03 Sep THE BEST SCHOOL

I. Which Charity?
Many people in the
Jewish community
have achieved
varieties of financial
success, allowing
them the privilege
of supporting many charities. This
raises questions of communal and
philanthropic priorities. Others have
limited charity funds but still want to
allocate them effectively. The issue is
a blessing but also a complex problem,
with multiple angles. I would like to
explore a specific subject — what is the
best charity if you have to choose only
one?
In mid-sixteenth century Turkey, a
wealthy man passed away without
leaving instructions for the disposal
of his charity funds. The local rabbis
decided that some of that charity money
should be given to the deceased’s poor
brother but the sons of the deceased
objected that they should inherit
the money and decide what to do
with it. The question was brought

to the Maharshdam, Rav Shmuel
Di Medina of Salonica (Responsa
Maharshdam, Yoreh De’ah 158).
Maharshdam says that we have to try to
determine the deceased’s desires for the
charity fund. Since in this case we do
not know his intentions, we should give
the money to the highest level of charity.
The Tur (Yoreh De’ah 259) quotes his
father, the Rosh, as saying that a town
may reallocate to a study hall money
that was donated to a synagogue or
cemetery. Maharshdam argues that if in
a case in which we know with certainty
that the donor intended for the money
to go to a synagogue we can use it for
a study hall, then certainly when we do
not know the donor’s intention we can
use the money to support Torah study.
If we give the money to a lesser charity,
we risk misusing the donation.
II. Higher Torah
The question then becomes which
Torah study organization receives
higher priority. Maharshdam quotes the
Gemara (Shabbos 119b) that the world
survives because of the Torah study of

children, who due to their age are free
of responsibility from sin. Additionally,
more people doing a mitzvah together
has greater merit than fewer people.
Therefore, concludes Maharshdam, the
money should be given to ththe highest
charity — a large elementary school.
Similarly, Rav Ephraim Navon in
early eighteenth century Turkey
addresses a related question (Machaneh
Ephraim (Hilchos Tzedakah 11). A
man donated money to establish in
a small town a part-time kollel of ten
men studying Torah. However, the
town could not find ten men willing to
enroll. The donor wished to change the
endowment from a kollel to a full-time
elementary school teacher. Rav Navon
permitted this reallocation for technical
reasons but adds that this new purpose
is higher than the original because the
Torah study of children sustains the
world.
III. G-d’s Place
However, Rav Yosef Raphael Chazzan
of early nineteenth century Turkey
challenges this argument (Ma’archei
Lev vol. 1 no. 25). He quotes the
Gemara (Berachos8a) which states that
nowadays G-d only has the four cubits
of halachah. Therefore, He loves the
distinguished gates of halachah more
than all the synagogues and other
study halls. According to this passage,
high-level Torah study merits higher
priority than any other study. This
seems to contradict the earlier passage,
which gives priority to children’s
Torah study.
This question gains greater strength

when we note that the priority of high-
level Torah has practical implications.

Rambam (Mishneh Torah, Hilchos
Tefillah 8:3) rules, based on the above
Gemara, that it is better to pray in a
study hall than a synagogue. Shulchan
Aruch (Orach Chaim 90:18) rules
likewise. Since the two passages seem
to contradict and the latter is quoted
authoritatively, it would seem that an
elementary school should not be given
priority over adult Torah study.

Rav Chaim Palaggi (Chaim Be-
Yad nos. 64-65) of nineteenth century

Turkey favors the interpretation of Rav
Chazzan. However, he struggles with
the many authorities who side with

the Maharshdam. Rather than taking
a minority view against the majority,
in an impressive act of intellectual
humility Rav Palaggi adopts a middle
position that gives due weight to the
majority with which he disagrees.
IV. Jewish Behavior
Perhaps a reconciliation of the
two passages lies in the Rambam’s
interpretation. Rav Chazzan and
Rav Palaggi follow Maharsha’s
interpretation that the Gemara is
praising high-level study of halachah.
In the introduction to his commentary to
the Mishnah, Rambam sees the passage
about the four cubits of halachah as
a general declaration about the
uniqueness of true loyalty to the letter
and spirit of halachah (ed. Kafach, vol.
1, p. 21). Synagogues and study halls
may be full of people studying Torah
but not enough of those students apply
these teachings properly to develop
a faithful Torah personality. Only
someone who internalizes the messages
of halachah can reach out fully to G-d.
If so, the distinguished gates
of halachah may overlap with
elementary schools. Schools that teach
proper character traits seem to qualify
as remaining within the four cubits
of halachah, whether for adults or
children. An elementary school that
trains its students to follow the law, to
embrace and internalize the messages
of Judaism regarding behavior and
thought, serves in the same capacity
as a high-level kollel. Both types of
institutions are distinguished gates
of halachah. Elementary schools
have the additional benefit of purity,
discussed above.
If this is correct, the highest charity
would be an elementary school that
emphasizes proper behavior and
attitudes, a mussar-focused cheder that
directs pure children on the proper path.