Charity

From Halachipedia

It is a positive mitzvah to give Tzedaka (charity) to the poor people of Israel; one who hardens his heart and doesn't give violates a Torah commandment [1].

General guidelines

  1. There is no bracha for the mitzvah of Tzedaka. See the footnote for different reasons suggested.[2]
  2. Many opinions hold that if one decided to give charity mentally without expressing it verbally, one should fulfill that decision.[3]
  3. If a person wrote a check for tzedaka he must carry through with his decision and give it to tzedaka.[4]
  4. If one verbalizes this commitment, one must make good on it immediately to not violate the command "בל תאחר / do not delay" [5]. If no poor are available, one must set it aside until he finds poor people.[6].
  5. One should be very careful not to raise his voice against or embarrass a poor person [7].
  6. There is doubt whether it counts as Tzedaka if you give Tzedaka to someone who is a fraud. Therefore, one must attempt to verify whether the person is poor before one gives [8].
  7. A person shouldn't accept honor by virtue of the Tzedaka that he gives; however, if he donates something, it is permitted for his name to be written on it, so that it should be a remembrance for him; it is fitting to do this [9].
  8. There is no specific time for Tzedaka and even though some kabbalists say that one shouldn't give it at night, the consensus is that it is totally acceptable to give tzedaka at night.[10]

Collectors of Tzedaka

  1. Someone collecting tzedaka should not do so in the middle of Chazarat Hashatz or Kiryat Hatorah since it disturbs the concentration of those who are davening and listening to kriyat hatorah.[11]

Who is obligated to give?

  1. Even a poor person, himself supported from Tzedaka, who has some money of his own that isn't needed for business, should give Tzedaka even if it’s only a small amount. [12]. This is because he has a way of making a livelihood--namely, collecting Tzedaka--which won't be hampered by his giving Tzedaka [13].
  2. A poor person who doesn't have much shouldn't feel bad that he can't give much, because his small amount is better than a lot from a wealthy person [14].
  3. Someone who only has enough for his livelihood isn't obligated to give, since his livelihood takes precedence to others [15].

How much to give

  1. The community should supply a poor person who asks in private the amount he is lacking with respect to his previous standard of living. However, to a poor person who is knocking on doors the community only needs to give him money for 2 meals and a place to stay. [16]
  2. It is better to give a lot of poor people a little money, then to give one poor person a lot of money.[17]
  3. One who gives to charity shouldn't give more than a fifth of his income, so that he doesn't become poor himself during his life; on his death bed, he can give up to 1/3 of his inheritance to charity [18].
  4. One is forbidden to turn away a beggar empty-handed, even if one only gives him one fig. If one doesn't have any money, one should comfort him with words [19].

Whom To Give To

Non-Jews

  1. The community should give non-Jews food and clothing just like they give to Jews, because of "Darchei Shalom," promoting positive relations with non-Jews.[20]

Tzedaka Priorities

  1. The order of priorities where one should allocate one's tzedaka is as follows from the highest priority to lowest priority:
    1. A poor relative,[21]
      1. A poor parent,
      2. A poor child,
      3. A poor paternal brother or sister,
      4. A poor maternal brother or sister,[22]
    2. A poor neighbor or poor friend who lives in the city,[23]
    3. Other poor people of his city or his wife's relatives,[24]
    4. Poor people of Yerushalayim,[25]
    5. Poor people of Israel,[26]
    6. Poor people outside Israel.[27]
  2. A public charity collector must not give precedence to his relatives.[28]

Proportions for Each Priority Level

  1. When giving to a higher level priority strictly speaking one can give all of one’s tzedaka to that level, however, the poskim recommend that it is not proper to give all of one’s tzedaka to one’s relatives but divide some of it to others.[29]
  2. If a lower priority level needs tzedaka more than the higher priority level needs it, they have precedence over the lower priority level.[30] Some disagree.[31]

