Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 253:1-7. Tzedakah: Who Is Poor and Permitted To Collect, Refunding Donations, Reallocating Funds, Surplus
Transcript
- 0:01So we are in the middle of Saif Olive.
- 0:05We I think we read the entire Sholkhanar Mohabbat part.
- 0:08Now we're up to the Roma. Just a quick recap.
- 0:14We're saying a person has to have a certain amount.
- 0:17Once a person owns has a certain amount of cash, let's say in
- 0:21Italian zoos, 200, maybe 50 if he's making profit out of it,
- 0:27the business running a business. So he has that money cash in his
- 0:31bank readily available. So then we say he is not allowed
- 0:35to take Sedaka now. And what about if you have
- 0:39valuable luxury items? Let's say you have, I don't
- 0:45know, silver, gold dishes or items in your house.
- 0:48So then the general rule is if you're using it for eating, if
- 0:52you have these expensive, I don't know, forks, knives, maybe
- 0:56a single table, see the chronium.
- 0:59So then you have to that you do not need to sell because it's a
- 1:05minimal amount that you're using just just to live off of so that
- 1:09we don't make you sell in general to get Sedaka, but
- 1:13except if you are taking from the Koopa.
- 1:17So this Sedaka fund is really limited and for those of the
- 1:23very needy and to take from the Koopa, you're not allowed to
- 1:26even have your silver cutlery. But other items, even a big
- 1:31table that's made of silver must be very expensive and other big
- 1:35other items that are that are beyond the basics.
- 1:38So then even if it's silver, then you have to sell it before
- 1:42you take any Tsidaka. Now we're going to see the Rama
- 1:47here and the Sholkhanarak in the next to eve that.
- 1:51OK, so those are these are basic ideas not 100% applicable to
- 1:56modern day. Let's see, continue with the
- 1:58Haggai inside Mahain, the Malcolm, the ICA Takana shalo
- 2:03litaine Sedaka lemiciation dovar katsu in hoshin obeit baidira
- 2:10uklay tashmisha. So whenever there's no Takana in
- 2:13line, there's no specific guidelines by the Sedaka
- 2:17organizations. What's the minimum amount?
- 2:20So then whenever a person needs Sedaka, we don't look at his,
- 2:24his house and his basic, basic calium and he's allowed to keep
- 2:29them. And I believe we're going to see
- 2:32even if a person has or if we didn't see, even if a person has
- 2:37like an extra, you know, if a person has an extra vacation
- 2:40home so that he probably has to sell.
- 2:43But if a person has a 1, you know, 1, whatever an income
- 2:48property, how much I don't know. But if you have an income
- 2:51property and that's how you're making a living, but you're just
- 2:55low on cash right now, then you're allowed to still take
- 2:59Sidaka because then you're going to lose your income.
- 3:01We don't make again. All this needs a little bit of
- 3:04shikola das, but that's the idea.
- 3:06Call mishu Asher and anyone who's who's wealthy, asuri tein
- 3:11labanov alfalpi shahim shahim gadoli mahim smoohim al shukhan
- 3:18avihim. So then he's not allowed if what
- 3:21person is wealthy, if there's so much on his on him, So then he
- 3:26they're they're living at his table.
- 3:28There's relying on him. So then even though they're
- 3:31they're older, then he doesn't need to he should not give them
- 3:34from Sedaka because Adafa der Sedaka, Aval der Dharun, the
- 3:40Kaaval Yahoo, the Kabul Adam. But anyone, anyone's allowed to
- 3:44take. So it's again, if you're taking
- 3:46Mittora Sedaka, that's then you have certain conditions.
- 3:49You have to be a certain, you have to be poor enough.
- 3:51But anyone, even if they're not poor, are not very poor.
- 3:55They are allowed to take gifts. A person wants to honor you with
- 3:58money, give you a gift, give you a car, give you whatever he
- 4:01wants to give you, buy you dinner.
