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FRUMToronto Articles Halacha for Today




Blog Image: Halacha For Today Picture.jpg
Week in Review
This page contains one week's worth of  the Halachos that were sent out from  Sunday through Erev Shabbos.  Please print out this page and review with your family at the Shabbos table. Also, please print out a copy or two to take along with you to Shul, so others who do not  (yet) receive the daily e-mails, and are not yet familiar with HalachaForToday.com , can also have a chance to learn them. Be Mezakeh Es HaRabim! 
 
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REVIEW OF HALACHOS: PARSHAS Va'EIRA
 
 
Halachos for Sunday,  January 18 2009
1) One who has sons and/or sons in law that are learning Torah full time and are on a fixed meager income from their Kollel, may give them additional money for their living expenses from Ma'aser. In fact, Rav Moshe Sternbuch Shlita writes (Kuntres Am HaTorah from 1982 Edition 2 Choveres 2) that they take precedence over everyone else.
 
However, if the father/father in law had committed himself at the onset of the marriage to give his children a certain amount of money per week or month, he may not give it from Ma'aser, unless he stipulated this from the beginning, otherwise it will be like paying your bills from Ma'aser, which is forbidden. (Shu:t Chasam Sofer Yoreh Deah Siman 231. See also Shu"t Tzitz Eliezer Vol. 9 Siman 1)
 
2) Money given to a Kollel couple to purchase a luxury item may not be given from Ma'aser (Shu"t Teshuvos V'Hanhagos Vol. 1 Siman 576)
 
 Halachos for Monday, January 19 2009
1) One should not give Ma'aser to a poor person that is a "Rasha L'Hachis" (A Sinful person who does Aveiros and disregards the Torah to spite Hashem), even if he did this act only once[ and didn't do Teshuva] (Psak of Rav Shlomo Zalmen Auerbac Zatzal based on Shulchan Aruch Yoreh Deah 251:2)
 
If the poor person is a "Rasha L'Teavon" (Sinful person who does Aveiros for his own enjoyment, and not in spite) according to some Poskim he may be given Ma'aser, while others maintain that even to such a Rasha we shouldn't give. (See Shach and Taz to Shulchan Aruch ibid.)
 
All agree that a righteous poor person takes precedence over a sinful one. (See Rabbeinu Yonah to  Pirkei Avos Perek 1 Mishna 2)
 
2) If one gave Tzedaka/Ma'aser to one who isn't deserving of it according to Halacha, he/she receives no heavenly reward for that Tzedaka. (See Gemara Bava Kama 15b. Also see Sefer Chasidim Siman 61)
 
Some Poskim even maintain that after giving Ma'aser to a non deserving poor person, you haven't satisfied your obligation and must give additional money. (Sefer Hilchos Ma'aser Kesafim quotingHarav Elchanan Peretz Shlita in the Tzohar Torah journal Vol. 5 Page 137)
 
Halachos for Tuesday, January 20 2009
1) It is best to "spread the wealth" and give Ma'aser to many poor people, rather than give it all to one individual.
 
However, if by spreading it out [too much] , none of the poor people will have enough to sustain themselves, it is indeed better to give to one [or 2] the amount they need to sustain themselves properly.  (Based on the words of the Rambam in Pirkei Avos 3:15 who discusses this idea at length, not only from a Halachic point of view. See also Shulchan Aruch Yoreh Deah 257:9 and Shach and Taz ibid. See also Igros Moshe Yoreh Deah Vol. 1 Siman 144)
 
2) One's own wedding expenses should not be taken from Ma'aser. Likewise, any expenses that accrue in the pursuit of finding a spouse (dating, dowries etc.)should not be taken from Ma'aser (Shu"t Beis Din Shel Shlomo Yoreh Deah Siman 1)
 
Wedding expenses for  one's children, as well as expenses of buying your newlywed children a home, furniture, clothing may be taken from Ma'aser according to many Poskim, even if you have other money from where to pay these expenses. (Rav Shlomo Zalmen Auerbach Zatzal. However, see Shu"t Shevet Halevi Vol. 9 Siman 201 where he differentiates between a small dwelling and a larger one. See also Shu"t Tzitz Eliezer Vol. 9 Siman 1) 
 
Halachos for Wednesday, January 21 2009
1) One should not use Ma'aser money to pay "Shadchanus" (money paid to a matchmaker who facilitates a shiduch) even if the Shadchan is a poor person (See Shu"t Zichron Yeuda Yoreh Deah Siman 192. See also Emes L'Yaakov from Rav Yaakov Kemenetsky Zatzal Yoreh Deah Siman 249 for an elaboration and resoning behind this Halacha)
 
