In a previous article last year, we discussed some of the fundamentals of the mitzva of tzedaka. Tzedaka is a mitzvah that is mentioned numerous times in the Torah.[1] It is mentioned as a mitzvas aseh, a positive commandment to support the poor, and it is mentioned as a mitzvas lo sa’aseh, a negative commandment, to not hold back from supporting the poor. In that article, we discussed the idea of tzedaka and maaser and gave some guidelines for uses of tzedaka and maaser money. Along with support for the poor, we discussed support of a yeshiva, a gemach (a free loan given with intent to be repaid), and support of shuls.
In this article,
we will discuss the role of kedima – the order of precedence – in tzedaka.
A person may have a family member, neighbor, or close friend who is in need.
Does this person have precedence to receive tzedaka over other poor
people?
The concept of kedima
– precedence in tzedakah – means that one who is giving tzedaka
should consider those who are closest to him and give his tzedaka to
those individuals before he or she gives to others. We are familiar with the
concept of aniyei ircha – that one should support the poor of his own
city and give them precedence. This is one aspect of kedima, but there
are some other important aspects to this concept.
In the halachos of
tzedaka,[2]
the order of kedima is given: Close family members come first. This
refers to an adult child or parent. After those relatives, a sibling comes
next, and afterwards, other relatives. In terms of aniyim (poor people)
who are not related, we then have the kedima of aniyei ircha, the
poor of one’s own city before the poor of another city. It is also mentioned in
halacha that the aniyim of Eretz Yisrael have kedima over aniyim
of other countries.
The concept of tzedaka
for children gives rise to a common question: Often, parents will commit to
support their adult children at the beginning of marriage. Does this support
qualify as tzedaka?
The support that
parents commit to their children is often because the children are not
self-sufficient. They may still be in their schooling years or just starting
out in their employment and not earning enough to cover their expenses. In
addition, the young couple may be starting as a kollel couple, and the kollel
stipend is not enough to cover living expenses. If the children are in need of
help, they qualify as aniyim.
There is an
important distinction to make, however. The parents often commit to support
their children. If, at the time that the parents made that commitment, they had
in mind to use tzedaka funds for the support, they may count the support
as tzedaka. But if they made the commitment without considering the
funds as tzedaka, they may not afterwards consider the money given as tzedaka.[3] The reasoning is this: One
cannot pay an obligation from maaser. It would be obvious to us that
someone who borrows money from a poor person cannot pay back the loan and then
count it as tzedaka. This case is similar. When the parents accept an
obligation upon themselves, payment of that obligation cannot be considered tzedaka.
But, as mentioned, the parents can initially undertake this support with the
intention of paying it from tzedaka.
We are all
familiar with the end of the tefilla of U’Nesana Tokef, where we
state that teshuva, tefilla, and tzedaka are able to
remove an unfavorable decree. This idea is based on a gemara in Rosh Hashanah
(16B). As a source for the merit of tzedaka, the gemara quotes the pasuk[4] “U’tzedaka Tatzil MeMaves,”
giving tzedaka can save one from a decree of death. We hope that the
merit of our tzedaka will be one zechus (merit) that allows us to
be written in the Sefer Hachaim, the Book of Life, for this upcoming
year.
Rabbi Rosenfeld administers cases for the Baltimore
Bais Din. He can be reached at RYR@Baltimorebaisdin.org.
