Halachos of Maaser Kesofim Tithing
Halacha Weekly | February 06, 2025
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Halachos of Maaser Kesofim Tithing

Halacha Weekly | June 27, 2025

...Continued from previous week

1) One may take his/her Ma'aser money and start a Gemach (Free loan fund) from which to lend money to less fortunate people.

According to many Poskim it is permissible to use Ma'aser money to give someone a loan, regardless if the borrower is rich or poor, as one who is borrowing money is considered "poor" for this situation. (Elya Rabbah Orach Chaim Siman 156:2 and others)

2) The "main" place to give Ma'aser money is to poor people. (See Rama Yoreh Deah Siman 249)

However, if someone is financially strained, his (and his family's) needs take precedence and he should provide for himself (and his family) before giving other poor people. (See Radbaz on the Rambam Hilchos Matnas Aniyim Perek 7 Halacha 13. See also Igros Moshe Yoreh Deah Vol. 2 Siman 75)

Some Poskim maintain, however, that once he and his family have the bare basics, and he earns enough that he doesn't have to accept Tzedaka from others, he is obligated in Ma'aser (Rav Chaim Kanievsky Zatzal in Derech Emuna Hilchos Matnas Aniyim Perek 7:91 quoting the Aruch HaShulchan. This was also the Psak of Rav Shlomo Zalmen Auerbach Zatzal)

3) 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)

4) 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)

5) When giving Ma'aser or any Tzedaka, one's poor relatives take precedence over any other poor people. (In Sefer Chasidim Siman 530 he writes that one who overlooks his own poor relatives and gives others first, will be punished with poverty R"L)

6) The order of precedence for giving Tzedaka (in most cases) is as follows:

  • Him/herself
  • Spouse
  • Children under the age of 6
  • Parents
  • Grandparents
  • Children older than 6
  • Grandchildren
  • Siblings
  • Other relatives
  • Neighbors
  • Poor People from your city (However, if one lives in a large city such as New York, only his immediate neighborhood is considered his city for this purpose according to Rav Shlomo Zalmen Auerbach zatzal)
  • Poor people from other cities

7) Poor people from Eretz Yisroel take precedence over poor people from other cities (besides your own)

Poor people from Yerushalayim take precedence over poor people from other cities in Israel. (Shu"t Chasam Sofer Yoreh Deah Vol. 2 Siman 274)

This includes both the new and old cities of Yerushalayim (Psak of Rav Shlomo Zalmen Auerbach Zatzal)

8) A Kohen takes precedence to a Levi, and a Levi takes precedence over a Yisroel, when their needs are equal. (See Shu"t Shevet Halevi from Rav Shmuel Wosner Zatzal Vol. 3 Siman 125)

...To be continued next week B’Ezras Hashem

...Continued from previous week

1) One may take his/her Ma'aser money and start a Gemach (Free loan fund) from which to lend money to less fortunate people.

According to many Poskim it is permissible to use Ma'aser money to give someone a loan, regardless if the borrower is rich or poor, as one who is borrowing money is considered "poor" for this situation. (Elya Rabbah Orach Chaim Siman 156:2 and others)

2) The "main" place to give Ma'aser money is to poor people. (See Rama Yoreh Deah Siman 249)

However, if someone is financially strained, his (and his family's) needs take precedence and he should provide for himself (and his family) before giving other poor people. (See Radbaz on the Rambam Hilchos Matnas Aniyim Perek 7 Halacha 13. See also Igros Moshe Yoreh Deah Vol. 2 Siman 75)

Some Poskim maintain, however, that once he and his family have the bare basics, and he earns enough that he doesn't have to accept Tzedaka from others, he is obligated in Ma'aser (Rav Chaim Kanievsky Zatzal in Derech Emuna Hilchos Matnas Aniyim Perek 7:91 quoting the Aruch HaShulchan. This was also the Psak of Rav Shlomo Zalmen Auerbach Zatzal)

3) 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)

4) 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)

5) When giving Ma'aser or any Tzedaka, one's poor relatives take precedence over any other poor people. (In Sefer Chasidim Siman 530 he writes that one who overlooks his own poor relatives and gives others first, will be punished with poverty R"L)

6) The order of precedence for giving Tzedaka (in most cases) is as follows:

  • Him/herself
  • Spouse
  • Children under the age of 6
  • Parents
  • Grandparents
  • Children older than 6
  • Grandchildren
  • Siblings
  • Other relatives
  • Neighbors
  • Poor People from your city (However, if one lives in a large city such as New York, only his immediate neighborhood is considered his city for this purpose according to Rav Shlomo Zalmen Auerbach zatzal)
  • Poor people from other cities

7) Poor people from Eretz Yisroel take precedence over poor people from other cities (besides your own)

Poor people from Yerushalayim take precedence over poor people from other cities in Israel. (Shu"t Chasam Sofer Yoreh Deah Vol. 2 Siman 274)

This includes both the new and old cities of Yerushalayim (Psak of Rav Shlomo Zalmen Auerbach Zatzal)

8) A Kohen takes precedence to a Levi, and a Levi takes precedence over a Yisroel, when their needs are equal. (See Shu"t Shevet Halevi from Rav Shmuel Wosner Zatzal Vol. 3 Siman 125)

...To be continued next week B’Ezras Hashem

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