Title: Anki Torah / Halacha
Tags: Tzedakah_and_Maaser
On every note of this deck, unless a note says otherwise:
Author: Rabbi Avi Wiesenfeld
Source: Pocket Halacha Series: The Mitzvah of Giving Maaser

Front: Are there any halachos regarding the actual giving of tzedakah? (three answers)
Back: One should give tzedakah with a true joy. It is preferable that tzedakah be given with one’s right hand. It is preferable that one stand up when giving tzedakah.
Title: How To Give Tzedakah

Front: What is better: to give a large amount of tzedakah to one person, or to give small donations to more people?
Back: There is no set rule in this matter, since much depends on the circumstances of the situation. Nevertheless, the poskim write that generally it is preferable to give more times, even though by doing so he gives a smaller amount to each recipient, because doing so accustoms one to give.
Title: How To Give Tzedakah

Front: What should one do when he is approached by a poor person but has no money to give?
Back: If one genuinely has no money to give to the poor person, he should explain this in a pleasant manner and tell him that he would indeed like to give but he simply does not have anything to give
Title: How To Give Tzedakah

Front: Must one give money while one is in the midst of davening?
Back: The general rule is that when one is busy performing a mitzvah, he is – at that moment – exempt from performing other mitzvos (with the exception of a mitzvah that cannot be done by others). Consequently, one need not give tzedakah during Pezukei D'zimrah, the berachos of Shema, and Shema itself.
Title: How To Give Tzedakah

Front: If one knows that giving tzedakah will not disturb his intention or confuse him during davening, may he give at any time?
Back: If one knows that giving will not disturb his intention or confuse him, he may give at any time except during the first paragraph of Shema.
Title: How To Give Tzedakah

Front: Must one give money while one is in the midst of learning?
Back: If the poor man is collecting for himself and the money is needed now, one should stop learning to give to him, but if a gabbai tzedakah (or someone else representing the poor person) is collecting and he could come at a different time (and it is just more convenient for him now to collect when many people are in one place), one is not obligated to stop learning in order to give to him
Title: How To Give Tzedakah

Front: If a poor person comes collecting more than once, must you give tzedakah to him each time he requests?
Back: Although there is an obligation to give tzedakah many times, even to the same person, that is only when the poor person knows that he already asked you and yet he continues to ask. In this case, he forgot that you gave to him (or he did not notice who gave to him), and thus you may simply tell him that “I have given to you already” and that suffices (for other reasons, see footnote). Nevertheless, one should give tzedakah at least once a day, even to a person to whom he gave previously.
Title: How To Give Tzedakah

Front: If the same collector comes around day after day, do you have to give to him each time?
Back: Yes, since the poor man knows that he asked you yesterday and he is asking you again.
Title: How To Give Tzedakah

Front: One put his hand into his pocket and took out a coin for a poor person coming his way, but the poor person did not come to him. May he return that coin to his pocket?
Back: No. Taking out the coin for the poor person is compared to making a neder, a vow that this money will go to tzedakah. Nevertheless, since it may depend on one’s intention and thoughts when he reached for the money, a Rav should be consulted
Title: How To Give Tzedakah

Front: What is the source for the mitzvah of Maaser?
Back: The verse (דברים יד:כב) states: "עשר תעשר" – “Tithe, you shall tithe”. The Gemara questions why the verse uses a double expression. Chazal teach us that the message of this double expression is as follows: "עשר בשביל שתתעשר" – “Tithe so that you will become wealthy”.
Title: The Mitzvah Of Maaser

Front: The verse (דברים יד:כב) states: "עשר תעשר" – “Tithe, you shall tithe”. What does the Gemara say is the reason why the verse uses a double expression.
Back: Chazal teach us that the message of this double expression is as follows: "עשר בשביל שתתעשר" – “Tithe so that you will become wealthy”.
Title: The Mitzvah Of Maaser

Front: How much must one give as maaser?
Back: One is required to separate one-tenth (10%) of his income to maaser. There is an extra special mitzvah to separate a chomesh – a fifth (20%) of any money made. Most people give just maaser, and scrupulous individuals also give a chomesh.
Title: The Mitzvah Of Maaser

