Charity: Difference between revisions
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==General Guidelines== | ==General Guidelines== | ||
===Who is Obligated to Give?=== | |||
# The mitzvah of tzedaka applies to men and women equally.<Ref>Sefer Hachinuch 479, Laws of Tzedakah and Maaser p. 27</ref> | # The mitzvah of tzedaka applies to men and women equally.<Ref>Sefer Hachinuch 479, Laws of Tzedakah and Maaser p. 27</ref> | ||
# Children should be trained to give tzedaka from the age of chinuch, which is around 5 or 6, if he has his own money.<ref>Laws of Tzedakah and Maaser p. 32</ref> | # Children should be trained to give tzedaka from the age of chinuch, which is around 5 or 6, if he has his own money.<ref>Laws of Tzedakah and Maaser p. 32</ref> | ||
# Someone who is poor nonetheless has an obligation to give a minimal amount of tzedaka.<ref>Based on Gittin 7b the Shulchan Aruch Y.D. 248:1 writes that even a poor person needs to give tzedaka. Shach 248:2 writes that this only refers to someone who has income to support himself but doesn't have capital to himself, however, someone who doesn't even have a steady income is completely exempt from tzedaka. However, the Nachlat Tzvi 248:1 disagrees and holds that every poor person needs to give a minimal amount of a third of a shekel. The poor person is not exempt from that; he is exempt from giving more tzedaka if he doesn't have an income. Laws of Tzedakah and Maaser p. 33 agrees. See Shevet Halevi 5:132:2 and Igrot Moshe YD 2:113 s.v. ach.</ref> | # Someone who is poor nonetheless has an obligation to give a minimal amount of tzedaka.<ref>Based on Gittin 7b the Shulchan Aruch Y.D. 248:1 writes that even a poor person needs to give tzedaka. Shach 248:2 writes that this only refers to someone who has income to support himself but doesn't have capital to himself, however, someone who doesn't even have a steady income is completely exempt from tzedaka. However, the Nachlat Tzvi 248:1 disagrees and holds that every poor person needs to give a minimal amount of a third of a shekel. The poor person is not exempt from that; he is exempt from giving more tzedaka if he doesn't have an income. Laws of Tzedakah and Maaser p. 33 agrees. See Shevet Halevi 5:132:2 and Igrot Moshe YD 2:113 s.v. ach.</ref> | ||
# 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. <Ref>Kitzur S”A 34:2 </ref>. This is because he has a way of making a livelihood--namely, collecting [[Tzedaka]]--which won't be hampered by his giving [[Tzedaka]] <ref>Kitzur S”A 34:2 </ref>. | |||
# 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 <ref> Kitzur S”A 34:2 </ref>. | |||
# Someone who only has enough for his livelihood isn't obligated to give, since his livelihood takes precedence to others <ref> Kitzur S”A 34:2 </ref>. | |||
===Bracha=== | |||
# There is no bracha recited for performing 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> | |||
===Fulfilling One's Intentions=== | |||
# 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 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>. | ||
===How to Give=== | |||
# 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>. | ||
===Giving on Numerous Occassions=== | |||
# 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> | |||
===Discovered Recipient was Fraud=== | |||
# 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>. | ||
===Accepting Honor for Tzedaka=== | |||
# 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>. | # 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>. | ||
===Time for Tzedaka=== | ===Time for Tzedaka=== | ||
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====Davening==== | ====Davening==== | ||
#When a person is saying birchot kriyat shema or shema and a poor person asks for tzedaka, he shouldn't interrupt to give him, yet the minhag is to be lenient even for birchot kriyat shema to give the tzedaka. However, if he's in the middle of pesukei dzimra he is exempt but can give the tzedaka if he wants to.<ref>Teshuvot Vehanhagot 3:287</ref> | #When a person is saying birchot kriyat shema or shema and a poor person asks for tzedaka, he shouldn't interrupt to give him, yet the minhag is to be lenient even for birchot kriyat shema to give the tzedaka. However, if he's in the middle of pesukei dzimra he is exempt but can give the tzedaka if he wants to.<ref>Teshuvot Vehanhagot 3:287</ref> | ||
# | # Someone collecting tzedaka may 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 Chazarat Hashatz or Kriyat Hatorah.<ref>Pri Megadim M"Z 566:3, Mishna Brurah 92:36</ref> | ||
====Before Death==== | ====Before Death==== | ||
#If someone in their last will and testament specified giving tzedaka and then after they pass away a relative becomes poor the money can't be given specifically to that relative since the money belongs to all of the poor people of the city.<ref>Rama YD 251:5 writes that before the money gets to the gabbay it can be reapportioned to the relative only if the relative was poor at the time when the person passed away. Panim Meirot 1:103 implies otherwise as he writes that if the money didn't yet go into the hands of the gabbay it can be given to the relative.</ref> | #If someone in their last will and testament specified giving tzedaka and then after they pass away a relative becomes poor the money can't be given specifically to that relative since the money belongs to all of the poor people of the city.<ref>Rama YD 251:5 writes that before the money gets to the gabbay it can be reapportioned to the relative only if the relative was poor at the time when the person passed away. Panim Meirot 1:103 implies otherwise as he writes that if the money didn't yet go into the hands of the gabbay it can be given to the relative.</ref> | ||
