Someone who already gave all his maaser money to Tzedakah, can he refrain from giving more money to poor people who ask him for donations?
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see point 9 of this article: "IIf the person already gave ma’aser- he is still obligated to give a little bit to a poor person that specifically asks him."– mblochCommented Aug 12 at 8:28
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2I think you confuse Ma'aser with Tzeddaka - the former is "NOT" your money, while Tzeddaka is. With Ma'aser you're managing "Hashem's funds". IIRC, even if you paid back whatever percentage you decided on, you're still commanded to support the poor and the community, like in "וחי אחיך עמך" or "לא תוכל להתעלם" etc.– Al BerkoCommented Aug 12 at 10:18
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2Maybe you can borrow against next year's maaser– Double AA ♦Commented Aug 15 at 18:07
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Due to Yoreinu's comment, I'm voting to close as a request for psak– Noach MiFrankfurtCommented Aug 15 at 23:29
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1 Answer
The answer depends on whether maaser was done at 10% or 20%. The book, "The Laws of Tzedakah and Maaser: A Comprehensive Guide" by R. Shimon Taub notes Takanas Usha: One may not give more than one-fifth. Source: Gemara Bavli Kesubos 50a.
There are notable exceptions to the Takanas Usha. In other words, one is permitted to give more than one-fifth:
- Prior to a person passing away (a). At this stage of life one does not need to worry about needing money. Some poskim permit upto one-third (b) some upto one-half (c), some even more (d). The consensus is that one should leave some money for the spouse and children (e).
(a) Gemara Kesubos 67b; (b) Hagahos R. Akiva Eiger al Shulchan Aruch Y"D 249. (c) Orhos Haim of R. Aharon haKohein miLunel 34 (p. 240), Aruch haShulchan Y"D 249:1 and others. (d) RaM"A Shulchan Aruch Y"D 249:1 and others. (e) Chofetz Chaim "Ahavas Chesed" 2:14
- If one who is very wealthy (f). R. Moshe Feinstein was of the opinion that even a wealthy individual should not give away more than one-fifth, since one can still become poor (g).
(f) haChochmas Adam 144:10, Shu"T Sheilas Ya'avetz end of 3. (g) Shu"T Iggros Mosheh Y"D 1:133
If poor people are presently in front of you. In this case, majority of poskim permit going beyond one-fith. Chofetz Chaim "Ahavas Chesed" 2:20:2 learned from RaMBaM introduction to commentary on Mishna Peah and others
If Saving an endangered life: i.e. a person is in danger of dying because of lack of food or other case - one is obligated to support and to help. Clear from the Torah, and Chofetz Chaim "Ahavas Chesed" 2:20 and others
If Supporting Torah Institutions and Torah Scholars, one is allowed to go beyond one-fifth. Chofetz Chaim "Ahavas Chesed" 2:20:4, Igros Mosheh Y"D 1:143:2 and others
If a person has steady income and not in danger of losing it also permitted to go beyond one-fifth. Chofetz Chaim "Ahavas Chesed" 2:20:3
If redeeming captives. Aruch haShulchan Y"D 249:5, Chofetz Chaim "Ahavas Chesed" 2:20:2, and others
If in possession of money not earned (for example, one found a large sum of money and was not able to return it to a rightful owner). Shu"T Minchas Eliezer 3:61 based on Rabbeinu Chananel on Bava Kamma 9b
If making atonement for one's sins. Shu"T Minchas Eliezer 4:46 and others
If giving the poor their bare necessities. Shu"T Sheilas Ya'avetz 3.
If one is a person who wastes money - such a person has no license not to give more than one-fifth to tzedakah when there are poor people in need. Sefer Derekh Emunah 7 Hilkhos Matnos Oniim 26.
If one is in Yissachar-Zevulun partnership, i.e. a person enetered a business relation with a Torah scholar to fully support him while he learns the Torah. RaM"A Shulchan Aruch Y"D 246, Shu"T Igros Mosheh Y"D 4:37, and many others.
Summary.
The takanah requires that one should not give more than one-fifth of money to tzedakah. The condition is not a rigid one. Under many circumstances it is permitted, even encouraged, and obligated to give more than one-fifth to tzedakah. It is always advisable to discuss one's specific situation with a competent Rav.
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Do you mean to say that one is patur if one gave 20% already? I don't think it is so simple. You could have argued one should still give a minimal sum and deduct it from next year's maaser. Or alternatively that even if one hasn't reached 10%, one doesn't have to give to every poor person asking for donations. I don't think your answer properly captures the richness of the question– mblochCommented Aug 11 at 17:40
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@mbloch please feel free to edit. Certainly there are other considerations, such as counting for for next year, etc. Also taxes, refunds from credit cards, and many other things.– Y DJCommented Aug 11 at 18:29
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Editing is not for significant modifications of an answer, it mostly serves to correct small typos, reference errors, broken links, etc. I wouldn't want people to edit the content of my posts, nor do I do it to others. You have lots of valuable Torah to contribute, but at times your answers are overly simply and look more like comments than full-fledged answers (this is another good example). I don't say this critically recognizing you are still new here and have much to contribute– mblochCommented Aug 12 at 3:17
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1:-> start with top of p. 82 which shows exceptions to what you wrote– mblochCommented Aug 12 at 5:33
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1Great and +1. My guess though is the OP wanted opinions allowing him not to give more :-> (but this shouldn't change your answer)– mblochCommented Aug 12 at 8:25