Breaking a Tie

  1. If two people in the same priority level[32] are coming to collect tzedaka and there isn't enough tzedaka for both of them, the follow ordering system is applied: Talmud Chacham, Kohen, Levi, Yisrael, Chalal, Mamzer, and then Ger.[33]

Children

  1. It is called "Tzedaka" to give money to one's children above 6 years of age (one is not obligated to support them beyond that age), in order to support one's sons for Torah learning or guide one's daughters in a proper path, and to give money to a father who can't support himself. Indeed, they take precedence over other people entitled to receive Tzedaka. [34]

Torah Scholars

  1. One must be especially careful to give to a poor Torah scholar. If he doesn't want to receive it, one should try to help him make money in an honorable way or give him money to do business.[35].

How to Give it

  1. One who gives Tzedaka should do it from the best of his property. If one buys a place of prayer, it should be nicer than his house. One who feeds a poor person should give him from the best things on his table. One who gives clothing to someone who doesn't have should give him from the nicest of his clothing.[36].
  2. Anyone who gives Tzedaka to a poor person with a negative expression or face looking at the ground--even if he gave him 1,000 gold pieces--loses his merit, and in fact violates a Torah commandment [37]. Rather, one is obligated to give him with a nice expression, with happiness, with empathy for his plight, and with words of encouragement [38].
  3. The highest form of Tzedaka is preventing a poor person from becoming poor in the first place--for example, giving him a proper gift in a respectable way that prevents him from becoming poor, loaning him, becoming a business partner, or finding him a job [39].
  4. One should be careful to give Tzedaka as privately as possible; if possible, it is best if he doesn't know whom he is giving to, and they don't know whom they received it from.[40].

Maaser Kesafim

For Sefardim: There is a praiseworthy minhag to give a tenth of one’s income in charity every year. Before accepting this minhag one should stipulate that one will be able to use the money set aside for Maaser could be used for Mitzvot. [41]

  1. If one has financial difficulty one should stipulate from the beginning that one will only give Maaser after having subtracted all of one’s expenses from one’s incomes. [42]

For Ashkenazim:

  1. The first year, one takes 1/10th of his principle. From then on, one takes 1/10th of the total of one's income.[43] Most poskim hold that you do not deduct living expenses before calculating 1/10th of one's income to be given as maaser.[44]
  2. The standard obligation is 1/10 but the choicest Mitzvah is to give 1/5th of one's income to tzedaka.[45] One shouldn't give more than a 1/5 so that one doesn't become poor himself except before he is going to die.[46]
  3. If someone losses money by losing it or theft it can be deducted from one's earnings of the year before calculating maaser.[47]

What to do with the Ma'aser money?

  1. This money should go to the poor, not for some other purpose, e.g. giving candles to a shul [48].
  2. If one had the opportunity to help a poor bride and groom get married or to buy Sefarim to learn and lend to others to learn, if he couldn't otherwise do those Mitzvos with his own money, without the Ma'aser money, he can use the Ma'aser money for these purposes.[49].
  3. However, if one buys books with Ma'aser money, one must be careful to loan them to others unless one is using them (in which case one's use takes precedence). He should also be careful to write on them "from Ma'aser money", so that his children later don't take possession of them [50].

Taking Tzedaka

  1. A person should endeavor to refrain from taking charity and endure some hardship in order not to take charity. Chazal state that it is preferable to make your Shabbat meal like a weekday rather than take from charity. (See the Kavod Shabbat page for the practical laws about how a poor person should fulfill Kavod Shabbat.) Anyone who presses himself to live with difficulty without taking charity is blessed to one day have enough money to support others.[51]
  2. Someone who can't live without Tzedaka--e.g. an elderly person, sick person, or someone suffering--but is haughty and doesn't take, sins by not taking [52].
  3. A person who doesn't need to take charity and nonetheless deceives people and takes won't die before he genuinely becomes poor.[53]

