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20 Jun END OF THE YEAR GIFTS FOR THE RABBIS AND TEACHERS
Towards the end
of the year, it
is customary to
express gratitude
to the Rabbis and
teachers who have
devoted themselves
tirelessly throughout the year to ensure the
success of our children’s learning. This
tradition involves giving them a token of
appreciation for their hard work. However,
a common question arises regarding
whether these tokens can be taken from
Ma’aser.
Generally, Ma’aser is designated for
supporting the poor or for the purpose of
Torah learning, such as Yeshivot, Kollelim,
or Torah scholars. If a teacher or Rabbi is
genuinely in a state of poverty, then it is
certainly permissible to give them a gift
from one’s Ma’aser funds. However, what
about teachers who are not in a state of
poverty?
In such cases, it is essential to consider the
intention and purpose behind the Ma’aser.
The primary objective of Ma’aser is
to assist those in need and to support
Torah study. While teachers who are not
classified as poor may not be eligible for
direct Ma’aser funds, the question arises
whether we can give them Ma’aser as
token of appreciation.
There is a debate amongst the leading
Poskim of the previous generation
regarding the permissibility of using
Ma’aser funds to pay for children’s
tuition. Rabbi Moshe Feinstein(סימן יו״ד
קמג (, expresses the opinion that Ma’aser
funds should not be used for this purpose.
Rabbi Feinstein’s reasoning is based on
the principle that Ma’aser should not be
used for obligations that one is already
obligated to fulfill. Since in today’s times,
it is an established requirement to provide
children with an education, and thus,
parents are obligated to send their children
to school. Consequently, Rabbi Feinstein
argues that tuition expenses should be
covered from personal funds rather than
relying on Ma’aser.
One may contend that sending children to
public schools, which are free of charge,
could be an alternative solution. However,
Rabbi Feinstein asserts that sending
children to a Yeshiva or Torah learning
institution is not a matter of choice or
preference. It is an absolute obligation to
provide a Torah education for children.
Since public schools do not fulfill this
obligation, one cannot view the decision
to send children to a Torah learning school
as merely a voluntary Mitzvah. Rather, it
is an essential obligation that should not
be funded by Ma’aser.
In summary, according to Rabbi Moshe
Feinstein, using Ma’aser funds to pay
for children’s tuition is not permissible.
The obligation to provide children with a
Torah education is absolute, and it should
be financed from personal funds rather
than relying on Ma’aser. While public
schools may seem like a free alternative,
they do not fulfill the specific obligation of
Torah education, making it inappropriate
to consider tuition payments as Ma’aser
expenses.
On the other hand, the esteemed scholar
יחוה דעת ח״ג) Yosef Ovadia Chacham
רנג עמוד (held a different perspective
regarding the use of Ma’aser funds
for children’s tuition. He maintained
that since a father is not Halachically
obligated to financially support his
children once they reach the age of
six, he may consider it as a voluntary
act. Accordingly, Chacham Ovadia
opined that it would be permissible to
utilize Ma’aser funds to cover tuition
expenses.
Chacham Ovadia’s reasoning is based
on the understanding that once children
reach the age of six, their primary
educational responsibility shifts to the
community or the school. Therefore,
providing financial support for their
education can be viewed as a voluntary
act of personal choice rather than an
obligatory parental duty.
In this line of thinking, Chacham
Ovadia suggests that using Ma’aser
funds to pay for children’s tuition can
be seen as a commendable act, akin to
supporting Torah learning or charitable
causes. By contributing to the education
of children, one contributes to the
advancement of Torah and ensures the
transmission of Jewish knowledge and
values to the next generation.
In summary, Chacham Ovadia Yosef
maintained that using Ma’aser funds
for children’s tuition is permissible since
a father is not Halachically obligated to
support his children once they reach the
age of six. According to this perspective,
providing financial assistance for their
education can be considered a voluntary
act, aligning with the purpose of Ma’aser
to support Torah learning and charitable
causes.
Rabbi Harfenes, in his sefer “Mekdesh
Yisrael” (Hanukkah, ו סימן(‘, asserts that
tipping a Rabbi is considered a Mitzvah.
Based on this perspective, since one
is permitted to use Ma’aser funds for
voluntary Mitzvot that he is not obligated
to fulfill, it would be permissible to use
Ma’aser for tipping Rabbis.
According to Rabbi Harfenes, expressing
gratitude and appreciation to Rabbis
through monetary gestures, especially by
tipping them, is an act of fulfilling the
Mitzvah of honoring Torah scholars and
can contribute to the enhanced education
of one’s children.
While there may not be a strict Halachic
obligation to tip Rabbis, it is still
considered a praiseworthy action, falling
under the broader category of Mitzvot that
are not obligatory.
Therefore, Rabbi Harfenes suggests that
Ma’aser funds, which are designated for
supporting Mitzvot and charitable acts,
can be allocated for tipping Rabbis. By
doing so, individuals are combining the
fulfillment of the Mitzvah of honoring
Torah scholars with the utilization of
Ma’aser funds.
It is worth noting that this opinion
specifically addresses the use of Ma’aser
funds for tipping Rabbis and does not
address other forms of support or financial
contributions to Rabbis or educational
institutions. Each case should be evaluated
based on its specific circumstances and
in consultation with a qualified halachic
authority.