Ma’aser Kesafim (tithing money) is the modern equivalent of the tithes, priestly gifts, and gifts to the poor that were given from the produce of the fields and from livestock * A higher level of generosity is to give a fifth * The primary purpose of the mitzvah of ma’aser kesafim is to support teachers of Torah in Israel
Another purpose of ma’aser kesafim is to support the poor * When there is a need to donate both to needy poor people and to Torah scholars, the poor should be given priority * Maimonides strongly condemned Torah scholars who support themselves from the public *
One should make sure to donate to institutions that teach authentic Torah
Ma’aser Kesafim and a Fifth
Q: What is the status of the obligation to give ma’aser kesafim?
A: Ma’aser kesafim is the moderate equivalent of the tithes, priestly gifts, and gifts to the poor that were given from the produce of the fields and from livestock. It is a meritorious practice to give a fifth (Shulchan Aruch, Yoreh De’ah 249:1). Some halachic authorities say that it is required by Torah law (Tosafot, Ta’anit 9a), while many maintain that it is rabbinic in origin (Turei Zahav, Yoreh De’ah 331:32), and others say that it is a custom (Bayit Chadash). However, even according to this latter opinion, it is a custom that guides us in fulfilling the Torah commandments to support Torah, and to give charity.
The Purpose of Ma’aser Kesafim — Teachers of Torah, and the Poor
Since the mitzvah of ma’aser kesafim continues the practice of gifts that were given to the priests and Levites, its primary purpose is to support those who teach Torah in Israel. As our Sages said: “‘You shall surely tithe all’ (Deuteronomy 14:22). Rabbi Abba bar Kahana said: This is a hint to merchants and seafarers that they should give one-tenth to those who labor in Torah” (Pesikta de-Rav Kahana 11; Tanchuma, Re’eh 17). The Jerusalem Talmud (Ma’aser Sheni 5:3) likewise relates that Rabbi Yonah would give his tithes to Rabbi Acha bar Ulla because he was engaged in Torah study. He based his practice on the verse: “And he commanded the people who dwelt in Jerusalem to give the portion of the priests and Levites, so that they might devote themselves to the Torah of the Lord” (II Chronicles 31:4).
Another purpose of ma’aser kesafim is to support the poor, following the Torah’s command to set aside the tithe for the poor during two of the seven-year cycle’s years. Likewise, throughout all the years, provisions are to be left for the poor: leket (gleanings), shichchah (forgotten sheaves), and pe’ah (the corner of the field).
Who Comes First, Teachers of Torah or the Poor?
When there is a need to donate both to desperately poor people and to Torah scholars, the poor should be given priority, because Torah scholars can go out and earn a living.
In other words, under normal circumstances, most of one’s ma’aser should be directed toward supporting Torah students and teachers, who guide the people in the ways of Torah and mitzvot, morality, and proper conduct. This is analogous to the way that most of the tithes and other gifts were designated for priests and Levites. However, when there are many poor people, most of one’s ma’aser kesafim should be given to them. In that situation, it serves as a substitute for the tithe for the poor, leket, shichchah, pe’ah, and charity (see Ahavat Chesed, Part II, 19:1).
One could say that in an ideal situation, the primary function of ma’aser kesafim is as preventive medicine. Its purpose is to expand the ranks of Torah teachers, so that they can guide the people in Torah, and the proper way of earning a livelihood. In this way, the value of work and the importance of sound economic planning will become universally accepted. Young people will learn professions through which they can support themselves; people will work honestly, diligently, and professionally; and consequently, blessing will increase, and there will not be many poor people, so that relatively little charity will be sufficient for them.
However, when the preventive medicine has failed—that is, when Torah scholars have not properly educated the public to work diligently and develop the economy—poverty spreads throughout Israel, and most of the ma’aser must be given to the “patients” themselves: the poor, the sick, and other people in need.
Supporting Torah Scholars
Q: Is it permissible to donate ma’aser kesafim to support Torah scholars, given that we have learned that the great Torah scholars supported themselves through their own work?
A: Indeed, originally ma’aser kesafim was used only to support teachers of children, since their work occupied most of the day, and without receiving a salary, they would not have been able to teach the children.
However, the great rabbis, as long as they did not serve in a public leadership position, worked to support themselves. This was because their studies consisted of the Bible, Mishnah, baraitot, and statements of the Sages, and their work was simple, such as plowing and harvesting. Thus, while working in the fields or at a craft, they could review Mishnah and the teachings of our Sages and contemplate them, and after finishing their work they would teach their students.
Over the generations, however, the content of Torah study expanded enormously. Torah scholars must devote the entire day to studying the teachings of the Talmud, the Geonim, and the Rishonim, as well as matters of Aggadah and Jewish thought. Therefore, it became accepted that in order to have rabbis of an appropriate level in Israel, the public must support rabbis so that they can free themselves from their occupations, and devote themselves to studying and teaching.
Maimonides, however, strongly opposed this practice, writing that it constitutes a desecration of God’s name (Laws of Torah Study 3:10), and that the practice of the Tannaim and Amoraim should continue. Nevertheless, virtually all later rabbis wrote that it is impossible to maintain Torah scholars in Israel without the public supporting them (Tashbetz, cited by the Beit Yosef and Rema, Yoreh De’ah 246:21; Maharshal; Bayit Chadash; Shach, Yoreh De’ah 246:20).