Front: May one give more than a chomesh (20%) of his earnings?
Back: One may not give more than a chomesh (20%) of his earnings, except in certain exceptional cases; a Rav should be consulted.
Title: The Mitzvah Of Maaser

Front: Is giving maaser an obligation or a minhag (custom) (3 opinions)?
Back: There are three opinions about the status of the act of giving maaser:
1) It is an obligation from the Torah (mid’Oraisa).
2) It is an obligation from the sages (mid’rabbanan).
3) It is a minhag (custom).
Title: The Mitzvah Of Maaser

Front: Which is the widely accepted opinion of whether maaser is an obligation of a minhag?
Back: The most widely accepted opinion is that giving maaser is a time-honored minhag which should be adopted by everyone.
Title: The Mitzvah Of Maaser

Front: Is it true that one is allowed to “test” Hashem to see if, by giving maaser, he becomes wealthy?
Back: The Gemara indeed informs us that this is the only circumstance in which one has permission to test Hashem. The Chofetz Chaim records this as the halacha. However, some poskim explain that this was said only with regard to produce grown in the field, and not with regard to monetary profit one makes. In any case, testing applies only to money of maaser, not to money of tzedakah in general
Title: The Mitzvah Of Maaser

Front: Why is everyone who gives maaser not rich?
Back: Many answers to this question are suggested. Among them are: -It is possible for a person to perform certain acts that revoke this guarantee (i.e., an act that causes poverty). -One is not giving the amount that he should be giving -Wealth in this world may be withheld from a person so that he will more reward in the World to Come.
Title: The Mitzvah Of Maaser

Front: If giving maaser is merely a minhag, may one simply decide to stop at any point and discontinue the practice?
Back: No. Once one has started giving maaser, it takes the form of a neder (a binding vow) and must be continued.
Title: The Mitzvah Of Maaser

Front: Does an exact calculation need to be made when separating maaser, or is it sufficient just to make a rough estimate?
Back: An exact calculation needs to be made when separating maaser. According to some poskim, one fulfills the requirement of maaser only if he has a detailed record of all of his dealings, even if he ends up giving more than 10% of his earnings.
Title: The Mitzvah Of Maaser

Front: Is there a specific time at which one should make a calculation of his maaser money?
Back: One should have a set time when he calculates how much maaser to separate. Although it is preferable to separate maaser immediately upon receiving the money, when this is difficult (such as in the case of a business), one may separate it once every three months, once every six months, or at least once a year; from Tishrei to Tishrei should not go by without making this calculation.
Title: The Mitzvah Of Maaser

Front: May one give maaser before the profit actually comes in?
Back: Yes.
Title: The Mitzvah Of Maaser

Front: If one is not sure exactly how much profit he made, how should calculate how much maaser to give?
Back: He should separate the amount that will cover the maximum profit he might have made.
Title: The Mitzvah Of Maaser

Front: Who is obligated to give maaser?
Back: Every adult man and woman who has earnings must give maaser.
Title: Maaser: Who is Obligated to Give

Front: Must a child (under the age of bar or bat mitzvah) separate maaser from any money he earns (babysitting, presents, allowances, etc.)?
Back: No. Nevertheless, some poskim suggest that once the child becomes bar mitzvah, he should separate maaser from what he received as a child (provided that it is still around). Some poskim are of the opinion that a child should always separate maaser from his money (because of the mitzvah of chinuch).
Title: Maaser: Who is Obligated to Give

Front: Is anyone exempt from giving maaser?
Back: Although the mitzvah of tzedakah requires that a person who does not have enough money to support himself still may be obligated to give tzedakah, this is not the case when it comes to maaser. A poor person (someone who does not have enough of an income to support himself on his own without receiving help from others) is not obligated to give maaser from any money that he makes.
Title: Maaser: Who is Obligated to Give

Front: Is a bachur learning in Yeshiva exempt from giving maaser?
Back: Here too it depends on the specific circumstances. Generally, most poskim maintain that a bachur who receives money from his parents is exempt from giving maaser from that money. Some poskim contend that even in this case, one is obligated to give maaser.
Title: Maaser: Who is Obligated to Give

Front: If one has given out all of his maaser money, is he still obligated to give tzedakah when a poor person (himself, and not someone collecting for him) comes collecting?
Back: Yes.
Title: Maaser: Who is Obligated to Give

