In this week’s parsha we have the pasuk: זבולון לחוף ימים ישכון והוא לחוף אנית וירכתו על צידן - “Zevulun shall settle by seashores. He shall be at the ship's harbor, and his last border will reach Zidon” (Bereishis 49:13). Yaakov blesses his son Zevulun to succeed in his business endeavors. Rashi adds that Zevulun would spend his time working, in order to provide for his brother, Yissachar so that he could devote all his attention to learning Torah. Moshe Rabbeinu similarly blesses Zevulun in assuming this role, and even blesses the younger Zevulun before his older brother, because Zevulun enabled Yissachar to learn, unhindered by concerns of livelihood. The tradition of this partnership has been emulated by numerous people throughout history, with wealthy people supporting talmiday chachomim. This week we will take the opportunity to discuss various questions related to Yissachar‐Zevulun partnerships.
There was a certain gevir [rich person] who wanted to set up a Yissachar‐Zevulun partnership, and had two options in front of him: An avreich who was related to him, but was a fairly regular avreich or an avreich who was a masmid otzum [very serious] and was being marbitz Torah [spreading Torah], the question arose as to which one comes first? This question depends on what exactly the status of Yissachar‐Zevulun partnerships is: If they come under Hilchos Tzedokah then the family member would come first, if however, they come under Hilchos Talmud Torah then the talmud chocham would come first. Below we will determine what exactly the status of Yissachar‐Zevulun partnerships is and will hopefully be able to resolve the question.
More Than Just Tzedokah
In V’zois HaBerachah Moshe blesses the tribes of Yissachar and Zevulun (Devorim 33:18): שמח זבולון בצאתך ויששכר באהליך - “Be joyful Zevulun in your going forth, and Yissachar in your tents,” Rashi explains: “Zevulun and Yissachar made a partnership between them. Zevulun would dwell at the harbor, and deal in business with ships, thereby sustaining Yissachar who would deal in Torah. Therefore, the pasuk precedes Zevulun to Yissachar, because the Torah of Yissachar came through Zevulun.”
Implied in the words of Rashi is that the deal between Yissachar and Zevulun holds more meaning than a simple tzedokah arrangement, whereby Yissachar receives support for his Torah study from Zevulun. Rather, the arrangement is labeled a ‘partnership.’ This arrangement is also found in the words of the Medrash (Bamidbar Rabbah 13:17), “Zevulun and Yissachar make their livelihoods together, and they receive their reward for Torah together.” Zevulun shares his income with Yissachar, and Yissachar shares his Torah with Zevulun.
Throughout Shas most of the Tanaim and Amoraim are named after their fathers, however, there is one particular Tanna who is named after his brother: “Shimon, the brother of Azaria” (Mishnah, Zevochim 2a). Rashi explains the reason for this: “Azaria dealt in business and provided the needs of his brother Shimon who studied Torah. They stipulated among themselves that the Azaria would receive part of the reward for the Torah study of Shimon...Therefore he is called by his [brother’s] name, because he studied Torah through him.”
Rashi states clearly that the agreement between Shimon and Azaria required a stipulation. Rashi quoting the Gemara in Sotah (21a) adds, that the stipulation must be made in advance. When made prior to the Torah study of Yissachar, the arrangement forms a bona fide partnership, whereby Zevulun brings in the income, and Yissachar the Torah.
Rav Moshe’s Approach
Rav Moshe Feinstein (Igros Moshe, vol. 4, Yoreh De’ah 37) expounds on the definition of the Yissachar‐Zevulun arrangement. Basing himself on some of the sources mentioned above, Rav Moshe writes that the arrangement between the two is a full partnership. In this, as we will see, Rav Moshe is not alone, as several halachic authorities view the arrangement as a partnership. Yet, we will see that Igros Moshe takes the concept to an extreme.
Because he sees the relationship as a true partnership, Rav Moshe writes that the Yissachar‐Zevulun arrangement is not related at all to the concept of tzedokah or support. The stipulation made between the parties comes under the framework of Hilchos Talmud Torah and not Hilchos Tzedokah. As a consequence, Yissachar remains obligated to give tzedokah from the income which he retains for himself.
Furthermore, Rav Moshe adds that the partnership is a 50‐50 partnership: Zevulun’s income is shared equally with Yissachar, and Yissachar’s Torah is shared equally with Zevulun.
