Revach L'Neshama http://revach.net/ RSS feed for - Section: HALACHA Category:TZEDAKA Copyright 2007, Revach L'Neshama en-US Revach L'Neshama Logo 144 31 http://revach.net/img/small_header.jpg http://revach.net/ info@revach.net Fri, 18 Aug 2017 03:00:00 -0700 240 Shevet HaKehosi - Thoughts & Regrets Of Tzedaka http://revach.net/article.php?id=4591 http://revach.net/article.php?id=4591
Often times we are moved by a tzedaka cause when hearing about it and we decide that we will give a certain sum to the cause.  Later as we cool off we may decide that we don't want to give so generously.  Are we still obligated to give the original sum or not?

The Shevet HaKehosi (1:257) brings the Rema (YD 258) who says that it is a machlokes whether a mere mental decision of giving tzedaka obligates us or not.  The Rema concludes that we should be machmir and consider the thought a done deal.

However, says the Shevet HaKehosi, there are decisions and there are decisions.  In this case, he brings from Rav Yaakov Emden that only if your decision was final and without any hesitation are you obligated.  If it was just an idea to give, then it is not binding and you may change your mind.  
 
He also brings the Mogen Avrohom (562:11) who says regarding someone who decides to be Mikabel Taanis in his mind, that it is only binding if he commits "B'Libo" in his heart.  If he only thinks "B'Daato" in his mind, then the Kabala is not binding.

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Wed, 09 Jun 2010 03:00:00 -0700
Shevet HaKehosi: Are You Obligated To Give Tzedaka To Someone Who Is Capable Of Working? http://revach.net/article.php?id=4520 http://revach.net/article.php?id=4520 The Shevet HaKehosi was asked (5:177), if someone is poor but has the ability to get a job and doesn't do so for whatever reason, is he considered a poor person to receive Tzedaka?  This question he says, does not apply to someone who is sitting and learning who surely may continue to do so and be supported from tzedaka.

After bringing interesting proofs both ways from different sources and then distinguishing our case, the Shevet HaKehosi concludes as follows.  If a person can get a job immediately he may not take tzedaka.  But if it will take him time to find the right job and he will starve in the meantime, then he may take.

This is only referring to the poor person taking.  With regard to your obligation to give him tzedaka, he says that you must give him.  Even if in your estimation he is perfectly capable of working, you don't really know everything that is going on.  However if there is another Ani the other Ani comes first since this Ani is only a Safek.  Moreover the Medrash (Vayikra Rabba 34) says that it is assur to say to an Ani that since he is healthy he should go work.  Hashem says to this, "Not enough that you refuse to give him from what you have, but now you are giving an Ayin Hara in what I gave him?"

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Thu, 22 Apr 2010 03:00:00 -0700
Rav Yaakov Kaminetzky: Is It Tzedaka When Your Loan Goes Unpaid? http://revach.net/article.php?id=3993 http://revach.net/article.php?id=3993 In Parshas Re'eh, in middle of the parsha discussing the Mitzva of Tzedaka, the torah warns us (Re'eh 15:9)  that even when Shmitta is coming, we still must lend money to those who need.  It would be wicked to stop lending just because Shmitta will wipe out the loan.  Rav Yaakov Kamenetzky in Emes L'Yaakov says that we see from here that even giving a loan to a rich person who needs to borrow money is considered Tzedaka.

Therefore, says Rav Yaakov, it seems that if a person who owes you money for a loan goes bankrupt and does not pay, you should be able to subtract this amount from your Ma'aser since initially you gave the money for tzedaka and now you are not getting it back.  Obviously this is only in a case where there was no Heter Iska and no interest was charged.  In that case it is not considered a loan but rather a business partnership (for at least half the amount).  L'halacha, Rav Yaakov says that this needs further clarification.  

It should be noted that Reb Yaakov refused to allow his tshuvos to be published for fear that his words would be misconstrued.  Certainly in this case no halachic decision should be based on his words.  They are brought to raise the question and not to pasken halacha.  The footnote in Emes L'Yaakov brings that the Noda B'Yehuda discusses this shaila (2:196)
 
Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Tue, 11 Aug 2009 03:00:00 -0700