By Rabbi Yair Hoffman for 5tjt.com It is a fascinating Gemorah – that some might consider a paradox.  The Gemorah in Bava Metziah 83a tells us that halacha requires us to go beyond halacha.  It is the din to do so. Where does this obligation come from? It is based upon a verse it Dvarim (6:18), v’asisa hayashar vehatov b’einei Hashem – And you shall do what is just and good in the eyes of Hashem.  The Ramban explains on this pasuk that the Mitzvos in the Torah give us the ability to develop the sense of yashrus that Hashem wants of us. The case of the Gemorah (BM 83a) is one that concerns paying workers that did not benefit the employer on account of their misperception.  The halacha was that they should be paid anyway – beyond their actual obligation of the employees. But what about a Yeshiva or a Tzedakah organization?  Must they also act beyond the letter of the law?  Let’s say, for example, a secretary is retiring. She served the school well. Lovingly.  Should the school give her some funds for a pension?  Should they pay chodesh lashana – for example? Or what about a Rebbe that dedicated himself day and night to his students. Should the school give him more than he technically is entitled to? Generally speaking, we must be very careful with what is termed, “Mammon Hekdesh” or communal funds – may we act “beyond the letter of the law” regarding funds from such an organization? Rav Malkiel Tzvi Tenenboim (1847-1910), author of the Divrei Malkiel (Volume IV #64) rules with a resounding, “yes.”  Tzedakah organizations have the same obligation to follow this verse in Dvarim – just like everyone else. There are some Poskim that are of the opinion that one is only obligated to occasionally act beyond the letter of the law, but not to always do so.  Others point out that while this may answer the paradox nicely, it does not fit perfectly with the actual language of the Gemorah.  As the initial authority answered that it was din – not chumrah.   The author can be reached at yairhoffman2@gmail.com

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