The Secret to Wealth — The Mitzvah of Maaser Kesafim: How Can We Merit Wealth?

The Secret to Wealth — The Mitzvah of Maaser Kesafim: How Can We Merit Wealth?

The Source of Maaser Kesafim

The mitzvah to give a tithe from one’s profit is an ancient matter already mentioned with regard to the three Patriarchs of the Jewish nation — Avraham, Yitzchak, and Yaakov. Regarding Avraham Avinu, after he defeated the four kings and rescued Lot, it is related that Malki-Tzedek — Shem, the son of Noach — came to bless Avraham Avinu, and it is said about this (Bereishit 14:20): “וַיִּתֶּן לוֹ מַעֲשֵׂר מִכֹּל” — “And he gave him a tithe of everything.” In other words, Avraham Avinu gave a tithe of the spoils of war to Malki-Tzedek, who was a kohen. With regard to Yitzchak Avinu as well it is stated (Bereishit 26:12): “וַיִּמְצָא בַּשָּׁנָה הַהִוא מֵאָה שְׁעָרִים” — “And he found in that year a hundredfold”; Rashi explains that this refers to the estimate of the amount of tithes he needed to give from the produce. Yaakov Avinu too, before leaving for Charan, vowed to Hashem (Bereishit 28:22): “וְכֹל אֲשֶׁר תִּתֶּן לִי עַשֵּׂר אֲעַשְּׂרֶנּוּ לָךְ” — “And of all that You give me, I will surely tithe it to You.” [See Rambam (Melachim 9:1), Raavad, and other commentators, who write that the Patriarchs were the ones who began the practice of observing this mitzvah for all generations].

Is Maaser Kesafim a Promise of Wealth?

The Torah states (Devarim 14:22): “עַשֵּׂר תְּעַשֵּׂר” — “You shall surely tithe,” and the Sages expounded from this (Ta’anit 9a): “Tithe so that you may become wealthy.” This means that the Torah promises wealth to a person who fulfills the mitzvah of tithing; indeed, the Torah instructs a person to perform this mitzvah in order that he become wealthy. However, the poskim discussed whether this promise was said only about a person who gives terumot and maaserot from the produce of his field, since the verse says, “עַשֵּׂר תְּעַשֵּׂר אֵת כָּל תְּבוּאַת זַרְעֶךָ” — “You shall surely tithe all the produce of your seed,” and the verse deals with the tithe of produce growing in a field, not with maaser kesafim. Or perhaps, since in the Sifri (according to the version of Tosafot, Ta’anit 9a, s.v. עשר, on Devarim 14:22; and likewise Tanchuma, Re’eh 18) it is expounded from “עַשֵּׂר תְּעַשֵּׂר אֵת כָּל תְּבוּאַת זַרְעֶךָ” — “You shall surely tithe all the produce of your seed” , and from the Torah’s addition of “ אֵת כָּל ” — “all” — it is derived that one must separate a tithe also from monetary profits that are not field produce, therefore the promise of wealth also applies to this mitzvah.

In practice, the author of the Mishnah Berurah (Ahavat Chesed, ch. 18, note) ruled that the teaching “tithe so that you may become wealthy” applies also to maaser kesafim, particularly maaser kesafim given to Torah scholars. Therefore, carefulness in giving maaser kesafim for the support of Torah certainly carries the promised blessing of wealth.

What Is Promised to One Who Separates a Tithe, and What Is Promised to One Who Separates a Fifth?

The Gra (Keter Rosh 123) added that the blessing is learned from “עַשֵּׂר תְּעַשֵּׂר,” from which we learn that one should give tithes twice — that is, separate a fifth of one’s profits for charity. He explains that the blessing of wealth is divided into two parts: protection of existing money and assets so that no harm befalls them, and a blessing of additional wealth and assets beyond what already exists. A person who is careful with the first maaser kesafim merits protection for the money and assets from which he tithed, and he is promised that no damage will occur to them. [This is also explained in Midrash Tanchuma (Re’eh 12), that the first tithe protects one from damage to his property]. By contrast, a person who gives a fifth — that is, is careful with both tithes — merits both blessings: protection for his money and assets so that he suffers no losses, and an influx of new wealth, so that his assets and money increase.

