what is a alm

com Strong's Exhaustive Concordance alms. From eleos; compassionateness, i.e. (as exercised towards the poor) beneficence, or (concretely) a benefaction -- alms (-deeds).

Strong's Concordanceeleémosuné: mercy, pity, spec. alms Original Word: ἐλεημοσύνη, ῆς, ἡPart of Speech: Noun, Feminine Transliteration: eleémosuné Phonetic Spelling: (el-eh-ay-mos-oo'-nay) Short Definition: alms-giving, charity Definition: abstr: alms-giving, charity; concr: alms, charity.

NAS Exhaustive Concordance Word Origin from eleos Definition mercy, pity, spec. alms NASB Translation alms (7), charity (3), giving (1).

NAS Exhaustive Concordance of the Bible with Hebrew-Aramaic and Greek Dictionaries Copyright © 1981, 1998 by The Lockman Foundation All rights reserved Lockman.org Thayer's Greek Lexicon STRONGS NT 1654: ἐλεημοσύνηἐλεημοσύνη, ἐλεημοσύνης, ἡ ( ἐλεήμων ), the Sept. for חֶסֶד and צְדָקָה (see δικαιοσύνη, 1 b.);1. mercy, pity ( Callimachus () in Del. 152; Isaiah 38:18; Sir. 17:22 ( ), etc. ), especially as exhibited in giving alms, charity: Matthew 6:4; ποιεῖνἐλεημοσύνην, to practise the virtue of mercy or beneficence, to show one's compassion ( A. V. do alms) (cf.

the similar phrases δικαιοσύνην, ἀλήθειαν, etc. ποιεῖν ), Matthew 6:1 Rec., 2, 3, (Sir. 7:10; Tobit 4:7 Tobit 12:8, etc.

; for חֶסֶדעָשָׂה, Genesis 47:29 ); ἐλεημοσύνας, acts of beneficence, benefactions (cf. Winer s Grammar, 176 (166); Buttmann, 77 (67)), Acts 10:2; εἰς τινα, Acts 24:17. Hence,2. the benefaction itself, a donation to the poor, alms (the German Almosen (and the English alms) being (alike) a corruption of the Greek word): ἐλεημοσύνην διδόναι ( ( ( Diogenes Laërtius 5, 17)), Luke 11:41; Luke 12:33; αἰτεῖν, Acts 3:2; λαμβάνειν, Acts 3:3; πρός τήνἐλεημοσύνην for (the purpose of asking) alms, Acts 3:10; plural, Acts 9:36; Acts 10:4, 31. THAYER'S GREEK LEXICON, Electronic Database. Copyright © 2002, 2003, 2006, 2011 by Biblesoft, Inc. All rights reserved. Used by permission. Bible Soft.

see GREEK eleos Forms and Transliterations ελεημοσυναι ελεημοσύναι ἐλεημοσύναι ελεημοσύναις ελεημοσυνας ελεημοσύνας ἐλεημοσύνας ελεημοσυνη ελεημοσύνη ἐλεημοσύνη ελεημοσυνην ελεημοσύνην ἐλεημοσύνην ελεημοσύνης ελεημοσυνων ελεημοσυνών ἐλεημοσυνῶν eleemosunai eleēmosunai eleemosunas eleēmosunas eleemosune eleēmosunē eleemosunen eleēmosunēn eleemosunon eleēmosunōn eleemosynai eleemosýnai eleēmosynai eleēmosýnai eleemosynas eleemosýnas eleēmosynas eleēmosýnas eleemosyne eleemosýne eleēmosynē eleēmosýnē eleemosynen eleemosýnen eleēmosynēn eleēmosýnēn eleemosynon eleemosynôn eleēmosynōn eleēmosynō̂n Links Interlinear Greek • Interlinear Hebrew • Strong's Numbers • Englishman's Greek Concordance • Englishman's Hebrew Concordance • Parallel Texts

"Belief | Worship | Fasting | Almsgiving | Pilgrimage Almsgiving (Zakat) The fourth Pillar of Islam is to give alms to the poor. Muslims are supposed to donate a fixed amount of their property to charity every year. Many pious individuals, from the mightiest rulers to modest merchants, give money to help out the less-fortunate by establishing soup kitchens, hospitals, schools, libraries, mosques, and the like.

One of the most common forms of charity in medieval Islamic cities was to establish a public drinking fountain, where fresh, sweet water was distributed freely to all passers-by.

Such a drinking fountain was commonly known as a sabil, from the common Arabic expression fi sabil allah, literally meaning ""in the path of God"" and referring to doing something for God charitably or disinterestedly. "

Alms Smith's Bible Dictionary The duty of alms-giving, especially in kind, consisting chiefly in portions to be left designedly from produce of the field, the vineyard and the oliveyard, (Leviticus 19:9,10; 23:22; 15:11; 24:19; 26:2-13; Ruth 2:2) is strictly enjoined by the law.

Alms

Every third year also, (14:28) each proprietor was directed to share the tithe of his produce with ""the Levite, the stranger, the fatherless and the widow.""

The theological estimate of alms-giving among the Jews is indicated in the following passages: (Job 31:17; Proverbs 10:2; 11:4; Esther 9:22; Psalms 112:9; Acts 9:36) the case of Dorcas; (Acts 10:2) of Cornelius; to which may be added Tobit 4:10,11; 14:10,11, and Ecclus.

3:30; 40:24. The Pharisees were zealous in almsgiving, but too ostentatious their mode of performance, for which our Lord finds fault with them. (Matthew 6:2) The duty of relieving the poor was not neglected by the Christians. (Matthew 6:1-4; Luke 14:13; Acts 20:35; Galatians 2:10) Regular proportionate giving was expected.

(Acts 11:30; Romans 15:25-27; 1 Corinthians 16:1-4)Easton's Bible Dictionary Not found in the Old Testament, but repeatedly in the New. The Mosaic legislation (Lev. 25:35; Deut. 15:7) tended to promote a spirit of charity, and to prevent the occurrence of destitution among the people.

Such passages as these, Ps. 41:1; 112:9; Prov. 14:31; Isa. 10:2; Amos 2:7; Jer. 5:28; Ezek. 22:29, would also naturally foster the same benevolent spirit. In the time of our Lord begging was common (Mark 10:46; Acts 3:2). The Pharisees were very ostentatious in their almsgivings (Matt.

6:2). The spirit by which the Christian ought to be actuated in this duty is set forth in 1 John 3:17. A regard to the state of the poor and needy is enjoined as a Christian duty (Luke 3:11; 6:30; Matt.

6:1; Acts 9:36; 10:2, 4), a duty which was not neglected by the early Christians (Luke 14:13; Acts 20:35; Gal. 2:10; Rom. 15:25-27; 1 Cor. 16:1-4). They cared not only for the poor among themselves, but contributed also to the necessities of those at a distance (Acts 11:29; 24:17; 2 Cor. 9:12). Our Lord and his attendants showed an example also in this (John 13:29). In modern times the ""poor-laws"" have introduced an element which modifies considerably the form in which we may discharge this Christian duty. "

Alms-giving is held as a noble deed in Hinduism, to be done without expectation of any return from those who receive the charity. [31] Some texts reason, referring to the nature of social life, that charity is a form of good karma that affects one's future circumstances and environment, and that good charitable deeds leads to good future life because of the reciprocity principle.

Alms

"From Wikipedia, the free encyclopedianavigation search For other uses, see Alms (disambiguation). Woman giving alms by János Thorma Alms ( / ɑː m z /, / ɑː l m z /) or almsgiving involves giving to others as an act of virtue, either materially or in the sense of providing capabilities (e.g.

education) free. It exists in a number of religions and regions. The word, in the modern English language, comes from the Old English ælmesse, ælmes, from Late Latineleemosyna, from Greek ἐλεημοσύνη eleēmosynē (""pity, alms""), from ἐλεήμων, eleēmōn (""merciful""), from ἔλεος, eleos (""pity""). Contents [ hide ]1 Judaism2 Islam3 Buddhism4 Christianity5 Hinduism6 See also7 Notes8 References9 Bibliography Judaism [ edit]Main article: Tzedakah Sandstone vestige of a Jewish gravestone depicting a Tzedakah box (pushke). Jewish cemetery in Otwock (Karczew-Anielin), Poland. Tzedakah pouch and gelt ( Yiddish for coins/money) on fur-like padding.

In Judaism, tzedakah - a Hebrew term literally meaning righteousness but commonly used to signify charity [1] - refers to the religious obligation to do what is right and just. [2] Contemporary tzedakah is regarded as a continuation of the Biblical Maaser Ani, or poor-tithe, as well as Biblical practices including permitting the poor to glean the corners of a field, harvest during the Shmita (Sabbatical year), and other practices. Tzedakah, along with prayer and repentance, is regarded as ameliorating the consequences of bad acts.

In Judaism, Tzedakah (charity) is seen as one of the greatest deeds that man can do. [3] Jewish farmers are commanded to leave the corners of their fields for the starving to harvest for food and are forbidden to pick up any grain that has been dropped during harvesting, as such food shall be left for the starving as well.

Famous Jewish scholar and sage Maimonides has been noted for creating a list of charity, with the most righteous form being allowing an individual to become self-sustaining and capable of giving others charity.

[4]1) Enabling the recipient to become self-reliant2) Giving when neither party knows the other's identity3) Giving when you know the recipient's identity, but the recipient doesn't know your identity4) Giving when you do not know the recipient's identity, but the recipient knows your identity5) Giving before being asked6) Giving after being asked7) Giving less than you should, but giving it cheerfully8) Giving begrudgingly Islam [ edit]In Islam, the concept of charitable giving is generally divided into voluntary giving, or Sadaqah, and the Zakat, an obligatory practice governed by a specific set of rules within Islamic jurisprudence, and intended to fulfill a well defined set of theological and social requirements.

For that reason, while Zakat plays a much larger role within Islamic charity, Sadaqah is possibly a better translation of Christian influenced formulations of the notion of 'alms'.

Zakat is the third of the five pillars of Islam. [5] [6] Various rules attach to the practice but, in general terms, it is obligatory to give 2.5% of one's savings and business revenue and 5–10% of one's harvest to the poor. Possible recipients include the destitute, the working poor, those who are unable to pay off their own debts, stranded travelers and others who need assistance, with the general principle of zakaah always being that the rich should pay it to the poor.

