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 a person wrote a check for tzedaka he must carry through with his decision and give it to tzedaka.<ref>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.</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>. | ||
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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 | # The first year, one takes 1/10th of his principle. From then on, one takes 1/10th of the total of one's income.<ref> Shulchan Aruch YD 249:1, Kitzur Shulchan Aruch 34:4 </ref> Most poskim hold that you do not deduct living expenses before calculating 1/10th of one's income to be given as maaser.<ref>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. [https://www.sefaria.org/Kitzur_Shulchan_Arukh.34.4?lang=bi&with=all&lang2=en 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 [https://www.hebrewbooks.org/pdfpager.aspx?req=35716&st=&pgnum=64 Kitzur Shulchan Aruch (Ungvar 1864)] does not have the text ([https://he.wikipedia.org/wiki/%D7%A7%D7%99%D7%A6%D7%95%D7%A8_%D7%A9%D7%95%D7%9C%D7%97%D7%9F_%D7%A2%D7%A8%D7%95%D7%9A Wikipedia - Kitzur Shulchan Aruch]). Again in [https://www.nli.org.il/en/books/NNL_ALEPH001376858/NLI (Levov 1867)] same thing, that text is not there. One of the earliest editions from 1870, 6 years after it was published, [https://www.nli.org.il/en/books/NNL_ALEPH001376860/NLI (5730 Levov p. 58)] does not have it. Bar Ilan's Responsa project does not have the text.</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> | ||
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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 | # 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.<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>. | ||
