Dose of Halacha

Question: Can I use maaser money for kimcha depischa ? Answer: The Gemara Yerushalmi (Bava Basra 1:4) teaches that one who has lived in a city for twelve months is considered to be a resident. Thus they must give wheat to the poor and are entitled to receive wheat if necessary. Following this, the Ohr Zarua (Pesachim 255) writes that the minhag is to distribute wheat to those in need before Pesach. This serves as the Rema’s opening words to hilchos Pesach (OC 429:1) . Thus, we see in the Shulchan Aruch Harav (OC 429:5) that the prevalent custom was for communities to levy taxes on their townspeople for this purpose (See Mishna Berura 429:3). The Mishna Berura (Shaar Hatziyun 429:10) explains that it is inappropriate for us to celebrate Pesach, knowing that our friends are unable to. Additionally, we must consider the added costs of Pesach food. R’ Yaakov Betzalel Zolty (Mishnas Yaavetz OC:7) explains that the Rema wrote this halacha in hilchos Pesach rather than hilchos ...

Question: Can I use maaser money to buy raffle tickets for charity? Answer: The Mishna (Bava Metzia 34b) writes that one mustn’t profit from another person’s animal that they are looking after. R’ Yisroel Yaakov Fisher (Even Yisroel 8:64) compares this to one’s maaser money, writing that one cannot use one’s maaser money for raffle tickets that one could potentially profit from. If one were to use one’s maaser money, any prize won would belong to the tzedaka organization. R’ Moshe Feinstein (Igros Moshe OC 4:76:2), however, writes that it depends whether there are a limited number of tickets for sale. If there are say only 100 tickets for sale, then each ticket is technically worth one percentage of the prize value. One wouldn’t be able to use one’s maaser money for such tickets as one is essentially buying a ticket for oneself with that money. If the tickets aren’t limited, however, then the tickets do not have a specific value, per se. One would be able to use maaser m...

Question: Our shul has a sign on its door asking meshulachim not to collect during davening. Isn’t it appropriate to give tzedaka during davening? Answer: The Gemara (Sukka 25a) teaches that one who is involved in one mitzva is exempt from participating in another. Thus, one who is visiting a sick person would be exempt from eating in a sukka . The Ran (Sukkah 25a) and Rema (OC 38:8) write that even if one can continue performing the first mitzva, one is exempt from performing the second mitzva if the first one will be affected as a result. The Shulchan Aruch (OC 92:10) writes that it is commendable to give tzedaka before davening . The Mishna Berura (92:36) notes that in some shuls people collect for tzedaka during kerias Hatorah . This is wrong as it prevents people from following along and answering barechu. The Shulchan Aruch (OC 96:1) writes that one mustn’t hold money while davening the amida . The Pri Megadim (Eshel Avraham 132:1 Mishbetzos Zahav 96:1; 566:3 quo...

Question: Does one need to take maaser from gifts? Answer: Tosafos (Taanis 9a) quotes the Sifri (Devarim 14:22), which states that the mitzva of maaser , tithing one’s crops, applies equally to other forms of income. Although this statement is not found in our editions of the Sifri, R’ Baruch Epstein (Torah Temima, Devarim 14:22) explains that this is one of many examples of statements from the Sifri that the rishonim saw but are now lost to us. The Shulchan Aruch (YD 249:1) extends this principle, instructing that one should give between ten and twenty percent of one’s earnings to help the poor. The Taz (YD 331:32) elaborates that this obligation applies equally to wedding gifts, even those received from one’s own parents (see Rabbeinu Yona, Sefer Hayira 213). While this applies to money gifts, R’ Shmuel Wosner (Shevet Halevi 5:133:7) writes that if one inherited property or if one’s parents contributed towards buying them a flat, one would not need to give maaser on these gi...

Question: I have seen Seforim that are inscribed, ‘bought with maaser money’. Is it okay to do that? Answer: Ideally one should give one’s maaser to the poor (Rema YD 249:1; Minchas Yitzchak 8:83). Today, this includes donations to Torah institutions which will help those who can’t otherwise afford a Torah education. The Taz (YD 249:1) quotes R’ Menachem of Merseburg that allows one to use one’s maaser to buy Seforim if they cannot otherwise afford to buy them. One doing so must make them available for others to use and write in them that they were bought with maaser funds (See Chafetz Chaim, Ahavas Chesed 2:19:2). R’ Eliezer Waldenberg (Tzitz Eliezer 9:1:2) explains that one who borrows Seforim that they don’t have is considered poor. Such lending is akin to distributing spiritual food, and thus considered a form of Tzedaka. Most contemporary Poskim hold that as nowadays Seforim are far more accessible, one should not rely on this leniency. The Aruch Hashulchan (YD 249:...

Question: May I use my maaser money to pay for my children’s school fees? Answer: The Shulchan Aruch (YD 245:4) writes that parents have an obligation to teach their sons Torah or hire another to teach on their behalf. Many poskim (Aruch Hashulchan YD 249:10; Chafetz Chaim, Ahavas Chesed 2:19:2) therefore write that as this is an obligatory Mitzva one should not use one’s maaser to pay for it. R' Shmuel Wosner (Shevet Halevi 5:133:2) points out that the primary obligation is to teach Torah Shebichsav. As schools today teach Torah Shebaal Peh, one may use one’s maaser if absolutely necessary . R’ Yitzchak Blazer (Shut Pri Yitzchak 2:27) writes that one may use one’s maaser for one’s older children in Yeshiva or Seminary (or even above the age of six). Some poskim differentiate between boys and girls tuition. R' Yitzchak Yaakov Weiss (Minchas Yitzchak 10:85) allows one to use one’s maaser to pay for their daughter’s tuition if necessary as one is not obligated to tea...

Question: I see lots of adverts saying that the optimum way of fulfilling Matanos Laevyonim is by giving to charities in Israel. Should I give to them instead of my local Tzedaka? Answer: The halachos of matanos laevyonim are similar to those of tzedaka . While you are allowed to give tzedaka to whomever you wish to, the Gemara (Bava Metzia 71a) writes that one should donate locally before sending money out of town. The Shulchan Aruch (YD 251:3) writes that there is a hierarchy of who takes precedence. One must support one’s poor relatives first, followed by one’s neighbours, then poor people in one’s city and lastly poor people in Eretz Yisrael. The Aruch Hashulchan (YD 251:8) writes that even if the poor people from another city are talmidei chachamim , and the local poor aren’t, one should support the locals first. While the poor in Eretz Yisrael take precedence over those in other places, the Shach (YD 251:6) writes that the local poor come before those of Eretz Yi...

Question:  Can I use my   maaser   money for   matanos laevyonim   and   kimcha depischa ? Answer:   While there is a clear mitzva deoraisa to give tzedaka , there is a machlokes as to whether giving maaser (10% of one’s earnings) is deoraisa, derabannan, or just a minhag . Tosafos (Taanis 9a) writes that maaser is deoraisa and Maharil (54) writes that it is derabannan though most poskim (Bach YD 331; Chavos Yair 224; Shaalos Yaavetz 1:3) maintain that it is a laudable minhag. (See Aruch Hashulchan YD 249:5; Tzitz Eliezer 9:1). Thus, the Chafetz Chaim (Ahavas Chesed 18:2) advises one to stipulate that they are giving maaser, ‘ bli neder’. Based on this, there is a machlokes as to what one may use his maaser money for. The Rema (YD 249:1) writes that it may only be used to support the poor and not for any other mitzva , while the Shach (YD 249:1) quotes the Maharam who allows one to use one’s maaser for a mitzva that one would not have ot...