Issue Number 8 --- 2 Mar Cheshvan , 5755
Compiled and Published by Kollel Menachem - Lubavitch (Melbourne, Australia)
in the zechus of the Lubavitcher Rebbe, o.b.m.
There are many halachic issues in the giving of ma'aser - a tenth of one's money - to charity. The following are discussed here:
In Torah [1] the verse states "You must give a tenth of all your produce ...". The Sifri (quoted by Tosefos) [2] writes that the word "all" teaches that one must give a tenth of all one's gains, not only of the produce of the field. Based on this, the Dover Mesharim [3], Mishnas Chassidim [4] and Chasam Sofer [5] state that it is a Torah obligation to give ma'aser.
The Nishal LeDovid [6] and the Taz (as explained by the Tzitz Eliezer [7]) disagree and write that the obligation is only Rabbinic and that the Sifri is simply bringing support from Torah for a Rabbinic enactment.
There are further opinions that there is not even a Rabbinic obligation to give ma'aser; rather it is only a custom [8]. Once, however, a person begins to give ma'aser it acquires the status of a vow, and he is then obligated to continue doing so by Torah law just as the Torah obligates the fulfilment of a vow. If he wishes to stop giving ma'aser he would then have to annul his vow. There are opinions - and this is also the view of the Lubavitcher Rebbe - that one needs to give ma'aser three times in for it to have the status of a vow. [9]
The Remo [10] writes that ma'aser money may be given only to the poor and not spent for a mitzva such as donating candles to a beis hak'nesses.
The view of the Taz [11] is that a mitzva, such as the right to call up individuals to the Torah, can be bought with ma'aser if, when one purchased it, one intended to purchase it with ma'aser money. If, however, one did not have in mind to use ma'aser money when buying the mitzva, one cannot afterwards repay it with ma'aser, as this would be repaying a debt with ma'aser (see next section).
The Maharam (cited by the Shach [12] and Taz [13]) writes that one can pay for a mitzva with ma'aser if one would not otherwise be able to perform the mitzva (such as paying for a Bris or a wedding; or buying s'forim from which to learn and to lend to others to learn).
The Ksav Sofer [14] and the Tzitz Eliezer [15] interpret the Maharam as ruling that ma'aser monies may be used for buying a mitzva only where these monies eventually go to the poor.
From the Alter Rebbe [16] it seems that one may use ma'aser money for a mitzva even where the money does not come to the poor.
The Chasam Sofer [17] writes that, even according to the Remo, if when one began to give ma'aser one stipulated that it could also be used for mitzvos, it may be spent on mitzvos.
The Taz [18] rules that one may not use ma'aser to pay taxes as that would amount to repayment of a debt with ma'aser, which is forbidden. Even repayment of a debt to a Jew, which is a mitzva, is forbidden.
The Ba'er HaGoleh [19] similarly distinguishes between a mitzva which one is obligated to do, which rests upon him like a debt and so for which ma'aser money may not be used; and a mitzva one is not obligated to perform where ma'aser money may be used.
Along these lines the Mogen Avrohom [20] states that one may not use ma'aser for matanos le'evyonim (gifts to the poor on Purim) as this is an obligation, and comparable to repaying debts with ma'aser.
The Bnei Yisos'chor in his sefer "Derech P'kudechoh" [21] argues with foregoing views and rules that debts to a Jew may be repaid with ma'aser. It has been explained, however, that this would apply only if (1) the debt is very old and will not be paid unless by using ma'aser monies and (2) if when the borrower began to separate ma'aser he made a condition that the ma'aser monies would be used for it.
According to the Remo, ma'aser money may be given only to the poor and not for mitzvos. The view of the Maharam is that if the mitzva will not be performed unless ma'aser is used, it may be used.
The Taz adds that this is provided one had in mind to use ma'aser at the time of purchase of the mitzva.
According to the Ksav Sofer a mitzva may be bought with ma'aser only if the money in fact goes to the poor; whereas the opinion of the Alter Rebbe seems to be that ma'aser may be used for a mitzva without this qualification.
The Chasam Sofer states that if when one began to give ma'aser one stipulated that it could also be used for mitzvos, it may be. According to most opinions debts may not be repaid with ma'aser - even debts incurred from paying for mitzva. Even according to the view that debts may be repaid with ma'aser, this applies only to "old" loans which would otherwise not be repaid, and only where one had in mind to use ma'aser for repaying debts when one first began to separate ma'aser
[1] Devorim 14:22
[2] Ta'anis 9a
[3] Vol 3:84
[4] on the Rambam, Hilchos Yesodei HaTorah 17a
[5] Yorah Deah 232
[6] Yorah Deah 23
[7] Vol 9:1
[8] see Bach - Yorah Deah 332; Shvus Ya'akov Vol 2:85
[9] for above see Y'avitz Vol 1:6
Chavos Yo'ir 224 p118;
Chasam Sofer Yorah Deah 231
Igros Kodesh from the Lubavitcher Rebbe Vol 18 p384
[10] Yorah Deah 249:1
[11] Yorah Deah 249:1
[12] Yorah Deah 249:3
[13] loc cit
[14] Yorah Deah 112
[15] loc cit
[16] Sefer Birchas Hane'nin Ch 12:9
[17] loc cit
[18] Yorah Deah 249:1
[19] loc cit
[20] Orach chayim 694:1
[21] section on Hanhogos Yeshoros 209
[22] see Shulchan HaTohor, Shaar Hatzdokoh Ch13
The above is not intended to decide halachic questions, but rather to clarify them in a clear and concise form. Please refer all your practical questions to your local Rabbi.
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