Monday, 11 March 2024

Paying double: charitable gifts and donation matching

Three times this week I have been invited to make a charitable contribution to an appeal based on ‘donation matching’, where any amount I give is promised to be matched penny for penny by a usually unnamed donor. Each of these charitable causes is one to which I would have given even if there were no matching donor, but I suspect that I have been gently manipulated by the existence of a matching scheme into giving more than I might otherwise have done.

I’ve often donated to such campaigns over the years and have occasionally wondered about them since, offhand, I don’t think they are subject to formal legal regulation. For example, how do I know whether the matched donations are ever made? And what if the sums donated are so great that the putative provider lacks funds to match them? Apart from this article (‘Donor Match-Making – Legal Considerations for Matching Gift Campaigns’) by Tracy L. Boak of law firm Perlman & Perlman back in 2021 I’ve not found much to go on. In contrast, there is a large and growing literature on how to set up and maximise the effect of such schemes.

Pirkei Avot, however, would appear to give the principle the green light. We learn at Avot 5:16 that donors to charity come in different shapes and sizes:

אַרְבַּע מִדּוֹת בְּנוֹתְנֵי צְדָקָה: הָרוֹצֶה שֶׁיִּתֵּן וְלֹא יִתְּנוּ אֲחֵרִים, עֵינוֹ רָעָה בְּשֶׁל אֲחֵרִים. יִתְּנוּ אֲחֵרִים וְהוּא לֹא יִתֵּן, עֵינוֹ רָעָה בְּשֶׁלּוֹ. יִתֵּן וְיִתְּנוּ אֲחֵרִים, חָסִיד. לֹא יִתֵּן וְלֹא יִתְּנוּ אֲחֵרִים, רָשָׁע

There are four types of charity donor. One who wants to give but does not want others to give is begrudging of others. One who wants others to give but does not want to give—begrudges oneself. One who wants to give and that others should give is a chasid [in this context a really good person who displays exemplary moral standards]. One who wants neither to give or for others to give is wicked.

Any matching donor, promising to match the donations of others with his or her own funds, is clearly defined here as a chasid, even though they achieve this covet praise quite literally at the expense of others. 

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