Matanos L’evyonim Before Purim
The first Mishnah in Megillah teaches that in years past, the Megillah could be read before Purim, on the 11th, 12th and 13th of Adar. Nowadays, however, we read Megillah only on the 14th and 15th of Adar, as the Rif explains (Megillah, Dafay HaRif 1a): “Since the poor people look forward to the reading of the Megillah so that they can receive ma’os Purim [money distributed on Purim], we therefore, read it only in its proper time.”
The Ba’al HaMa’or explains in the name of Rabbeinu Ephraim: בזמן הזה שישראל מיוסרין בדקדוקי עניות אי יהבינן להו מתנות בי"א ובי"ב ובי"ג אזלי ואכלי להו ביומא ההוא ושמחת פורים אינה נוהגת אלא בזמנה ובטלה לה שמחה - “Nowadays, when Jews suffer from terrible poverty, if we were to give the poor money on the 11th, 12th and 13th they would spend it immediately, and since Purim itself can be celebrated only in its proper time [i.e. the 14th and 15th], their joy would be negated [if they have no money left at that time].”
The words of the Ba’al HaMa’or are cited as halachah by the Magen Avraham (694:1) who writes: וכתוב במאור דלא יתן להם קודם פורים דלמא אכלו להו קודם פורים – “It is written in the Ma’or that one should not give matanos l’evyonim to the poor before Purim, lest they use it before Purim.”
The Maharsham, however, in his he’oras on the Shulchan Aruch asks on the Magen Avraham: “The Pirush HaRambam on the Mishnah and Tosfos Yom Tov (Megillah 1:3) clearly write that one does indeed fulfill his obligation of matanos l’evyonim from the 11th of Adar on, for it is only mishlo’ach manos that may not be given early. It is surprising that the achronim do not point this out.”
The Maharsham is referring to the Rambam in Pirush HaMishnayos who writes: ואמרו מתנות לאביונים ר"ל כי מי שנתן באותן הימים ר"ל יום אחד עשר שנים עשר ושלשה עשר מתנות לאביונים יצא ידי חובתו – “When they said matanos l’evyonim, this means that one who gave matanos l’evyonim on those days, i.e. on the 11th, 12th, and 13th, has fulfilled his obligation.”
Similarly, in Yad HaChazakah (Hilchos Purim 2:14) the Rambam writes: בני כפרים שקדמו וקראו בשני או בחמישי אם חלקו מעות לאביונים ביום קריאתן יצאו אבל השמחה והמשתה אין עושין אותם אלא ביום י"ד ואם הקדימו לא יצאו - “Villagers who read the Megillah earlier, on Monday and Thursday [before Purim], if they distributed money to poor people on the day they read, they have fulfilled their obligation. But the rejoicing and meal can be done only on the 14th, and if they did so earlier, they have not fulfilled their obligation.”
The Rambam doesn’t write anywhere that this halachah no longer applies (when we read only on the 14th or 15th), therefore, according to the Rambam it would seem that there is nothing improper about giving matanos l’evyonim even before Purim.
Matanos L’evyonim Must be Given on Purim Day
The Pri Megodim (Eishel Avraham 694:1) adds that even without the concern that poor people will use the money before Purim, it is still forbidden to give matanos l’evyonim before Purim since matanos l’evyonim has the same halachah as mishlo’ach manos, which can only be given on Purim day and not even the night before (as taught in the Rema 695:4).
The Gaon (695:4) explains that the source for the Rema’s ruling that one cannot give mishlo’ach manos before Purim day is, because it says in Megillas Esther: ימי משתה ושמחה ומשלוח מנות איש לרעהו ומתנות לאביונים - “Days of feasting and gladness and sending delicacies to one another, and gifts to the poor”, this pasuk discusses all the mitzvos and specifies “days”. The word “day” teaches that the mitzvos of Purim must be fulfilled on the daytime of Purim, and not the night before – and certainly not on the days before Purim – and this exposition applies both to mishlo’ach manos and matanos l’evyonim.
R' Shlomah Zalman Auerbach zt”l (Halichos Shlomah, Purim, Perek 19, he’orah 70) adds another source for this ruling, based on the Rosh, who writes that pirsumei nisa [publicizing of the miracle] is primarily achieved during the daytime of Purim, when the meal and rejoicing, as well as mishlo’ach manos and matanos l’evyonim, take place. From here the Rema derived that mishlo’ach manos can be given only during the day of Purim – and the same applies to matanos l’evyonim.