Tzedaka before Pesach

see Maot Chitim

Statements of Chazal about Tzedaka

  1. Tzedaka is a trait that characterizes the descendants of Avrohom Avinu [54].
  2. The Jewish religion isn't stable without charity [55]
  3. The one who does Tzedaka [56] is better than all the Korbanos [57].
  4. Israel will only be redeemed through Tzedaka [58]
  5. No one ever becomes poor out of giving Tzedaka, and no bad thing nor damage comes from Tzedaka [59]
  6. If one has mercy, Hashem will be merciful to him [60]
  7. Hashem is close to the poor, so one must be careful to hear their cries [61].
  8. A person should think: just as he davens to Hashem for a Parnassa / livelihood, and Hashem gives to him, so too should a person listen to the poor [62].
  9. A person shouldn't say, "how can I diminish my money and give it to the poor", because he should know that the money doesn't belong to him, but is instead a deposit from Hashem in order to do His will[63].
  10. Tzedaka pushes aside evil decrees and adds life.[64]
  11. One who convinces others to give is greater than the one who gives.[65].
  12. The reward for a Tzedaka collector is great; if the poor give him a hard time, he shouldn't be worried, for this increases his reward [66].
  13. One who gives charity in secret is greater than Moshe Rabbenu [67]
  14. One who gives even a peruta to the poor merits to receive the presence of God.[68]
  15. Whoever gives even a small coin to a poor man receives six blessings, but whoever speaks reassuringly to him receives eleven blessings.[69]
  16. If a person closes his eyes to avoid giving [any] charity, it is as if he committed idolatry.[70]

