...Continued from previous week
1) The general halachic rule [for spending money on all Mitzvos, including] Tzedakah and Ma'aser is that one may not spend more than a fifth (20%) of his/her money, as doing so will put the person at risk of needing to rely on others for his/her daily sustenance. (This is the concept referred to as "Al Yevazvez Yoser M'Chomesh". See Talmud Kesubos 50b)
The Chofetz Chaim enumerated six exceptions to the aforementioned rule, instances where one may (and is encouraged to, and sometimes required to) spend beyond the 20% of his/her net worth, as follows:
- In situations of life and death, one must spend down to his/her last penny to save a life.
- In an area where poor people are prevalent, one may spend more than usual to help feed them.
- An extremely wealthy person may spend beyond 20% of his/her worth, as doing so will still leave them with plenty of money to live comfortably.
- One who gets a weekly paycheck from which they sustain themselves, may use the remainder for Tzedakah, after purchasing their weekly needs, even if that amount is more than 20% of the paycheck.
- To support Torah learning, one is allowed to spend above the 20% (See Shita Mekubetzes Kesubos ibid.)
- One who in any case spends beyond their means for unnecessary items, and buys every vain item that strikes their fancy, may do the same for Mitzvah expenditures, even to the point of spending much more than 20% (Chofetz Chaim in Ahavas Chesed Vol. 2 Perek 20. See also Derech Emunah from Rav Chaim Kanievsky Zatzal Hilchos Matnas Aniyim, Perek 7 Os 26)
2) When one is R"L on his/her deathbed, they may give away all of their money to Tzedakah. (according to the Rama Yoreh Deah 249:1)
Some Poskim maintain that even on one's deathbed he/she shouldn't give away all his/her possessions, but may only give away a third or half of what they own. (Pri Megadim Orach chaim end of Siman 656, Kitzur Shulchan Aruch Siman 34:4. See also Igros Moshe Choshen Mishpat Vol. 2 Siman 50 and Ahavas Chesed ibid.)
3) Jews who are incarcerated in prison, even in civilized countries, are considered "captives" according to many Poskim, and one may spend more than 20% of his/her income to secure their release as it is "Pidyon Shevuyim- releasing of captives". (Psak of Rav Moshe Feinstein Zatzal and others)
4) Some Poskim maintain that "Pidyon Shevuyim" is only if a Jew is incarcerated "for no reason" as was common in the olden days for the authorities to put Jews behind bars for no reason other than the fact that they were Jewish, but isn't very common nowadays (Baruch Hashem as most of us live in Medinos Shel Chesed, benevolent host countries). If one is incarcerated due to a crime he willingly committed (stealing, tax fraud or other serious crimes) there is no Pidyon Shevuyim, as he is being rightfully punished for his actions (Psak of Rav Shlomo Zalmen Auerbach Zatzal. See also Pischei Teshuva Yoreh Deah Siman 251:1)
5) It is a good idea to have a separate bank account, where you deposit all the money that is for Ma'aser. Thus, it will always be easily accessible to you when the time to give to a poor person/worthy organization arises. (As is written in the last will of the father of the Shla HaKadosh and in the Shla in the 4th Perek of Chulin. See also Shu"t Shevet HaLeivi Vol. 5 Siman 133)
6) It is also a praiseworthy custom to immediately "separate" Ma'aser from any money earned and put it in the special account, rather than simply noting the amount due, and writing a check for that amount when the time comes. Doing this will ensure that you won't forget to separate the Ma'aser. Also, the Seforim write about the blessings that will descend upon a person who "separates" the Ma'aser before actually giving it to Tzedakah. (See Alshich beginning of Parashas Terumah where he expounds upon this concept)
7) It is best to distribute your Ma'aser money to the poor people/worthy organizations as soon as possible, rather than letting it sit in your account, as letting it sit for too long may lead to a transgression of "Bal T'Acher- Do Not Delay".
8) If no poor people are around and you don't have to whom to give your Ma'aser you won't transgress anything.
However, nowadays where so many organizations exist that feed the poor and otherwise do valuable Chesed, it isn't possible to say that "there aren't any poor people around", and Ma'aser should be given as soon as possible.
The absolute limit for not transgressing "Bal T'Acher" is to give it before 3 Yomim Tovim (Pesach, Shavuos or Succos) pass.
...To be continued next week B’Ezras Hashem