One of the most important principles of Islam is that all things belong to God and, therefore, wealth is held by human beings in trust.

The literal meaning of the word Zakat is ""to purify"", ""to develop"" and ""cause to grow"". According to Shariah it is an act of worship.

Our possessions are purified by setting aside a proportion for those in need. This cutting back, like the pruning of plants, balances and encourages new growth. Zakat is the amount of money that every adult, mentally stable, free, and financially able Muslim, male or female, has to pay to support specific categories of people.

This category of people is defined in surah at-Taubah (9) verse 60: ""The alms are only for the poor and the needy, and those who collect them, and those whose hearts are to be reconciled, and to free the captives and the debtors, and for the cause of Allah, and (for) the wayfarers; a duty imposed by Allah.

Allah is knower, Wise."" (The Holy Qur'an 9:60). The obligatory nature of Zakat is firmly established in the Qur'an, the Sunnah (or hadith), and the consensus of the companions and the Muslim scholars. Allah states in Surah at-Taubah verses 34–35: ""O ye who believe! there are indeed many among the priests and anchorites, who in Falsehood devour the substance of men and hinder (them) from the way of Allah.

And there are those who bury gold and silver and spend it not in the way of Allah. announce unto them a most grievous penalty – On the Day when heat will be produced out of that (wealth) in the fire of Hell, and with it will be branded their foreheads, their flanks, and their backs, their flanks, and their backs.- ""This is the (treasure) which ye buried for yourselves: taste ye, then, the (treasures) ye buried!""

(The Holy Qur'an 9:34–35). Muslims of each era have agreed upon the obligatory nature of paying Zakat for gold and silver, and from those the other kinds of currency.

Zakat is obligatory when a certain amount of money, called the nisab is reached or exceeded. Zakat is not obligatory if the amount owned is less than this nisab. The nisab (or minimum amount) of gold and golden currency is 20 mithqal, approximately 85 grams of pure gold. One mithqal is approximately 4.25 grams. The nisab of silver and silver currency is 200 dirhams, which is approximately 595 grams of pure silver.

The nisab of other kinds of money and currency is to be scaled to that of gold; the nisab of money is equivalent to the price of 85 grams of 999-type (pure) gold, on the day in which Zakat is paid. Zakat is obligatory after the money has been in the control of its owner for the span of one lunar year.

Then the owner needs to pay 2.5% (or 1/40) of the money as Zakat. (A lunar year is approximately 355 days). The owner should deduct any amount of money he or she borrowed from others; then check if the rest reaches the necessary nisab, then pays Zakat for it. If the owner had enough money to satisfy the nisab at the beginning of the year, but his wealth in any form increased, the owner needs to add the increase to the nisab amount owned at the beginning of the year, then pay Zakat, 2.5%, of the total at the end of the lunar year.

There are minor differences between fiqh school on how this is to be calculated. Each Muslim calculates his or her own Zakat individually.

For most purposes, this involves the payment each year of two and a half percent of one's capital. A pious person may also give as much as he or she pleases as sadaqa, and does so preferably in secret. Although this word can be translated as 'voluntary charity' it has a wider meaning. The Prophet said 'Even meeting your brother with a cheerful face is charity.

'The Prophet said: 'Charity is a necessity for every Muslim.' He was asked: 'What if a person has nothing?' The Prophet replied: 'He should work with his own hands for his benefit and then give something out of such earnings in charity.'

The Companions asked: 'What if he is not able to work?' The Prophet said: 'He should help poor and needy persons.' The Companions further asked 'What if he cannot do even that?' The Prophet said 'He should urge others to do good.'

The Companions said 'What if he lacks that also?' The Prophet said 'He should check himself from doing evil. That is also charity. 'Buddhism [ edit]See also: Dāna Almsbowl as used by bhikkhus for going on almsround. Three monks seeking alms in Lhasa, Tibet. 1993. In Buddhism, alms or almsgiving is the respect given by a lay Buddhist to a Buddhist monk, nun, spiritually-developed person or other sentient being.

It is not charity as presumed by Western interpreters. It is closer to a symbolic connection to the spiritual realm and to show humbleness and respect in the presence of the secular society.

[note 1] The act of alms giving assists in connecting the human to the monk or nun and what he/she represents. As the Buddha has stated: Householders & the homeless or charity [monastics] in mutual dependence both reach the true Dhamma....— Itivuttaka 4.7 [7] [note 2]In Theravada Buddhism, nuns ( Pāli: bhikkhunis) and monks ( Pāli: bhikkhus) go on a daily almsround ( pindacara) to collect food ( piṇḍapāta ).

This is often perceived as giving the laypeople the opportunity to make merit (Pāli: puñña ). Money cannot be accepted by a Theravadan Buddhist monk or nun in lieu of or in addition to food, as the Patimokkha training rules make it an offence worth forfeiture and confession. [8]In countries that follow Mahayana Buddhism, the practice of a daily alms round has mostly died out.

In China, Korea and Japan, local cultures resisted the idea of giving food to 'begging' clerics, and there was no tradition of gaining 'merit' by donating to practitioners. After periods of persecution, monasteries were situated in remote mountain areas in which the distance between the monastery and the nearest towns would make a daily alms round impossible. In Japan, the practice of a weekly or monthly takuhatsu replaced the daily round. In the Himalayan countries, the large number of bikshus would have made an almsround a heavy burden on families.

Competition with other religions for support also made daily almsrounds difficult and even dangerous; the first Buddhist monks in the Silla dynasty of Korea were said to be beaten due to their minority at the time. [ citation needed]In Buddhism, both ""almsgiving"" and, more generally, ""giving"" are called "" dāna "" (Pāli).

[9] Such giving is one of the three elements of the path of practice as formulated by the Buddha for laypeople.

This path of practice for laypeople is: dāna, sīla, bhāvanā. [10]The paradox in Buddhism is that the more a person gives – and the more one gives without seeking something in return – the wealthier (in the broadest sense of the word) one will become. [ citation needed] By giving one destroys those acquisitive impulses that ultimately lead to further suffering. Generosity is also expressed towards other sentient beings as both a cause for merit and to aid the receiver of the gift. In Mahayana Tradition it is accepted that although the three jewels of refuge are the basis of the greatest merit, by seeing other sentient beings as having Buddhanature and making offerings towards the aspirational Buddha to be within them is of equal benefit.

Generosity towards other sentient beings is greatly emphasised in Mahayana as one of the perfections ( paramita) as shown in Lama Tsong Khapa's 'The Abbreviated Points of the Graded Path' (Tibetan: lam-rim bsdus-don ): Total willingness to give is the wish-granting gem for fulfilling the hopes of wandering beings.

It is the sharpest weapon to sever the knot of stinginess. It leads to bodhisattva conduct that enhances self-confidence and courage, And is the basis for universal proclamation of your fame and repute.

Realizing this, the wise rely, in a healthy manner, on the outstanding path Of (being ever-willing) to offer completely their bodies, possessions, and positive potentials.

The ever-vigilant lama has practiced like that. If you too would seek liberation, Please cultivate yourself in the same way. [11]In Buddhism, giving of alms is the beginning of one's journey to Nirvana (Pali: nibbana ). In practice, one can give anything with or without thought for Nibbana.

This would lead to faith (Pali: saddha ), one key power (Pali: bala) that one should generate within oneself for the Buddha, Dhamma and Sangha. The motives behind giving play an important role in developing spiritual qualities. The suttas record various motives for exercising generosity.

For example, the Anguttara Nikaya (A.iv,236) enumerates the following eight motives: [12]Asajja danam deti: one gives with annoyance, or as a way of offending the recipient, or with the idea of insulting him. Bhaya danam deti: fear also can motivate a person to make an offering. Adasi me ti danam deti: one gives in return for a favor done to oneself in the past.

Dassati me ti danam deti: one also may give with the hope of getting a similar favor for oneself in the future. Sadhu danan ti danam deti: one gives because giving is considered good. Aham pacami, ime ne pacanti, na arahami pacanto apacantanam adatun ti danam deti: ""I cook, they do not cook. It is not proper for me who cooks not to give to those who do not cook."" Some give urged by such altruistic motives. Imam me danam dadato kalyano kittisaddo abbhuggacchati ti danam deti: some give alms to gain a good reputation. Cittalankara-cittaparikkarattham danam deti: still others give alms to adorn and beautify the mind. According to the Pali canon: Of all gifts [alms], the gift of Dhamma is the highest.— Dhp. XXIV v. 354) [note 3]Christianity [ edit]Alms bag taken from a tapestry in Orléans, fifteenth century

The giving of alms is an act of charity toward those less fortunate. In the Apostolic age, Christians were taught that giving alms was an expression of love which was first expressed by God to them in that Jesus sacrificed himself as an act of love for the salvation of believers.

[14] The offertory is the traditional moment in Roman Catholic Mass, Anglican Eucharist, and Lutheran Divine Services when alms are collected. Some Protestant groups, such as Baptists or Methodists, also engage in alms, although it is more commonly referred to as "" tithes and offerings"" by the church. Some fellowships practice regular giving for special purposes called Love Offerings for the poor, destitute or victims of catastrophic loss such as home fires or medical expenses.

Traditionally, Deacons and Deaconesses are responsible for distributing these gifts among widows, orphans, and others in need. Many Christians support a plethora of charitable organizations not all of which claim a Christian religious affiliation. Many American Educational and Medical Institutions were founded by Christian fellowships giving alms.

Collecting the Offering in a Scottish Kirk by John Phillip In the Eastern Orthodox Church and the Eastern Catholic Churches, the collection of alms and tithes has not been formally united to the offertory in any liturgical action.

However, either having a collection plate in the narthex or passing it unobtrusively during the service is not uncommon. In Orthodox theology, almsgiving is an important part of the spiritual life, and fasting should always be accompanied by increased prayer and almsgiving. [15] Almsgiving in the name of the deceased also frequently accompanies prayer for the dead. Those whose financial circumstances do not permit the giving of monetary alms may give alms in other ways, such as intercessory prayer and acts of mercy.