It is as though the two become one body, one part fulfilling the physical requirements, and the other fulfilling the spiritual side. Yissachar is thus able to study Torah without the strain of financial pressure, and Zevulun receives a portion in his Torah.
In fact, Rav Moshe goes so far as to say that the distinction made by the Gemara between one who supports Torah and a talmud chocham himself (according to which even prophets could only foresee the reward of those who support Torah, but not the ultimate level of the talmud chocham), does not apply to the Yissachar‐Zevulun agreement. The level of Zevulun, according to Rav Moshe, is equivalent to the level of Yissachar. The partnership renders them equals.
It is important to note that the extra details added by Rav Moshe (that the Zevulun must share his entire income equally with his Yissachar and that it isn’t considered tzedokah) have not been adopted by other poskim, and the common custom does not follow his opinion. The Shevet HaLevi (10:13) cites the Chida who says that as long as the Zevulun provides Yissachar with what he needs, that’s enough.
However, the basic principle of R’ Moshe, namely that the Yissachar‐Zevulun arrangement is a full‐fledged partnership, emerges (as we have seen) from a number of sources. The concept is made explicit in the ruling of Rema (Yoreh De’ah 246:1, citing from Rabbeinu Yerucham): “A person can precondition with his fellow that he [the latter] will study Torah, and he [the former] will provide his livelihood and share in his reward.” A similar position is found in a Teshuvah of the Beis Yosef (Avkas Rochel no. 2), which also states that the arrangement requires a legal stipulation.
Alternative Approach
Rabbi Akiva Eiger (Hago’as to Shulchan Aruch, Yoreh De’ah 246) points out what would appear to be another opinion. This is found in Shu”t Maharam Alshaker (no. 101), who quotes from a Teshuvah of Rav Hai Gaon. Rav Hai Gaon was asked whether a person who pays another to read from the Torah will receive the spiritual reward of reading from the Torah? He was also asked if someone normally fasts, and he sells the spiritual reward for some of the fast if it works? Rav Hai answers that the concept of sharing spiritual reward with another does not exist—and one who thinks that it is possible is “a fool, and is closer to receiving punishment than to earning reward.” The fact that a person receives reward for his support of Torah is not on account of a partnership, but rather “he receives reward for his good deed.”
Rav Hai Gaon seems to have a different approach to the Yissachar-Zevulun arrangement. Rather than a partnership, Rav Hai Gaon sees the relationship as an arrangement of support, whereby Zevulun earns his share in the Next World not by taking a share in Yissachar’s reward, but by procuring independent reward by means of the support he gives Yissachar. Similar to all other mitzvos of tzedokah, where if for example one gives money to hachnosas kallah he gets reward, but he doesn’t become a partner.
The Rema himself appears to suggest two distinct approaches. The Shulchan Aruch (Yoreh De’ah 246:1) states simply that somebody who is unable to study Torah should support the Torah study of others, to which Rema adds (quoting from Tur): “And it is considered as if he himself studied the Torah.” This implies that financial support, even without a formal contract, suffices to earn Zevulun his reward as if he also studied Torah.
Indeed, the Tur himself adds that this is what Chazal meant in their interpretation of the pasuk (Devorim 33:18), שמח זבולון בצאתך ויששכר באהליך – “Be glad, Zevulun, in your coming forth, and Yissachar in your tents.” According to the Tur, the Yissachar‐Zevulun arrangement requires no formal or legally binding contracts. Yet, after quoting the words of the Tur, the Rema continues to mention the possibility of making a contractual agreement for sharing the reward of Yissachar.
It would therefore appear that we are presented with two distinct approaches to the essence of the Yissachar‐Zevulun arrangement.
Hilchos Tzedokah or Hilchos Talmud Torah
Although from Rav Hai Gaon it may seem like a Yissachar‐Zevulun arrangement comes into Hilchos Tzedokah (unless we say like the Imrei Binah), R’ Moshe Feinstein clearly understands that the Yissachar‐Zevulun arrangement comes under the framework of Hilchos Talmud Torah. Moreover, the Shulchan Aruch mentions the idea of making a Yissachar‐Zevulun arrangement in Hilchos Talmud Torah and not in Hilchos Tzedokah. It would, therefore, seem that it is a halachah to do with Hilchos Talmud Torah, not Hilchos Tzedokah and if one has a choice between supporting an avreich who is an average avreich and a family member, and a avreich who is a masmid otzum but not a family member, since it is a Hilchos Talmid Torah halachah, the more Torah one can support and bring to the world the better, therefore, the avreich who is a talmud chocham should take precedence.