# It is permitted to give more than 20% of one's wealth to tzedaka in one's last will and testament.<Ref>Ketubot 67b, Rama Y.D. 249:1</ref> Some say that one shouldn't give away more than a third of one's money to tzedaka in the will.<ref>Rabbi Akiva Eiger 249:1 citing the Shiltot</ref> Others disagree as long as one leave a significant amount to each child as inheritance.<ref>Igrot Moshe CM 2:50:2 writes that it is permitted to give away as much as one wants to in the last will and testament besides a significant sum that one leaves to each child so that one doesn't nullify the Torah's mitzvah of inheritance. In 1966 he wrote that giving 1000 per child is considered significant. However, in the previous teshuva, CM 2:49, written in 1979, he says that leaving 20% of the estate to the inheritors is considered a significant amount. | # It is permitted to give more than 20% of one's wealth to tzedaka in one's last will and testament.<Ref>Ketubot 67b, Rama Y.D. 249:1</ref> Some say that one shouldn't give away more than a third of one's money to tzedaka in the will.<ref>Rabbi Akiva Eiger 249:1 citing the Shiltot, Kitzur Shulchan Aruch 34:4</ref> Others disagree as long as one leave a significant amount to each child as inheritance.<ref>Igrot Moshe CM 2:50:2 writes that it is permitted to give away as much as one wants to in the last will and testament besides a significant sum that one leaves to each child so that one doesn't nullify the Torah's mitzvah of inheritance. In 1966 he wrote that giving 1000 per child is considered significant. However, in the previous teshuva, CM 2:49, written in 1979, he says that leaving 20% of the estate to the inheritors is considered a significant amount. </ref> | ||
==Prohibitions of Tzedaka== | ==Prohibitions of Tzedaka== | ||
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# If someone can afford to give ten percent to tzedaka and doesn’t give a poor person asking is in violation of לא תאמץ לבבך and לא תקפץ ידך.<ref>Chafetz Chaim (Ahavat Chesed 2:19:4 in fnt. s.v. uma)</ref> Some say that one only violates those prohibitions if they see a poor person asking for tzedaka.<ref>Mahari Kurkus (Matanot Aniyim 7:2), Rashba Shevuot 25a. However, the Rishon Letzion 247:1 holds like the Rambam (Sefer Hamitzvot Lavin 232) that the prohibitions apply even if one just knows about the poor person.</ref> | # If someone can afford to give ten percent to tzedaka and doesn’t give a poor person asking is in violation of לא תאמץ לבבך and לא תקפץ ידך.<ref>Chafetz Chaim (Ahavat Chesed 2:19:4 in fnt. s.v. uma)</ref> Some say that one only violates those prohibitions if they see a poor person asking for tzedaka.<ref>Mahari Kurkus (Matanot Aniyim 7:2), Rashba Shevuot 25a. However, the Rishon Letzion 247:1 holds like the Rambam (Sefer Hamitzvot Lavin 232) that the prohibitions apply even if one just knows about the poor person.</ref> | ||
== | ==How Much to Give== | ||
===Knocking on the Doors=== | |||
# 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> | |||
# An individual who is requested for tzedaka by someone poor, if the poor person is going around to many people to collect whether at their houses or in shul, an individual does not have to give more than a small amount that is less than the value of a meal.<ref>Bava Batra 9a establishes that a poor person collecting from many people in the community is only entitled to a small gift. The Tur 250:3 explains that the Rosh understands that this only applies to the communal fund but everyone else doesn't even have to give that amount. However, the Tur concludes like the Rambam that everyone needs to give that amount. Bet Yosef explains that even the Rambam agrees with the Rosh. Bach 250:2 accepts the Tur and Rambam that it applies to everyone. Shach 250:4 and Badei Hashulchan 250:29 agree. Bet Yosef 250:3 sides with the opinion of Tosfot and Rosh that a large amount is a mealsworth, so a small amount is less than that.</ref> In fact it is sufficient to give any amount that the poor person would consider to have some significance.<ref>Badei Hashulchan 250:28</ref> | |||
# It is wrong to stop poor people from collecting by knocking at doors.<ref>Badei Hashulchan 250:30 citing Ahavat Chesed 2:17 fnt. s.v. vchadashim</ref> | |||
== | ===Not Turning Away a Poor Person Empty-Handed=== | ||
# 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> | |||
# | |||
# | |||
===Not Turning Away a Poor Person | |||
# One is forbidden to turn away a beggar empty-handed, even if one only gives him a very small amount of money.<ref>Derech Emunah 7:5 understands that one should give something even if it is as small as a fig implies that it can be even less than a pruta.</ref> If one doesn't have any money, one should comfort him with words.<ref> Kitzur Shulchan Aruch 34:8 </ref> Therefore, a should budget himself not to give out all of his tzedaka at once so that he has a little bit of tzedaka available throughout the year.<ref>Laws of Tzedakah and Maaser p. 12</ref> | # One is forbidden to turn away a beggar empty-handed, even if one only gives him a very small amount of money.<ref>Derech Emunah 7:5 understands that one should give something even if it is as small as a fig implies that it can be even less than a pruta.</ref> If one doesn't have any money, one should comfort him with words.<ref> Kitzur Shulchan Aruch 34:8 </ref> Therefore, a should budget himself not to give out all of his tzedaka at once so that he has a little bit of tzedaka available throughout the year.<ref>Laws of Tzedakah and Maaser p. 12</ref> | ||
==Whom To Give To== | ==Whom To Give To== | ||
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# 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>. | ||
==How Much Should a Person Give?== | |||