In the majority of Christian forms of worship and denominations, a collection of ""tithes and offerings"" is given for the support of the church's mission, budget, ministry, and for its relief of the poor, as an important act of Christian charity, united to communal prayer.

In some churches the ""offering plate"" or ""offering basket"" is placed upon the altar, as a sign that the offering is made to God, and a sign of the bond of Christian love.

[note 4] In addition, private acts of charity, considered virtuous only if not done for others to admire, are seen as a Christian duty.

Be careful not to do your 'acts of righteousness' in front of others, to be seen by them. If you do, you will have no reward from your Father in heaven.— Matthew 6:1The outward and an inward giving of alms: Here Jesus places the primary focus on the motives behind such acts, which should be love.

Rather, give as alms what is inside, and then everything will be clean for you!— Luke 11:41Jesus commends this poor but generous woman. Giving of the rich versus the poor: Here Jesus contrasts the giving of the rich and the poor He looked up and saw the rich putting their gifts into the treasury.

And He saw a poor widow putting in two small copper coins. And He said, 'Truly I say to you, this poor widow put in more than all of them; for they all out of their surplus put into the offering; but she out of her poverty put in all that she had to live on.

'— Luke 21:1–4Giving out of Love and not out of duty: He will reply, 'I tell you the truth, whatever you did not do for one of the least of these, you did not do for me. '— Matthew 25:45Hinduism [ edit]Main article: Dāna Lady giving alms at the Temple, by Raja Ravi Varma, (1848–1906)Dāna (Sanskrit: दान) is an ancient concept of alms-giving dating to the Vedic period of Hinduism.

[16] The word for alms in Vedic literature is Bhiksha (भिक्षा). [17] [18] The Rigveda has the earliest discussion of dāna in the Vedas and offers reasons for the virtue of alms-giving.

[19]The Gods have not ordained hunger to be our death: even to the well-fed man comes death in varied shape, The riches of the liberal never waste away, while he who will not give finds none to comfort him, The man with food in store who, when the needy comes in miserable case begging for bread to eat, Hardens his heart against him, when of old finds not one to comfort him.

Bounteous is he who gives unto the beggar who comes to him in want of food, and the feeble, Success attends him in the shout of battle. He makes a friend of him in future troubles, No friend is he who to his friend and comrade who comes imploring food, will offer nothing.

Let the rich satisfy the poor implorer, and bend his eye upon a longer pathway, Riches come now to one, now to another, and like the wheels of cars are ever rolling, The foolish man wins food with fruitless labour: that food – I speak the truth – shall be his ruin, He feeds no trusty friend, no man to love him.

All guilt is he who eats with no partaker.— Rigveda, X.117, [20]The early Upanishads, those composed before 500 BCE, also discuss the virtue of alms-giving. Brihadaranyaka Upanishad, in verse 5.2.3 for example, states that three characteristics of a good, developed person are self-restraint (damah), compassion or love for all sentient life (daya), and charity (dāna).

[21] [22] [23] Chandogya Upanishad, Book III, similarly, states that a virtuous life requires: tapas (meditation, asceticism), dāna (charity), arjava (straightforwardness, non-hypocrisy), ahimsa (non-violence, non-injury to all sentinent beings) and satyavacana (truthfulness). [24] [25] [26]Bhagavad Gita describes the right and wrong forms of dāna in verses 17.20 through 17.22.

[27] The Adi Parva of the Hindu Epic Mahabharata, in Chapter 91, states that a person must first acquire wealth by honest means, then embark on charity; be hospitable to those who come to him; never inflict pain on any living being; and share a portion with others whatever he consumes.

[28] In the Vana Parva, Chapter 194, the Mahabharata recommends that one must, ""conquer the mean by charity, the untruthful by truth, the wicked by forgiveness, and dishonesty by honesty"". [29] The Bhagavata Purana discusses when dāna is proper and when it is improper. In Book 8, Chapter 19, verse 36 it states that charity is inappropriate if it endangers and cripples modest livelihood of one's biological dependents or of one’s own.

Charity from surplus income above that required for modest living is recommended in the Puranas. [30]Dāna has been defined in traditional texts as any action of relinquishing the ownership of what one considered or identified as one's own, and investing the same in a recipient without expecting anything in return.

[31] While dāna is typically given to one person or family, Hinduism also discusses charity or giving aimed at public benefit, sometimes called utsarga. This aims at larger projects such as building a rest house, school, drinking water or irrigation well, planting trees, and building care facility among others.

[32]Abū Rayḥān al-Bīrūnī, the 11th century Persian historian, who visited and lived in India for 16 years from about 1017 CE, mentions the practice of charity and almsgiving among Hindus as he observed during his stay. He wrote, ""It is obligatory with them (Hindus) every day to give alms as much as possible."" [33]After the taxes, there are different opinions on how to spend their income. Some destine one-ninth of it for alms. [34] Others divide this income (after taxes) into four portions. One fourth is destined for common expenses, the second for liberal works of a noble mind, the third for alms, and the fourth for being kept in reserve.— Abū Rayḥān al-Bīrūnī, Tarikh Al-Hind, 11th century AD [33]

The giving of alms is an act of charity toward those less fortunate. In the Apostolic age, Christians were taught that giving alms was an expression of love which was first expressed by God to them in that Jesus sacrificed himself as an act of love for the salvation of believers.

Alms

"From Wikipedia, the free encyclopedianavigation search For other uses, see Alms (disambiguation). Woman giving alms by János Thorma Alms ( / ɑː m z /, / ɑː l m z /) or almsgiving involves giving to others as an act of virtue, either materially or in the sense of providing capabilities (e.g.

In Judaism, Tzedakah (charity) is seen as one of the greatest deeds that man can do. [3] Jewish farmers are commanded to leave the corners of their fields for the starving to harvest for food and are forbidden to pick up any grain that has been dropped during harvesting, as such food shall be left for the starving as well.

Famous Jewish scholar and sage Maimonides has been noted for creating a list of charity, with the most righteous form being allowing an individual to become self-sustaining and capable of giving others charity.

For that reason, while Zakat plays a much larger role within Islamic charity, Sadaqah is possibly a better translation of Christian influenced formulations of the notion of 'alms'.

One of the most important principles of Islam is that all things belong to God and, therefore, wealth is held by human beings in trust.

The literal meaning of the word Zakat is ""to purify"", ""to develop"" and ""cause to grow"". According to Shariah it is an act of worship.

Our possessions are purified by setting aside a proportion for those in need. This cutting back, like the pruning of plants, balances and encourages new growth. Zakat is the amount of money that every adult, mentally stable, free, and financially able Muslim, male or female, has to pay to support specific categories of people.

This category of people is defined in surah at-Taubah (9) verse 60: ""The alms are only for the poor and the needy, and those who collect them, and those whose hearts are to be reconciled, and to free the captives and the debtors, and for the cause of Allah, and (for) the wayfarers; a duty imposed by Allah.

(The Holy Qur'an 9:34–35). Muslims of each era have agreed upon the obligatory nature of paying Zakat for gold and silver, and from those the other kinds of currency.

The nisab of other kinds of money and currency is to be scaled to that of gold; the nisab of money is equivalent to the price of 85 grams of 999-type (pure) gold, on the day in which Zakat is paid. Zakat is obligatory after the money has been in the control of its owner for the span of one lunar year.

There are minor differences between fiqh school on how this is to be calculated. Each Muslim calculates his or her own Zakat individually.

For most purposes, this involves the payment each year of two and a half percent of one's capital. A pious person may also give as much as he or she pleases as sadaqa, and does so preferably in secret. Although this word can be translated as 'voluntary charity' it has a wider meaning. The Prophet said 'Even meeting your brother with a cheerful face is charity.

'The Prophet said: 'Charity is a necessity for every Muslim.' He was asked: 'What if a person has nothing?' The Prophet replied: 'He should work with his own hands for his benefit and then give something out of such earnings in charity.'

The Companions asked: 'What if he is not able to work?' The Prophet said: 'He should help poor and needy persons.' The Companions further asked 'What if he cannot do even that?' The Prophet said 'He should urge others to do good.'

It is not charity as presumed by Western interpreters. It is closer to a symbolic connection to the spiritual realm and to show humbleness and respect in the presence of the secular society.

Competition with other religions for support also made daily almsrounds difficult and even dangerous; the first Buddhist monks in the Silla dynasty of Korea were said to be beaten due to their minority at the time. [ citation needed]In Buddhism, both ""almsgiving"" and, more generally, ""giving"" are called "" dāna "" (Pāli).

[9] Such giving is one of the three elements of the path of practice as formulated by the Buddha for laypeople.

Generosity towards other sentient beings is greatly emphasised in Mahayana as one of the perfections ( paramita) as shown in Lama Tsong Khapa's 'The Abbreviated Points of the Graded Path' (Tibetan: lam-rim bsdus-don ): Total willingness to give is the wish-granting gem for fulfilling the hopes of wandering beings.

It is the sharpest weapon to sever the knot of stinginess. It leads to bodhisattva conduct that enhances self-confidence and courage, And is the basis for universal proclamation of your fame and repute.

Realizing this, the wise rely, in a healthy manner, on the outstanding path Of (being ever-willing) to offer completely their bodies, possessions, and positive potentials.

The ever-vigilant lama has practiced like that. If you too would seek liberation, Please cultivate yourself in the same way. [11]In Buddhism, giving of alms is the beginning of one's journey to Nirvana (Pali: nibbana ). In practice, one can give anything with or without thought for Nibbana.

This would lead to faith (Pali: saddha ), one key power (Pali: bala) that one should generate within oneself for the Buddha, Dhamma and Sangha. The motives behind giving play an important role in developing spiritual qualities. The suttas record various motives for exercising generosity.

For example, the Anguttara Nikaya (A.iv,236) enumerates the following eight motives: [12]Asajja danam deti: one gives with annoyance, or as a way of offending the recipient, or with the idea of insulting him. Bhaya danam deti: fear also can motivate a person to make an offering. Adasi me ti danam deti: one gives in return for a favor done to oneself in the past.

The giving of alms is an act of charity toward those less fortunate. In the Apostolic age, Christians were taught that giving alms was an expression of love which was first expressed by God to them in that Jesus sacrificed himself as an act of love for the salvation of believers.

