Ma’aser Kesafim\Parashat Ki Tavo
In this week’s Parsha, Ki Savo, we learn about ‘Vidui Ma’asros’ the Mitzvah to declare that one has complied with all the laws of Maser every three years. Rashi writes that the words ולגדר ליתום ולאלמנה... refer specifically to Ma’aser Ani, that which one must tithe from his produce for the needy. The Torah obligation is said of produce, that one must give a tenth to the needy on the 3rd and 6th years of the Shmittah cycle. [In years 1,2,4,5 one takes Ma’aser Sheni off of his produce and in years 3,6 Ma’aser Ani.]
Simply, the Torah’s command is only about produce, however many are familiar with the law of Ma’aser Kesafim – tithing one’s monetary earnings and giving it to Tzedakah. The Sifri, quoted in Tosfos in Ta’anis 9a discusses this practice on the Possuk עשר תעשר, saying that the obligation of Ma’aser is not limited to produce, rather it applies to all sorts of income. Furthermore, the Gemara in Ta’anis says thatעשר בשביל שתתעשר, one should give Ma’aser in order to become wealthy. Even though one is forbidden from testing Hashem as it says לא תנסו את ה' אלקיכם, in this matter, giving Ma’aser, one is permitted to test Hashem if he will become wealthy. The Ohr Zarua in the Halachos of Tzeddaka assumes that this Gemara is referring to the Ma’aser of money and not just to produce.
From this it would seem that the practice of Ma’aser Kesafim is also Min HaTorah. Otherwise, how would it permit the issur of לא תנסו. The Bach, though, in Yoreh Deah siman 331 writes that not only is Ma’aser Kesafim not D’oraisah, but it isn’t even an obligation Mi’drabonon. It would seem that if this is the case then surely one would be forbidden to use Ma’aser to test Hashem.
Even though there are those that rule this way, as brought in the Pischei Teshuvah, the Shulchan Aruch rules that one may indeed test Hashem in this manner.
The Chafetz Chaim in his sefer Ahavas Chessed reconciles this question. He writes that even if one is not obligated to give any money, the mere fact that he is giving money for the sake of the service of the Mikdash guarantees him wealth. Therefore, the degree of obligation is insignificant in regard to Hashem’s guarantee.
It is important to note that according to the opinion that Ma’aser Kesafim is only a Minhag, there’s a stringency in that if a person accepts it upon himself, it has the status of a Neder, a vow. Therefore, the Chafetz Chaim writes that one should be careful when he begins to give Ma’aser to say that he is doing so “Bli Neder” (without a vow). Also if a person did so because he was under the impression that he is obligated to do it doesn’t attain the status of a Neder. As soon as he finds out, though, and choose to continue he should be careful to do so “Bli Neder.”