Related Pages

  1. Matanot_LeEvyonim
  2. Month_of_Nissan#Maot_Chitim

Links

Sources

  1. ↑ See Devarim 15:7-11, Rambam Sefer HaMitzvot (Mitzvah Aseh #195)
  2. ↑ The Sh"t HaRashba 1:18 explains that there's no bracha for the mitzvah of tzadaka because it depends on the reciever and since it is possible that he receiver will not accept the money, chazal didn't establish a bracha for the mitzvah. The Aruch HaShulchan YD 240:2 explains that the reason there is no bracha for Tzadaka is because both Jews and non-Jews do this deed. Since the primary difference between a Jew and non-Jew who take such actions is the intent, that the Jew does it in order to fulfill a mitzvah and the non-Jew does it because its moral, for such an action one may not say "Asher Kideshanu" - we were commanded in this specific action.
  3. ↑ There's two opinions in Shulchan Aruch C”M 212:8 if a mental thought to make something hekdesh or tzedaka is binding. The Rama C”M 212:8 and Y"D 258:13 writes that the halacha is that it is binding. Yechave Daat 6:52 has a doubt about the opinion of Shulchan Aruch. On the one hand, since there are two opinions in S”A, it would seem that the halacha is like the second one, who in this case is lenient. But, on the other hand, the second opinion is quoted as yesh mi she'omer in singular, whereas the first is quoted in plural yesh omrim. Yalkut Yosef y"d 247-259:12 just quotes Shulchan Aruch but doesn't give a definitive ruling. In one article of DailyHalacha by Rabbi Mansour, he writes that we're lenient according to the opinion of the Daat Esh who says that everyone agrees that its not binding if the whole event was mental but there's a dispute if you said you'd give but didn't specify. However, the Yechave Daat 6:52 argues that this opinion is not implied by Shulchan Aruch. However, in another article Rabbi Mansour writes that we're machmir that it is binding according to the Or Letzion.
  4. ↑ Chukei Chaim YD 3:56 raises the possibility that an action to give tzedaka is more significant than just thinking about giving tzedaka and should be fulfilled. Mishnat Hamishpat p. 369 quotes the Mayim Kedoshim, Olot Shlomo Menachot 55, and Binyan Olam EH 2 who say this. He concludes that if someone wrote a check to tzedaka he needs to actually give it to tzedaka.
  5. ↑ Kitzur Shulchan Aruch 34:9
  6. ↑ Kitzur Shulchan Aruch 34:9
  7. ↑ Kitzur Shulchan Aruch 34:8
  8. ↑ http://www.ravaviner.com/2010/02/giving-tzedakah-to-beggars.html
  9. ↑ Kitzur Shulchan Aruch 34:13
  10. ↑ Some learned from the Arizal that he didn't give tzedaka at night because nighttime is a time of judgement (see Shaar Kavanot Mincha Drush 2). However, the Chida in Petach Ayanim Bava Kama 16b rejects that positions and maintains that it is certainly a mitzvah to give tzedaka at night. Rav Chaim Palagi Haggadah p. 130 discusses this topic.
  11. ↑ Pri Megadim M"Z 566:3
  12. ↑ Kitzur S”A 34:2
  13. ↑ Kitzur S”A 34:2
  14. ↑ Kitzur S”A 34:2
  15. ↑ Kitzur S”A 34:2
  16. ↑ Kitzur S”A 34:3
  17. ↑ Rambam Peirush Hamishnayot Avot 3:15
  18. ↑ Kitzur Shulchan Aruch 34:4
  19. ↑ Kitzur Shulchan Aruch 34:8
  20. ↑ Rama Y.D. 251:1, Kitzur Shulchan Aruch 34:3. The Ran Gittin 28a s.v. kovrin understands that one should support poor non-Jews even if they're not asking together with Jewish poor people. However, the Mordechai (cited by Darkei Moshe 251:1) argues that only if the Jewish and non-Jewish poor are requesting simultaneously and it would be apparent that one wouldn't give to a non-Jew that one should give to the non-Jew as well. Shulchan Aruch Y.D. 151:12 and Shach 251:2 rule like the Ran. Gra 251:2 understands the Rama to hold like the Mordechai but personally seems to agree with the Ran.
  21. ↑ The Ran (Nedarim 65b s.v. elah) says there is an obligation to support relatives in need based on the pasuk of וחי אחיך עמך (Vayikra 25:35).
  22. ↑ Sifrei (Piska 116) infers from the pasuk that paternal relatives have precedence over maternal relatives. Bet Yosef 251:3, Taz 251:2, and Shach 251:7 codify this.