- 4:02Even since it's not done as sedaka, then one is allowed to
- 4:06take. Can you be counted as sedaka for
- 4:09the giver? Perhaps I don't have an answer.
- 4:13But now, as we see over here, there are Ma quotes famous
- 4:19Hiroze Lehana Lehana ke Elisha. Alicia was known that he would
- 4:24did take gifts. You know, did the Cabo de Shem
- 4:28he needed. He needed it to live depending
- 4:31on the story. So one is allowed, just like
- 4:34Alicia, one is allowed to Shmuel, on the other hand, is
- 4:37known that he wouldn't even take anything from anyone, even if it
- 4:42was difficult to make sure to be self-sufficient.
- 4:45So there's a there's a Mylar for that as well.
- 4:48And but both are permitted is. The reason that Shmuel.
- 4:52Was a job. I don't know if one was the
- 4:56judge or not. That's maybe a helic between the
- 4:59two. But I think it was their
- 5:00Mahalakan life, maybe base yeesh.
- 5:04Omrim shalun emra Shuri Malalu Alabiya Mayhem.
- 5:08Now these guidelines that we gave in, see if alef that's in
- 5:13those days the way they operated of all these manasseh.
- 5:16But nowadays yakolito achi. Yeah.
- 5:18Look Karen Kadeshi Pernes who Ubenebeto Mehareva with Devarian
- 5:25Shaltam Haim. But nowadays a person is allowed
- 5:30to take unless he has enough money in his bank for him and
- 5:35his children to to live by and to make a profit out of, to run
- 5:39a business out of. And this makes sense.
- 5:44So that's OK. Gilmo, Misha, how you look.
- 5:49Harko, a person has additional property besides his house.
- 5:54He has a land, he has a farm, whatever.
- 5:56He has a way of making money out of the the land.
- 5:59He owns it or it's just sitting there, but he can sell it and
- 6:01make money out of it. OK, Again, all these things need
- 6:05a little bit of shikala das. You know, where do you draw the
- 6:07line when you should sell, not sell if that's your income and
- 6:10then you're going to become more poor.
- 6:12OK, But here's some guidelines. Here it is a Misha how you look,
- 6:15Harko a person has property. The I am I am Karam Bimoto
- 6:19Ghashamim. I am Karam bizar.
- 6:22But right now it's the winter time and it's not the the season
- 6:25for selling land. If you sell it now, you're going
- 6:29to sell it at, at less than you would normally be able to sell
- 6:33it when everyone's selling their property.
- 6:36All right. It would be like a sell a sale
- 6:38in distress and you wouldn't get what you what you deserve.
- 6:41But if you wait until the summertime, whatever the, the
- 6:46time when people sell property, you'll be able to sell it for
- 6:51its proper value. Everyone knows, you know, if you
- 6:54wait, you know, if you sell something in the, you know, in
- 6:56the middle of the winter versus spring or summer, the the value
- 7:00is going to be different. A Mikhailino Tolumkor, we do not
- 7:03force him to sell right now because he's he's going to, he's
- 7:06going to lose. I don't know, whatever it is,
- 7:07510%, whatever it is, maybe even 1%, we're going to see, as Ashak
- 7:14points out, according to the Rambam, we're not looking
- 7:16exactly at what how much less you're going to get for it as
- 7:20long as it's something that's considered, you know, common
- 7:24sense, considerable, significant, something
- 7:27recognizable. So right for a tiny bit, you
- 7:31could always, any value is going to go up and down a tiny bit.
- 7:34So whatever is considered a reasonable change, I don't know
- 7:38exactly what percent that would be, five or one, whatever is
- 7:42something significant. So then we don't make them sell
- 7:47right now. Ella mahili Moto ma serani AD
- 7:51khatzi de mayim. So then the principle is we
- 7:54allow him to collect Sedaka or eat off the Mai Serani in the
- 8:00land, right? That's in Israel.
- 8:02So then you how much Meisser Ani can you keep on eating until
- 8:09you're ready to sell up to half the value of the property?
