1) Fathers [and mothers] are obligated to teach, or hire someone to teach, their sons Torah. Therefore, many Poskim are of the opinion that one may not pay for the teaching of their son's Torah (i.e. tuition) from Ma'aser money. (Elya Rabbah Orach Chaim Siman 156:2. See also Shu"t Shevet Haleivi Vol. 5 Siman 133)
Other Poskim, however, do allow one who is financially strained to use Ma'aser money to pay the tution for his sons. These Poskim allow this for younger sons (under Bar Mitzvah) as well as for older sons (High school age).
2) If the teacher is a poor person, there is even more reason to allow this practice. (See Rishon L'Tzion from Rav Chaim ben Atar Zatzal Y"D Siman 249. See also Shu"t Divrei Malkiel Vol. 5 Siman 115)
Being that today's days when one pays tuition, part of the cost that is paid goes to cover for those students from poor homes who cannot afford to pay tuition, that portion may be taken from Ma'aser according to all opinions (Psak of Rav Shlomo Zalmen Auerbach Zatzal)
Halachos for Shabbos Kodesh
1) One may send his son to a "better" Cheder (elementary school), and pay the difference in price (versus an average, or public Cheder) from Ma'aser.
Since the obligation of a father is only to teach his son "Mikrah- the written Torah", many Poskim who disallow using Ma'aser for elementary school tuition, do in fact allow using Ma'aser money for High school (Mesivta) tuition as in High School they are already learning "Torah Sh'Baal Peh- the oral Torah" (Shulchan Aruch HaRav Hilchos Talmud Torah Perek 1:7. See Shulchan Aruch Y"D Siman 245 and see also Orchos Rabbeinu from the Steipler Zatzal Vol. 1 page 298 and page 301)
However, some Poskim maintain that if one isn't financially strained, he should refrain from using Ma'aser money even for High school tuition. (Shu"t Shevet Haleivi ibid.)
2) The Poskim maintain that since part of tuition is to cover the cost of food, room and board, the amount that would have been spent on these items had the child been at home should be calculated, and that part of the tuition should not be taken from Ma'aser. (Tzedaka U'Mishpat Chapter 6:35)
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QUESTION & ANSWER CORNER:
(Reader Submitted Questions of interest (on topics related to Halachos we covered, as well as other interesting topics) and my Answers taken from the Q & A page on the Halacha For Todaywebsite. For study purposes only, NOT for Psak Halacha. Questions can be sent to Halacha For Today)
Reader's Question:
I want to know if its against the halacha to copy music [or Shiurim] from other people. Some people claim it's not, since you're not actually stealing something.
My Answer:
Firstly, according to Rav Moshe Feinstein Zatzal and other Poskim (including Rav Shmuel Wosner Shlita, Rav Chaim Pinchas Scheinberg Shlita and Rav Yisroel Belsky Shlita) , you are prohibited from copying any item that has been created by someone else, if that person is selling it.
This would apply to jewelry, art, Sefarim...and copying Torah or music tapes as well. The reason is that doing so will cause the creator of the item to lose sales, and thus lose money due to your action and is Gezeilah (See Igros Moshe Orach Chaim Vol. 4 Siman 40:19)
Therefore, many of today's Poskim pasken that if you bought the tape, CD or music download and you want to make an additional copy for yourself (let's say to keep one at home and one in the car) it would be permitted, as most people don't, and wouldn't, buy two copies, and making the second copy for yourself is not causing the creator to lose a sale. But to copy someone else's CD for your own use is prohibited.
The fact that a song is an "intellectual creation" makes no difference, and one who steals it is guilty of the sin of stealing. This is especially true if the music CD in question is specifically sold on this condition (as most are today) which in most cases can withhold certain "rights" from the buyer, thus one cannot claim that "I bought it, and it is now mine to with as I please, including copying etc.)
Furthermore when there are copyright laws in effect which prohibit the copying of the music, it would also be prohibited Halachically based on the concept of "Dina D'Malchusa Dina- that a Jew must obey the civil laws of the host country he/she resides in" (See Shach Yoreh Deah 165:8)
Although certain Rabbanim have ruled that even for personal use (as a second copy) is prohibited, one may rely on the above Poskim and indeed make a copy for personal use.
However, one who relies on "Heterim" to initially copy a music CD or download (a first copy) is probably transgressing a "D'Oraisa" of Geneiva. (Is it really worth becoming a thief to save $14.99?)
Important Numbers
