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Charity: Difference between revisions

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==General guidelines==
==General guidelines==
# There is no bracha for the mitzvah of [[Tzedaka]]. See the footnote for different reasons suggested. <ref> 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.</ref>
# There is no bracha for the mitzvah of [[Tzedaka]]. See the footnote for different reasons suggested. <ref> 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.</ref>
# Many opinions hold that if one decided to give charity mentally without expressing it verbally, one should fulfill that decision. <ref>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. Yachava 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 [http://www.dailyhalacha.com/displayRead.asp?readID=1205 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 Yachava Daat 6:52 argues that this opinion is not implied by Shulchan Aruch. However, in another article [http://www.dailyhalacha.com/displayRead.asp?readID=2375 Rabbi Mansour] writes that we're machmir that it is binding according to the Or Letzion. </ref>
# Many opinions hold that if one decided to give charity mentally without expressing it verbally, one should fulfill that decision. <ref>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 [http://www.dailyhalacha.com/displayRead.asp?readID=1205 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 [http://www.dailyhalacha.com/displayRead.asp?readID=2375 Rabbi Mansour] writes that we're machmir that it is binding according to the Or Letzion. </ref>
# If one '''verbalizes''' this commitment, one must make good on it immediately to not violate the command "בל תאחר / do not delay" <ref> Kitzur Shulchan Aruch 34:9 </ref>. If no poor are available, one must set it aside until he finds poor people. <ref> Kitzur Shulchan Aruch 34:9 </ref>.
# If one '''verbalizes''' this commitment, one must make good on it immediately to not violate the command "בל תאחר / do not delay" <ref> Kitzur Shulchan Aruch 34:9 </ref>. If no poor are available, one must set it aside until he finds poor people. <ref> Kitzur Shulchan Aruch 34:9 </ref>.
# One should be very careful not to raise his voice against or embarrass a poor person <ref> Kitzur Shulchan Aruch 34:8 </ref>.
# One should be very careful not to raise his voice against or embarrass a poor person <ref> Kitzur Shulchan Aruch 34:8 </ref>.
# 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 <ref> http://www.ravaviner.com/2010/02/giving-tzedakah-to-beggars.html </ref>.
# 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 <ref> http://www.ravaviner.com/2010/02/giving-tzedakah-to-beggars.html </ref>.
# 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 rememberance for him; it is fitting to do this <ref> Kitzur Shulchan Aruch 34:13 </ref>.
# 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 <ref> Kitzur Shulchan Aruch 34:13 </ref>.
#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.<ref> Some learned from the Arizal that he didn't give tzedaka at night because nighttime is a time of judgement (see [https://he.wikisource.org/wiki/%D7%A9%D7%A2%D7%A8_%D7%94%D7%9B%D7%95%D7%95%D7%A0%D7%95%D7%AA/%D7%93%D7%A8%D7%95%D7%A9%D7%99_%D7%AA%D7%A4%D7%99%D7%9C%D7%AA_%D7%94%D7%9E%D7%A0%D7%97%D7%94/%D7%93%D7%A8%D7%95%D7%A9_%D7%91 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.</ref>
===Collectors of Tzedaka===
# 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.<ref>Pri Megadim M"Z 566:3</ref>


==Who is obligated to give?==
==Who is obligated to give?==
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==Maaser Kesafim==
==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. <Ref>Yalkut Yosef (Kitzur S”A YD 247:10) </ref>
'''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. <Ref>Yalkut Yosef (Kitzur S”A YD 247:10) </ref>
# 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. <Ref>Yalkut Yosef (Kitzur S”A YD 247:10) </ref>
# 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. <Ref>Yalkut Yosef (Kitzur S”A YD 247:10) </ref>
'''For Ashkenazim''':
'''For Ashkenazim''':
# The first year, one takes 1/10th of his principle. From then on, one takes 1/10th of the total of one's income minus one's living expenses. <ref> Kitzur Shulchan Aruch 34:4 </ref>.  
# The first year, one takes 1/10th of his principle. From then on, one takes 1/10th of the total of one's income minus one's living expenses. <ref> Shulchan Aruch YD 249:1, Kitzur Shulchan Aruch 34:4 </ref>.  
# That was an average measure. The choicest Mitzvah is to give 1/5th of one's income <ref> Kitzur Shulchan Aruch 34:4 </ref>.
# The standard obligation is 1/10 but the choicest Mitzvah is to give 1/5th of one's income to tzedaka. <ref> Shulchan Aruch YD 249:1, Kitzur Shulchan Aruch 34:4 </ref> One shouldn't give more than a 1/5 so that one doesn't become poor himself except before he is going to die. <ref>Ketubot 67b, Rama YD 249:1</ref>
# If someone losses money by losing it or theft it can be deducted from one's earnings of the year before calculating maaser.<ref>The Laws of Tzedakah and Maaser (p. 140)</ref>


What to do with the Ma'aser money?
What to do with the Ma'aser money?
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# Whoever gives even a small coin to a poor man receives six blessings, but whoever speaks reassuringly to him receives eleven blessings. <ref> Gemara Baba Batra 9b </ref>  
# Whoever gives even a small coin to a poor man receives six blessings, but whoever speaks reassuringly to him receives eleven blessings. <ref> Gemara Baba Batra 9b </ref>  
# If a person closes his eyes to avoid giving [any] charity, it is as if he committed idolatry. <ref> Gemara Ketubot 68a </ref>
# If a person closes his eyes to avoid giving [any] charity, it is as if he committed idolatry. <ref> Gemara Ketubot 68a </ref>
==Related Pages==
# [[Matanot_LeEvyonim]]
# [[Month_of_Nissan#Maot_Chitim]]
==Links==
* [http://dinonline.org/2010/08/12/laws-of-tzedakah-part-i-the-basic-obligation/ Laws of tzedakah Part I The Basic Obligation] on DinOnline.org
* [http://www.yutorah.org/lectures/lecture.cfm/738162/rabbi-hershel-schachter/hilchos-tzedakah/ Hilchos Tzedakah] by Rabbi Hershel Schachter


==Sources==
==Sources==
<references/>
<references/>
[[Category:Between Man And His Fellow]]
[[Category:Between Man And His Fellow]]
[[Category:Yoreh Deah]]