The Chafetz Chaim (Ahavat Chesed, part 2, ch. 19, note s.v. והנה) wrote that there are many things that can, Heaven forbid, cause poverty and financial losses. A person who transgressed in such matters and had poverty decreed upon him, but is careful to give maaser kesafim, is helped by maaser kesafim so that he will not suffer losses, even if in such a case he does not merit wealth.

Is It Permitted to Test Hashem?

Tzedakah saves from harsh decrees, saves from death even in times of famine, and also enriches the giver of tzedakah (Shulchan Aruch, Yoreh De’ah 247:4). The Rema (ibid.) wrote that although it is forbidden to test Hashem and to perform a mitzvah in order to see whether one will merit the reward promised by the Torah to one who fulfills that mitzvah, nevertheless it is permitted to test Hashem by giving tzedakah and seeing whether one will become wealthy, since this is stated explicitly in the verse (Malachi 3:10): “הָבִיאוּ אֶת כָּל הַמַּעֲשֵׂר אֶל בֵּית הָאוֹצָר וִיהִי טֶרֶף בְּבֵיתִי וּבְחָנוּנִי נָא בָּזֹאת אָמַר ה' צְבָאוֹת אִם לֹא אֶפְתַּח לָכֶם אֵת אֲרֻבּוֹת הַשָּׁמַיִם וַהֲרִיקֹתִי לָכֶם בְּרָכָה עַד בְּלִי דָי” — “Bring all the tithe into the storehouse, so that there may be food in My house, and test Me now with this, says Hashem, Master of Legions: if I will not open for you the windows of heaven and pour out blessing for you beyond sufficiency.” However, the view of the Shelah, She’ilat Yaavetz, and Mishnat Chachamim (cited in Pitchei Teshuvah 247:2) is that permission to test Hashem applies only to one who separates tithes from his produce; but tzedakah and maaser kesafim are like any other mitzvah — although it is promised that they bring wealth, it is forbidden to test Hashem.

As practical halachah, the author of the Mishnah Berurah (Ahavat Chesed, ch. 18, note) brought several proofs from the words of Chazal that if one is careful to give maaser kesafim to support needy Torah scholars, it is certainly permitted to test Hashem to see whether he will become wealthy through this.

Nevertheless, even according to the Rema, several limitations were stated: a. The Rema cites those who disagree and maintain that permission to test Hashem applies only to one who separates maaser kesafim for tzedakah, whereas one who gives tzedakah but does not give a tithe is not permitted to test Hashem. b. The Mishnat Chachamim (cited in Pitchei Teshuvah 247:1) wrote that the permission applies only if one tests Hashem as to whether he will become wealthy. But one who gives tzedakah so that his son will be healed or for other salvations — although it is permitted to give tzedakah in order to merit salvation — may not test Hashem as to whether the tzedakah will truly help; he must give the tzedakah in any case, and know that sometimes there are various reasons why the mitzvah did not protect.

In addition, this is not recommended. For example, it may be that because of his care in giving maaser kesafim, great wealth was decreed for him, but on the other hand, because of a certain sin, death was decreed upon him; therefore the wealth was taken from him in place of the death decreed upon him. But if he tests Hashem, he is, as it were, compelling Hashem to bring him great wealth, even though this may cause the decree, Heaven forbid, to have to be fulfilled. Similarly, there may be other cases in which the Creator of the world knows that wealth for this person falls under what King Shlomo said (Kohelet 5:12): “יֵשׁ רָעָה חוֹלָה רָאִיתִי תַּחַת הַשָּׁמֶשׁ עֹשֶׁר שָׁמוּר לִבְעָלָיו לְרָעָתוֹ” — “There is a grievous evil that I have seen under the sun: wealth kept for its owner to his harm.” Therefore it is always proper to act with simplicity and sincerity, not to test Hashem, and to rely on Him that, in the merit of carefulness with tithes, Hashem will provide him with everything he truly needs, and to accept everything with love.