Scholarships for Students Studying in Order to Teach
Q: Does the mitzvah of supporting rabbis with ma’aser kesafim also apply to avreichim who are not yet teaching Torah?
A: Maimonides strongly condemned Torah scholars who support themselves from the public. He gave two reasons for this:
1) Torah should be studied lishmah—for its own sake—in order to learn and teach God’s word, rather than in order to receive money or other benefits.
2) It constitutes a desecration of God’s name (Laws of Torah Study 3:10).
In practice, however, the great authorities of later generations ruled that those who study in order to teach—as educators and rabbis—may initially support themselves from the public. This is because the generations have declined, and the amount of material that must be studied has greatly increased. It is impossible to produce Torah scholars of a reasonable level without their devoting most of their day to Torah study. If the public does not finance their studies, there will be no Torah scholars in Israel to teach Torah and render halachic decisions in the next generation.
Therefore, just as ma’aser kesafim is intended to support Torah teachers in yeshivot, it is also intended to support students who are studying in order to teach (Tashbetz I:142–148; Kesef Mishneh, Laws of Torah Study there; Maharshal and Shach, Yoreh De’ah 246:20; Rishon LeTziyon 21, and many others).
Supporting Yeshiva Students and Penitents as Preparation for Working Life
In our generation, another problem has arisen: many young people do not reach a sufficient level of Torah knowledge to guide their lives according to Torah. Since all Jews need to live a Torah life, there is a great need to enable young people to study for several years in a yeshiva before entering the workforce.
There are also ba’alei teshuvah—people who have returned to religious observance—who need to acquire basic Torah knowledge, and for this purpose, they need to devote a year or two to Torah study. They too may be permitted to receive a scholarship for this period, so that they can learn the foundations of faith and halakha. It is also appropriate to donate ma’aser kesafim for this purpose.
Those Who Will Not Become Rabbis or Teachers May Not Support Themselves Through Charity or Stipends
However, once a yeshiva student or ba’al teshuvah has acquired the necessary foundation, it is forbidden for them to support themselves through Torah study, in accordance with Maimonides and the consensus of the halachic authorities. They must learn a profession through which they can support themselves.
Beyond acquiring the foundation necessary to observe Torah and mitzvot, only someone who is suited to become a teacher or rabbi may support himself through welfare or charitable funds in order to study for several additional years, so that he can properly prepare for his sacred mission. But other students are not permitted to support themselves through Torah study, and one should not donate ma’aser kesafim toward their studies.
The reality also demonstrates that the more Torah scholars there are whom the public does not actually need as teachers or rabbis, and who support themselves through stipends, donations, and charity, the greater the desecration of God’s name, as Maimonides stated.
Donating to Yeshivot That Teach Authentic Torah
One should make sure to donate to institutions that teach authentic Torah. This includes important mitzvot that are considered equivalent in importance to the entire Torah: the mitzvah of settling the Land of Israel; the mitzvah of serving in the army; the mitzvah of loving every Jew and all Jewish communities; and taking care to avoid the prohibitions against lashon hara and divisiveness.
Likewise, students should be educated to value work and science, and anyone who is not destined to become a teacher or rabbi, should be encouraged to learn a respectable profession in order to support his family and contribute to the constructive development of the world, each person in a field suited to him.
One should also donate to an institution that is known to operate honestly, where the majority of the donated money goes toward Torah study, rather than toward fundraisers and various officeholders.
Priorities
Q: When different yeshivot request donations, which should be given priority?
A: Each person should give priority to yeshivot that are closer to him. This follows the principle taught regarding all the laws of charity and kindness: “The poor person with you” (Exodus 22:24)—the person who is closer to you has greater priority.
There are several types of closeness.
First, personal closeness. Someone who studied at a particular yeshiva has a personal connection to that yeshiva, and it is appropriate for him to give it priority, at least to the extent of the amounts that the yeshiva invested in him.
Second, ideological closeness. Torah is broader than the sea, and each yeshiva has its own particular emphasis. Some emphasize joy, while others emphasize ethics. Some emphasize Talmud study, while others emphasize halakha or faith. Some emphasize the collective, while others emphasize the individual. Some emphasize abstract scholarship, while others emphasize preparation for life.
Each person should remain faithful to his worldview and, for the sake of Heaven, and out of love for Israel, support the yeshiva that corresponds to his worldview.
Third, geographical proximity. Someone choosing between two yeshivot, both of which are close to his outlook, but one of which is in another city, while the other is in his own city, should give priority to the yeshiva in his own city.
Institutions That Do Not Receive Government Funding
Q: Should one donate to support teachers?
A: In the State of Israel, the salaries of teachers who teach children are funded by the state. Therefore, the primary purpose of ma’aser kesafim is to support yeshivot, synagogue rabbis, and supplementary Torah education beyond the established educational frameworks.
However, it is not appropriate to donate ma’aser kesafim to educational institutions for children and teenagers that are not funded by the state, since they could arrange their education within the established system, and there is no reason to use charitable funds to maintain an unnecessary private system—especially when there are much more important needs.
Furthermore, if these institutions do not teach authentic Torah, there is certainly no reason to donate to them.
This article appears in the ‘Besheva’ newspaper and was translated from Hebrew.