- 8:14That's that's the sheer that's given.
- 8:17But you talk Atma Vyimkart Shalobizuman Mahira.
- 8:20The idea is we don't want you to push you and he's and that's
- 8:25maybe more of an expression. Again, this is from a Gemara
- 8:28where it talks about Hatsi, Dumayan and Rahulkas, Rambam
- 8:31Tostvos had to read understand the Gemara.
- 8:34And that's we're going to see a small difference between or a
- 8:37big difference between the Shalfanarath and we're about to
- 8:40read the Rama. So this is the Shalfanarath
- 8:42based on the Rambam. So he points out.
- 8:47And even if everyone else can sell for more, but you can't
- 8:51sell. So then really we let you even
- 8:54keep it. This is the Shahi based on the
- 8:57Rambam. We let you even get more money
- 8:59than half the amount. But that's that's just the the
- 9:02general guideline, the way it's written.
- 9:04But the Haggas says that the Rama based on Tosos Vyesh,
- 9:09Omrim, shame, Akhilino, Toraq, Adshiyaho, Limkor, Karkota,
- 9:13Bikazi demand a little bit of a very different understanding.
- 9:18It depends how it's a big difference, right?
- 9:21If the value of your property is only going to go down 25%, so
- 9:25then you do have to sell only if the property now you're going to
- 9:29get half the amount or less than half the amount.
- 9:32So then we let you live off with Sedaka.
- 9:35So it's quite a big difference. OK and then once you're yeah,
- 9:42OK, fine. How you Shahar Adam Lokim
- 9:45Bioker, The Who ain't no mode say me Shikakum and everyone
- 9:48else is selling for expensive, but you you can't find anyone to
- 9:52buy from you Ella Bazol for some reason.
- 9:56Again, your property might be always worth less.
- 9:58So you need to have a little bit of of you know if your property
- 10:03is worth less, that doesn't mean you're getting a Bazol.
- 10:06So you just have to use, you know, proper evaluation.
- 10:09But if everyone else you know, per square meter, per view for
- 10:13this, for that, whatever the it's considered, everyone else
- 10:17is getting a great price for it. And for some reason you're just
- 10:21not getting the right price and no one understands why.
- 10:24So then we pinay shahu dahukh vitaraud a mikhayvi no tolinkor
- 10:29also we don't force you to sell and ella oka master ani vahola
- 10:35hachi inkor bishava you can get really you can get even more
- 10:39than half the amount as much as it takes.
- 10:42We don't make you sell the Edu hakoshi Eno dakhuk lincor and
- 10:47also because we don't want people to know oh, this guy is
- 10:50desperate. His this clock is running out.
- 10:52His money is running out. Let's wait till he really gets
- 10:54desperate. It's going to go down even more.
- 10:56No, we tell everyone who's going to keep on eating forever off
- 11:00that sedaka and you can't, you're not going to be able to
- 11:02RIP him off from his property just because he's desperate.
- 11:05OK, Dalit Bal habayit haholek MI makum le makum the Kalu Malta
- 11:11Bader. So here you have a person
- 11:13travelling and he he's doing well.
- 11:16He has a lot of money back home. He's not he's not poor in the
- 11:19slightest. But when he's travelling, the
- 11:23anal Ma Yoko, I guess he doesn't have Internet or a credit card.
- 11:30And those days you run out of cash, you're stuck.
- 11:33Nowadays this usually doesn't apply.
- 11:36But again, it all depends on the situation.
- 11:40The A in law, right? Sometimes the credit card
- 11:41doesn't work right now and you only have one on you.
- 11:43The A in law Ma Yokal, he told Sidaka and you don't have what
- 11:47to eat. So of course, right now you're
- 11:49considered poor because you don't have any money.
- 11:51You're starving and you are and you need a place to sleep.
- 11:54Whatever it is, you're allowed to take Sidaka because she
- 11:57yakzor libeto ain't no high of a Shalim.