How Much Tzedakah Is a Person Obligated to Give?

In Shulchan Aruch (Yoreh De’ah 249:1–2) it is ruled that a person who has financial ability must support the poor according to the needs of the poor who come to him. However, regarding a person who is not so wealthy, three levels of obligation to give tzedakah were stated: a. The choicest fulfillment of the mitzvah is to give a fifth — 20% of profits. b. An average measure — an ordinary person should give maaser kesafim, 10% of profits. c. One who gives less than this has an “evil eye,” meaning he is a stingy person whose eye is unfavorable toward the poor; nevertheless, he must give at least one-third of a shekel per year [a shekel in the measures of Chazal is slightly more than the amount needed to sustain a person for a week in basic needs, and a third of a shekel is approximately enough to sustain a person for two and a half days]. A person who did not give this minimal amount has not fulfilled the mitzvah of tzedakah at all.

In practice, the author of the Mishnah Berurah (Ahavat Chesed, part 2, ch. 19, sec. 3) ruled according to the words of the Gra [cited below] that a person who has general financial ability, and there are poor people in need, will very likely transgress serious prohibitions of ignoring a poor person’s distress if he does not give a fifth. However, if giving a fifth will cause him financial strain, he is not obligated to give a fifth and may suffice with maaser kesafim, and after giving maaser kesafim he does not transgress the prohibition of ignoring a poor person.

How Much Tzedakah Is One Permitted to Give?

The Rema (Yoreh De’ah 249:1) ruled that it is forbidden to give more than a fifth of one’s assets — 20% — because of the concern that one may become a burden on the community. However, there are circumstances in which one may donate more than this amount, and this will be detailed in a separate article.

Is Maaser Kesafim an Obligation or a Limitation?

In light of the above, the first question we must clarify in the laws of maaser kesafim is whether maaser kesafim is a minimum or a maximum. In other words: is maaser kesafim an obligation to give a tithe of one’s income to tzedakah? Or perhaps it is a limitation — that there is no obligation to separate tzedakah beyond maaser kesafim? Likewise, there is a prohibition to separate more than a fifth unless there are various conditions that can ensure that the donation will not financially collapse the donor, or certain situations in which it is permitted to donate in any event.

The answer is that both answers are correct:

When a poor person comes to a person to ask for tzedakah, there is an obligation to give tzedakah; and if one has already given a tithe or a fifth of his income, he is exempt from giving more, aside from certain situations that we will detail in a separate article.

On the other hand, if there is currently no poor person before him who needs money, there is nevertheless an obligation to separate maaser kesafim and set the money aside until it is needed, or transfer it to charity for the poor elsewhere. We will explain below the definition of this obligation.

Is There a Value in Separating a Fifth, or Is It a Limitation?

Similarly, one must discuss whether the fifth is an obligation or a limitation. In the Gemara (Ketubot 50a, 67b; Arachin 28a), the concept of a fifth is mentioned only as a limitation: in Usha an enactment was instituted that one who donates his money should not donate more than a fifth, lest he become dependent on others. Only when one writes his assets in his will was he permitted to donate more than a fifth. From this one could understand that a fifth is only a limitation — that one should not donate more than a fifth.

On the other hand, the Shulchan Aruch (Yoreh De’ah 249:1) brings the law of donating a fifth as a mitzvah min hamuvchar, the choicest fulfillment of the mitzvah. That is, the Shulchan Aruch understood that the fifth is an enactment to donate a fifth of one’s assets, but that this mitzvah is not obligatory; rather, it is the choicest fulfillment. The Shulchan Aruch did not mention at all the prohibition to donate more than a fifth; only the Rema (ibid.) mentioned that it is forbidden to donate more than a fifth.