# The standard amount of tzedaka reccomended by the Rabbis is to give 10% of one's income. One who gives more up to 20% is considered very generous and someone who gives less than 10% is not fulfilling the mitzvah of tzedaka in the ideal way, though he still fulfills a basic mitzvah as long as he gives 1/3 of a shekel.<ref> Shulchan Aruch Y.D. 249:1, Kitzur Shulchan Aruch 34:4 </ref> | |||
===Third of a Shekel=== | |||
# A minimal amount of tzedaka that one must give annually is a third of a shekel.<ref>Bava Batra 9a, Rambam (Matanot Laniyim 7:5), Yereyim 167, Smag (Asin 162), Geonim (responsa Geonei Mizrach Umarav 40). Derech Emunah (Matanot Aniyim 7:1 s.v. mitzvah aseh) isn't sure if tzedaka is fulfilled with less than a pruta, and even if it isn't not leaving a poor person empty handed it is enough to give even less than a pruta.</ref> | |||
# Today, a third of a shekel is equivalent to 4.67 grams of silver, which is roughly $3.75.<Ref>Laws of Tzedakah and Maaser p. 8</ref> | |||
# If someone gives less than a third of a shekel doesn't fulfill his mitzvah of tzedakah at all.<ref>Shulchan Aruch Y.D. 250:2</ref> | |||
===Less than a Pruta=== | |||
# There is a mitzvah tzedaka even if one gives less than a pruta each time as long as it adds up over time to minimally a third of a shekel a year. A pruta is 1/40 of a gram of silver, so roughly 2 cents.<ref>Laws of Tzedakah and Maaser p. 8. See Derech Emunah 7:1 who is unsure about whether tzedaka is fulfilled with less than a pruta.</ref> | |||
==Maaser Kesafim== | ==Maaser Kesafim== | ||
#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> | |||
# 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> | # 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> | ||
# | ===Someone Who Can't Afford to Give Maaser=== | ||
#If someone doesn’t make enough to support his family expenses is exempt from maaser.<Ref>Igrot Moshe YD 2:113</ref> | |||
# If one has financial difficulty, for Sephardim, 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> | |||
===Deductions=== | ===Deductions=== | ||
====Losses or Theft==== | ====Losses or Theft==== | ||
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* 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. | * 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. | ||
* The Birkei Yosef 249:5 writes that even though it seems that the Avkat Rochel 3 said that you exclude household expenses, he interprets it to mean that you have to include the household expenses. Aruch Hashulchan 249:7, Ahavat Chesed 2:18:3, and Badei Hashulchan 249:5 also conclude that you need to take off maaser kesafim from household expenses and they are not deducted. | * The Birkei Yosef 249:5 writes that even though it seems that the Avkat Rochel 3 said that you exclude household expenses, he interprets it to mean that you have to include the household expenses. Aruch Hashulchan 249:7, Ahavat Chesed 2:18:3, and Badei Hashulchan 249:5 also conclude that you need to take off maaser kesafim from household expenses and they are not deducted. | ||
* [https://www.hebrewbooks.org/pdfpager.aspx?req=22065&st=&pgnum=246 Kinyan Torah 1:102:4] quoting Rav Yakov Shor from Kitov and Mahari Shtif 1:56 agree with the Avkat Rochel. Mahari Shtif writes that if one can't afford | * [https://www.hebrewbooks.org/pdfpager.aspx?req=22065&st=&pgnum=246 Kinyan Torah 1:102:4] quoting Rav Yakov Shor from Kitov and Mahari Shtif 1:56 agree with the Avkat Rochel. Mahari Shtif writes that if one can't afford giving all the maaser he should write down how much maaser he owes excluding the expenses and then use it for his expenses first and give the complete maaser later on if he's able to afford it in the future. [https://hebrewbooks.org/pdfpager.aspx?req=1766&st=&pgnum=192 Maharam Broda responsa 14] also seems to be lenient. Tzitz Eliezer 10:6 writes that if one wants to accept to give maaser only from profit after household expenses they can do that. Yabia Omer YD 10:58:29 cites many who are lenient. Yalkut Yosef YD 247:10 rules that if someone can afford it they should give maaser kesafim on all profits and not include household expenses, however, if they can't afford it he should stipulate that he's only going to give maaser kesafim after he deducts all household expenses. | ||
* Laws of Tzedakah and Maaser p. 150 writes that most poskim do not allow deducting household expenses. He quotes Rav Shlomo Zalman Auerbach (Kovetz Hatorah v. 39 p. 91), Shevet Halevi 5:133, and Minchat Yitzchak 5:34:3 who are strict. He also notes that the editions of Kitzur Shulchan Aruch that say to deduct household expenses are an error. Igrot Moshe YD 1:143 seems to be strict as well.</ref> | * Laws of Tzedakah and Maaser p. 150 writes that most poskim do not allow deducting household expenses. He quotes Rav Shlomo Zalman Auerbach (Kovetz Hatorah v. 39 p. 91), Shevet Halevi 5:133, and Minchat Yitzchak 5:34:3 who are strict. He also notes that the editions of Kitzur Shulchan Aruch that say to deduct household expenses are an error. Igrot Moshe YD 1:143 seems to be strict as well.</ref> | ||
#If he can’t afford to give maaser kesafim after his household expenses, he is not obligated to give the full amount of maaser.<Ref>Laws of Tzedakah and Maaser p. 150</ref> | #If he can’t afford to give maaser kesafim after his household expenses, he is not obligated to give the full amount of maaser.<Ref>Laws of Tzedakah and Maaser p. 150</ref> | ||
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====Property Gains==== | ====Property Gains==== | ||
