Shliach, Expenses and Ma’aser

 

Question:

I run a Chabad House and have always used the Chabad House account to pay my bills, including tuition. The Chabad House gives me (i.e. I give myself) a certain amount of money daily which I use for tzedakah. Is this arrangement acceptable? In general is Ma’aser given before or after expenses? Do we hold that the first person to get Ma’aser is yourself if one is needy? Do we hold that giving Ma’aser is a chiyuv or an option? Obviously on my taxes I factor the expenses paid by Chabad House as income.

 

Answer:

Every person is obligated to give Ma’aser. However if one is poor, the rule is the parnasah of oneself overrides another poor person and such a person does not need to give tzedakah until one’s basic needs are already taken care of.

What are one’s basic needs? Some Poskim suggest that it includes all basics מזונות כסות ודירה such as food, dwelling and clothes. (It is logical to say that all other basic needs as expected in the locality where one lives are also considered as basic needs, so for example a car in many places of the world is considered a basic need).

Once one has met their basic needs and has more money is obligated to give Tzedakah (Maaser or Chomesh) to others. Of course one who puts away money and chooses not to spend it is also considered as meeting beyond one’s basic needs.

When one is not living a luxurious life (nor makes savings) and can hardly afford to make ends meet they are exempt from maaser. However they still need to give tzedakah.

A shliach may use the Chabad account money to pay for his expenses as a Shliach, to allow him to do his activities.

Technically, if a Shliach meets his basic needs, he should be giving maaser. School schar limud should not be paid with maaser if a shliach already meets his basic needs.

A shliach may also give his maaser to his community expenses from his income. It is a hiddur to give to actually poor people, but one may also give to general mitzvah causes as well.

As mentioned, if one is unable to get by if they deduct maaser, so they are exempt. However the Rebbe writes that one should make an effort to give maaser and if it is not possible, they should give a portion of the masser, e.g 5%, and  one should write down how much they need to give and when their financial situation gets better they will give maaser.

 

Sources:

See Rema (Yoreh Deah 251:3). Teshuras Shai 1:270. Tzedaka U’Mishpat 1:6 footnote 15.

See also Shulchan Menachem vol. 5 p. 88.

 

 

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