The Aruch HaShulchan (695:2) also rules that it must be given on Purim and he adds that even if it is given with explicit instructions that it should be used on Purim, it doesn’t help, since the obligation is to give it on Purim itself.
The Mishnah Berurah (695:22) also writes: “One must send mishlo’ach manos during the day; the same is true for matanos l’evyonim.”
R’ Moshe Sternbuch writes (Shu”t Teshuvos V’Hanhagos 3:238) that in Johannesburg, there were not many poor people, and the members of the community therefore wanted to fulfill their mitzvah of matanos l’evyonim by giving it to the poor people of Yerushalayim. They cited a ruling heard from the great poskim in the Holy City that this is the ideal way of fulfilling their mitzvah. He writes that in his opinion, this is not clear at all, and on the contrary, the Chazon Ish is quoted as ruling that people who celebrate Purim on the 14th cannot fulfil their obligation by giving to poor people in cities that celebrate on the 15th. For if the poor person receives the gift before it is Purim, he might spend it all before Purim, and it would not then be deemed a Purim gift. And if the person in Johannesburg were to wait until the 15th to give it – even though it is now Purim for the poor person in Yerushalayim – how can he fulfill his obligation of matanos l’evyonim when it is no longer Purim for him in his home city of Johannesburg? R’ Sternbuch therefore ruled that one must find a poor person in his own city, and he does not fulfill his obligation by giving it to someone in Yerushalayim. He notes that this is true even though this may result in the poor people of Yerushalayim losing out.
R’ Shlomah Zalman Auerbach (Halichos Shlomah, Purim 19:21) also rules that people who celebrate Purim on the 14th should give matanos l’evyonim to poor people who celebrate Purim on the same day, and people who celebrate on the 15th should give to poor people who celebrate on the 15th.
In a footnote they bring that people from Bnei Brak once collected matanos l’evyonim for a widow who lived in Yerushalayim, and R’ Shlomah Zalman Auerbach ruled that she should come to Bnei Brak on the 14th so that the donors can properly fulfill their mitzvah of matanos l’evyonim.
Dissenting Opinions
On the other hand, the Pri Megodim (in the continuation of his words cited above) permits giving matanos l’evyonim before Purim, since this allows the poor to purchase things for Purim. He writes that it is permitted to give it on Ta’anis Esther, and certainly on the night of the 14th, but not before this, out of concern that they will use it before Purim. However, he ends off that this requires more looking into.
The Eishel Avraham (Butchatch) writes a limud zechus for those who send matanos l’evyonim on Ta’anis Esther or even beforehand. He explains that the recipient certainly wants the giver to fulfil the mitzvah in the most ideal way, like Chazal tell us that what the poor person does for the giver of the tzedakah is greater than what the giver does for the poor person. Therefore, even if the poor person spent the money before Purim, we may assume that it was originally given as a loan to be paid back on Purim, and on Purim he sets aside other money to be “paid back,” and then he goes ahead and is zocheh [acquires] this money for himself and takes it as matanos l’evyonim.
The Shu”t Divrei Yatziv (Orach Chaim 298) writes that if the givers stipulate with the poor that the money should be used only for the Purim seudah, the obligation is fulfilled according to all opinions.
Conclusion
The Magen Avraham, Gra, Aruch HaShulchan and Mishnah Berurah all maintain that one cannot give matanos l’evyonim before Purim. The Biur Halachah (694, d.h. lesheini) cites the Machatzis HaShekel who says, it is common to give before Purim, however, one must make sure to give twice and to give on Purim as well.
The Eishel Avraham, however, infers from the Rambam that one does fulfill the obligation of matanos l’evyonim even before Purim. The Pri Megodim also writes that it is permitted to give matanos l’evyonim right before Purim, on Ta’anis Esther and on the night of Purim, so that the poor may use the gifts to pay for Purim expenses. The Divrei Yatziv adds that if one stipulated with the poor person that he should use the money only on Purim, he has certainly fulfilled his obligation.
Sending Matanos L’evyonim Before Purim to Arrive on Purim
The Ba’er Heitev (695:7) wonders whether it is permitted to send matanos l’evyonim before Purim that will reach their destination on Purim, or whether the obligation is specifically to give the gifts on Purim:
Do we say that since at the time he sent them he was not yet obligated, he does not fulfill his obligation, or do we say that since the money reaches its destination on Purim, which is when one is obligated, he fulfils his obligation?