- 12:00And when you go back home, you don't need to pay it back
- 12:03because at the time when you took it, I think we saw where
- 12:07we're going to see. Oh, maybe I didn't say it was a
- 12:09shock. Also pointed out that we didn't
- 12:11say, let's say a person was was poor and then he gets a Yerusha
- 12:16after he took Sidaka money. So you don't have to now take
- 12:20yerusha, sell you Yerusha to pay back for Sidaka.
- 12:23Same thing here when a person is poor right now for his
- 12:26situation, even though when he goes back home or he gets to
- 12:30urusha later or he makes money but you don't have to pay back
- 12:33Sidaka money, you have money in your pocket. 200 checks a note
- 12:39in your pocket that you need, which is an exact change in
- 12:44order to buy a. Drink.
- 12:45You say you have you have a credit card or a promissory note
- 12:50or some kind of a some kind of a check, but you can't can't
- 12:54deposit it. It's not usable the way you are
- 12:55now and you're hungry. So that's you're stuck.
- 12:58That's also it's a DACA. How you you know, how much do
- 13:01you take? How do you how do you what do
- 13:02you buy? Do you buy OK, anyway, so, but
- 13:07the the principal is a person like this is a an onion and he
- 13:11doesn't have to pay it back later.
- 13:13Obviously if they Nepal the postgame, I think they point
- 13:17out, but if you have a way to easily borrow money, you have a
- 13:22lot of money, you have a lot of cash in the bank, you have money
- 13:24at home, but right now it's not on you.
- 13:27Ideally, if you have any way to pay with a credit card, a loan
- 13:31or something ATM machine, whatever it is, then you should
- 13:35do that and not take not take Tadaka.
- 13:39OK, OK, she obviously, you know, borrow money might be better.
- 13:44You don't want to lose money on crazy whatever ATM machines,
- 13:48fees, things like that. But OK, Shikola das for all
- 13:51that. But that's that's the idea.
- 13:53The Java Lake Ani the the the sheer because that's just like a
- 13:57person who wasn't ani became rich.
- 13:59Like we mentioned the ain't no Kaya Vashalim.
- 14:01You don't have to pay later on. OK, Hey, me Shapirnis Yatom, a
- 14:06person who was financing an orphan the Haya Mahavin the
- 14:12mitzvah, and he had a mind to give him money as Sadaq al
- 14:15mitzvah to be to help support an orphan who doesn't have Luka
- 14:21Shahid deal. Then later on, he wakes up five
- 14:25years later, whatever it is a year later, 10 years later and
- 14:28the the orphan is no longer a little orphan anymore.
- 14:31He's a big man and Tava Vimenu Marsha Parniso.
- 14:35And he goes to the orphan and say, you know, I supported you
- 14:37for all these years. I gave you, you know, whatever
- 14:3910s of thousands of dollars, Scalia, whatever it was.
- 14:43And look, I see you have a business.
- 14:45I want my money back. So Pattur, the orphan is not
- 14:50high to pay him anything. We, we, that's all.
- 14:53When a person gets as money as Sedaka, then again, that's
- 14:58assuming there's no strings attached.
- 15:00We're going to read the Rama. So then you don't have to pay it
- 15:03back when you get money later again, maybe one should or pay
- 15:10back to another Anita Sedaka, whatever it is.
- 15:13But that's that's not the that's not the letter of the law.
- 15:16He's not Hyatt to pay back Hugga Afilu Hayaloli Atom, the OTA
- 15:22Shah. Even even if the atom did have
- 15:29money in the bank, but it wasn't it wasn't being used and you
- 15:33gave him money to live off of. Even if the honey, the Yatam had
- 15:36some money to live off of. He had a trust fund or whatever,
- 15:40but you gave it to him as Sadaqa for him to.
- 15:43You have to live off of Imlo Shapiro, so then you don't have
- 15:48to. The yatam doesn't have to pay
- 15:49back right? Even if he had assets should
- 15:53dare imlo shapira shudera halva parnassal.
