MISC section - contents: Q A hospitalized patient who does not get visitors has repeatedly asked me to visit him. The hospital is so far away that travel costs are about $100 a visit. Can I use my ma’aser money (10% of one’s earnings, customarily set aside for charitable causes) to defray the costs? A We will begin with background on the uses of ma’aser before showing how this case differs from much of the classical, halachic discussions. The Rama (Yoreh Deah 249:1), based on the Maharil, rules: “One should not use his ma’aser for matters of mitzva like candles for a Beit Knesset or other matters of mitzva; rather he should give it to the poor.” On the other hand, the Shach (249:3) and others bring the Maharam, who says that one can use ma’aser for a variety of mitzvot, including making a brit milah or wedding for someone else if he couldn’t/wouldn’t have done so otherwise. Some Acharonim make distinctions that allow these rulings to coexist. The B’er Hagola (ad loc.) says that the Maharil applies only in a case where one wants to use the money for a mitzva he is obligated to do. Then there is a rule that one cannot “kill two obligations with one stone” (see Beitza 20a). However, he could use ma’aser to enable a mitzva, which is not his personal obligation, to be performed. Chatam Sofer (Shut Yoreh Deah 231) proves that the Maharil considered diverting money set aside for charity to help someone perform a mitzva a form of stealing from the poor. He makes a different distinction, though. If one began the practice of giving ma’aser by giving it only to the poor, then using it for mitzvot is like stealing. However, if he specified when adopting the proper practice of ma’aser that he will use it for other mitzvot, he may do so. The common practice is that people do use ma’aser for a variety of mitzvot, although it is betterto state one’s intention clearly from the outset, as the Chatam Sofer says. At first glance, the application of these rules is as follows. If you specifically are obligated to visit the sick person, then you cannot use ma’aser to fulfill your obligation, unless the expense goes beyond the amount one needs to pay for mitzvot (see Rama, Orach Chayim 656:1). We do not have enough information to tryto determine the extent of your obligation. However, there is an important rule that we have been taught by our teacher, HaRav Zalman Nechmia Goldberg, shlita. The Torah requires one not only to take the time and make the effort to perform mitzvot Bein Adam LaMakom (between man and his Maker) but also to pay significant amounts of money to do so. Regarding mitzvot towards one’s fellow man, one is required to make the effort, but he is not obligated to lose money to do so. This is derived from the mitzva of returning a lost item, where the gemara (Bava Metzia 30a) derives that one does not have to lose money to return a lost item (see Shurat HaDin, VII, pp.377-444). There are cases where we are obligated to spend money to help others, but that is included in the overarching mitzva of tzedaka. But tzedaka has its own rules, including ma’aser, that the average person is expected to give 10% of his earnings for various forms of the mitzva. Therefore, even if you are obligated to visit the person in question, the costs may be included in and taken from tzedaka. The only question is as follows. If the patient can afford it, he should pay for the transportation costs, as the charity part of the mitzva is for those who cannot afford to pay for their necessities. What happens if he has the money to pay, but does not think of paying or does not want to do so? The gemara (Ketubot 67b)says that when one can support himself but refuses to do so, we are required to give him charity and worry later about getting back the money. So too here, if asking for money will upset the patient, ma’aser can be used to ensure that his physical and emotional needs are not compromised. Ask the Rabbi Q&A is part of Hemdat Yamim, the
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for Israel He would then give a parable. "A merchant came to a large city to buy merchandise for his store. He brought a long list of things he needed, and he ordered them in a loud voice. The supplier had his workers scurrying about, taking down the bolts of cloth, measuring the required lengths and packaging them. When everything had been packed, the merchant said very softly, 'I don't have any money right now. Please do me a favor and give me credit.'" "We too", said the Dubner Maggid, 'ask HaShem for
all sorts of things in a loud voice. We want health and prosperity
and so much more. However, when it comes time to pay for all of
these, we realize we don't have any credit. Then we whisper, 'Our
Father, Our King, take pity on us and answer us, for we have no good
deeds.' Give us credit." Rashi explains each of the two occurrences. As for the first “veshav”, Rashi cites the answer suggested by the Gemara: “Rabbi Shimon bar Yochai teaches: Come and see how beloved are the children of Israel before the Almighty. For every destination whereto they were exiled, the Divine Presence was also exiled. So too, only when they shall be redeemed, shall God himself be redeemed.” The Talmud and Rashi understand the word “et” as a preposition, “with”. Moshe is not saying that God will return your captivity, but rather that God Himself will return together with your captivity. Rashi’s creative genius bursts forth in his interpretation of the second “veshav”: “Moreover, so great an event albeit so fraught with hardship is the ingathering of the dispersed, that God Himself takes hold of each returnee’s hand to accompany him from his place.” What a magnificent description of each modern oleh’s journey to Israel. As he descends the staircase from the plane, not only is he redeeming his children, grandchildren and generations beyond, but he is returning together with God Almighty Himself. Rabbi Sender Shizgal, Ramot, Jerusalem The Midrash implies that this refusal was unnatural, since at the meta- physical level, every nation has the potential to reach a certain height, according to that which it has been allocated. Furthermore, the Midrash adds, by declining to ascend, Ya’akov actually caused the eventual exile of his descendants. It seems that Ya’akov’s purpose was to promote a situation whereby Yisrael’s elevation would be a function of their good deeds. Indeed, the effort expended would be more meritorious than the “natural” climb up the ladder. And where deeds would be insufficient, the sound of the cry for salvation would prevail. That sound, says the Sefat Emet, is the sound of the
Shofar. It is the ultimate expression of “Hakol Kol Yaakov” – ‘The
voice is the voice of Yaakov’ (cf. Breishit 27:22). It is, notes,
Rabbi Eytan Feiner, that sound that emerges from within our deepest
soul when the power of speech and prayer has been exhausted. It is
the breath of G-d (ibid 2:8) being reunited with its Source. Now we
can but let this penetrating spirit reach the highest realms, as we
anticipate, with G-d’s help, His Divine reciprocity and merciful
recompense. [The Parshiot Nitzavim-Vayeilech Homepage]
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