By Rabbi Yair Hoffman for 5tjt.com With the new school year around the corner, it is a question that is on the minds of many people: Can the money that we pay for tuition be considered Maaser? If so, are there differences between boys’ Yeshivos and girls’ schools? And finally, are there differences within different boys schools as well? Before we begin this subject, let’s briefly provide a general and necessary overview of the laws of Maaser – giving one tenth of one’s income: THREE WAY DEBATE There is a three-way debate as to the nature of Maaser. Some authorities understand Maaser as a full-fledged biblical obligation (Chsam Sofer’s reading of the Maharil, responsa YD 232). Others understand it as a rabbinic obligation (TaZ on YD 331:136) While others understand it as a mere Minhag, or custom (Responsa Maharam MiRottenberg #74; Bach YD 331). Believe it or not, most authorities rule like the third opinion, but nonetheless, it is a very important matter dating back to Avrohom Avinu, that should not be neglected. The Chofetz Chaim writes (Ahavas Chessed Vol. II 20) that those who give Maaser have a remarkable advantage over those who merely give charity, in that Hashem Himself becomes a partner in their business. WHO SHOULD MAASER BE GIVEN TO? There are four levels of giving Maaser to the poor, which are not so well-known: • Ideally, Maaser should be given to poor people who are related to the giver (see Shach YD 251:17). • The second level is to give it to poor people who toil in the study of Torah (Ahavas Chesed Vol. II Chapter 19). • The third level is to give it to the poor of one’s own community (ibid). • The fourth level is to give it to poor people in general (ibid). The Ramah writes (YD 249:1) that Maaser should NOT be given for general Dvar Mitzvah purposes – but should specifically be directed to the poor. There are three explanations in the meforshim for this Ramah. • Since the money belongs to the poor – if he uses it for other purposes it is like he is stealing from the poor (Simple reading of Maharil cited in Chsam Sofer YD 231). • Since he has accustomed to give his Maaser funds to the poor, it is as if he had specifically designated it so at the outset (Responsa Chsam Sofer YD 231). • One may not pay for one’s general obligations through Tzedaka money – even if they are Mitzvah obligations (Be’er HaGola) According to the Chsam Sofer (explanation two in the Ramah), if one were to make a condition when he first starts paying Maaser that he be allowed to spend it upon any other Mitzvah, then it would in fact be permitted to give it to other charitable matters other than support of the poor. There is also the view of the Drisha (YD 249:1 cited by both the Shach and TaZ) that one may give Maaser toward other Mitzvos if the other Mitzvah would not be performed were it not for the funds being given now. BACK TO TUITION So now let’s plug all of this into our question regarding Yeshiva tuitions. As we have seen, any parental obligation cannot be paid for by Maaser money. This […]

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