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By Dayan Yosef Greenwald, Dayan Bet HaVa’ad, Yerushalayim
Some of the important discussions regarding the disbursement of Ma’aser funds, pertain to the support one’s children. May Ma’aser be used for marrying off a child? May it be used for supporting a son in Kollel? How about paying tuition for high school yeshiva students or hefty seminary payments? These are some of the questions this article attempts to resolve.
The Obligation of Ma’aser
There is a discussion among the Poskim whether the obligation of Ma’aser Kesafim – tithing one’s earnings and giving it to charity – is a Torah, rabbinic obligation or a Minhag. The recent Poskim of Eretz Yisrael, such as Rav Shlomo Zalman Auerbach זצ”ל and Rav Yisrael Yaakov Fisher זצ”ל treat Ma’aser as a Torah-level obligation, based on Yaakov’s statement: “Asser A’aserenu Lach”[1]. However, Rav Moshe Feinstein זצ”ל and others consider Ma’aser as being only a Minhag.
“Takanat Usha” – Supporting Young Children
Now let us discuss the obligation of supporting one’s children. The Gemara in Ketubot[2] writes that when the Sanhedrin – the supreme rabbinic court – were stationed in Usha (sometime after the destruction of the second Bet HaMikdash) they made a Takana that one must support his young sons and daughters.
Based on this, the Taz[3] writes that one cannot use Ma’aser for supporting one’s children. This is because Ma’aser can only be used for something that one is not obligated in. Since there is a rabbinic mandate to support one’s young children, one would not be able to use Ma’aser funds for that purpose.
High Priority
However, this seems to contradict a concept we find in the Shulhan Aruch. Maran[4] cites the Rambam’s who writes that paying for one’s sons or daughters to follow in the path of Torah is considered a great Mitzvah, as he is preparing them to become well-developed, mature and productive members of a Torah society. As far as the laws of Tzedakka are concerned, one should support his own family members, before supporting people who are not closely related to him. Although there is less fanfare and prestige in supporting family members who are struggling with poverty or illness, one is mandated to do so.
Accordingly, since there is no greater kin than one’s own child – it would seem that supporting them would be a form of Tzedakka of a high priority. How then do we reconcile this with the assertion of the Taz, that these expenses are not a form of Tzeddaka but rather a basic obligation?
Tots, Tweens & Teens
The Shu”t Avne Tzedek distinguishes between children under the age of six, in which case there is an absolute obligation to support as per the Takana of Usha. Such support cannot be paid for by Ma’aser funds. Supporting children from the age of six to thirteen is not included in the Takana.
Still, because the norm in contemporary society is to support older children (for example, Bet Din would obligate a husband to pay for support in alimony and child support cases for children in this age-group), it cannot be funded with Ma’aser funds. The Shulhan Aruch and Rambam are talking about children over the age of thirteen, in which case there is no obligation to support, and thus it is a high form of Tzeddaka which can be paid for from Ma’aser funds.
The Aruch HaShulchan[5] disagrees and maintains that Ma’aser funds should not be used for child support – even teenagers. He reasons, that if one would be able to use these funds for this purpose, then any parent of a few teenagers would have no money available for the needy, having used his Ma’aser money to support his own family. This clearly was not the intention of Hachamim.
Rav Moshe Feinstein זצ”ל adds another point: Since children generally follow the mother in divorce proceedings, therefore – when the family is intact – the husband’s obligation to provide child support is technically included in his obligation to support his wife. The obligation to support one’s wife is a bona-fide obligation for which one can definitely not use Ma’aser funds.
Tuition Crunch
The Piske Teshuva cites the Shu”t Be’er Sheva who writes that since a father has an obligation to teach his son Torah based on the Pasuk of “V’Shinantam L’Vanecha”[6] – therefore he cannot use Ma’aser funds to make tuition payments to his son’s yeshiva.
However, let us examine the obligation to teach one’s sons Torah and its boundaries. The Gemara in Nedarim tells us that a father is obligated to teach his son Mikrah (Tanach), based on the verse of “V’Shinantam”. One could argue that one is only obligated to teach his son Humash and Navi. Thus, by the 6th or 7th grades, by which time the son is well-versed in Humash and is being taught Mishna, Talmud and other subjects, one would no longer have a Halachic obligation to pay for his son’s tuition and therefore he would be able to make these payments from Ma’aser money. Still, in our day and age, it would be hard to say that a father would have no obligation to pay for his child’s Torah education past the 6th or 7th grades.
Rav Moshe Feinstein זצ”ל discusses this and says that since in our contemporary times the education and positive environment that a yeshiva school provides is crucial in keeping our sons and daughters on the correct Torah path, then this too is part of a father’s basic obligation. One should consult his rabbi to determine whether each specific situation would be considered a basic obligation or a form of Tzeddaka which can be paid for from Ma’aser money.
Sources:
[1] Bereshit, 28:22 [2] 49b [3] Y.D. 249 [4] Ibid. 251 [5] 249:7 [6] Devarim 6:7