholim aniyim
come first maintains that since we are dealing with pikuach
nefesh, it is more important than maintaining the shul.
 ‫רמב"ם הל' מתנות עניים ז‪:‬א‪-‬ג‬ ‫‪ .1‬תלמוד ירושלמי בבא בתרא א‪:‬ד‬
‫א( מצות עשה ליתן צדקה לעניים כפי מה‬
‫שראוי לעני‪ ,‬אם היתה יד הנותן משגת‪,‬‬
‫שנאמר פתוח תפתח את ידך לו ונאמר‬
‫והחזקת בו גר ותושב וחי עמך ונאמר וחי‬ ‫‪ .2‬רמ"א או"ח תכט‪:‬א‬
‫אחיך עמך‪.‬‬

‫ב( וכל הרואה עני מבקש והעלים עיניו‬

‫ממנו ולא נתן לו צדקה עבר בלא תעשה‬ ‫רמב"ם הל' יום טוב ו‪:‬יח‬
‫שנאמר לא תאמץ את לבבך ולא תקפוץ‬ ‫וכשהוא אוכל ושותה חייב להאכיל לגר‬
‫את ידך מאחיך האביון‪.‬‬ ‫ליתום ולאלמנה עם שאר העניים‬
‫האמללים‪ ,‬אבל מי שנועל דלתות חצרו‬
‫ג( לפי מה שחסר העני אתה מצווה ליתן‬ ‫ואוכל ושותה הוא ובניו ואשתו ואינו מאכיל‬
‫לו‪ ,‬אם אין לו כסות מכסים אותו‪ ,‬אם אין לו‬ ‫ומשקה לעניים ולמרי נפש אין זו שמחת‬
‫כלי בית קונין לו‪ ,‬אם אין לו אשה משיאין‬ ‫מצוה אלא שמחת כריסו‪.‬‬
‫אותו‪ ,‬ואם היתה אשה משיאין אותה לאיש‪,‬‬
‫אפילו היה דרכו של זה העני לרכוב על‬ ‫רמ"א יו"ד רנא‪:‬ג‬
‫הסוס ועבד רץ לפניו והעני וירד מנכסיו‬
‫קונין לו סוס לרכוב עליו ועבד לרוץ לפניו‬
‫שנאמר די מחסורו אשר יחסר לו‪ ,‬ומצווה‬
‫אתה להשלים חסרונו ואין אתה מצווה‬
‫לעשרו‪.‬‬ ‫דברים טו‪:‬ז‪-‬ח‬

‫בית יוסף יו"ד ס' רנ‬

‫שלחן ערוך ורמ"א יו"ד רנ‪:‬א‬

‫כתובות סז‪:‬‬

‫דרך אמונה הל' מתנות עניים ז‪:‬י‬

 ‫שלחן ערוך רנה‪:‬א‬ ‫ב"ח או"ח ס' תרצה‬
‫והנה לאשר לא יחדל אביון מקרב הארץ‬
‫ורבה העזובה מצוה לחלק ולתת לכל אביון‬
‫מתנה אחת כי כך כתבו הקדמונים והשכל‬
‫ג"כ יחייב אותו כי מי שיש לו ק' זהו' ליתן‬
‫לעניים שגדול שכרו כשיחלקם לק' עניים‬
‫מאשר יתן כל ק' זהו' לעני אחד או לשנים‬
‫בבא מציעא לב‪.‬‬ ‫וג' כי זה שנתן לק' החיה ק' נפשות‪.‬‬

‫צדקה ומשפט פרק ג' הע' טז‬

‫כלי יקר שמות כג‪:‬ה‬

‫שיטה מקובצת כתובות סז‪:‬‬

‫מאירי כתובות סז‪:‬‬

‫תוס' כתובות סח‪.‬‬

‫פסחים קיג‪.‬‬
 ‫תוס' שם‬ ‫שבט הקהתי ה‪:‬קעז‬

‫שלחן ערוך יו"ד רנג‪:‬א‬

‫כתובות סח‪.‬‬

‫שלחן ערוך יו"ד רנג‪:‬ג‬

‫בבא מציעא עא‪.‬‬

‫ספרי פרשת ראה ס' סב‬

‫שלחן ערוך יו"ד רמט‪:‬טז‬ ‫שלחן ערוך יו"ד רנא‪:‬ג‬

‫חתם סופר יו"ד ס' רלד‬

‫אהבת חסד ענין צדקה פרק יז‬

‫שו"ת מהרי"ק ס' קכח‬