Traditionally, Deacons and Deaconesses are responsible for distributing these gifts among widows, orphans, and others in need. Many Christians support a plethora of charitable organizations not all of which claim a Christian religious affiliation. Many American Educational and Medical Institutions were founded by Christian fellowships giving alms.

Collecting the Offering in a Scottish Kirk by John Phillip In the Eastern Orthodox Church and the Eastern Catholic Churches, the collection of alms and tithes has not been formally united to the offertory in any liturgical action.

In the majority of Christian forms of worship and denominations, a collection of ""tithes and offerings"" is given for the support of the church's mission, budget, ministry, and for its relief of the poor, as an important act of Christian charity, united to communal prayer.

In some churches the ""offering plate"" or ""offering basket"" is placed upon the altar, as a sign that the offering is made to God, and a sign of the bond of Christian love.

[note 4] In addition, private acts of charity, considered virtuous only if not done for others to admire, are seen as a Christian duty.

Be careful not to do your 'acts of righteousness' in front of others, to be seen by them. If you do, you will have no reward from your Father in heaven.— Matthew 6:1The outward and an inward giving of alms: Here Jesus places the primary focus on the motives behind such acts, which should be love.

Rather, give as alms what is inside, and then everything will be clean for you!— Luke 11:41Jesus commends this poor but generous woman. Giving of the rich versus the poor: Here Jesus contrasts the giving of the rich and the poor He looked up and saw the rich putting their gifts into the treasury.

And He saw a poor widow putting in two small copper coins. And He said, 'Truly I say to you, this poor widow put in more than all of them; for they all out of their surplus put into the offering; but she out of her poverty put in all that she had to live on.

[16] The word for alms in Vedic literature is Bhiksha (भिक्षा). [17] [18] The Rigveda has the earliest discussion of dāna in the Vedas and offers reasons for the virtue of alms-giving.

Bounteous is he who gives unto the beggar who comes to him in want of food, and the feeble, Success attends him in the shout of battle. He makes a friend of him in future troubles, No friend is he who to his friend and comrade who comes imploring food, will offer nothing.

Let the rich satisfy the poor implorer, and bend his eye upon a longer pathway, Riches come now to one, now to another, and like the wheels of cars are ever rolling, The foolish man wins food with fruitless labour: that food – I speak the truth – shall be his ruin, He feeds no trusty friend, no man to love him.

[27] The Adi Parva of the Hindu Epic Mahabharata, in Chapter 91, states that a person must first acquire wealth by honest means, then embark on charity; be hospitable to those who come to him; never inflict pain on any living being; and share a portion with others whatever he consumes.

Charity from surplus income above that required for modest living is recommended in the Puranas. [30]Dāna has been defined in traditional texts as any action of relinquishing the ownership of what one considered or identified as one's own, and investing the same in a recipient without expecting anything in return.

[31] While dāna is typically given to one person or family, Hinduism also discusses charity or giving aimed at public benefit, sometimes called utsarga. This aims at larger projects such as building a rest house, school, drinking water or irrigation well, planting trees, and building care facility among others.

Wiktionary (0.00 / 0 votes)Rate this definition:benefaction (Noun)An act of doing good; a benefit, a blessing.benefaction (Noun)An act of charity; almsgiving. Origin: From benefactionem, from benefacere.

Definitions &Translations

"Vocabulary What does benefaction mean? Definitions for benefactionˈbɛn əˌfæk ʃən, ˌbɛn əˈfæk-Here are all the possible meanings and translations of the word benefaction. Princeton's Word Net (0.00 / 0 votes)Rate this definition:benefaction (noun)a contribution of money or assistancebenevolence, benefaction (noun)an act intending or showing kindness and good will

Webster Dictionary (0.00 / 0 votes)Rate this definition: Benefaction (noun)the act of conferring a benefit Benefaction (noun)a benefit conferred; esp. a charitable donation Chambers 20th Century Dictionary (0.00 / 0 votes)Rate this definition: Benefactionben-e-fak′shun, n. the act of doing good: a good deed done or benefit conferred: a grant or endowment.— n. Benefac′tor, one who gives a benefit to another, esp.

one who leaves a legacy to some charitable or religious institution, a patron:— fem. Benefac′tress .— adj. Benefac′tory. [L. benefaction-em . ]Numerology Chaldean Numerology The numerical value of benefaction in Chaldean Numerology is: 1Pythagorean Numerology The numerical value of benefaction in Pythagorean Numerology is: 4Images & Illustrations of benefaction Translations for benefaction From our Multilingual Translation Dictionaryблагодеяние, благотворителност Bulgariandobrodiní Czechfoayr Manxbeneficium Latindobročinstvo Serbo-Croatian Get even more translations for benefaction »Translation Find a translation for the benefaction definition in other languages: Select another language: Discuss these benefaction definitions with the community: Word of the Day Would you like us to send you a FREE new word definition delivered to your inbox daily?

Please enter your email address: Subscribe Citation Use the citation below to add this definition to your bibliography: Style: MLA Chicago APA""benefaction."" Definitions.net. STANDS4 LLC, 2018. Web. 6 Apr. 2018. < https://www.definitions.net/definition/benefaction >. Are we missing a good definition for benefaction? Don't keep it to yourself... Submit Definition "

omnoun, plural charities.1. generous actions or donations to aid the poor, ill, or helpless: to devote one's life to charity.2. something given to a person or persons in need; alms: She asked for work, not charity.3. a charitable act or work.

charity

"charity [ char -i-tee]Spell Syllables Synonyms Examples Word Origin See more synonyms on Thesaurus.c

4. a charitable fund, foundation, or institution: He left his estate to a charity.5. benevolent feeling, especially toward those in need or in disfavor: She looked so poor that we fed her out of charity.6. leniency in judging others; forbearance: She was inclined to view our selfish behavior with charity.7.

Christian love; agape. Origin of charity Expand Middle English Old French Latin1125-11751125-75; Middle English charite < Old French < Latincāritāt- (stem of cāritās ), equivalent to cār (us) dear (akin to caress, cherish, Kama, whore) + -itāt- -ity Related forms Expandcharityless, adjectiveovercharity, nounprocharity, adjective Synonyms Expand See more synonyms on Thesaurus.com5. kindliness, consideration, humanity, benignity, sympathy. Antonyms Expand5. malevolence. Charity [ char -i-tee]Spell Syllablesnoun1. a female given name. Dictionary.com Unabridged Based on the Random House Dictionary, © Random House, Inc. 2018.

Cite This Source Examples from the Web for charity Expand Contemporary Examples These brave souls took an icy dip in the ocean to ring in 2015 and raise money for charity. Diving Into 2015 With Polar Bear Plunge Extremists James Joiner January 1, 2015Gilkes says the charity auctions Paddle8 does are “extremely important” for this reason.

William, Kate, and Jay Z’s Favorite Art Star: Alexander Gilkes' World of Rock Stars and Royalty Tim Teeman December 10, 2014That side is volunteering extensively in his hometown of Flint, and recently, pastoring charity United Methodist Church.

A Black Cop’s Tough Words for Mike Brown Mary M. Chapman December 3, 2014Jack Lundie, Director of Communications for the British charity Oxfam, defended the single to the Daily Beast. Do They Know It’s Time to Stop Band Aid? Tom Sykes November 22, 2014Harry was in Oman for a charity polo match earlier this week, the Sentebale Polo Cup.

Harry Chats With Ginger Spice Geri At F1 In Abu Dhabi Tom Sykes November 22, 2014Historical Examples The rest of the estate went to the testator's widow for life, and then to charity. The Spenders Harry Leon Wilson Won't they dance, even for charity, except in their own houses? The Bacillus of Beauty Harriet Stark He wished to do an act of charity as far as he could afford it.

Rico and Wiseli Johanna Spyri But the worst of all in this matter was that Angelique soon despaired of her charity.

The Dream Emile Zola What could she invent, so to be before him in giving her charity? The Dream Emile Zola British Dictionary definitions for charity Expandcharity/ ˈtʃærɪtɪ /noun ( pl) -ties1.the giving of help, money, food, etc, to those in need ( as modifier ): a charity show2.an institution or organization set up to provide help, money, etc, to those in need ( as modifier ): charity funds3.

the help, money, etc, given to the needy; alms4. a kindly and lenient attitude towards people5. love of one's fellow men Word Origin C13: from Old French charite, from Latin cāritās affection, love, from cārus dear Collins English Dictionary - Complete & Unabridged 2012 Digital Edition © William Collins Sons & Co. Ltd. 1979, 1986 © Harper Collins Publishers 1998, 2000, 2003, 2005, 2006, 2007, 2009, 2012 Cite This Source Word Origin and History for charity Expandn.mid-12c., ""benevolence for the poor,"" from Old French charité "" (Christian) charity, mercy, compassion; alms; charitable foundation"" (12c., Old North French carité ), from Latin caritatem (nominative caritas) ""costliness, esteem, affection"" (in Vulgate often used as translation of Greek agape ""love"" -- especially Christian love of fellow man -- perhaps to avoid the sexual suggestion of Latin amor ), from carus ""dear, valued,"" from PIE *karo-, from root *ka- ""to like, desire"" (see whore (n.)).

Vulgate also sometimes translated agape by Latin dilectio, noun of action from diligere ""to esteem highly, to love"" (see diligence ).

Wyclif and the Rhemish version regularly rendered the Vulgate dilectio by 'love,' caritas by 'charity.' But the 16th c. Eng. versions from Tindale to 1611, while rendering agape sometimes 'love,' sometimes 'charity,' did not follow the dilectio and caritas of the Vulgate, but used 'love' more often (about 86 times), confining 'charity' to 26 passages in the Pauline and certain of the Catholic Epistles (not in I John), and the Apocalypse ....

In the Revised Version 1881, 'love' has been substituted in all these instances, so that it now stands as the uniform rendering of agape.

[OED] Sense of ""charitable foundation or institution"" in English attested by 1690s. Online Etymology Dictionary, © 2010 Douglas Harper Cite This Source Slang definitions & phrases for charity Expandcharity Related Termscold as hell The Dictionary of American Slang, Fourth Edition by Barbara Ann Kipfer, Ph D. and Robert L. Chapman, Ph.