  23. ↑ Chachmat Adam 145:1 writes that giving to neighbors before other poor people of the city applies to anyone who one is friendly with and not specifically who lives in close proximity.
  24. ↑ Maharam Mintz 7 explains that relative of one's wife are a higher priority than relatives that live outside your city and are similar to poor of your city. This is cites by Maharam Ziskind 19 and Pitchei Teshuva 251:2.
  25. ↑ Chatom Sofer YD 233-234 explains that the poor of Yerushalayim have priority since it is a mitzvah to live in Yerushalayim and someone who does more mitzvot has a higher priority to collect tzedaka. Aruch Hashulchan 251:8 agrees.
  26. ↑ The Sifrei (Piska 116) understands כי יהיה בך אביון וכו' בארצך אשר ה' אלקיך נתן לך (Devarim 15:7) that it is a mitzvah to give to the poor of Eretz Yisrael before the poor outside Israel. Tur (Pirush Haaruch Devarim 15:11) derives it from ולאביונך בארצך (Devarim 15:11).
  27. ↑ Shulchan Aruch Y.D. 251:3, Kitzur Shulchan Aruch 34:6. Mechilta (Mishpatim ch. 19) learns from the pasuk את העני עמך (Shemot 22:24) that relatives come first and then poor of your city, and then the poor of another city. However, the Sifrei (Piska 116) derives this idea from the pasuk כי יהיה בך אביון מאחד אחיך באחד שעריך בארצך אשר ה' אלקיך נתן לך לא תאמץ את לבבך ולא תקפץ את ידך מאחיך האביון (Devarim 15:7) that the order of priorities in tzedaka are: paternal relatives, maternal relatives, poor people of your city, poor people of Eretz Yisrael, and then poor people of outside Israel. This is also found in Midrash Tenayim Devarim 15:7. Bet Yosef 251:3 codifies this Sifrei and quotes it from the Smag (Asin 162) and Mordechai (b"b 503).
    • See Kitzur Shulchan Aruch 34:6 who learns this idea from לאחיך לעניך ולאביונך בארצך (Devarim 15:11). Ramban, Ibn Ezra, Bechor Shor, and Chizkuni on Devarim 15:11 all espouse this interpretation.
  28. ↑ Mordechai b"b 502 cited by Darkei Moshe 251:3, Kitzur Shulchan Aruch 34:6
  29. ↑ Maharam Ziskind 19 writes that one should only give 2/3 of one's tzedaka to their relatives and the rest could be given to poor people of the city or his wife's relatives. His understanding is that when dealing with the orders of precedence of chazal, it isn't absolute that everything is given to those of highest priority, rather up to 2/3 is and the rest given to lower priorities. Badei Hashulchan questions this because the other poskim do not assume so. Chatom Sofer YD 231 writes that essentially the priorities are absolute but for relatives it is a good idea not to give all of it to relatives to learn torah but only up to half. Igrot Moshe YD 1:144 echoes this sentiment.
  30. ↑ Chatom Sofer YD 231 quoting the Haflah writes that the rule that a higher priority level deserves the tzedaka first is qualified by the rule that one should give to the poor person whose needs are greater. However, that qualification does not apply to relatives, to whom one can give even if they aren't in as great of a need as the next priority level. In responsa YD 234 he applies this to the poor of Yerushalayim and other cities in Israel. If they all need food or all need clothing, Yerushalayim has priority, however, if Yerushalayim has food but needs clothing and the poor of another city needs food, the poor who need food come first. Pitchei Teshuva 251:4 cites this. Aruch Hashulchan 251:8 agrees.
  31. ↑ Igrot Moshe YD 1:144 holds that the priority levels are absolute even if someone on a lower priority level needs it more.
  32. ↑ Pitchei Teshuva 251:3 citing Shemesh Tzedaka 19 that a talmud chacham has precedence to collect tzedaka only over others of his category, but he would not take precedence of a non-talmud chacham who lives locally in the city and the talmud chacham lives outside the city.
  33. ↑ Mishna Horiyot 3:8, Shulchan Aruch Y.D. 251:9
  34. ↑ Kitzur Shulchan Aruch 34:6
  35. ↑ Kitzur Shulchan Aruch 34:14
  36. ↑ Kitzur Shulchan Aruch 34:5