Yissachar’s Perspective
The two approaches outlined above concerning Yissachar‐Zevulun partnerships give rise to an important consequence for Yissachar. The question that every Yissachar should ask himself before entering into an agreement with a corresponding Zevulun: Do I stand to lose?
See, however, Tzitz Eliezer, vol. 15, no. 35, who offers (quoting from Imrei Binah Vol. 1, Teshuvah 13) a solution to the disparity between Rav Hai Gaon and the sources mentioned above. He explains that one type of reward is seguli. This refers to the spiritual effect of a mitzvah deed, which draws a person closer to Hashem – a closeness that is itself a person’s reward for the world to come. The Imrei Binah writes that this type of reward is non-transferrable: A person’s spiritual gains cannot be sold to somebody else. This is the reward that Rav Hai referred to in writing that reward cannot be sold.
However, there is another type of reward, which the Imrei Binah calls gemuli – recompense. Beyond the spiritual consequence of the mitzvah deed, a person also receives his ‘recompense’ for complying with the Torah’s instruction. The Imrei Binah writes that according to the Rema, this type of reward can be transferred, when the transfer is done in advance of the deed itself. This approach, however, remains strained in the wording of Rav Hai Gaon.
The answer would seem to depend on the two opinions we have presented. If we see the Yissachar‐Zevulun agreement as a contractual agreement, it would appear that Yissachar loses half of the spiritual reward for his Torah study. As Rav Moshe Feinstein writes, the hours that Yissachar is able to immerse himself in Torah study on account of Zevulun are divided into two; half remain Yissachar’s, and half go to Zevulun. Under the contract, Yissachar gives away half his reward (for those hours that he would not be able to learn in if not for Zevulun) in return for sharing the income of Zevulun. (Yisssachar isn’t losing anything since otherwise he wouldn’t have been able to learn during these hours.)
The Peleh Yo’etz (erech ‘Chizuk’) takes the loss of eternal reward to heart, and advises Yissachar to avoid the union with Zevulun. Although he opens with great praise for the arrangement from the perspective of Zevulun, stating that anyone blessed with wealth should chase vigorously after a Yissachar‐Zevulun agreement, he shuns the agreement from Yissachar’s point of view, questioning with wonder how a talmud chocham can make so bad a deal as selling eternal reward for earthly gain.
However, a number of great authorities dispute this position, stating that no part of Yissachar’s Torah is lost to him in the agreement with Zevulun. The Ohr HaChaim (Ki Sisa), for instance, writes that the reward of Yissachar is not diminished at all, an opinion shared by the Hafla’ah (introduction to Kesubos, sec. 43). The Haflaah explains his opinion by means of a renowned simile. The Torah, he explains, is akin to a candle: Zevulun is able to benefit from Yissachar’s flame, whereas the flame itself remains undiminished.
It’s important, however, to note that even those authorities who adopt the contractual position, whereby Yissachar is actually giving away part of his eternal reward to Zevulun, do not frown on the arrangement, but rather warmly recommend it. The Rema, as we saw above, explicitly endorses the Yissachar‐Zevulun arrangement in its contractual form. Rav Chaim of Volozin (Keter Rosh, no. 64) writes that a person should not act selfishly with his Torah study, but should be willing to share it with others.
The Chazon Ish (letters 46‐47) writes in similar style, and even wrote a Yissachar‐Zevulun arrangement for somebody who required it. Rav Isser Zalman Meltzer, moreover, writes about his own publication of Even Ha’azel, that he made an agreement with a donor to share the spiritual reward of the book. Even Rav Moshe, who maintains that the relationship is a partnership, would agree that the arrangement is beneficial to the Yissachar since he only relinquishes half of the reward for the hours he wouldn’t have learned if he would not have the support of Zevulun.
Thus, although opinions are divided as to whether a part of Yissachar’s reward diverts to Zevulun or not, the negative stance (from Yissachar’s perspective) taken by the Peleh Yo’etz is very much a single opinion among many. All, however, agree that the contract places an additional yoke of Torah on Yissachar. As the Ayeles HaShachar (V’zois HaBerachah) cites from the Chofetz Chaim, if Yissachar, who is being supported by Zevulun, does not immerse himself in the study of Torah, he is effectively stealing from Zevulun.