- 16:00Unless when you gave him, you told him that this is a loan and
- 16:04that when you get older then you're going to have to pay me
- 16:06back from your trust fund. You're going to have to pay me
- 16:08back, you know, whatever 10% from your earnings until you pay
- 16:11me back whatever it is then as it was done all tonight.
- 16:15So then of course the Yatom is higher to pay him back.
- 16:18The dafka Yatom as we're talking about Yatom Ava akhir afir will
- 16:24be Stam nami armena and shadera hava asam akhar sheshlana
- 16:28Hassan. Now, when you give money, this
- 16:31is saying when you give money to somebody as Sedaka, but the
- 16:35guy's he's loaded, he's rich or not even loaded.
- 16:37He has money and everyone knows he has money.
- 16:40But you gave him money because right now he needed money.
- 16:43So since you know, he had assets and but right now he needed he
- 16:48needed help. So then the assumption is he
- 16:52gave it to him as a loan and the guy is supposed to pay you back
- 16:57later. But that's if he had money at
- 17:00the time. If the wealthy enough person had
- 17:05money, you lent it to him to get by.
- 17:10You gave him money. You didn't specify it's a loan
- 17:13or it's a DACA. So the assumption is it's a loan
- 17:16by a yatum or by an orphan. Even if he we all know he's he
- 17:20inherited a trust fund, but he's a yatum.
- 17:22So there this this stum without. If he didn't explain, then it
- 17:27was for him to use and not as a loan.
- 17:30OK, Vav ani Shagavulo, the Hashim de Masaro, they collected
- 17:37for a particular onion, right? People went around collecting
- 17:40for a particular reason, for an onion, the Hotel Almashitzari,
- 17:47and they raised right, The goal. You see this many times, there's
- 17:50a crowdfunding, they're trying to raise $10,000 for a person or
- 17:55$100,000. They have their goal and then
- 17:59they end up getting an extra 1050% over what they were asking
- 18:04for. The funds just came in all
- 18:06right, especially if it's not disclosed, but they were what
- 18:11they needed. And then it's easier to collect
- 18:13extra Hamotar Shaloh. So when the Gabite Sidaka
- 18:17collected or that fund collected for one person, it's and it was
- 18:21said it was for this one person and they got extra.
- 18:24So then it belongs this extra, this ani is allowed to keep it.
- 18:28It belongs to him, the EM Gobble anime stum.
- 18:32But if it was at Sedaka organization, that's collecting
- 18:35for some ani and not for one person, well, Tiro and it was
- 18:39extra than what was needed. So then right now they need it
- 18:43for, I don't know, 10 anime, whatever, let's say $10,000.
- 18:47And then it turns out they collected 15,000.
- 18:50They had a they had a fundraising campaign.
- 18:53So there's an, a surplus of 5000.
- 18:55You don't divvy it up among those 10 anem because they don't
- 18:59need it. Yishimurula Anem Maher.
- 19:01And they keep it. And then don't worry, next week,
- 19:03next month, there'll be another, another anem who need the money.
- 19:07So you save it for them. Mecca and Motar Shavoy.
- 19:10La Otto Shavoy. Same thing.
- 19:11They collect money for one captive.
- 19:14What? Musa Musa, That's what I meant
- 19:17to say. OK, motar shoveling, they
- 19:20collected the leftover money that they collected, right?
- 19:23They only needed $100,000 to for ransom and they collected
- 19:27110,000. So that captive, when he comes
- 19:30out, he gets an extra $10,000 pocket pocket change for him to
- 19:34spend. Naim Gavu Shreem Stan.
- 19:38But if they're raising just a for a hostage or captivity,
- 19:42whatever, shoveling in general, not for one person, some or a
- 19:47group of people. Hello to your own.
- 19:49There's extra. So you Shuru tell me Shuim
- 19:51Akhayrim. So then I hope they're not
- 19:54expecting more, but they keep it for extra Shuim in the future,
- 19:59the Hein motar Hamid Liyorsha so there.