In Beit Yosef (Yoreh De’ah 249:1), he notes that the Rambam (Matnot Aniyim 7:5) wrote that the choicest fulfillment of the mitzvah is to donate a fifth, whereas seemingly a fifth is not a mitzvah but a limitation [which the Rambam ruled in Arachin 8:13], and in the Gemara it is only a limitation. The Beit Yosef explains that since the Gemara brings a source for the enactment instituted in Usha not to donate more than a fifth from what Yaakov Avinu undertook (Bereishit 28:22): “וְכֹל אֲשֶׁר תִּתֶּן לִי עַשֵּׂר אֲעַשְּׂרֶנּוּ לָךְ” — “And of all that You give me, I will surely tithe it to You,” meaning he would tithe his money and then tithe it again — in other words, he would separate twice 10% of his income.  Likewise, the Yerushalmi (Pe’ah 1:1) brings the wording of the enactment of Usha: “In Usha they voted that a person should separate a fifth of his assets for a mitzvah.” It is clear that the enactment was not a limitation, but that they enacted that the choicest fulfillment of the mitzvah is to separate a fifth. The Yerushalmi also expounded from the verse (Mishlei 3:9): “כַּבֵּד אֶת ה' מֵהוֹנֶךָ וּמֵרֵאשִׁית כָּל תְּבוּאָתֶךָ” — “Honor Hashem from your wealth and from the first of all your produce,” and learned that just as with produce there is an obligation to separate the first tithe and the second tithe, totaling 20%, so too from one’s wealth there is an obligation to separate 20%.

Another reason to separate a fifth is what the Gra (Iggeret HaGra) instructed his wife and daughters when he parted from them in his attempt to ascend to Eretz Yisrael: they should be very careful to give a fifth. For if a person has not separated a fifth and a needy poor person comes before him, there is a severe prohibition to turn him away; and it almost always happens that there are requests for donations to which we are unable to respond. But after a person has separated a fifth, and it is already forbidden for him to separate more, there is no claim against him for not responding to the request for a donation from the poor person or the charity collector. The author of the Mishnah Berurah likewise ruled in practice (Ahavat Chesed, part 2, ch. 19, sec. 3 and the note there), but wrote that this applies to a person who has financial ability; if giving a fifth will cause him financial strain, he is not obligated to separate a fifth, and even if he separates only maaser kesafim, there is no claim against him for not giving to the poor person who came to him.

The Nature of the Obligation of Maaser Kesafim

As stated, when there are poor people, there is a Torah obligation to give tzedakah, and when a person has already given a tithe he is exempt from the obligation to give tzedakah [except in certain situations].

However, when there are no poor people, there is still a law of maaser kesafim. There are three views as to the nature of the obligation to give maaser kesafim even when a poor person has not asked for it (Shulchan Aruch, Yoreh De’ah 249:1–2):

a. A full Torah obligation (Responsa Chatam Sofer, Yoreh De’ah 232, s.v. ולא; Pitchei Teshuvah, Yoreh De’ah 249:2, in the view of Maharil 56, question 7). b. A rabbinic obligation (Taz, Yoreh De’ah 331:32; Chavot Yair 224). c. An ancient custom that the Jewish people accepted upon themselves (see Bach 331:19; She’ilat Yaavetz, part 2, 6; Pitchei Teshuvah 331:12; Derech Emunah, Matnot Aniyim 7:27).

In practice, the Gemara does not state explicitly that there is a law of maaser kesafim, and it is possible to interpret the various places where the Gemara discusses tithing as referring to the tithe of produce. But in the Sifri (according to the version of Tosafot, Ta’anit 9a, s.v. עשר) and in Tanchuma (Re’eh 18), the matter is stated explicitly and expounded from the verse. As noted, however, the poskim disagree whether this is a full derivation and the obligation is from the Torah, or whether it is an asmachta and the obligation is rabbinic, or whether it is only a custom and merely an allusion to the custom.

