Charity: Difference between revisions
From Halachipedia
→Definition of Poor
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#Someone who is lacking basic needs for him or herself or their family according to their community is considered poor in order to collect tzedaka.<ref>Aruch Hashulchan 251:7 explains that someone who just has a small amount of bread and water and nothing else is considered someone who is poor and doesn't have to give tzedaka. It doesn't include any nicer foods or luxuries. Rav Elyashiv (B'orach Tzedaka p. 348 quoted by Rav Dovid Morgenstern) held that if someone has enough money for his food and clothing but not enough for periodic expenses such as medical bills, rent, or making a wedding for a child they are considered poor and giving them is matanot levyonim. However, someone who has enough for this year's expenses giving to them so that they can pay for next year's expenses is not considered a poor person for matanot levyonim.</ref> | #Someone who is lacking basic needs for him or herself or their family according to their community is considered poor in order to collect tzedaka.<ref>Aruch Hashulchan 251:7 explains that someone who just has a small amount of bread and water and nothing else is considered someone who is poor and doesn't have to give tzedaka. It doesn't include any nicer foods or luxuries. Rav Elyashiv (B'orach Tzedaka p. 348 quoted by Rav Dovid Morgenstern) held that if someone has enough money for his food and clothing but not enough for periodic expenses such as medical bills, rent, or making a wedding for a child they are considered poor and giving them is matanot levyonim. However, someone who has enough for this year's expenses giving to them so that they can pay for next year's expenses is not considered a poor person for matanot levyonim.</ref> | ||
====Employed==== | ====Employed==== | ||
#Someone who has a steady salary which covers his expenses is not poor and cannot take tzedaka even if he doesn't have any savings.<ref>Shevet Halevi 2:120, B'orach Tzedaka 5:2 p. 68</ref> | #Someone who has a steady salary which covers his expenses is not poor and cannot take tzedaka even if he doesn't have any savings.<ref>Shevet Halevi 2:120, B'orach Tzedaka 5:2 p. 68, Laws of Tzedakah and Maaser p. 21</ref> | ||
#Someone who doesn't have a steady salary to cover his expenses is considered poor.<Ref>B'orach Tzedaka 5:2 p. 68 based on Shevet Halevi 2:120 and Rav Moshe Mordechai Karp quoting Rav Elyashiv</ref> | #Someone who doesn't have a steady salary to cover his expenses is considered poor.<Ref>B'orach Tzedaka 5:2 p. 68 based on Shevet Halevi 2:120 and Rav Moshe Mordechai Karp quoting Rav Elyashiv</ref> | ||
====Unemployed==== | ====Unemployed==== | ||
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* The Tur 253:2, however, seems to elaborate and add more conditions. He says that 200 zuz was only relevant when we had a welfare system of tamchuy, kupa, maaser ani, leket, shichacha, and peah. However, we don't have that so it is necessary to give the poor enough capital to support himself from that money. | * The Tur 253:2, however, seems to elaborate and add more conditions. He says that 200 zuz was only relevant when we had a welfare system of tamchuy, kupa, maaser ani, leket, shichacha, and peah. However, we don't have that so it is necessary to give the poor enough capital to support himself from that money. | ||
* Bet Yosef seems to equate the Smak with the Tur. Also, Shulchan Aruch quotes the conclusion of the Tur without his other considerations. Gra 253:6 fills them in. Badei Hashulchan to 253:2, Shevet Halevi 2:120, and Rav Elyashiv cited above seem to follow the approach of the Tur that in essence there is an obligation today to ensure that the poor have a steady income.</ref> | * Bet Yosef seems to equate the Smak with the Tur. Also, Shulchan Aruch quotes the conclusion of the Tur without his other considerations. Gra 253:6 fills them in. Badei Hashulchan to 253:2, Shevet Halevi 2:120, and Rav Elyashiv cited above seem to follow the approach of the Tur that in essence there is an obligation today to ensure that the poor have a steady income.</ref> | ||