- 20:05And then also when there's left, if you collect money for a dead
- 20:08body for the needs and there's for a particular Mace person.
- 20:13Who passed away? So then the inheritors get to
- 20:16keep the extra moats are mateem the mateem.
- 20:19But if it's just in general for mateem, so then the extra goes
- 20:23to other deceased muses. So that if we collect it, the
- 20:26Khabra Khadija has like a sedaka fund for itself.
- 20:29Some do very well without collecting.
- 20:32But let's say they need so then it goes for other Mateem, the
- 20:37IME Rauh Parnasim, Shesh Soraksha, the Ratsu, the Chanel
- 20:43Tarasut be Adam. But the partners team, right
- 20:47when they collect, they're allowed to change the people in
- 20:51charge, they're given certain discretion and they're allowed
- 20:55to change from one reason for another as long as whatever they
- 21:00seem needed, not just to go, you know, for an ice cream party for
- 21:04themselves, unless that's considered perhaps a little bit
- 21:08needed to keep them working. But it's really for for Sedaka.
- 21:14OK, Zion Mao Chagavul epidion. Let's skip Mao Chagavul epidion
- 21:20shoveling. So then you collected for one
- 21:24pidion shoveling Umate. But unfortunately, while they
- 21:28were trying to make this deal to ransom him out, meanwhile, he
- 21:31dies in captivity. So what happens?
- 21:36Yeshmi sha Omar shahim sha Yoshav?
- 21:38Some say it goes to the inheritors, the yeshmi Shawmar
- 21:41shalo zahu vahim Yoshav. And some say no.
- 21:44But he didn't. It was for the shabwe when he
- 21:47was alive. It wasn't for a Dutch shabwe,
- 21:50and he's dead. And it wasn't, it wasn't his
- 21:52yet. So it doesn't go to him.
- 21:57And this second opinion is what makes sense.
- 22:00This is the halacha the Amrinan da tell you because we say this
- 22:05is the da. So when people give money for a
- 22:08captive shaloh hitsandru al daat kah, they gave money for a
- 22:15living captive or a hostage, the not for one who's dead.
- 22:20OK, How that applies, you know, for nowadays it's obviously a
- 22:24discussion. How much do you give for a
- 22:27unfortunate, a dead captive? How much do you risk?
- 22:30OK, Vu Adin Lenitama also a person who gets hidden or lost.
- 22:37What does that mean? It means what non from It means
- 22:43you, you become assimilated. You loses his Jewish identity,
- 22:48right? It's from the Lushan of Nitman.
- 22:51But it's OK then the Nitman Hashavui Benagoyan Kodem
- 22:56Sheniftef a person he's been in captivity for so long, and now
- 23:00he no longer really cares to live a Jewish life.
- 23:03So then you all you we also don't the money doesn't go for
- 23:09him anymore. OK, The Ruadin IM nadar ekhad
- 23:14liya tomama otla See a person makes the Ned there to give
- 23:18money to an to a girl an orphan to the money so that she can get
- 23:23married umeta. But then she dies somehow.
- 23:27The little Zaku Bahama Yoshim, the yoshim of this girl do not
- 23:31get it. Because that's not what his das
- 23:34was. And it wasn't.
- 23:35She did not get the money yet. That wasn't his das.
- 23:39Umil Poseman she hi. As long as she's alive, Haim Shi
- 23:43yatoma, the money belongs to her.
- 23:45Can't be for something else. But sorry, Khatet la Miad and he
- 23:48has to give it to her immediately.
- 23:50The EIN mamtinim adness. Well, we don't wait for her to
- 23:54get married because it's for her to use.
- 23:56We don't say, oh, she only gets the money after unless he
- 23:59stipulates otherwise. He right, he has to give the
- 24:02money right away. The mate I'm not closing.
- 24:04But then if she dies, even if she gets the money, the money
- 24:08goes back to her. So it's like Kilo out tonight.