The Ba’er Heitev concludes by citing the Yad Aharon who is inclined to say that one does fulfil his obligation.
The basic understanding of this question is whether the primary mitzvah is the giving, in which case one does not fulfil his obligation if he sends it early, or if the mitzvah is the receiving the money in Purim, and therefore, as long as the poor person receives the money on Purim, the mitzvah has been fulfilled.
The Shu”t Shraga Meir (2:99) discusses this at length and in practice he concludes that since many achronim maintain that the critical factor is the acceptance of the gift, if the poor person accepts the matanos l’evyonim on Purim, the giver fulfils his obligation even if it was sent before Purim. He adds that in ruling in this manner we may also rely on the opinion of the Rambam in Pirush HaMishnayos (1:3) who maintains that even if one gave matanos l’evyonim on the 11th, 12th and 13th he fulfils his obligation. And certainly, if one sent the money with an agent who can technically back out of his mission, it is considered as if one gave the money on Purim itself.
This is also the opinion of the Mahari Asad in Yehudah Ya’aleh (204) who writes that the fulfilment depends on when it is completed. Therefore, as long as the matanos l’evyonim was received on Purim, even if it was mailed long before, one has fulfilled his obligation, in as much as the mailing is only hachanah [preparation] for the mitzvah. As for the pasuk which states “v’lo ya’avor” , which implies that the mitzvah must be done specifically on Purim, this is only referring to when the mitzvah must be completed, not when it must begin - just like the Purim meal, which must be eaten on Purim, but can be prepared any time earlier.
Nevertheless, the Shraga Meir writes that it is preferable to give matanos l’evyonim on Purim itself.
The Shraga Meir writes: Based on kabbalah, matanos l’evyonim should be given on Purim itself either before davening like it says in the Yesod V’Shoresh HaAvodah or after Megillah. Therefore, it is improper for one who knows the proper intentions behind the mitzvah to send it with an agent before Purim so that it will reach the poor person on Purim. Even those who do not know these intentions can still attach themselves and perform the mitzvah according to the tzaddikim of the generation, who do know the intentions.”
Matanos L’evyonim Through Forgiving a Debt
Based on the above, that the mitzvah of matanos l’evyonim is to give the poor money on Purim for them to use for their Purim expenses, the poskim extrapolate that one does not fulfill his obligation of matanos l’evyonim by forgiving a debt that a poor person owes him, since the poor person does not thereby have new money to use on Purim. In the words of R’ Shlomah Zalman Auerbach, as cited in Ma’adanei Shlomah (Purim, pg. 120):
“One does not fulfil his mitzvah of matanos l’evyonim by paying the debt of a poor person (e.g. paying his bill at the grocery store) since the mitzvah requires that money is handed over to him to spend as he please. As such, one also does not fulfill his obligation by giving him money, with instruction to pay off a certain debt, since he cannot use the money as he pleases. The same is true of forgiving a debt, which likewise does not meet this criterion ... “
Based on the above it comes out that one may certainly fulfil his obligation of matanos l’evyonim with money that was sent before Purim, if it is given to a poor person on Purim and he is allowed to use it as he wishes.
In fact, in Ashrei HaIsh (41:1) they bring from R’ Elyashiv, that one may appoint an agent before Purim to give matanos l’evyonim for him on Purim. They bring that gabba’ei tzedakah who collect money before Purim have long been instructed to hold the money as a deposit on behalf of the givers until Purim, at which point they give the matanos l’evyonim on their behalf – and they inform the donor that this is their practice. Similarly, the gabbaim may distribute the money to the poor people before Purim as a security and the poor acquire it as their own on Purim. Giving matanos l’evyonim in this manner is considered lechatchilah [ideal].
Matanos L’evyonim With a Check
Based on the above, that the objective of matanos l’evyonim is to provide poor people with money so that they have money for their Purim needs, the poskim discuss whether one may fulfill their obligation with an ordinary check.
In a case when the check can be cashed on Purim, all agree that one fulfills the mitzvah, provided that banks are open, since the poor person can deposit the check into his account on that day.
The Ma’adanei Shlomah quotes R’ Shlomah Zalman Auerbach who takes this a stage further and writes that even if the banks are closed one can still fulfil his obligation of matanos l’evyonim, since “the check can be cashed by a neighbor and the like and is thus considered money.”
What About a Postdated Check?