D. Copyright (C) 2007 by Harper Collins Publishers. Cite This Source Discover our greatest slideshows Six words that can ruin your...10 Of The Saddest Words (Or... The Oldest Words In The English...10 Words That Will Show Your Age Browse more topics on our blog What Is the Difference Between Discreet and Discrete? Learn the correct uses of these two commonly confused homophones. What Character Was Removed from the Alphabet? What mistaken pronunciation gave this character its name? Apostrophes 101This small mark has two primary uses: to signify possession or omitted letters. How Do I Get a Word into the Dictionary? People invent new words all the time, but which ones actually make it? "

People today are often reluctant to give money directly to the poor. It's possible the money could be used for drugs, alcohol, or other indulgences. The Bible does allow that alms can be food, healing, and even justice and kindness.

"Subscribe to our Compelling Mail Newsletter: Email Address *What does it mean to give alms? What does the Bible say about almsgiving? In the Bible and in historic Christianity, almsgiving was the act of filling a material need for someone less fortunate, usually by giving money.

God incorporated the concept of alms into the Mosaic Law when He ordered land-owners to leave to the poor the corners of the fields ( Leviticus 19:9-10 ), and every seventh year, leave the entire field ( Exodus 23:10-11 ). In churches today, ""alms"" often go by the name love offering or benevolence fund. Giving money directly to the poor is an old and respected tradition.

In Acts 10, the Gentile Cornelius's faithful almsgiving brought him to the attention of God who sent Peter to share the gospel with him.

In Matthew 6, Jesus warns against giving alms (""giving to the needy"") for the purpose of getting attention, as it is an act of worship to God. In Acts 9:36, Tabitha's almsgivings are highlighted among her many good works. And the offerings that the Greek churches sent to the church in Jerusalem were a type of alms ( Acts 24:17 ).

But the Bible expands on the theme of just giving money. In Luke 11:41, Jesus tells the Pharisees that though they act in all the right ways, they don't ""give alms"" out of themselves. They may give money to the poor, but they don't give love, respect, and kindness. In Acts 3:1-10, when confronted with a lame beggar, Peter wasn't stymied by his lack of money.

He said, ""I have no silver and gold, but what I do have I give to you. In the name of Jesus Christ of Nazareth, rise up and walk!"" (verse 6).

Yet, in some areas, charities are finding that the poor know what they need better than a foreign worker. We might give a cow, but they really need money for a sturdy roof or a motorcycle. Either way is great.

As long as charity includes respect and love, and comes from a heartfelt desire to worship and obey God, we can give alms as money or goods. Related Truth: What does it mean to be a cheerful giver? What does it mean for Christians to be in the world but not of the world?

Why is the Golden Rule so important? What is a biblical view of human rights? Are the spiritual disciplines in the Bible? What benefit are the spiritual disciplines? Return to: Truth about the Christian Life "


what is a statutory deed

Although the Indiana Revised Code does not offer a statutory form for a special warranty deed, the statutes do contain language that is sufficient for a conveyance of real estate in fee simple (32-17-1-2).

Indiana Special Warranty Deed

Indiana Special Warranty Deed

A special warranty deed, though it generally contains warranties of title, offers less protection for the buyer than a warranty deed. The grantor in a special warranty deed offers covenants pertaining only to the grantor's period of ownership.

A grant deed that is worded according to 32-17-1-2 will contain the following covenants from the grantor and the grantor's heirs and personal representatives: (1) that the grantor is lawfully seized of the premises; (2) has good right to convey the premises; (3) guarantees the quiet possession of the premises; (4) guarantees that the premises are free from all encumbrances; and (5) will warrant and defend the title to the premises against the lawful claims of those claiming under the grantor (32-17-1-2).

In order to submit a special warranty deed to a county recorder in Indiana, it must be dated and signed, sealed, and acknowledged by the grantor.

If a special warranty deed does not contain a proper acknowledgement, it can be proved before any of the officers listed in 32-21-2-3 of the Indiana Revised Code. Acknowledgements can be taken in the county where the deed is to be recorded, or in another county in Indiana, or in another state.

If the deed is acknowledged in another county or state, it must be certified by the clerk of the circuit court in the county and state where the officer resides and must also be attested by the seal of that court (32-21-2-4).

Acknowledgements taken before an officer having an official seal that is attested by the officer's official seal will be sufficient without a certificate. The certificate of acknowledgment, if required, should be written on the deed or attached to it and recorded with it (32-21-2-9).

Unless the certificate of acknowledgement is recorded with the deed, the deed may not be received or read in evidence (32-21-2-11). Special warranty deeds should be recorded with the county recorder in the county where the property is located. Unless a conveyance is made by deed and recorded within the time and manner provided by Indiana Statutes, the deed or other conveyance of real property is not valid and effectual against any person other than the grantor, the grantor's heirs and devisees, and those with notice of the conveyance (32-21-3-3).

The priority of instruments is determined by the order in which they are filed by the county recorder. Deeds.com Indiana Special Warranty Deed Forms Have Been Updated as Recently as Monday April 9, 2018Back to Indiana

The second common requirement for both warranty and quitclaim deeds is that the deed must contain operative words of conveyance showing intent to transfer present title. As previously discussed, the words ""conveys and warrants"" are statutory words of conveyance that include covenants of warranty. 765 ILCS 5/8, 5/9.

(logo) Attorneys' Title Guaranty Fund Inc.

"DEED ELEMENTS AND RECORDING REQUIREMENTS IN ILLINOISTo handle even the most simple real estate transactions, attorneys must have a basic understanding of the law of deeds. Two of the most common types of deeds are the warranty deed and the quitclaim deed. This article will explore the differences between warranty and quitclaim deeds, the elements of deeds in general, the necessity of having deeds notarized and recorded, and the elements of recordation.

There are two types of warranty deeds: general and special. Illinois statute 765 ILCS 5/9 sets forth a form for the general warranty deed.

Deeds of conveyance made in substantially the same statutory form are deemed a conveyance in fee simple to the grantee, the grantee's heirs and assigns, with covenants on the part of the grantor unless the deed contains words of limitation.

General Warranty Deeds If a deed is intended to be a general warranty deed, it should contain the phrase ""conveys and warrants"" as provided in the statutory form. The use of this statutory form binds the grantor to several covenants that do not need to be specified in the deed.

First, the grantor warrants that the grantor is the lawful owner of an indefeasible interest in the estate at the time the deed is made and delivered and that the grantor has the right to convey the property.

Second, the grantor warrants that the property is free from all encumbrances. Third, the grantor warrants that he or she will defend title to the estate so that the grantee and the grantee's heirs and assigns may enjoy quiet and peaceable possession of the premises with the power to convey the property.

The general warranty deed also conveys after-acquired title to the grantee. 765 ILCS 5/7. Under the doctrine of after-acquired title, if a grantor attempted to convey title to land that he or she did not in fact own, but later obtains the legal title to that property, the property is held in trust for the prior grantee, and the conveyance is treated as if the grantor owned the legal estate at the time of the conveyance.

Special Warranty Deeds In contrast to a general warranty deed, a special warranty deed limits the liability of the grantor by warranting only what the deed explicitly states. According to Ward on Title Examinations, ""A special warranty deed has practically the same effect as a quitclaim deed.""

Special warranty deeds are generally used by corporations or other entities that want to avoid assuming the liability of a general warranty deed. Like the general warranty deed, the special warranty deed should contain the language ""conveys and warrants."" Usually, the grantor warrants that he or she did nothing to impair title during the period the grantor held the title. While a special warranty deed may contain covenants of title, these covenants will usually cover only those claims arising by, through, or under the grantor.

Quit Claim Deeds Illinois statutes also set forth a form for the quitclaim deed. 765 ILCS 5/10. A deed in substantially the same form as that set forth in the statute, a quit claim deed conveys to the grantee and the grantee's heirs and assigns in fee all of the legal or equitable rights the grantor has in the property that existed at the time of the conveyance.

As provided for in the statute, quit claim deeds should contain the language ""convey and quit claim.

""Differences As discussed above, there are several important differences between warranty deeds and quitclaim deeds. Two of those differences merit further mention. First, attorneys should remember that the quitclaim deed does not include the types of warranties provided under a general warranty deed. A quitclaim deed merely conveys to a grantee all the right, title, or interest the grantor has in the described premises.

Second, the quitclaim deed does not convey after-acquired title to the grantee unless such intention is expressly stated in the deed. 765 ILCS 5/10. Deed Requirements Although warranty deeds and quitclaim deeds contain noticeable differences, there are several elements common to all deeds.

The first common requirement is that the deed must be in writing and signed by the grantor (s). 765 ILCS 5/1. Generally, deeds conveying a homestead estate must also be signed by the grantor's spouse, except where one spouse conveys to the other.

A few other exceptions to this rule are set forth at 735 ILCS 5/12-904. In addition to the signature of the grantor (s), deeds should be acknowledged. Even though Illinois law does not require acknowledgement, 765 ILCS 5/20 provides several ways to acknowledge a deed, including acknowledgement before a notary public.

See also 765 ILCS 5/31. Even though an unacknowledged deed is a valid conveyance, there are several reasons to properly acknowledge deeds. First, the unacknowledged deed cannot be read into evidence without further proof of execution. 765 ILCS 5/31, 5/35. That is, an unacknowledged deed is not self-proving. Courts will not accept that the signature on the deed is authentic without evidence to that effect. In addition, title insurers may refuse to rely upon an unacknowledged deed for the purpose of insuring that title is vested in the name of the grantee under the deed.

While the words ""convey and quit claim"" are also statutory words of conveyance, they do not include any covenant of warranty. 765 ILCS 5/10. Along with these words of conveyance, a deed also must identify with reasonable certainty the real estate to be conveyed.

Glen View Club v Becker, 113 Ill App 2d 127, 251 NE2d 778 (1st D 1969). Unless otherwise specified, Illinois courts assume that the grantor is conveying an estate in fee simple. 765 ILCS 5/13. The third common requirement is that the names of the grantor and the grantee should appear on the deed, and a recital of at least nominal consideration should be provided.