The halachic ruling follows the opinion that the source of the obligation is custom. Nevertheless, although it is a custom, a person has no authority to say that he does not follow this custom, since it is an ancient custom practiced by the holy Patriarchs Avraham, Yitzchak, and Yaakov, and so all of Israel practiced; the custom is binding. [Many halachot are customs, such as the prohibition for Ashkenazim to eat kitniyot, and more. The difference between a custom and a rabbinic obligation is expressed in which matters require stringency, when one may be lenient, in various doubts, and the like. The She’ilat Yaavetz (part 2, 6) further wrote that when there was no custom regarding a particular detail, since the entire matter is a custom, there is no need to be stricter than what was actually practiced].

The Obligation of One Who Is Accustomed to Giving Maaser Kesafim

However, there are cases in which the obligation is more severe than the obligation of a custom: when a person practiced separating maaser kesafim three times and did not explicitly stipulate that this was without a vow, he must continue separating maaser kesafim by the law of a vow, like any good practice performed three times. In such a case the obligation to separate maaser kesafim is more severe, and in order not to stumble in the prohibition of vows, it is good to be careful to stipulate when giving maaser for the first time that one is doing so bli neder — without a vow.

But if he did not do so, one may rely on the declaration made on Erev Rosh Hashanah, in which one cancels customs so that they should not have the status of a vow. This is effective whether he remembered the declaration at the time he acted this way or did not remember, and even if he thought in his heart to practice this forever but did not mention any language of vow with his mouth and did not think in his heart to practice it as a vow, the declaration is effective (Simlat Chaim 62; Derech Emunah, Matnot Aniyim 7, Tziyun HaHalachah 57).

Conditions That Should Be Explicitly Stipulated at the Beginning of the Practice of Maaser Kesafim

The author of the Mishnah Berurah (Ahavat Chesed, part 2, ch. 18, sec. 2) listed a series of conditions worth stipulating before one begins separating maaser kesafim:

1. He should stipulate that everything is without a vow, and although he strives to be careful with this good practice, it is not a vow.
2. He should make a condition that from any money he separates — if he wishes to designate the money for a gemach for interest-free loans to those in need — this will be permitted to him (Ahavat Chesed, part 2, ch. 18, sec. 1; see further in the notes).
3. He should make a condition that any tzedakah he gives from today onward is to be counted toward maaser kesafim, which he wants to practice without a vow; and if he has not yet become obligated in such an amount, he is advancing the amount toward a future account. Thus, if each month he earns 10,000 NIS and checks how much tzedakah he has given, he completes the amount to 1,000 NIS for tzedakah. But if in one month it turns out that he already gave 2,000 NIS to tzedakah, without such a condition he cannot count this as maaser kesafim for the next month. However, if he stipulated the above condition, he can count the charity money he donated toward the maaser kesafim of the following month, and the following month he is exempt from separating money for tzedakah (Ahavat Chesed, part 2, ch. 18, sec. 2).
4. If it is difficult for him to estimate income and expenses precisely, he should stipulate that he is doing everything approximately and not exactly (Ahavat Chesed, part 2, ch. 18, sec. 3).

Since not everyone knows all the details of the issues involved, it is proper, at the beginning of one’s practice of separating maaser kesafim, to stipulate in the following wording: “I stipulate that the entire practice of maaser kesafim is without a vow and without acceptance in the heart, and I stipulate that all the conditions written by the poskim shall be effective.”

If he did not stipulate, he may rely on the declaration made on Erev Rosh Hashanah; but it is better that he perform hatarat nedarim before three men and say to them that he regrets not having explicitly stipulated that everything should be without a vow and according to all the conditions written by the poskim.

Shulchan Aruch (Yoreh De’ah 249:1); Ahavat Chesed (part 2, ch. 18); Azmera Lishmecha (issue 157).