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By Dayan Yosef Greenwald, Dayan Bet HaVa’ad, Yerushalayim
In our previous article we discussed using Ma’aser funds to pay for tuition and child support of young children. We concluded that whenever an expense is deemed an obligation, it cannot be funded by Ma’asrot, and thus many Poskim maintain that in our day and age – a Torah education up until the sixth and seventh grade levels would still be considered a father’s basic obligation for which he cannot use Ma’aser money. Let us fast forward a few years, and discuss the expenses involved with supporting older children.
Concerning the rule of not using Ma’aser money to pay for obligations, we find an interesting Halacha regarding Korbanot – sacrifices. If one says vows to bring a Korban Shelamim (lit. a peace-offering, a sacrifice of which the altar, Kohen and owner take a portion) and its Nesachim (libations, the mandated wine and flour offerings that accompany the Korban) from Ma’aser money, he may do so, since both the Korban and the Nesachim did not involve a pre-existing obligation. However, if one vows to bring a Korban Shelamim from Ma’aser money and doesn’t mention the libations – he may only pay for the Korban with Ma’aser money but not the Nesachim.
This is because once one has obligated himself to bring the Korban he automatically becomes obligated to bring its Nesachim. Thus, the obligation to bring the Nesachim in this case is considered to be a pre-existing one and can’t be paid for with Ma’aser money.
Based on the above it is important to make distinctions as to what is considered paying for an obligation or not. Supporting someone continue their Torah studies is a tremendous Mitzvah of Hahzakat Torah which will help them grow into Talmide Hachamim. When done with relatives it is even more worthy than supporting other Kollelim or needy people, although, as the Aruch HaShulhan points out, some Ma’aser money should be used to support other needy people, and not just relatives. Since continued support in Kollel is not a basic or pre-existing obligation – it would be able to be paid for with Ma’aser money.
However, if one wants to use Ma’aser money to help pay the dowry he promised at the start of his daughter’s marriage, this would be considered using Ma’aser to pay for an existing obligation and would not be permitted. One would have to stipulate from the outset, that they are planning to use their Ma’aser money to pay for this obligation.