Consideration is not required for a deed to be valid. 765 ILCS 5/9, 5/10, 5/35. However, a deed without consideration may be void if there are creditors' interests involved. Effingham State Bank v Blades, 139 Ill App 3d 259, 93 Ill Dec 764, 487 NE2d 431 (5th D 1985). The fourth common element is that the deed must be delivered and accepted to be an effective conveyance.

In re Estate of Shedrick, 122 Ill App 3d 861, 78 Ill Dec 462, 462 NE2d 581 (1st D 1984); Parker v Roberts, 408 Ill 159, 96 NE2d 533 (1951). Although manual transfer of the deed from the grantor to the grantee may effect delivery, it is not necessary to constitute delivery.

A deed delivered to a third person may also constitute delivery under certain circumstances. Courts have validated delivery to a third party when the deed is beyond the grantor's control, Smith v Pelz, 384 Ill 446, 51 NE2d 534 (1943); when the deed is not given to the third party merely for safekeeping, Calcutt v Gaylord, 415 Ill 390, 114 NE2d 340 (1953); when the third party is given directions to deliver the deed, Newman v Youngblood, 394 Ill 617, 69 NE2d 309 (1946); and when the grantor cannot re-call the deed, Alexander v American Bible Soc., 407 Ill 49, 94 NE2d 833 (1950).

It is also worth noting that if the grantee possesses the deed, Illinois law creates a presumption that the deed has been delivered.

Layton v Layton, 5 Ill 2d 506, 126 NE2d 225 (1955). However, it is important to remember that delivery alone is not sufficient to make the deed effective.

The deed also must be accepted by the grantee. This acceptance does not need to be shown in any formal way, but rather may be by any act, conduct or words showing an intention to accept. Finally, deeds should be recorded in the county in which the real estate is located. 765 ILCS 5/28. 55 ILCS 5/3-5018 details the fees that the recorder can charge for this service. Although a deed does not have to be recorded to be a valid conveyance, there are practical reasons for recording a deed.

Deeds do not take effect as to creditors and subsequent purchasers without notice until the instrument is recorded. Thus, unrecorded deeds are void as to all subsequent creditors and subsequent purchasers without notice until they are filed for record.

765 ILCS 5/30. Recording a deed places subsequent purchasers on constructive notice in that subsequent purchasers are deemed to have actual knowledge of any recorded instrument. 765 ILCS 5/31. Additionally, because Illinois is a ""race-notice"" state, the first grantee without notice to record a deed to property will be protected against the interests of other grantees with unrecorded deeds to the same property.

Recording of Deeds For a deed to be properly recorded or registered, it must comply with specific statutory requirements. Failure to comply with the following requirements, except possibly for the requirement of compliance with the Plat Act, will not invalidate a deed.

A deed must contain the names of the parties typed or printed to the side or below the signatures. This includes grantors as well as any witnesses and persons taking the acknowledgements. 765 ILCS 5/35c, 765 ILCS 5/9, 5/10. The name and address of the grantee or grantees must appear on the face of the deed. 55 ILCS 5/3-5026.

Also, a deed must include the name and address of the person or persons to whom the subsequent tax bills are to be sent and to whom the instrument is to be returned. 765 ILCS 5/35c; 55 ILCS 5/3-5020.5. A deed should have a blank space of 3 ½ by 3 ½ inches for use by the recorder.

765 ILCS 5/9, 5/10. Some counties require that a deed show the real estate index number (Permanent Identification Number) of the parcel or parcels conveyed by the deed. If a metes and bounds description is used in the deed, the deed should comply with the relevant sections of the Plat Act. 765 ILCS 205/0.01 et seq. At a minimum, the recorder may require an affidavit be attached to the deed, certifying that the conveyance does not violate the provisions of the Plat Act. 765 ILCS 205/5a. In addition, a deed with a metes and bounds description must contain the section, township, and range with an identifiable point of beginning. Subsequent courses must contain approximate linear distance and direction values relative to one of several known courses or lines. 765 ILCS 5/35c. Also, recorders may refuse to record a deed unless the name and address of the person who prepared the deed is printed, typed, or stamped on the face of the deed. 55 ILCS 5/3-5022.© ATG atgc0899vol23 "

)Sec. 47-36c. Statutory forms for deeds. The forms set forth in this section may be used and are sufficient for their respective purposes. They shall be known as ""Statutory Form"" and may be referred to as such. Nothing in this chapter precludes the use of any other legal form of deed or mortgage.

CHAPTER 821a FORMS OF DEEDS AND MORTGAGES

"CHAPTER 821a FORMS OF DEEDS AND MORTGAGESTable of Contents Sec. 47-36a. Definitions. Sec. 47-36b. Effect of conveyances made in accordance with chapter. Sec. 47-36c. Statutory forms for deeds. Sec. 47-36d. Force and effect of ""Warranty Deed"" form. Sec. 47-36e. Force and effect of words ""with warranty covenants"". Sec. 47-36f. Force and effect of ""Quitclaim Deed"" form. Sec. 47-36g. Force and effect of words ""with quitclaim covenants"".

Sec. 47-36h. Force and effect of ""Mortgage Deed"" form. Sec. 47-36i. Force and effect of the words ""with mortgage covenants"". Sec. 47-36j. Conditions included in the words ""upon statutory condition"". Sec. 47-36k. Technical words of inheritance not necessary.

Sec. 47-36l. Type of estate deemed to be included in conveyance. Secs. 47-36m and 47-36n. Fees for recording statutory forms. Other legal forms of deeds and mortgages not precluded. Sec. 47-36o. Force and effect of ""Conservator's Deed"" form. Sec. 47-36p. Force and effect of ""Testamentary Trustee's Deed"" form. Sec. 47-36q. Force and effect of ""Administrator's Deed"" form. Sec. 47-36r. Force and effect of ""Executor's Deed"" form. Secs. 47-36s to 47-36z. Sec. 47-36a.

Definitions. (a) As used in this chapter and section 47-5, (1) ""his heirs, executors and administrators"" means, in the case of a corporation, limited liability company or partnership, ""its successors"" and ""his heirs and assigns"" means, in the case of a corporation, limited liability company or partnership, ""its successors and assigns""; (2) ""grantor"", ""grantee"", ""releasor"", ""releasee"", ""mortgagor"" and ""mortgagee"" include the plural and the masculine or feminine as the context requires and mean a natural person, a corporation, a limited liability company or a partnership; (3) ""as joint tenants"" means joint tenants with the right of survivorship as provided in section 47-14a; (4) ""attorney"" means a person acting pursuant to a power of attorney executed and acknowledged in the manner provided for conveyances.

(b) (1) The use of the word ""grant"" is not necessary to convey tenements and hereditaments, corporeal or incorporeal. (2) A conveyance to more than one grantee, releasee or mortgagee creates an estate or interest in them as tenants in common unless the words ""as joint tenants"" are added after their names. (P. A. 75-309, S. 1, 2; P. A. 79-602, S. 11; P. A. 95-79, S. 168, 189; P. A. 00-196, S. 34.) History: P. A. 79-602 changed wording to conform with format of definition sections elsewhere in statutes; P. A. 95-79 amended Subsec.

(a) to include a limited liability company, effective May 31, 1995; P. A. 00-196 made a technical change in Subsec. (a). Subsec. (b): Subdiv. (1) cited. 2 CA 119, 124. (Return to TOC) (Return to Chapters) (Return to Titles)Sec.

47-36b. Effect of conveyances made in accordance with chapter. Any conveyance made pursuant to this chapter, duly signed by the grantor, or the attorney of the grantor, or by a person duly authorized if the grantor is a corporation or partnership, conveys to the grantee all the possession, right, title, interest, estate, claim, demand or right of entry or action, of the grantor, absolutely in and to the land conveyed, unless otherwise expressly limited in estate, condition, use or trust and, if so otherwise limited, conveys the property for the time or estate or on the condition, use or trust as declared, without any other act or ceremony. (P. A. 75-309, S. 5; P. A. 79-602, S. 23.) History: P. A. 79-602 rephrased provisions and omitted reference to Secs. 47-5 and 47-5a. (Return to TOC) (Return to Chapters) (Return to Titles

WARRANTY DEED.... of .... for consideration paid, grant to .... of .... with WARRANTY COVENANTS (Description and Encumbrances, if any and any additional provisions)Signed this .... day of ...., 20... Witnessed by:.... .... (Acknowledgment)QUITCLAIM DEED.... of .... for consideration paid, grant to .... of .... with QUITCLAIM COVENANTS (Description and any additional provisions)Signed this .... day of ...., 20... Witnessed by:.... .... (Acknowledgment)MORTGAGE DEED.... of .... to secure payment of .... dollars with interest payable as provided in a certain promissory note dated .... with final maturity on .... grant to .... of .... with MORTGAGE COVENANTS .... (Description and Encumbrances, if any and any additional provisions)This mortgage is made upon the STATUTORY CONDITION Signed this .... day of ...., 20... Witnessed by: .... .... (Acknowledgment)ASSIGNMENT OF MORTGAGE.... of .... for consideration paid, assign to .... all interest in a mortgage from .... to .... dated .... and recorded in Volume .... at Page .... of the .... Connecticut Land Records.

Signed this .... day of ...., 20... Witnessed by:.... .... (Acknowledgment)CONSERVATOR'S DEED.... of .... conservator of the estate of ...., an incapable person, for consideration paid, grant to .... with CONSERVATOR'S COVENANTS (Description and Encumbrances, if any and any additional provisions)Signed this .... day of ...., 20... Witnessed by:.... .... (Acknowledgment)TESTAMENTARY TRUSTEE'S DEED.... of ...., trustee under article .... of the last will and testament ...., late of ...., .... duly qualified as trustee, for consideration paid, grant to .... with TESTAMENTARY TRUSTEE'S COVENANTS (Description and Encumbrances if any and any other provisions)Signed this .... day of ...., 20... Witnessed by:.... .... (Acknowledgment)EXECUTOR'S DEED.... of .... duly qualified and authorized executor of the last will and testament of .... late of .... for consideration paid, grant to .... with EXECUTOR'S COVENANTS (Description and Encumbrances if any and any additional provisions)Signed this .... day of ...., 20... Witnessed by:.... .... (Acknowledgment)ADMINISTRATOR'S DEED.... of .... duly qualified and authorized administrator of the estate of .... late of .... for consideration paid, grant to .... with ADMINISTRATOR'S COVENANTS (Description and Encumbrances if any and any additional provisions)Signed this .... day of ...., 20... Witnessed by:.... .... (Acknowledgment) (P. A.

