What are the halachos behind the maaser I give, and where I give it?

Prepared for print by Faigy Peritzman

Q: May I use maaser money to pay for matanos l’evyonim on Purim or maos chittim before Pesach?

A: Matanos l’evyonim is a mitzvah mid’Rabbanan that requires each adult to give a gift of money to at least two poor people on Purim. Since maaser money can only be used to pay for mitzvos that are optional and voluntary, not for mitzvos that are otherwise mandatory, maaser money can’t be used to pay for the obligation of matanos l’evyonim. But this applies only to the minimum (mandatory) amount of money that one needs to give for matanos l’evyonim. Any additional money above and beyond the minimum amount may be given from maaser funds. While technically one can fulfill the basic obligation of matanos l’evyonim with a miniscule amount, the recommended approach is to give something significant (at least $10 per each adult in the family to at least two poor people). Any additional amount may be given from maaser funds.
Maos chittim, on the other hand, isn’t a rabbinic obligation but a widespread and age-old custom that was established to help poor people with their Pesach needs. Although in past generations each family was assessed as to their ability to give and the collection of the money was enforced by the community, nowadays maos chittim is a custom that is completely optional and voluntary. The entire amount many be given from maaser funds.

Q: I know that matanos l’evyonim must be given to the poor on Purim itself, but is there a time range when maos chittim must be given out?

A: As mentioned, maos chittim is an optional custom and it may be disbursed at any time, but obviously it should be given out early enough before Pesach so that the recipients can use it for their Pesach needs.

Q: With several children in various elementary, high school, yeshivos, and chadarim, I find the mandatory payments from parents for the school’s building funds are the straw that breaks our financial back. May I use maaser, as this is really not about my children benefiting but future students ten years from now?

A: If the school structures the building fund fee as part of the obligation of tuition and aggressively enforces its collection, then that fee shouldn’t be paid from maaser money. But if the school structures the building fee as an additional donation on top of the tuition, and allows you to pay it as money becomes available, then the building fee money may be taken out of maaser funds.

Q: My son was recently bar mitzvah and many relatives gave him monetary gifts. Must he give maaser off these?

A: Your son should be taught to give maaser from all monetary gifts he received at his bar mitzvah (or any other monetary gifts he receives). But prior to giving maaser for the first time as an adult, it’s important to guide him to accept upon himself the mitzvah of maaser bli neder, without the force of a vow. From a halachic perspective, the halachos of giving maaser when the obligation becomes a neder are far stricter and more difficult to fulfill than when maaser is given bli neder.

Q: We have several relatives who struggle with parnassah and I want to help them, but my husband wants to donate to his yeshivah and the local kollel. Who gets priority?

A: If the relatives are destitute and completely rely on you for their sustenance, then your relatives get priority. Otherwise, divide the maaser funds between your relatives and Torah institutions and talmidei chachamim of your choice.

Q: My sister and brother-in-law struggle with parnassah, yet they won’t take money from anyone. I try to help them out by buying household items, clothes for the kids, etc. May I deduct the cost of these items from maaser?

A: If your relatives are halachically classified as poor, which means that they’re unable to pay their monthly bills on a regular basis and are constantly falling into debt (credit card or otherwise), then you may use maaser money to pay for any item that you’re buying for their family. But this applies only to future purchases; you can’t have maaser pay you back for purchases you made on their behalf in the past.

Q: My niece just went through a difficult divorce, and I’d love to send her on a vacation to let her pamper herself a bit. Is such a “gift” allowed to come from maaser?

A: Assuming that your niece isn’t classified as poor, you cannot use maaser funds to pamper her, despite the fact that she can use some extra care at this point.

Q: When people ask me for tzedakah, I’m very generous. But my friend recently mentioned I shouldn’t be giving larger sums without my husband’s approval. Is this a halachic guideline?

A: The general guideline is that a married woman, even if she’s the breadwinner in the family, may not give tzedakah in any amount which her husband may object to. If she’s unsure what that amount might be, she should ask him. If her husband authorizes her to give tzedakah on behalf of the family as she sees fit, then she may give any amount she wishes to give without restriction.

Q: We just got married and we’re not receiving parental support. My husband gets a small stipend from kollel and I’m trying to do odd jobs while finishing up my schooling. With finances so tight, are we required to give tzedakah?

A: You’re required to give tzedakah, but you’re not required to give maaser. The concept of maaser applies only to people who are making more money than they need to spend. A family that needs $5,000 a month, for example, for basic living expenses, but their monthly income totals less than that, is exempt from maaser altogether, but should still give small amounts of money to charity. But if the family earns $6,000 a month, then they should give maaser on their entire earnings, which is $600.

Q: I just got out of seminary and have my first job. I’m not sure of the guidelines with giving maaser from my paycheck. Must I do this for every paycheck, bimonthly, or may I wait to do so at the end of the fiscal year? Furthermore, do I need to pay maaser on my gross income or just what I actually take home after taxes etc.?

A: You can give maaser in whichever way works best for you, either paycheck to paycheck or at any specific time that you designate in advance. Income tax isn’t subject to maaser, which means that you give maaser only your actual income after taxes have been paid.

Q: When putting money in an investment that fluctuates, must I give maaser on interest as it accrues or may I wait until I actually take out the money and know clearly how much I profited?

A: Maaser is only given on profits that are available to be spent. Until you actually sell the investment and realize the amount of money you have gained, minus any business expenses you may have had, you’re exempt from maaser.

(Originally featured in Family First, Issue 934)