#Some say that if one gained from real estate one can deduct the part of the increase that is attributed to inflation. For this inflation should be calculated according to the price of basic foods.<ref>Igrot Moshe YD 2:114 holds that since the dollar fluctuates it isn’t considered a gain if one sold a property and part of the gain is attributed to inflation.</ref> | #Some say that if one gained from real estate one can deduct the part of the increase that is attributed to inflation. For this inflation should be calculated according to the price of basic foods.<ref>Igrot Moshe YD 2:114 holds that since the dollar fluctuates it isn’t considered a gain if one sold a property and part of the gain is attributed to inflation.</ref> | ||
==More than 20%== | |||
#Generally it is forbidden to give more than a fifth of one's income so that one doesn't become poor except before one dies when that isn't a concern.<ref>Ketubot 67b, Rama Y.D. 249:1</ref> | |||
#If someone can afford giving 20% of their income to tzedaka and there is a poor person who needs that money, some say that there is an obligation to give them,<ref>Chafetz Chaim (Ahavat Chesed 2:19:4) rules like the Rambam Pirush Mishanyot Peah 1:1 and explains how it isn’t in contradiction to Rambam (Matanot Aniyim 7:5) and Shulchan Aruch YD 249:1. His answer is that when there's a poor person in front of you in need there's an obligation to give even if it is more than 20% if you can afford it.</ref> while many others hold that there is no obligation but it is certainly an act of piety.<Ref>Birkei Yosef 249:1 explains the Pirush Mishnayot like the Chafetz Chaim but holds like the Rambam in the Mishna Torah and Shulchan Aruch that it is only an act of piety to give 20% and not an obligation even if a poor person comes asking. Laws of Tzedakah and Maaser p. 11 cites this dispute between the Chafetz Chaim and Birkei Yosef and concludes one should ask one's local Rav.</ref> | |||
#If someone can afford to give a poor person whatever he is lacking he should do so. If that would be in excess of 20% of his money, he does not have to give it, but if he could afford it comfortably it would be a pious act to do so.<ref>Chafetz Chaim (Ahavat Chesed 2:19:4 fnt. s.v. vyaan) explains the Rambam Pirush Mishnayot Peah 1:1 holds that it is an obligation to give up to 20% if one can afford it and not above that. Based on a halacha lmoshe msinai chazal instituted that a person can’t give more than 20% of their wealth for a mitzvah so that he doesn’t become poor. Even so it is a pious act to give more than 20% if one can afford it comfortably. Though he later notes that it sounds like the Rambam in Mishna Torah (Matanot Aniyim 7:5) and Shulchan Aruch 249:1 imply that one should give even more than a fifth. | |||
* Rav Moshe Feinstein (Igrot Moshe YD 1:143) understands that Shulchan Aruch YD 249:1 requires giving more than 20% if he can afford it and there is a poor person’s whose is in need of that money. However, he concludes that the Rama holds that generally it is forbidden to give more than 20% to tzedaka and rules in accordance with the Rama. | |||
* Minchat Yitzchak 5:34, however, argues with Igrot Moshe and holds that it is permitted to give above 20% for someone who can afford it.</ref> | |||
#Some hold it is an obligation to give more than 20% if you can afford it and there are poor people who need it,<ref>Shevet Halevi 2:121</ref> some hold that it is permitted but not obligatory.<Ref>Minchat Yitzchak 5:34:2</ref>, and some that it is forbidden.<ref>Igrot Moshe YD 1:143. Shevet Halevi explains that the reason that it is permitted to give more than 20% is because there is a poor person who is requesting it. That obligation to give him his needs allows giving more than 20% if he can afford it. He thinks that there’s is a prohibition even for someone very wealthy except that it is permitted when there is a pressing tzedaka need, in which case it is an obligation. | |||
* However, the Yavetz 1:3 vamnam and Ahavat Chesed 20:1 hold that it is permitted for someone very wealthy to give more than 20% even for non-tzedaka needs such as for mitzvot. The reason of not spending more than 20% doesn’t apply to someone very wealthy. Chachmat Adam 144:10 implies this as well but Shevet Halevi believes Chachmat Adam holds it is only permitted when there is a pressing tzedaka need.</ref> | |||
#Most poskim hold that someone very wealthy can give more than 20%.<ref> Chachmat Adam 144:10, Yavetz 1:3, and Ahavat Chesed 20:1 permit it, Aruch Hashulchan, Igrot Moshe YD 1:143, and Shevet Halevi 2:121 hold it is forbidden. Nonetheless, the Shevet Halevi holds that for a poor person who needs it immediately it is permitted and obligatory to give even more than 20%. Yavetz 1:3 holds that it is permitted to give more than a fifth is there is a present tzedaka need. Minchat Yitzchak 5:34 agrees. Aruch Hashulchan 247:4 holds that it is forbidden to give more than 20% even if there is a poor person in need of tzedaka requesting from him tzedaka.</ref> | |||
# Some hold that it is permitted to give more than 20% of one's wealth if one has a steady income.<ref>Biur Halacha 626 s.v. afilu writes that if someone has a steady income he can give more than 20% for a mitzvah because there isn’t a concern that he’s going to become poor. His proof is Kiddushin 29b that for pidyon haben it is permitted to spend more than 20%. He reiterates this in Ahavat Chesed 20:3. Shevet Halevi 4:64 seems to agree. | |||
* Igrot Moshe OC 5:41 argues that it is forbidden even if he has a steady income and pidyon haben is different since the mitzvah itself is giving the cash. However, other mitzvot for which the cash itself isn’t the object used for the mitzvah, there is a 20% cap on trying to acquire the mitzvah. Also, Chazon Ish OC 149:3 answers that pidyon haben is different since there’s an obligation on one’s property to pay for pidyon haben.</ref> | |||
==Taking Tzedaka== | ==Taking Tzedaka== | ||
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== Statements of Chazal about Tzedaka== | == Statements of Chazal about Tzedaka== | ||