2) Parents may not put aside Ma'aser money for their small children, in order to set up a "fund"  with which to marry them off when they get of age. (Psak of Rav Shlomo Zalmen Aurbach Zatzal and YBL"T Rav Yosef Shalom Elyashiv Shlit"a)
 
However, the parents may give the Ma'aser money to a Gemach (free loan fund) to use to help others and stipulate that when the children grow up, the money must be made available to help them with the wedding expenses.(Psak of Rav Chaim Pinchas Scheinberg Shlit"a)
 
If the children are older and near marriageable age, the parents may indeed set aside Ma'aser money in a "fund" to use for the wedding expenses. (Rav Shmuel Wosner Shlita. See also Igros Moshe Yoreh Deah Vol. 1 Siman 144)
 
The age that is considered "marriageable age" is 17 for girls and 18 for boys (according Rav Yosef Shalom Elyashiv Shlit"a). Others maintain that the age begins at 11 for girls and 12 for boys (Rav Shmuel Wosner Shlit"a, who says that from that age, parents already start worrying about the wedding expenses and start cutting back on other household expenses such as new furniture etc. in  order to save money for future weddings)
 
Halachos for Thursday, January 22 2009
1)Ma'aser  is calculated from post-tax income.
 
Household necessities such as refrigerators, washing machines, tables and chairs etc. can be bought before beginning to calculate Ma'aser. One who is financially sound should calculate the Ma'aser before buying the aforementioned items. (Minchas Tzvi Siman 6)
 
One should calculate Ma'aser before purchasing clothing for himself and his children. (Rav Shmuel Wosner in Shu"T Shevet HaLevi Vol. 5 Siman 133)
 
2) A woman that goes out to work, which necessitates the hiring of a babysitter for the children and/or a housekeeper for the home, may deduct the amount paid to the babysitter/housekeeper from her income that is obligated in Ma'aser. If the babysitter/housekeeper would have been hired in any case, even if the woman wouldn't be working, the money may not be deducted from the Ma'aser obligation. (Tzedaka U'Mishpat Perek 5 footnote 35)
 
A woman that needs to buy a new wardrobe for her job may deduct the amount paid for the clothing from her Ma'aser obligation. (Rav Yaakov Kamenetsky Zatzal in Emes L'Yaakov Yoreh Deah Siman 249)
 
Halachos for Erev Shabbos Kodesh, January 23 2009 (Double Portion L'Kavod Shabbos Kodesh)
 Halachos for Erev Shabbos Kodesh
 
1)One who is taking a course to learn a trade may deduct the amount spent for the course from his yearly income when calculating Ma'aser for the coming year. However, one may not deduct this year the amount he previously spent on education in years past.
 
The above Halacha applies even to someone who already has a livelihood but wants to take an additional course to advance in his/her chosen profession (e.g.  a physician's assistant wants to become a doctor, a clerk wants to become a lawyer, etc.)

Expenses such as books, tools and travel that are directly related to one's education may also be deducted from yearly income when calculating Ma'aser.  (Psakim of Rav Shlomo Zalmen Auerbach Zatzal)

2) However, one who spends money to go to school for general education, but not directly related to a specific skill or method of livelihood, may not deduct the fees from the yearly income that is obligated in Ma'aser. (Minchas Tzvi Siman 5. Regarding men going to school for general knowledge not directly related to Parnasah see Birchas Shmuel Kiddushin Siman 27. Of course, every individual must seek the guidance of their Rav before enrolling in any secular college or university, to ensure that it is done according to the tenets of the holy Torah)
 
Halachos for Shabbos Kodesh
 
1) Sales tax is a monetary obligation that each person must pay when purchasing an item, and thus may not be deducted from the amount you earned when calculating Ma'aser. Income tax that is deducted before you receive your pay is not considered income. (See Igros Moshe Yoreh Deah Vol. 1 Siman 143 and Shu"t Teshuvos V'Hanhagos Vol. 1 Siman 560. Dayan Weiss Zatzal in Minchas Yitzchak Vol. 5 Siman 34 maintains that although exempt, one who does indeed give Ma'aser from the money that was deducted for income tax, is praiseworthy.)

Income tax refunds are considered income, and Ma'aser must be given from it.
 
2) Money spent on optional life insurance policies is not exempt from Ma'aser.
 
However, health insurance premiums are exempt from Ma'aser (Psak of Rav Shlomo Zalmen Auerbach Zatzal. Rav Menashe Klein shlita disagrees and maintains that health insurance premiums are like any other household expense and may not be deducted from income when calculating Ma'aser)

Fire, theft and accident insurance may be deducted from income.

 
                Questions? Feel free to email me at Halacha For Today


Posted 1/24/2009 12:00 AM | Tell a Friend | Halacha for Today | Comments (0)

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