According to this reasoning that a check is considered “cash” since it can easily be used, it stands to reason that one can also fulfill his obligation with a postdated check. Such a ruling is in fact cited in the name of R’ Shlomah Zalman Auerbach (Halichos Shlomah, 19:23, footnote 36).
They bring: “There is no difference whether the check is currently payable or not, or whether the bank is open or not. As long as one receives the value from this check (on Purim) from his neighbor or storeowner (i.e., who accepts it now and cashes it when it becomes payable), it is considered an act of giving.”
A similar ruling is cited in the name of R’ Elyashiv (Ashrei HaIsh, Purim, pg. 305). He adds that if the gabbah tzedokah receives postdated checks and gives out cash, that also helps.
On the other hand, R’ Wosner was asked (Shu”t Shevet HaLevi, Orach Chaim 167:3) whether one may fulfill matanos l’evyonim with a check and whether there is a difference between a postdated check and a payable check, and he responded as follows:
“If a check can be used to purchase food and drink for Purim, it is clear that he fulfils his obligation. However, if one gives a check that can be covered with sufficient funds but is dated for after Purim – [giving this to the poor] is considered a regular mitzvah of tzedakah but is not a fulfillment of matanos l’evyonim.
This opinion is very difficult as in the end of the day a postdated check can be used to receive money or items in return, so why is it no good?!
R’ Menasheh Klein (Shu”t Mishneh Halachos 6:122) was asked whether the fact that one can technically stop a check demonstrates that it is not considered money, and therefore, one cannot fulfil matanos l’evyonim with it. He responded that there is no such concept.
Insufficient Funds to Cover the Check
The Shevet HaLevi was asked further, based on his ruling (differentiating between a payable check versus a postdated check), about a case where one does not have sufficient funds in his account to cover the check, but the bank will honor it anyway, if one can fulfil the mitzvah in this manner? He responded that it is logical that one fulfills the mitzvah, since money will reach the poor person because of his action.
The Mishneh Halachos agrees, since in the end of the day one gave the recipient something of value. Although there are presently insufficient funds in his account, he fulfills his obligation since the poor person can use it for Purim expenses at a store that will accept it, and hold it until sufficient funds are available.
The Nitei Gavriel (Purim 66:3) also rules accordingly.
A Check That Can Be Cashed by the Beneficiary Only
In light of the above, let us proceed to discuss whether one fulfils the mitzvah by giving a poor person a check that can be cashed only by the receiver – thus seemingly preventing him from being able to sell it or use it for purchase. Now, if the poor person receives the check when the bank is open, the obligation is certainly fulfilled since he can immediately cash the check at the bank – and if he fails to do it, that is his prerogative. It is no different than if he decided not to buy anything on Purim; the gift was still a valid gift.
What remains to be determined, however, is the halachah where one gave a check at a time or place when he cannot cash it in his bank on Purim. Or, even if the bank is open on Purim, if it is in a place such as the United States, where banks customarily do not give cash for a check until it clears. In such a case, the poor person has no benefit from the check on Purim.
In Chazon Ovadia (Purim, pg. 170) R’ Ovadia Yosef permits giving matanos l’evyonim with a check, even if the bank is closed. In the introduction the Kuntros “Ki Ba Mo’ed” a letter from R’ Binyamin Chutah is cited. He asked R’ Ovadia whether one fulfills the obligation of matanos l’evyonim with a check that only the poor person can deposit and only at a bank and not a moneychanger. R’ Ovadia responded in handwriting, “He fulfils his obligation.”
However, R’ Ovadia Yosef Toledano, a grandson of R’ Ovadia, wrote a letter to R’ Tzvi Ryzman arguing on the above pesak from R’ Ovadia. He writes he did see the ruling of his grandfather; however, he believes that the details and status of this type of check were not properly explained to his grandfather.
Credit Cards
So far, we have established that the objective of matanos l’evyonim is to enable the poor person to pay for his Purim expenses. It thus stands to reason that one would not fulfil their obligation with a credit card donation that was done on Purim. [In other words, if the poor person is a merchant or is associated with an organization from which he can draw funds, one does not fulfil the mitzvah by giving him money with a credit card on Purim.] This is true because of the following:
- Since it takes several days to process the credit card transaction before the poor personally receives the money in his account, he will not receive the money until after Purim. The giver thus has not given him money.
- Even if the giver charges the credit card three days before Purim, the poor person still hasn’t received the actual money in his hands, but rather a