75-309, S. 6; P. A. 78-210, S. 1; P. A. 79-209, S. 1; 79-602, S. 10.) History: P. A. 78-210 added forms for conservator's, testamentary trustee's, executor's and administrator's deeds; P. A. 79-209 deleted word ""WARRANTY"" in executor's deed form; P. A. 79-602 made minor change in wording of provision authorizing use of other legal forms of deed or mortgage; (Revisor's note: The references in this section to the date ""19.."" were changed editorially by the Revisors to ""20.."" to reflect the new millennium).

Cited. 207 C. 555, 561, 562. Cited. 2 CA 119, 121. (Return to TOC) (Return to Chapters) (Return to Titles)Sec.

47-36d. Force and effect of ""Warranty Deed"" form. A deed following the form entitled ""Warranty Deed"", when duly executed, has the force and effect of conveying title in fee simple to the grantee, with covenants on the part of the grantor to the grantee, for himself and for his heirs, executors and administrators, (1) that at the time of delivery of the deed he is lawfully seized in fee simple of the granted premises, (2) that the granted premises are free from all encumbrances except as therein set forth, (3) that he has good right, full power and lawful authority to sell and convey the same to the grantee and (4) that the grantor shall, and his heirs, executors and administrators shall, warrant and defend the granted premises to the grantee and his assigns forever against the claims and demands of all persons, except as therein set forth.

(P. A. 75-309, S. 7; P. A. 79-602, S. 12.) History: P. A. 79-602 made minor changes in wording but made no substantive changes. (Return to TOC) (Return to Chapters) (Return to Titles)Sec. 47-36e. Force and effect of words ""with warranty covenants"".

In any conveyance of real property the words ""with warranty covenants"" have the full force, meaning and effect of the following words: ""The grantor covenants with the grantee that he is lawfully seized in fee simple of the granted premises; that the same are free from all encumbrances except as therein set forth, that he has good right, full power and lawful authority to sell and convey the same to the grantee and that the grantor shall, and his heirs, executors and administrators shall, warrant and defend the same to the grantee and his heirs and assigns forever against the claims and demands of all persons except as therein set forth.""

(P. A. 75-309, S. 8; P. A. 79-602, S. 13.) History: P. A. 79-602 changed wording slightly but made no substantive changes.

(Return to TOC) (Return to Chapters) (Return to Titles)Sec. 47-36f. Force and effect of ""Quitclaim Deed"" form.

A deed entitled ""Quitclaim Deed"", when duly executed, has the force and effect of a conveyance to the releasee of all the releasor's right, title and interest in and to the property described therein except as otherwise limited therein, but without any covenants of title. A ""Quitclaim Deed"" may be used as a release of a mortgage, attachment, judgment lien or any other interest in real property.

(P. A. 75-309, S. 9; P. A. 79-602, S. 14.) History: P. A. 79-602 substituted ""has"" for ""shall have"". (Return to TOC) (Return to Chapters) (Return to Titles)Sec. 47-36g. Force and effect of words ""with quitclaim covenants"".

In any conveyance of real property the words ""with quitclaim covenants"" have the full force, meaning and effect of the following words: ""The releasor, for himself and for his heirs and assigns, executors and administrators, covenants with the releasee and his heirs and assigns, that he and any other person or persons in his name and behalf or claiming under him shall not or will not hereafter claim or demand any right or title to the premises or any part thereof, but they and each of them shall be excluded and forever barred therefrom except as therein set forth.""

(P. A. 75-309, S. 10; P. A. 79-602, S. 15.) History: P. A. 79-602 made minor change in wording but did not make substantive changes. (Return to TOC) (Return to Chapters) (Return to Titles)Sec. 47-36h. Force and effect of ""Mortgage Deed"" form.

A deed following the form entitled ""Mortgage Deed"", when duly executed, has the force and effect of a deed to the mortgagee in fee simple, subject to defeasance, with mortgage covenants, to secure the payment of money as well as the performance of any obligation or obligations therein specified or referred to; provided any other lawful covenants, agreement or condition may be inserted in the mortgage deed and any of the terms and provisions of said statutory mortgage covenants and conditions may be added to by any lawful agreement, covenant and condition specified in the mortgage deed.

(P. A. 75-309, S. 11; P. A. 79-602, S. 16.) History: P. A. 79-602 substituted ""has"" for ""shall have"" and ""the"" for ""such"" where appearing. Cited. 189 C. 212, 218. Cited. 224 C. 563, 569. Cited. 20 CA 163, 166. (Return to TOC) (Return to Chapters) (Return to Titles)Sec.

47-36i. Force and effect of the words ""with mortgage covenants"". In any conveyance of real property the words ""with mortgage covenants"" have the full force, meaning and effect of the following words: ""The mortgagor covenants with the mortgagee that he is lawfully seized in fee simple of the mortgaged premises; that the same are free from all encumbrances, except as therein set forth; that he has good right, full power and lawful authority to sell and convey the same to the mortgagee and that he, the mortgagor, and his heirs and assigns, executors and administrators shall and will warrant and defend the same to the mortgagee and his heirs and assigns forever against the claims and demands of all persons except as therein set forth.""

(P. A. 75-309, S. 12; P. A. 79-602, S. 17.) History: P. A. 79-602 changed wording slightly but made no substantive changes. (Return to TOC) (Return to Chapters) (Return to Titles)Sec. 47-36j. Conditions included in the words ""upon statutory condition"".

In any mortgage deed of real property, the words ""upon statutory condition"" or similar language, include the following conditions: ""Provided, and this conveyance is made upon the express condition, if the mortgagor or his heirs, executors, administrators or assigns shall pay to the mortgagee or his heirs, executors, administrators or assigns the principal and interest of that certain promissory note or notes secured by this deed, at the time provided in said promissory note or in this deed, and shall also pay all taxes and assessments of every kind levied or assessed upon or in respect of the mortgaged premises or upon the note or notes secured thereby, then this deed, and also said promissory note, shall be absolutely void; otherwise the same shall remain in full force and effect.""

(P. A. 75-309, S. 13; P. A. 79-602, S. 18.) History: P. A. 79-602 deleted ""shall be deemed to"" preceding ""include"". Cited. 2 CA 119, 121. (Return to TOC) (Return to Chapters) (Return to Titles)Sec. 47-36k. Technical words of inheritance not necessary.

In any conveyance or reservation of real property or of any interest therein, the terms ""heirs"", ""assigns"" or other technical words of inheritance are not necessary to convey or reserve an estate in fee simple. A conveyance or reservation of real property or of any interest therein conveys or reserves an estate in fee simple, unless otherwise expressly limited in the deed or reservation.

(P. A. 75-309, S. 14; P. A. 79-602, S. 5.) History: P. A. 79-602 rephrased provisions but made no substantive change. (Return to TOC) (Return to Chapters) (Return to Titles)Sec. 47-36l. Type of estate deemed to be included in conveyance.

In any conveyance of real property all rights, privileges and appurtenances belonging or appertaining to the granted or released estate are included in the conveyance, unless expressly stated otherwise in the conveyance and it is unnecessary to enumerate or mention them either generally or specifically.

(P. A. 75-309, S. 15; P. A. 79-602, S. 4.) History: P. A. 79-602 made minor wording changes but made no substantive change. (Return to TOC) (Return to Chapters) (Return to Titles)Secs. 47-36m and 47-36n. Fees for recording statutory forms.

Other legal forms of deeds and mortgages not precluded. Sections 47-36m and 47-36n are repealed. (P. A. 75-309, S. 16, 17; P. A. 76-271, S. 2; P. A. 79-602, S. 132.) (Return to TOC) (Return to Chapters) (Return to Titles)Sec.

47-36o. Force and effect of ""Conservator's Deed"" form. A deed following the form entitled ""Conservator's Deed"", when duly executed, has the force and effect of conveying to the grantee the fee simple title of an incapable person or such conservator upon an order of a court of probate authorizing and directing the conservator to sell at private sale the real estate owned by the incapable person, with covenants that (1) the conservator has full power and authority as such conservator to sell and convey the same to the grantee and (2) he and his successors shall warrant and defend the granted premises against all claims and demands of any person or persons claiming by or under such conservator.

(P. A. 78-210, S. 2; P. A. 79-602, S. 19.) History: P. A. 79-602 substituted ""has"" for ""shall have"" and ""the"" for ""such"" or ""said"" where appearing.

(Return to TOC) (Return to Chapters) (Return to Titles)Sec. 47-36p. Force and effect of ""Testamentary Trustee's Deed"" form.

A deed following the form entitled ""Testamentary Trustee's Deed"", when duly executed, has the force and effect of conveying to the grantee the fee simple title which a deceased person had at the time of his death, or which the trustee has pursuant to authority given in the last will and testament of a deceased person with covenants that (1) the trustee is duly qualified to act as trustee, (2) he has full power and authority as trustee to bargain and sell the described premises in manner and form as set forth, and (3) the trustee and his successors shall warrant and defend the granted premises against all claims and demands of any person claiming by, from or under the trustee.

(P. A. 78-210, S. 3; P. A. 79-209, S. 2; 79-602, S. 20.) History: P. A. 79-209 made technical correction; P. A.

79-602 substituted ""has"" for ""shall have"" and ""the"" for ""such"" where appearing. (Return to TOC) (Return to Chapters) (Return to Titles)Sec.

47-36q. Force and effect of ""Administrator's Deed"" form. A deed following the form entitled ""Administrator's Deed"", when duly executed, has the force and effect of conveying to the grantee the fee simple title which a deceased person had at the time of his death, or which such administrator has with covenants that (1) the administrator is duly qualified to act as administrator, (2) the administrator has full power and authority under and by virtue of an order of the Court of Probate to bargain and sell the described premises, and (3) the administrator and his successors shall warrant and defend the granted premises to the grantee against all claims and demands of any person or persons claiming under the administrator.