# [[Tzedaka]] is a trait that characterizes the descendants of Avrohom Avinu <ref> Kitzur Shulchan Aruch 34:1 </ref> | # [[Tzedaka]] is a trait that characterizes the descendants of Avrohom Avinu.<ref> Kitzur Shulchan Aruch 34:1 </ref> | ||
# The Jewish religion isn't stable without charity <ref> Kitzur Shulchan Aruch 34:1 </ref> | # The Jewish religion isn't stable without charity.<ref> Kitzur Shulchan Aruch 34:1 </ref> | ||
# The one who does [[Tzedaka]] <ref> 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]] </ref> is better than all the Korbanos <ref> Kitzur Shulchan Aruch 34:1 </ref>. | # The one who does [[Tzedaka]] <ref> 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]]</ref> is better than all the Korbanos <ref> Kitzur Shulchan Aruch 34:1 </ref>. | ||
# [[Israel]] will only be redeemed through [[Tzedaka]] <ref> 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 </ref> | # [[Israel]] will only be redeemed through [[Tzedaka]]<ref> 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. </ref> | ||
# No one ever becomes poor out of giving [[Tzedaka]], and no bad thing nor damage comes from [[Tzedaka]] <ref> Kitzur Shulchan Aruch 34:1, Mishlei 28:27 </ref> | # No one ever becomes poor out of giving [[Tzedaka]], and no bad thing nor damage comes from [[Tzedaka]].<ref> Kitzur Shulchan Aruch 34:1, Mishlei 28:27 </ref> | ||
# If one has mercy, Hashem will be merciful to him <ref> Kitzur Shulchan Aruch 34:1 </ref> | # If one has mercy, Hashem will be merciful to him.<ref> Kitzur Shulchan Aruch 34:1 </ref> | ||
# Hashem is close to the poor, so one must be careful to hear their cries <ref> Kitzur Shulchan Aruch 34:1 </ref> | # Hashem is close to the poor, so one must be careful to hear their cries.<ref> Kitzur Shulchan Aruch 34:1 </ref> | ||
# 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 <ref> Kitzur Shulchan Aruch 34:1 </ref> | # 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.<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> | # 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>. | ||
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* Another explanation is that testing Hashem is problematic because if one’s test isn’t fulfilled one might question Him, but for tzedaka there is a certain protective power that it will not lead to questioning Him.<ref>Badei Hashulchan (247:1 Biurim)</ref> | * Another explanation is that testing Hashem is problematic because if one’s test isn’t fulfilled one might question Him, but for tzedaka there is a certain protective power that it will not lead to questioning Him.<ref>Badei Hashulchan (247:1 Biurim)</ref> | ||
==Taking Tzedaka from Non-Jews== | ==Taking Tzedaka from Non-Jews== | ||
# A non-Jew who volunteers to do mitzvot according to many opinions is rewarded. However, they may not observe mitzvot as an obligation because doing so is considered creating a new religion.<ref>The Rambam Melachim 10:10 writes that a non-Jew who wants to fulfill mitzvot and receive reward we shouldn't stop him. On the other hand, in 10:9 he writes that we shouldn't let him do a mitzvah that he isn't obligated in because he is creating a non-religion in doing so. He should either convert or only keep the 7 mitzvot of bnei noach. The Radvaz explains that the distinction is whether he intends to create a new religion. If he just does a mitzvah voluntarily not intending that it is an obligation that is acceptable, while if he is does it with the intention of being a commandment he should be stopped. While it seems from the Rambam and Radvaz that the non-Jew is rewarded for doing a mitzvah voluntarily it isn’t absolutely clear. It is possible that the non-Jew is doing the mitzvah voluntarily to get rewarded but isn’t actually going to be rewarded. That is the position of Rav Moshe Feinstein in Igrot Moshe YD 2:7. | # A non-Jew who volunteers to do mitzvot according to many opinions is rewarded. However, they may not observe mitzvot as an obligation because doing so is considered creating a new religion.<ref>The Rambam Melachim 10:10 writes that a non-Jew who wants to fulfill mitzvot and receive reward we shouldn't stop him. On the other hand, in 10:9 he writes that we shouldn't let him do a mitzvah that he isn't obligated in because he is creating a non-religion in doing so. He should either convert or only keep the 7 mitzvot of bnei noach. The Radvaz explains that the distinction is whether he intends to create a new religion. If he just does a mitzvah voluntarily not intending that it is an obligation that is acceptable, while if he is does it with the intention of being a commandment he should be stopped. While it seems from the Rambam and Radvaz that the non-Jew is rewarded for doing a mitzvah voluntarily it isn’t absolutely clear. It is possible that the non-Jew is doing the mitzvah voluntarily to get rewarded but isn’t actually going to be rewarded. That is the position of Rav Moshe Feinstein in Igrot Moshe YD 2:7. | ||
* However, in light of the Rambam responsa 148 (Blau, Pear Hadur 60) it seems clear that the Rambam holds that a non-Jew who does a mitzvah voluntarily is indeed rewarded. He seems to apply it to all the mitzvot. The Meiri Sanhedrin 59a s.v. ben also says this, but Igrot Moshe YD 2:7 writes that it is a scribal error. The other proofs against Igrot Moshe like Pirush Mishnayot of Rambam Trumot 3:9 are dealt with in that teshuva.</ref> | * However, in light of the Rambam responsa 148 (Blau, Pear Hadur 60) it seems clear that the Rambam holds that a non-Jew who does a mitzvah voluntarily is indeed rewarded. He seems to apply it to all the mitzvot. The Meiri Sanhedrin 59a s.v. ben also says this, but Igrot Moshe YD 2:7 writes that it is a scribal error. The other proofs against Igrot Moshe like Pirush Mishnayot of Rambam Trumot 3:9 are dealt with in that teshuva.</ref> | ||
