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. 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> | # 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 | # 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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==How much to give== | ==How much to give== | ||
# 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. <Ref>Kitzur S”A 34:3 </ref> | # 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. <Ref>Kitzur S”A 34:3 </ref> | ||
# It is better to give a lot of poor people a little money, then to give one poor person a lot of money. <ref> Rambam Peirush Hamishnayot Avot 3:15 </ref> | # It is better to give a lot of poor people a little money, then to give one poor person a lot of money.<ref> Rambam Peirush Hamishnayot Avot 3:15 </ref> | ||
# 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 <ref> Kitzur Shulchan Aruch 34:4 </ref>. | # 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 <ref> Kitzur Shulchan Aruch 34:4 </ref>. | ||
# 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 <ref> Kitzur Shulchan Aruch 34:8 </ref>. | # 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 <ref> Kitzur Shulchan Aruch 34:8 </ref>. | ||
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==Whom To Give To== | ==Whom To Give To== | ||
# The community should also give non-Jews food and clothing, similar to Jews, because of "Darchei Shalom" / so as to not promote poor relations with non-Jews <ref> Kitzur Shulchan Aruch 34:3 </ref>. | # The community should also give non-Jews food and clothing, similar to Jews, because of "Darchei Shalom" / so as to not promote poor relations with non-Jews <ref> Kitzur Shulchan Aruch 34:3 </ref>. | ||
# In order of preference: One should give to his poor relatives before the poor of his city, the poor of his city before the poor of a different city. <ref> Kitzur Shulchan Aruch 34:6, learned out from the verse: לאחיך לעניך ולאביונך בארצך. The Ran (Nedarim 65b s.v. elah) says there is an obligation to support relatives in need based on the pasuk of Vechay Achicha Imach (Vayikra 25:35). </ref>. However, a public charity collector must not give precedence to his relatives <ref> Kitzur Shulchan Aruch 34:6 </ref>. | # In order of preference: One should give to his poor relatives before the poor of his city, the poor of his city before the poor of a different city.<ref> Kitzur Shulchan Aruch 34:6, learned out from the verse: לאחיך לעניך ולאביונך בארצך. The Ran (Nedarim 65b s.v. elah) says there is an obligation to support relatives in need based on the pasuk of Vechay Achicha Imach (Vayikra 25:35). </ref>. However, a public charity collector must not give precedence to his relatives <ref> Kitzur Shulchan Aruch 34:6 </ref>. | ||
# It is still 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]] <ref> Kitzur Shulchan Aruch 34:6 </ref>. | # It is still 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]] <ref> Kitzur Shulchan Aruch 34:6 </ref>. | ||
# One must be especially careful to give to a poor Torah scholar. If he doesn't want to receive it, we sell him merchandise at a low price and buy it at a high price, or give him money to do business. <ref> Kitzur Shulchan Aruch 34:14 </ref>. | # One must be especially careful to give to a poor Torah scholar. If he doesn't want to receive it, we sell him merchandise at a low price and buy it at a high price, or give him money to do business.<ref> Kitzur Shulchan Aruch 34:14 </ref>. | ||
==How to Give it== | ==How to Give it== | ||
# 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. <ref> Kitzur Shulchan Aruch 34:5 </ref>. | # 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.<ref> Kitzur Shulchan Aruch 34:5 </ref>. | ||
# 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 <ref> Kitzur Shulchan Aruch 34:7 </ref>. Rather, one is obligated to give him with a nice expression, with happiness, with empathy for his plight, and with words of encouragement <ref> Kitzur Shulchan Aruch 34:7 </ref>. | # 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 <ref> Kitzur Shulchan Aruch 34:7 </ref>. Rather, one is obligated to give him with a nice expression, with happiness, with empathy for his plight, and with words of encouragement <ref> Kitzur Shulchan Aruch 34:7 </ref>. | ||
# 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 <ref> Kitzur Shulchan Aruch 34:12 </ref>. | # 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 <ref> Kitzur Shulchan Aruch 34:12 </ref>. | ||
# 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. <ref> Kitzur Shulchan Aruch 34:13. See earlier, that it is clear that one must give to a person in legitimate need </ref>. | # 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.<ref> Kitzur Shulchan Aruch 34:13. See earlier, that it is clear that one must give to a person in legitimate need </ref>. | ||
==Maaser Kesafim== | ==Maaser Kesafim== | ||
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# 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> Shulchan Aruch YD 249:1, 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>. | ||
# 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> | # 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> | # 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? | ||
# This money should go to the poor, not for some other purpose, e.g. giving candles to a shul <ref> Kitzur Shulchan Aruch 34:4 </ref>. | # This money should go to the poor, not for some other purpose, e.g. giving candles to a shul <ref> Kitzur Shulchan Aruch 34:4 </ref>. | ||
# If one had the opportunity to be a "בעל ברית" (?), help a poor bride and groom get married, and 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. <ref> Kitzur Shulchan Aruch 34:4 </ref>. | # If one had the opportunity to be a "בעל ברית" (?), help a poor bride and groom get married, and 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.<ref> Kitzur Shulchan Aruch 34:4 </ref>. | ||
# 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 <ref> Kitzur Shulchan Aruch 34:4 </ref>. | # 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 <ref> Kitzur Shulchan Aruch 34:4 </ref>. | ||
==Taking Tzedaka== | ==Taking Tzedaka== | ||
# 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. <ref>Kitzur Shulchan Aruch 34:15-16</ref> | # 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.<ref>Kitzur Shulchan Aruch 34:15-16</ref> | ||
# 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 <ref> Kitzur Shulchan Aruch 34:16 </ref>. | # 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 <ref> Kitzur Shulchan Aruch 34:16 </ref>. | ||
# A person who doesn't need to take charity and nonetheless deceives people and takes won't die before he genuinely becomes poor.<ref>Kitzur Shulchan Aruch 34:16</ref> | # A person who doesn't need to take charity and nonetheless deceives people and takes won't die before he genuinely becomes poor.<ref>Kitzur Shulchan Aruch 34:16</ref> | ||
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# 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<ref> Kitzur Shulchan Aruch 34:1 </ref>. | # 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<ref> Kitzur Shulchan Aruch 34:1 </ref>. | ||
# [[Tzedaka]] pushes aside evil decrees and adds life.<ref> Kitzur Shulchan Aruch 34:1. Mishlei 10:2 says that tzedakah saves from death. </ref> | # [[Tzedaka]] pushes aside evil decrees and adds life.<ref> Kitzur Shulchan Aruch 34:1. Mishlei 10:2 says that tzedakah saves from death. </ref> | ||
# One who convinces others to give is greater than the one who gives. <ref> Kitzur Shulchan Aruch 34:11 </ref>. | # One who convinces others to give is greater than the one who gives.<ref> Kitzur Shulchan Aruch 34:11 </ref>. | ||
# 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 <ref>Kitzur Shulchan Aruch 34:11 </ref>. | # 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 <ref>Kitzur Shulchan Aruch 34:11 </ref>. | ||
# One who gives charity in secret is greater than Moshe Rabbenu <ref>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. </ref> | # One who gives charity in secret is greater than Moshe Rabbenu <ref>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. </ref> | ||
# One who gives even a peruta to the poor merits to receive the presence of God. <ref> Gemara Baba Batra 10a </ref> | # One who gives even a peruta to the poor merits to receive the presence of God.<ref> Gemara Baba Batra 10a </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> | # 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== | ==Related Pages== | ||
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<references/> | <references/> | ||
[[Category:Between Man And His Fellow]] | [[Category:Between Man And His Fellow]] | ||
[[Category:Yoreh Deah]] | |||