Front: From what money must maaser be separated?
Back: The general rule is that all profit one makes is subject to maaser, whether the profit was acquired through a service provided, sales, or investment.
Title: From What Money Must One Give Maaser

Front: If one receives an object as a gift, must he give maaser from it?
Back: No. One is not obligated to work out the monetary value of the object and give 10% to tzedakah (unless he sells it).
Title: From What Money Must One Give Maaser

Front: If one is given money with the specific purpose to buy something with that money, must he separate maaser from it first?
Back: No. In this case, he never received the money for himself, and the money never really belonged to him. He is just acting as an agent to buy the object (which was given to him in a monetary form to be transferred into its actual form).
Title: From What Money Must One Give Maaser

Front: If one does not actually receive money but profits in an indirect manner, must he separate maaser from the profit?
Back: No. Only money actually received as profit is subject to the obligation of maaser.
Title: From What Money Must One Give Maaser

Front: If the value of one’s house, apartment, or other assets rises, must he separate maaser from the increase in value?
Back: No. The increase in value of assets is subject to maaser only if it is sold and actual profit is realized.
Title: From What Money Must One Give Maaser

Front: When one profits from a business deal, may he deduct the expenses from the total profit before separating maaser?
Back: Any direct expense or loss incurred with earning that profit may be deducted prior to calculating how much maaser he must separate.
Title: From What Money Must One Give Maaser

Front: If a woman works and must take her children to a babysitter for the hours she is out working, may she deduct the cost of the babysitter from her total wages before calculating the maaser she owes?
Back: Yes. The same is true of a woman who has a playgroup in her home which requires that she hire a cleaner to clean every day. The wages paid to the cleaner may be deducted from the total profit before calculating for maaser.
Title: From What Money Must One Give Maaser

Front: One was involved in two business ventures. He made a profit from one, but suffered a loss from the other. May he combine them to reach a total profit, and give maaser from the total?
Back: Yes.
Title: From What Money Must One Give Maaser

Front: What should one do with his maaser money?
Back: The most preferred way to use one’s maaser is to give it to needy Talmidei Chachamim who learn Torah.
Title: From What Money Must One Give Maaser

Front: May one use his maaser money to perform mitzvos?
Back: This is subject to dispute. According to one opinion, maaser should not be spent on mitzvos and should only be given to poor people. According to another opinion, however, maaser may be used for any mitzvah (that is not obligatory). The poskim conclude that there is no argument between the two opinions. It depends on how one decided to give his maaser when he first started observing the practice.
Title: From What Money Must One Give Maaser

Front: If one did not specify or have in mind any particular way of using his maaser the first time he gave maaser, may he never use it for mitzvos?
Back: According to many poskim, one may stipulate the usage of his maaser whenever he wants (and say that his maaser money will be used for mitzvos), and from then on he may use it for mitzvos.
The final halacha is that since, nowadays, giving maaser is a custom and not an absolute obligation, there is room for leniency and one may use his maaser for mitzvos (that are not obligatory).
Title: From What Money Must One Give Maaser

Front: May one receive personal benefit from spending the maaser money on mitzvos, such as when buying aliyos or attending charity events?
Back: Yes. One is permitted to receive personal benefit from the spending of maaser. One may not, however, pay off a personal debt using maaser money.
Title: From What Money Must One Give Maaser

Front: May one give his maaser money to his married children to support them, or to his parents to pay for their needs?
Back: Yes (provided that this stipulation is made before he takes on the obligation to help them). One should not use all of his maaser money to support his married children, since this may cause a chillul Hashem for those who observe that he never gives any money to support other institutions.
Title: From What Money Must One Give Maaser

Front: May one put aside money from maaser to marry off his children when they become of age?
Back: Some poskim allow it, provided that they are close to marriageable age. One should consult his Rav to determine whether this may be done in his particular situation.
Title: From What Money Must One Give Maaser

Front: May one use maaser to prevent himself from doing an aveirah (sin)?
Back: Yes. For example, one who wishes to take a taxi instead of taking a bus to prevent himself from seeing wrongful sights may use maaser money to do so. Some poskim, however, disagree.
Title: From What Money Must One Give Maaser