  37. ↑ Kitzur Shulchan Aruch 34:7
  38. ↑ Kitzur Shulchan Aruch 34:7
  39. ↑ Kitzur Shulchan Aruch 34:12
  40. ↑ Kitzur Shulchan Aruch 34:13. See earlier, that it is clear that one must give to a person in legitimate need
  41. ↑ Yalkut Yosef (Kitzur S”A YD 247:10)
  42. ↑ Yalkut Yosef (Kitzur S”A YD 247:10)
  43. ↑ Shulchan Aruch YD 249:1, Kitzur Shulchan Aruch 34:4
  44. ↑ Avkat Rochel 3 holds that after the first year, where one takes 1/10 of one's capital, afterwards one only takes 1/10 of the income each year after having paid for all living expenses such as food and clothing. Yachava Daat 3:76 cites many who agree with the Avkat Rochel; this is also the opinion of the Knesset Hagedola 249:1, Shoel Vnishal 2;160, Kinyan Torah 102:4, Mahari Shtif 56, Toafot Reem 91, Yismach Levav, and Tzitz Eliezer 10:6. Others including the Tashbetz 2:131, Chida (Birkei Yosef 249:5) and Bet Dino Shel Shlomo 1 51a disagree and hold that living expenses are not deducted before taking maaser. Minchat Yitzchak 6:101 is strict. Rav Ovadia Yosef (Yachava Daat 3:76) is lenient if a person is under financial pressure. Aruch Hashulchan 247:7 holds like the Chida that living expenses are not excluded. Guide to Halachos v. 1 p. 140 by Rabbi Moshe Heinemann writes that most poskim do not exclude personal expenses from maaser unlike business expenses.
    • There are different texts of Kitzur Shulchan Aruch 34:4. In the Kitzur Shulchan Aruch with Piskei Haadmor Hazakan (5752) and Kitzur Shulchan Aruch with Piskei Hagram Eliyahu (5770) it has that text of חוץ מצרכי ביתו. Sefaria also has that text. Tzitz Eliezer 10:1 cites Kitzur Shulchan Aruch with that text. In older ones, like the Vilna 5690 edition has it. However, many older ones do not have this text including the Ir Dovid edition (Leipzig 5684), Marah Makom edition (5688 New York), and Misgeret Hashulchan edition (Grosverdin 5702) do not have that text. Shaarei Shalom edition (Yerushalayim 5738) doesn't have it and in fnt. 14 notes that he is skeptical of whether the text is authentic. In the very first printing in Ungvar, from the original publication year Kitzur Shulchan Aruch (Ungvar 1864) does not have the text (Wikipedia - Kitzur Shulchan Aruch). Again in (Levov 1867) same thing, that text is not there. One of the earliest editions from 1870, 6 years after it was published, (5730 Levov p. 58) does not have it. Bar Ilan's Responsa project does not have the text.
  45. ↑ Shulchan Aruch YD 249:1, Kitzur Shulchan Aruch 34:4
  46. ↑ Ketubot 67b, Rama YD 249:1
  47. ↑ The Laws of Tzedakah and Maaser (p. 140)
  48. ↑ Kitzur Shulchan Aruch 34:4
  49. ↑ Kitzur Shulchan Aruch 34:4
  50. ↑ Kitzur Shulchan Aruch 34:4
  51. ↑ Kitzur Shulchan Aruch 34:15-16
  52. ↑ Kitzur Shulchan Aruch 34:16
  53. ↑ Kitzur Shulchan Aruch 34:16
  54. ↑ Kitzur Shulchan Aruch 34:1
  55. ↑ Kitzur Shulchan Aruch 34:1
  56. ↑ In this instance, "tzedaka" refers to acts of kindness as well, because the Kitzur Shulchan Aruch described it as one who does Tzedaka, not one who gives Tzedaka
  57. ↑ Kitzur Shulchan Aruch 34:1
  58. ↑ Kitzur Shulchan Aruch 34:1. Gemara Baba Batra 10a also says that one who gives tzedaka brings the geula closer. Gemara Shabbat 139a says that Jerusalem will only be redeemed through tzedakah
  59. ↑ Kitzur Shulchan Aruch 34:1, Mishlei 28:27
  60. ↑ Kitzur Shulchan Aruch 34:1
  61. ↑ Kitzur Shulchan Aruch 34:1
  62. ↑ Kitzur Shulchan Aruch 34:1
  63. ↑ Kitzur Shulchan Aruch 34:1
  64. ↑ Kitzur Shulchan Aruch 34:1. Mishlei 10:2 says that tzedakah saves from death.
  65. ↑ Kitzur Shulchan Aruch 34:11
  66. ↑ Kitzur Shulchan Aruch 34:11
  67. ↑ Gemara Baba Batra 9b. Gemara Chagiga 5a tells that Rabbi Yanai once saw a man give money to a poor man publicly. He said, “It would have been better for you not to have given him anything rather than giving to him as you did, causing him embarrassment.
  68. ↑ Gemara Baba Batra 10a
  69. ↑ Gemara Baba Batra 9b
  70. ↑ Gemara Ketubot 68a
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