# Someone who can work and refuses and isn't learning Torah full time should not receive tzedaka. In practice someone requesting tzedaka can't know and shouldn't judge if someone unemployed isn't able to work because of a sickness or the like and therefore must give out of doubt.<Ref>B'orach Tzedaka 5:14 p. 71 citing Sefer Chasidim ch. 1035, Rav Yakov Kamenetsky (Emet Lyakov YD 253 fnt. 141), Rav Elyashiv, and Shevet Hakehati 5:177.</ref> | # Someone who can work and refuses and isn't learning Torah full time should not receive tzedaka. In practice someone requesting tzedaka can't know and shouldn't judge if someone unemployed isn't able to work because of a sickness or the like and therefore must give out of doubt.<Ref>B'orach Tzedaka 5:14 p. 71 citing Sefer Chasidim ch. 1035, Rav Yakov Kamenetsky (Emet Lyakov YD 253 fnt. 141), Rav Elyashiv, and Shevet Hakehati 5:177. Laws of Tzedakah and Maaser p. 20 fnt. 10 agrees.</ref> | ||
===Selling Property or Utensils or Savings Before Taking=== | ===Selling Property or Utensils or Savings Before Taking=== | ||
# A poor person doesn't need to sell his household utensils that he uses for eating or sleeping. For example, he doesn't have to sell his dishes, clothing, or beds of good quality to purchase cheaper ones. Items that aren't used for direct bodily needs, such as utensils to prepare food, he should sell them and get cheaper ones before taking tzedaka.<ref>Mishna Peah 8:8 writes that a person doesn't need to sell his household items before taking tzedaka if he's poor. Gemara Ketubot 68a resolves a contradiction between this Mishna and a contradictory briatta. The Rif 29b and Rambam (Matanot Aniyim 9:14) explain that before he collects from communal funds he needs to sell any utensil that isn't necessary for eating, wearing clothing, and sleeping. He could take tzedaka privately from individuals without selling his utensils. Rabbenu Tam (Tosfot Ketubot 68a) holds that a poor person doesn't need to sell his household utensils if he gets them after he started to take tzedaka. However, before taking tzedaka he needs to sell his utensils. Tur 253:1 cites this interpretation as well. Rashi Ketubot 68a explains that he doesn't have to sell his utensils unless he stole from the poor and can't repay it. Shulchan Aruch and Rama Y.D. 253:1 codifies the opinion of the Rif and Rambam. Shach 253:4 cites also Rabbenu Tam and adds that a rabbi who rules like Rashi isn't scorned.</ref> | # A poor person doesn't need to sell his household utensils that he uses for eating or sleeping. For example, he doesn't have to sell his dishes, clothing, or beds of good quality to purchase cheaper ones. Items that aren't used for direct bodily needs, such as utensils to prepare food, he should sell them and get cheaper ones before taking tzedaka.<ref>Mishna Peah 8:8 writes that a person doesn't need to sell his household items before taking tzedaka if he's poor. Gemara Ketubot 68a resolves a contradiction between this Mishna and a contradictory briatta. The Rif 29b and Rambam (Matanot Aniyim 9:14) explain that before he collects from communal funds he needs to sell any utensil that isn't necessary for eating, wearing clothing, and sleeping. He could take tzedaka privately from individuals without selling his utensils. Rabbenu Tam (Tosfot Ketubot 68a) holds that a poor person doesn't need to sell his household utensils if he gets them after he started to take tzedaka. However, before taking tzedaka he needs to sell his utensils. Tur 253:1 cites this interpretation as well. Rashi Ketubot 68a explains that he doesn't have to sell his utensils unless he stole from the poor and can't repay it. Shulchan Aruch and Rama Y.D. 253:1 codifies the opinion of the Rif and Rambam. Shach 253:4 cites also Rabbenu Tam and adds that a rabbi who rules like Rashi isn't scorned.</ref> | ||