#It is forbidden for a Jew to take tzedaka from a non-Jew in public. If he can't live without the tzedaka and can’t take it in private, he may take it even in public.<ref>Rambam (Matanot Aniyim 8:9), Shulchan Aruch Y.D. 254:1. The Gemara Bava Batra 10b states that it is forbidden to take tzedaka from non-Jews because it gives them merits. The Derisha asks why there isn't a concern of giving merits to a non-Jew when accepting charity from them if he needs it. The Derisha answers that if one is personally benefitting from the tzedaka it is permitted. The Taz 254:1 says that it isn't a merit for the non-Jew if he isn't intending on giving Jew's charity but just gives generously to everyone who is poor. The Rishon Letzion 254:2 says that one can only take money if one can't subsist without it, and in such a case the need for the funds overrides the concern of giving the non-Jew merits. Rav Moshe in Igrot Moshe YD 2:7 writes that non-Jews don’t get any reward for volunteering mitzvot if it isn’t the 7 mitzvot bnei noach, tzedaka, korbanot, speaking respectfully, or honoring Hashem.</ref> | |||
#It is forbidden for a Jew to take tzedaka from a non-Jew in public. If he can't live without the tzedaka and can’t take it in private, he may take it even in public.<ref>Rambam (Matanot Aniyim 8:9), Shulchan Aruch Y.D. 254:1. The Derisha asks why there isn't a concern of giving merits to a non-Jew when accepting | |||
#A non-Jewish leader or politician who sent a Jew money to be given as charity can be accepted but should be discreetly given to non-Jewish poor people and not to Jewish poor people.<ref>Shulchan Aruch Y.D. 254:2. The mother of the king sent tzedaka money to Rava and he distributed it to non-Jewish poor people. He wouldn't give it to Jewish poor because of a prohibition learned from Yishayahu 27:11. | #A non-Jewish leader or politician who sent a Jew money to be given as charity can be accepted but should be discreetly given to non-Jewish poor people and not to Jewish poor people.<ref>Shulchan Aruch Y.D. 254:2. The mother of the king sent tzedaka money to Rava and he distributed it to non-Jewish poor people. He wouldn't give it to Jewish poor because of a prohibition learned from Yishayahu 27:11. | ||
* Even giving the charity to non-Jewish poor people is only permitted because the mother of the king was important and in order to appease the king he had to accept the money. This is the position of Rashi b"b 11a s.v. dlo, Tosfot b"b 8a s.v. yativ, and Rambam (Matanot Laniyim 8:9) as understood by Radvaz (Matanot Laniyim 8:9) and Kesef Mishna (Melachim 10:10). Rishon Letzion 254:2 in his first answer and Kovetz Shiurim explains that even giving to non-Jewish poor people is some merit and that is why it is only permitted to facilitate if it is to appease the king. Rishon Letzion writes in his second answer that it is permitted to take from any non-Jew. Radvaz (Melachim 10:10) seems to agree because of concern that refusing to take it will lead to ill-will between Jews and non-Jews. Lechem Mishna (Melachim 10:10) seems to limit the permissibility of taking from non-Jews to kings or leaders. | * Even giving the charity to non-Jewish poor people is only permitted because the mother of the king was important and in order to appease the king he had to accept the money. This is the position of Rashi b"b 11a s.v. dlo, Tosfot b"b 8a s.v. yativ, and Rambam (Matanot Laniyim 8:9) as understood by Radvaz (Matanot Laniyim 8:9) and Kesef Mishna (Melachim 10:10). Rishon Letzion 254:2 in his first answer and Kovetz Shiurim explains that even giving to non-Jewish poor people is some merit and that is why it is only permitted to facilitate if it is to appease the king. Rishon Letzion writes in his second answer that it is permitted to take from any non-Jew. Radvaz (Melachim 10:10) seems to agree because of concern that refusing to take it will lead to ill-will between Jews and non-Jews. Lechem Mishna (Melachim 10:10) seems to limit the permissibility of taking from non-Jews to kings or leaders. | ||
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#It is permitted to accept a gift from a non-Jew.<ref>Yad Ramah b”b 10b n. 132 based on the stories of Daniel (Daniel 2:48) and Yirmiyahu (39:10) accepting gifts from non-Jews. Another proof is where Rebbe Yehuda Nesia (a"z 6b) would have accepted a gift from a non-Jew except for a concern of avoda zara. Derech Emunah (Matanot Aniyim 8:57) codifies this Yad Ramah.</ref> | #It is permitted to accept a gift from a non-Jew.<ref>Yad Ramah b”b 10b n. 132 based on the stories of Daniel (Daniel 2:48) and Yirmiyahu (39:10) accepting gifts from non-Jews. Another proof is where Rebbe Yehuda Nesia (a"z 6b) would have accepted a gift from a non-Jew except for a concern of avoda zara. Derech Emunah (Matanot Aniyim 8:57) codifies this Yad Ramah.</ref> | ||
#If he can subsist without charity from non-Jews he may not take the charity even in private.<ref>Bet Hillel 254:1, Rishon Letzion 254:1, Aruch Hashulchan 254:1. Rishon Letzion explains that even taking in private is a chilul Hashem or it is extending the merits of the non-Jew and only permitted if impossible otherwise.</ref> | #If he can subsist without charity from non-Jews he may not take the charity even in private.<ref>Bet Hillel 254:1, Rishon Letzion 254:1, Aruch Hashulchan 254:1. Rishon Letzion explains that even taking in private is a chilul Hashem or it is extending the merits of the non-Jew and only permitted if impossible otherwise.</ref> | ||
==Redesignating Earmarked Tzedaka Funds== | ==Redesignating Earmarked Tzedaka Funds== | ||
