Paying for Air Conditioning in Synagogue from Tithes

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Question

Is it permissible to pay for an air conditioner to operate during prayer from tithe money?

Answer

The preferred mitzvah is to give tithe money to the poor, but the custom is to be lenient and use it for all mitzvah needs. Therefore, placing money for the synagogue's air conditioner to operate during prayer is considered a mitzvah need.

A person who cannot pray with concentration without an air conditioner must place money for the air conditioner, and it is proper that this should not be from tithe money, as with any mitzvah that a person is obligated in.

Source

According to the Rema (Yoreh De'ah 249), tithes should only be given to the poor and not for other mitzvah purposes. However, the custom is to be lenient according to the Shach and Taz (there) that it can be given for any mitzvah purpose.

The custom to give tithe money for any mitzvah purpose, as mentioned above, applies only to mitzvot that one is not obligated in, but mitzvot that one is obligated in, such as matzah and etrog, cannot be purchased with tithe money.

In the Chatam Sofer (Yoreh De'ah 231), it is written that according to the Rema, if one was accustomed to giving his tithes to the poor, he cannot give for mitzvah purposes as it is considered a vow, but initially, one can give tithes for any mitzvah purpose.

And it seems that if he recited the formula of renunciation of vows on the eve of Rosh Hashanah, even if he was accustomed to giving his tithes to the poor, it is not considered a vow, and he can give for any mitzvah purpose.

Azmera Leshimcha (Issue 157).

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