Q&A: Charity
Charity
Question
Hello Rabbi,
1. We learned the topic of one who guards a lost object {an unpaid bailee or a paid bailee}, and I saw the Rabbi’s lectures from 2003—they are long and deep; more power to you.
Could the Rabbi help focus me {sources or Jewish law} regarding the question of when a person is obligated to give charity? The question came up when we learned Rabbi Yosef’s perutah. Seemingly, if a person has the right not to give charity right now, or to choose to whom to give, then why do we say: “through that benefit, that he does not need to give bread…”?
2. I find the Rabbi’s approach regarding accepting the authority of the Sages a bit difficult {no doubt the Rabbi will tell me to take a calming pill, and everything’s fine…}, and the Rabbi’s view that a person should follow only his own understanding {of course after he has investigated the matter}. I remembered the Rabbi’s outlook when we learned the second reasoning in Rabbi Yosef’s opinion, that since the Torah subjected him to guard it, his level of obligation is higher. And I told the students that despite the explanations of the Pnei Yehoshua {reward for the commandment} and Rabbi Samson Raphael Hirsch {that obligation raises the level of guarding}, in my opinion that is דווקא a reason why one who guards a lost object should be an unpaid bailee—not enough that they obligate me to return a lost object, they’ll add more obligations to me too??? But I qualified that by saying: fine, credit for the reasoning, but apparently the Sages thought otherwise…
Good tidings to the Rabbi.
Answer
- In any case, it is not certain that a poor person will knock on his door, so even if there were an obligation to give to every poor person, this is still only a doubtful gain. Therefore, even if he is not obligated to give to every poor person, there are still situations in which he is obligated, and in those situations he is exempt because he is busy with the lost object. That alone is enough to make him a paid bailee.
- A paid bailee is not necessarily required to guard more carefully. Simply speaking, he too guards in the normal way people guard. It only adds liabilities if something happens (theft or loss). The discussion is not about what he deserves, but about which legal category he falls into. If this thing is indeed considered payment, then he is a paid bailee. Even if morally it seems unfair to you, that is the legal situation. The Sages can always enact a regulation exempting those who guard lost objects because of the moral consideration. The discussion here is legal, not moral. Now I find myself wondering whether a paid bailee can make a stipulation like any other bailee can (Mishnah, Bava Metzia 94a). Seemingly, he could accept upon himself to take care of a lost object on condition that with respect to it he will be only an unpaid bailee. This requires discussion, because there is no second party here. He cannot stipulate with the Torah, since it obligates him. This is not a voluntary contract like an ordinary bailee, where everything is in his hands. On the other hand, he can choose not to involve himself with the lost object. This is a halakhic obligation, not a legal one. Therefore perhaps he actually can make such a stipulation. Like the stipulation of a person who saves his fellow on condition that he be paid more than an idle laborer.
Discussion on Answer
https://www.yeshiva.org.il/ask/93809
Thank you very much.
In what situations is one obligated to give? For example?