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# It is permitted for the community as a whole to change how money fundraised as communal tzedaka should be spent. They can change it even for non-mitzvah purposes as long as it is for communal needs.<ref>Tosfot b”b 8b s.v. vlishnota quoting Rabbenu Tam, Tosfot Erchin 6b s.v. ad quoting the Ri, Rosh b”b 1:29, Mordechai b”b 1:492, Rambam (Matanot Aniyim 9:7 and responsa Blau n. 206). Ri in Mordechai and Radvaz (Matanot Aniyim 9:7) explains that the community can redistribute it because it was given with that understanding (‘’lev bet din matneh’’). Rabbenu Yonah 8b and Ramban 8b hold that it can be switched for any purpose but must be repaid to the charity fund. Rashba and Ritva also quote this opinion.</ref> Others hold that it can’t be changed to be used for anything besides a mitzvah.<ref>Tosfot Erchin 6a s.v. mishe’bat</ref> Lastly, some hold it can’t be changed at all to non-tzedaka needs.<ref>Ri Migash 8b, Yad Ramah b”b 8b n. 90</ref> The halacha follows the first opinion.<ref>Shulchan Aruch Y.D. 256:4 codifies the Rambam.</ref> | # It is permitted for the community as a whole to change how money fundraised as communal tzedaka should be spent. They can change it even for non-mitzvah purposes as long as it is for communal needs.<ref>Tosfot b”b 8b s.v. vlishnota quoting Rabbenu Tam, Tosfot Erchin 6b s.v. ad quoting the Ri, Rosh b”b 1:29, Mordechai b”b 1:492, Rambam (Matanot Aniyim 9:7 and responsa Blau n. 206). Ri in Mordechai and Radvaz (Matanot Aniyim 9:7) explains that the community can redistribute it because it was given with that understanding (‘’lev bet din matneh’’). Rabbenu Yonah 8b and Ramban 8b hold that it can be switched for any purpose but must be repaid to the charity fund. Rashba and Ritva also quote this opinion.</ref> Others hold that it can’t be changed to be used for anything besides a mitzvah.<ref>Tosfot Erchin 6a s.v. mishe’bat</ref> Lastly, some hold it can’t be changed at all to non-tzedaka needs.<ref>Ri Migash 8b, Yad Ramah b”b 8b n. 90</ref> The halacha follows the first opinion.<ref>Shulchan Aruch Y.D. 256:4 codifies the Rambam.</ref> | ||
# A gabbay appointed by a community is assumed to have the implicit authorization to change communal charity money to other communal needs.<ref>Rama Y.D. 256:4. Shach 256:8 ponders how this is true in light of the fact that the Gemara Erchin 6b clearly only allows a gabbay tzedaka to redistribute charity funds for a mitzvah but not for any communal need. This is also evident in Tosfot b"b 8b s.v. lishnota and Rosh b"b 1:27. The Shach suggests that the Rama means that if the practice is that the gabbay distributes the money he is given authorization by the community that he can act on behalf of the community. Gra 256:9 questions the Rama but also supports him from the Yerushalmi (Megillah 3:1). </ref> | # A gabbay appointed by a community is assumed to have the implicit authorization to change communal charity money to other communal needs.<ref>Rama Y.D. 256:4. Shach 256:8 ponders how this is true in light of the fact that the Gemara Erchin 6b clearly only allows a gabbay tzedaka to redistribute charity funds for a mitzvah but not for any communal need. This is also evident in Tosfot b"b 8b s.v. lishnota and Rosh b"b 1:27. The Shach suggests that the Rama means that if the practice is that the gabbay distributes the money he is given authorization by the community that he can act on behalf of the community. Gra 256:9 questions the Rama but also supports him from the Yerushalmi (Megillah 3:1). </ref> | ||
#It is permitted for a gabbay tzedaka to collect tzedaka by himself.<ref>The Gemara b"b 8b clearly establishes that it is forbidden to appoint someone to collect tzedaka by himself since it is considered an appointment of leadership. Rather they should appoint at least two people. This is codified by the Rambam (Matanot Aniyim 9:5), Shulchan Aruch Y.D. 256:3, Taz 256:2, and Shach 256:5. However, the Radvaz (Matanot Aniyim 9:5) notes that today we have the practice that we do not force people to give tzedaka or take collateral for people to pay tzedaka and so it isn't considered a leadership role and it is fine for an individual to collect tzedaka. Derech Emunah 9:32 codifies this practice.</ref> | #It is permitted for a gabbay tzedaka to collect tzedaka by himself.<ref>The Gemara b"b 8b clearly establishes that it is forbidden to appoint someone to collect tzedaka by himself since it is considered an appointment of leadership. Rather they should appoint at least two people. This is codified by the Rambam (Matanot Aniyim 9:5), Shulchan Aruch Y.D. 256:3, Taz 256:2, and Shach 256:5. However, the Radvaz (Matanot Aniyim 9:5) notes that today we have the practice that we do not force people to give tzedaka or take collateral for people to pay tzedaka and so it isn't considered a leadership role and it is fine for an individual to collect tzedaka. Derech Emunah 9:32 codifies this practice.</ref> | ||
#Charity funds can only be distributed by a group of three because it is similar to a bet din since they need to decide the needs of each poor person.<ref>Bava Batra 8b, Rambam (Matanot Aniyim 9:5), Shulchan Aruch Y.D. 256:3</ref> If they give each poor person an amount determined by a bet din it can be distributed by a individual gabbay.<ref>Radvaz (Matanot Aniyim 9:5)</ref> | #Charity funds can only be distributed by a group of three because it is similar to a bet din since they need to decide the needs of each poor person.<ref>Bava Batra 8b, Rambam (Matanot Aniyim 9:5), Shulchan Aruch Y.D. 256:3</ref> If they give each poor person an amount determined by a bet din it can be distributed by a individual gabbay.<ref>Radvaz (Matanot Aniyim 9:5)</ref> | ||
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==Communal Obligation of Charity Funds== | ==Communal Obligation of Charity Funds== | ||