Front: May one buy something from a poor person, or pay for a poor person’s services, with maaser money in order to give him parnasah, if one would not have bought this item or used his service otherwise?
Back: Generally, one may not use maaser money for this purpose. However, if the price of the item or the charge for the service was more than what he would have paid for it elsewhere, the difference in price may be paid from maaser money. Similarly, one may do work for a poor person for free and deduct the fee from maaser.
Title: From What Money Must One Give Maaser

Front: One sold merchandise to a poor person at a discount. May he deduct that discount from maaser?
Back: Yes. Similarly, one who rents an apartment or house to a poor family at a reduced rate may deduct the difference from maaser.
Title: From What Money Must One Give Maaser

Front: One lent money to a poor man who is unable to pay it back. May the lender cancel the debt and take the amount from maaser money?
Back: When certain important conditions are fulfilled, one may cancel a debt to a poor man and take the money from maaser. One should discuss this option with his Rav.
Title: From What Money Must One Give Maaser

Front: Must one set aside a special place to keep his maaser money?
Back: Some suggest that one have a special place reserved to keep his maaser money so that it is ready for giving at all times. Additionally, it is less likely to get mixed up with one’s regular money.
Title: From What Money Must One Give Maaser

Front: Why do some suggest writing "Maaser" on the outside of the box where one keeps his maaser?
Back: It will be easier to give away, since it already looks as though it is not your own money and if one dies ר"ל, it will still be given to tzedakah. Even if it is given by one’s descendants, it is as if he gave it in his lifetime.
Title: From What Money Must One Give Maaser

Front: Is there a time limit for when one must distribute his maaser money?
Back: The Rambam writes that if one has in his possession money for poor people and the poor people are around and he does not give it, he transgresses the prohibition of baal te'acher (delaying payment). Therefore, the poskim recommend that before one separates his maaser, he should stipulate that he is separating it in order to give when he wishes. In that case, he is not limited to a certain time and does not transgress this prohibition. Furthermore, some even maintain that when one separates maaser nowadays, this is his unspoken intention.
Title: From What Money Must One Give Maaser

Front: May one simply give money to tzedakah throughout the year, and at a certain point make a calculation how much maaser money needs to be separated during that period, and deduct that amount from which he gave up until that point?
Back: Yes. Furthermore, if one has given too much (i.e., more than the amount of maaser than he was required during that period), some poskim even allow him to carry that extra sum over for the upcoming period.
Title: From What Money Must One Give Maaser

Front: May two poor people exchange their maaser money with each other?
Back: According to some poskim, two poor people may exchange their maaser money with each other in order to support one another. However, they may do so only if it is a voluntary agreement, and not an official pact between them.
Title: From What Money Must One Give Maaser

Front: If one is unsure about whether he separated maaser money from a certain profit, what should he do?
Back: Some poskim maintain that one need not separate again out of doubt, since we rule that giving maaser is a minhag. Other poskim require that one separate maaser again, unless he said bli neder at the time he began the practice of separating maaser, in which case he is exempt according to all opinions.
Title: From What Money Must One Give Maaser

Front: If one has a certain sum of money and is unsure about whether it is maaser or ordinary money, what should he do?
Back: He should treat the money as maaser.
Title: From What Money Must One Give Maaser

Front: If one separated maaser money and then it subsequently became lost, must he replace it?
Back: Some require him to replace it, while others do not.
Title: From What Money Must One Give Maaser

Front: Is one permitted to borrow money from a tzedakah box?
Back: Yes. One may even use the money for a non-consecrated use, and when he returns the money there is no need to add more money.
Title: From What Money Must One Give Maaser

Front: May one give maaser money to a poor non-Jew?
Back: One may give maaser money to him, but only a small amount.
Title: From What Money Must One Give Maaser

Front: When one begins observing the practice of giving maaser, which points should he have in mind?
Back: It is bli neder (non-obligatory).
The money may be used for any mitzvah.
He can lend some of the money to himself if he needs.
Title: From What Money Must One Give Maaser

Front: Although any time is a good time to give tzedakah, what are the times at which giving tzedakah is extra special:
Back: before davening
before lighting Shabbos candles
Rosh Chodesh
on a fast day at minchah
before Yom Tov, especially before Succos
during the month of Elul and Aseres Yemei Teshuvah
Chanukah
Purim.
Title: From What Money Must One Give Maaser