Halachot and Customs
What Percentage May Fundraisers Take?
Question
Hello, Rabbi.
There is a common phenomenon of people, let us call them shlichim, who go from one synagogue to another throughout the country and raise donations for a bride's dowry, needy families, and the like, and from the money they earn they take 50 percent for themselves. I wanted to know whether this is permitted according to the Torah. In my view, this seems like deception and even outright theft, because the donors do not know this fact about the person collecting the money, and from their perspective they are giving charity to the needy themselves and not to their agents. What is the rabbi's opinion on this matter?
Answer
Greetings,
The very fact that it has become customary for a shaliach who collects money for the poor and the like to take a portion of the money for himself is certainly permitted, because it is for the benefit of the poor. If he were not to receive a fee as a worker, shlichim would not be found. Therefore, it is customary that he receives his pay by percentage, since this encourages him to act (Responsa Teshuvot Vehanhagot, part 2, siman 475. See also Responsa Shevet HaLevi, part 2, siman 122).
However, it is certainly forbidden for a shaliach to take fifty percent of the money he collected, since if the donors knew that half of their money was going to the shaliach, they would not donate at all. It follows that if he takes fifty percent for himself, he is acting against the donors' intention, and this is absolutely forbidden because of theft (see Responsa Mishneh Halachot, part 7, siman 237, end of the siman. Also see there in Teshuvot Vehanhagot, where he warned that the shaliach should not take large sums against the donors' intention because of theft. See further at length in Responsa Teshuvah KeHalacha, siman 29, and in Responsa Shaarei Yosher, part 5, siman 98).
As for how much percentage a shaliach may take, some are lenient and allow up to 35 percent (Orchot Rabbeinu, part 3, page 139, בשם הגרי"י קניבסקי זצ"ל, who permitted the shaliach to take the above percentage from the money he collects for the yeshivah, aside from his expenses. See also the book Chashukei Chemed, tractate Shevuot, page 58).
Others say that he should not take more than 25 percent (Maaseh HaTzedakah, page 43, note 4, בשם הגרח"פ שיינברג זצ"ל, that this is a proper amount. A similar view to the two opinions above is already found in Knesset HaGedolah, Choshen Mishpat, siman 331, in Hagahot Beit Yosef, letter 7, in the name of the Maharam Galanti, siman 7, that in their time it was customary to give shlichim one-third or one-quarter).
With blessings,
Hillel Meirs