(P. A. 78-210, S. 4; P. A. 79-602, S. 21.) History: P. A. 79-602 substituted ""has"" for ""shall have"" and ""the"" for ""such"" where appearing. (Return to TOC) (Return to Chapters) (Return to Titles)Sec. 47-36r. Force and effect of ""Executor's Deed"" form. A deed following the form entitled ""Executor's Deed"", when duly executed, has the force and effect of conveying to the grantee the fee simple title which a deceased person had at the time of his death, or which the executor has with covenants that (1) the executor is duly qualified to act as executor, (2) the executor has full power and authority to bargain and sell the described premises pursuant to the terms of the last will and testament of the deceased person, or by virtue of an order of a court of probate, and (3) the executor and his successors shall warrant and defend the granted premises to the grantee against all claims and demands of any person claiming by, from or under the executor. (P. A. 78-210, S. 5; P. A. 79-209, S. 3; 79-602, S. 22.) History: P. A. 79-209 made technical correction, substituting ""executor"" for ""administrator"" at end of Subdiv. (3); P. A. 79-602 substituted ""has"" for ""shall have"" and ""the"" for ""such"" where appearing. (Return to TOC) (Return to Chapters) (Return to Titles)Secs. 47-36s to 47-36z. Reserved for future use. (Return to TOC) (Return to Chapters) (Return to Titles) "

Most buyers want the protection of recordation to give notice that the property has been sold. How to Record a Deed. Generally, a real estate deed is recorded in the county where the property is located. In most counties, the recorder, clerk, or register of deeds is responsible for maintaining land records. To be recorded, the document must meet both statutory and local requirements.

Recorder Information

You are NOT on the recorder's website, you are on Deeds.com, a private website that is not affiliated with any government agency.

Recorder Information A recorder, sometimes called the registrar of deeds or clerk of courts, is a government official responsible for maintaining public records and documents, especially records relating to real estate ownership such as real estate deeds and mortgages.

The recorder of deeds provides a single location in which records of real property rights are recorded and may be researched by interested parties. Documents regularly recorded by the recorder of deeds include deeds, mortgages, mechanic's liens, releases, and plats, among others. To allow full access to deeds recorded throughout the years, several indexes may be maintained, which include grantor-grantee indexes, tract indexes, and plat maps. Storage methods to for registry entries include paper, microform, and computer. There is no national or even statewide repository for real estate documents.

Recorder offices are set up locally, usually in each county within a state. In some areas, local cities or townships have recording jurisdiction, but this is rare. Recorders are responsible for maintaining the property records for real property situated in their jurisdiction. In the U. S., most Recorders of Deeds are elected officials serving the area of a county or county equivalent territory.

In some states, the recorder of deeds may also act as a public posting place for documents that are not directly related to estates in land, such as corporate charters, military discharges, Uniform Commercial Code records, applications for marriage licenses, and judgments.

Real Estate deeds in a few states are maintained under the Torrens title system or some limited implementation of it. (For example: Minnesota, some property in Massachusetts, Colorado, Hawaii, New York, North Carolina, Ohio and Washington.)

Most U. S. states, however, maintain their deeds under common law, typically, in chronological order with a grantor/grantee index. What is Recording? The act of recording a real estate deed enters the deed into public record. Once a document is in the public record, it is accessible through the Freedom of Information Act, but this accessibility is not always without restriction. In addition to the national Freedom of Information Act, each state has specific legislation that guides access to public records.

Many counties now have e-recording available, click here for more information. Why Record a Real Estate Deed?

In most cases deeds do not need to be recorded to be valid; however, most states require that a deed be recorded to be binding on third parties.

This is important to the chain of title in real estate. If you have a deed showing that someone has transferred a piece of property to you and you do not record that deed, another person may be able to show an ownership interest in the property ahead of you in the chain of title by recording their proof first.

The form may be one approved by the state bar association or a title company. In some states, like Washington, the form for a warranty deed is outlined in a statute. Sellers don't have to use the statutory form, but as a buyer you should insist on it. It provides protection against problems with title to your land.

What is a Statutory Warranty Deed?

Home sellers use warranty deeds to transfer title to buyers. Sellers use deeds to give titles to buyers, but not every deed is equal. A buyer looking for a good title needs a warranty deed. That deed is the seller's legal promise that he owns the land free and clear. It's also his promise to make things right if there is a problem in the future. Warranty deeds approved by legislatures carry the name statutory. That's the type deed a buyer wants.

Forms When someone drafts a deed she uses a form. This saves time and also ensures a good document.

What is a Statutory Warranty Deed?

ul0attorneys agreed Re: Personal Representative Deed A statutory warranty deed means that the grantor (seller) is making warranties regarding the title of the property. A bargain and sale deed only indicates that the grantor has some kind of interest in the property and is transferring that interest. A personal representative's deed is the deed usually used by an estate to transfer the property. In giving a personal representative's deed, the personal representative is not personally making any warranties regarding the title of the property.

Personal Representative DeedWhat is the legal difference between transferring property in the form of a Statutory Warranty Deed and a Personal Representative Deed? I am purchasing a property which is in an estate (owner is deceased). The attorney for the estate ( court appointed) is requesting the property be transferred either with a bargain and sale deed or personal representative deed. I believe there is some exposure for the buyer but I am not sure what that is at this time??? I look forward to your response. Thank you.

Personal Representative Deed What is the legal difference between transferring property in the form of a Statutory Warranty Deed and a Personal Representative Deed?

I am purchasing a property which is in an estate (owner is deceased). The attorney for the estate ( court appointed) is requesting the property be transferred either with a bargain and sale deed or personal representative deed.

I believe there is some exposure for the buyer but I am not sure what that is at this time??? I look forward to your response. Thank you. Asked on 6/11/01, 9:44 am1 Answer from Attorneys Susan Burns Law Office of Susan Ford Burns32users found helpf

It would be unusual for an estate attorney to have a personal representative give a statutory warranty deed. If you are getting title insurance for the property, the title insurance should be your first line of protection to assure that you are receiving the title you bargained for.

If you are not getting title insurance that is paid for by the seller, you should purchase it on your own to assure that you are getting clear, marketable title to the property you are buying.

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Statutory vs. Special Warranty or Bargain and Sale Deed - What's the difference? When it comes time in the course of the transaction to transfer title from seller to buyer, a deed is normally required. In a standard Purchase and Sale agreement, a Statutory Warranty Deed is the document most often requested to convey title from seller to buyer.

Statutory vs. Special Warranty or Bargain and Sale Deed - What's the difference?

With a Statutory Warranty Deed, the seller expressly guarantees the grantor's good, clear title, and often carries the covenants concerning quality such as quiet enjoyment, the right to convey, freedom from encumbrances, and defense of title from all claims.

Our ""Form 21,"" which is our Residential Real Estate Purchase and Sale Agreement, has a section called "" The Condition of Title"", which calls for title to be transferred via a Statutory Warranty Deed.

Other deeds that are used in special circumstances include Special Warranty Deed, where the grantor covenants to defend title against only those claims and demands of the grantor and those under the grantor (seller) and is often used by someone who is appointed to act on behalf of the true owner, such as a Personal Representative for an estate or other duly appointed person.

The specific language of this type of deed is contained in Limited Practice Board form 16-09. If you receive a bargain and sale deed [LPB 15-05], you are typically buying land without knowing if there are any encumbrances on it, unless stated in the deed. The grantor only guarantees that they have title, and does not guarantee that the title is free of defects.

This type of deed is generally used by a bank, tax or government authority, or Personal Representative who did not occupy the land and does not know of any encumbrances.

This article is presented as a service for your benefit, with the help of my husband, David Hunnicutt, MAI, JD, real estate appraiser and attorney at law. Should you have further questions please consult with independent counsel of an attorney of your choice. Posted by Lauren Hunnicutt Email This Blog This! Share to Twitter Share to Facebook Share to Pinterest Labels: bargain and sale deed , deed , form 21 , personal representative's deed , special warranty deed , title , transfer title "

When you are selling or buying real estate, be aware that there are different kinds of deeds. If a statutory warranty deed is to be used, emphasis should be on the WARRANTY not the deed. Ask yourself if you are comfortable making the warranties contained in the deed.

Statutory warranty deeds

Statutory warranty deeds By Joseph on December 26, 2011 in Adverse Possession, Prescriptive Easement, Statutory Warranty Deed I don’t know how many real estate transactions involve a transfer of property by a statutory warranty deed. I suspect it must be close to 90%. How many sellers know that a statutory warranty contains warranties that they are making to the purchaser?

How many sellers know that the purchaser might come back to them, sometimes after several years, and claim that one or more of the warranties have been breached? I suspect very few.

In Washington when a grantor (seller) delivers a statutory warranty deed, the grantor warrants “ (1) That at the time of the making and delivery of such deed he was lawfully seized of an indefeasible estate in fee simple, in and to the premises therein described, and had good right and full power to convey the same; (2) that the same were then free from all encumbrances; and (3) that he warrants to the grantee, his heirs and assigns, the quiet and peaceable possession of such premises, and will defend the title thereto against all persons who may lawfully claim the same, and such covenants shall be obligatory upon any grantor, his heirs and personal representatives, as fully and with like effect as if written at full length in such deed.” RCW 64.04.030.

A warranty deed has nothing to do with the quality or condition of the improvements—the warranties affect title only.

What does this mean? Perhaps grantors are most surprised, when years after the sale, a buyer comes back to them and tells them that a neighbor is making a claim to a portion of the property based on adverse possession. Because one of the warranties in the warranty deed is to “defend the title thereto” the seller may be forced to defend against the adverse possession claim. This is not merely an inconvenient matter. Attorney fees in defending an adverse possession claim can reach into the tens of thousands of dollars.

In addition to defense costs, a grantor may be forced to pay to the buyer a sum to compensate for any property lost to the adverse claimant. If you are buying or selling real estate, pay attention to the form and language in the deed being used.

If you have questions, call an attorney. Subscribe Subscribe to our e-mail newsletter to receive updates. Related Posts: Possession must be open and notorious Adverse possession and public property Alleys dedicated for public use cannot be adversely possessed Adverse possession v. Prescriptive easement Citing equity, courts can take your property Adverse Possession, Prescriptive Easement, Statutory Warranty Deed