#There is a communal obligation to establish a charity fund for all the poor people of the town.<ref>Rambam (Matanot Aniyim 9:1) writes that it is an obligation of a city to establish a communal charity fund for the poor of the city that is distributed once a week. Radvaz explains that it is an obligation of the city like every communal need such as building a shul which can be imposed on all of the community members. Gra YD 256:1 agrees.</ref> Some communities have a food pantry or soup kitchen which serves the poor, but a community can choose not to have such a service and support the poor in other ways.<ref>Rambam (Matanot Aniyim 9:2-3) writes that we establish a communal food fund ( | #There is a communal obligation to establish a charity fund for all the poor people of the town.<ref>Rambam (Matanot Aniyim 9:1) writes that it is an obligation of a city to establish a communal charity fund for the poor of the city that is distributed once a week. Radvaz explains that it is an obligation of the city like every communal need such as building a shul which can be imposed on all of the community members. Gra YD 256:1 agrees.</ref> Some communities have a food pantry or soup kitchen which serves the poor, but a community can choose not to have such a service and support the poor in other ways.<ref>Rambam (Matanot Aniyim 9:2-3) writes that we establish a communal food fund (''tamchuy''), however, the practice in many communities is only to have a communal charity food (''kupa'') and not a food fund. Radvaz explains that it is acceptable for the community to choose how to distribute the funds because it is up to them to redistribute it (Matanot Aniyim 9:7). Shulchan Aruch Y.D. 256:1 codifies the Rambam.</ref> | ||
===Gabbay Tzedaka=== | ===Gabbay Tzedaka=== | ||
# A community should establish a trustworthy gabbay to collect and distribute the communal tzedaka funds.<ref>Bava Batra 10b remarks that a person shouldn't give to a tzedaka fund unless someone like Rabbi Chanina Ben Tradiyon is the gabbay tzedaka. Tosfot s.v. elah explains that he should be trustworthy by Rabbi Chanina but it isn't a prerequisite that he is as much of a tzaddik as Rabbi Chanina. Rambam (Matanot Aniyim 9:1) and Shulchan Aruch Y.D. 256:1 codify this gemara. Bet Yosef 249:6 notes that language of the Tur that the gabbay tzedaka should be wise and trustworthy like Rabbi Chanina. He writes that the minhag isn't to insist that the gabbay is wise in Torah as long as he is wise in being a gabbay of tzedaka. Igrot Moshe YD 1:144 s.v. heneh writes that a person should not give to an organization that the collectors aren't religious. Laws of Tzedakah and Maaser p. 37 agrees that one should not give to organizations that do not follow the dictates of the Torah.</ref> | # A community should establish a trustworthy gabbay to collect and distribute the communal tzedaka funds.<ref>Bava Batra 10b remarks that a person shouldn't give to a tzedaka fund unless someone like Rabbi Chanina Ben Tradiyon is the gabbay tzedaka. Tosfot s.v. elah explains that he should be trustworthy by Rabbi Chanina but it isn't a prerequisite that he is as much of a tzaddik as Rabbi Chanina. Rambam (Matanot Aniyim 9:1) and Shulchan Aruch Y.D. 256:1 codify this gemara. Bet Yosef 249:6 notes that language of the Tur that the gabbay tzedaka should be wise and trustworthy like Rabbi Chanina. He writes that the minhag isn't to insist that the gabbay is wise in Torah as long as he is wise in being a gabbay of tzedaka. Igrot Moshe YD 1:144 s.v. heneh writes that a person should not give to an organization that the collectors aren't religious. Laws of Tzedakah and Maaser p. 37 agrees that one should not give to organizations that do not follow the dictates of the Torah.</ref> | ||
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==Giving Begrudgingly== | ==Giving Begrudgingly== | ||
#If one gives tzedaka while expressing a begrudging face one doesn't get any mitzvah.<ref>The Rambam (Matanot Laniyim 10:4) writes that a person should not give tzedaka with a sour face and if he does he loses his mitzvah. Radvaz sources it in Bava Batra 9b that a person is rewarded for cheering up a poor person. The Gra cites the source for this Rambam in the pasuk Devarim 15:10. The Sefer Hachinuch 479 seems to adopt the same approach that the mitzvah of tzedaka is to give it with happiness and giving in a begrudging manner isn't a mitzvah. Tzafnat Pane'ach says that the source for the Rambam is Chagiga 5a. Chagiga 5a shows that it is better not to give tzedaka than to give and embarrass the poor person. Avot Drebbe Natan ch. 13 writes that if a person gives someone a lot of presents with his face looking towards the ground it is like he gave him nothing.</ref> | #If one gives tzedaka while expressing a begrudging face one doesn't get any mitzvah.<ref>The Rambam (Matanot Laniyim 10:4) writes that a person should not give tzedaka with a sour face and if he does he loses his mitzvah. Radvaz sources it in Bava Batra 9b that a person is rewarded for cheering up a poor person. The Gra cites the source for this Rambam in the pasuk Devarim 15:10. The Sefer Hachinuch 479 seems to adopt the same approach that the mitzvah of tzedaka is to give it with happiness and giving in a begrudging manner isn't a mitzvah. Tzafnat Pane'ach says that the source for the Rambam is Chagiga 5a. Chagiga 5a shows that it is better not to give tzedaka than to give and embarrass the poor person. Avot Drebbe Natan ch. 13 writes that if a person gives someone a lot of presents with his face looking towards the ground it is like he gave him nothing.</ref> | ||
==How Much Should the Poor Receive?== | ==How Much Should the Poor Receive?== | ||
===Whatever He Needs=== | ===Whatever He Needs=== | ||
