Parshas Korach 5784 – Intriguing Questions & Answers

Rabbi Yaakov Aron Skoczylas   -  

Can a father who tore up his son’s ticket use ma’aser money to reimburse the boy?

Q: I strongly disapproved of my son’s choice to attend a certain show, and in my exasperation, I tore up his ticket. Understandably, he’s very upset, and I’d like to reimburse him for the cost of the ticket. Apparently, however, he paid a whopping $85 to attend this event, and I’m struggling and really don’t have the money. Can I use ma’aser funds to repay him?

A: This person’s question is based on the following assumption: Since his objection to his son’s attending the show and, ultimately, his destruction of the ticket was motivated by a desire to spare the boy from exposure to something he views as spiritually damaging, perhaps he can now use ma’aser money to reimburse him, as part of that core mitzvah of protecting his son’s precious neshamah. Theoretically, this would be in accordance with those Poskim who permit the use of ma’aser money for a mitzvah.

On the other hand, irrespective of his motivations, he damaged his son’s property, valued at $85, which could obligate him to reimburse the boy. In this simpler halachic equation, he would not be permitted to use ma’aser money – the only question being the possibility of leniency in light of his financial challenges.

Before spelling out some guidelines for when we could use ma’aser money for mitzvos, I must note that we find a three-way machlokes as to whether giving ma’aser (a tenth of one’s earnings) is an obligation in our times. Some say it is indeed a direct Torah obligation. Others maintain that it is miderabanan. And some say that it is a minhag (See Taz YD 331:32). Today, we generally regard it as a minhag. This minhag is very much recommended, as I’ve heard many Gedolei Yisroel express the importance of excelling in this custom and spreading awareness of it. And many successful businessmen have revealed that giving ma’aser from their earnings has triggered tremendous berachah in their business dealings and that, in fact, the more they give (and surpass the one tenth minimum), the greater the berachah.

Regarding using ma’aser money for mitzvos, many Poskim maintain that it is permitted – meaning, for “mitzvos” that are not incumbent upon a person. Therefore, one may not use ma’aser money to purchase tefillin, tzitzis, or arba minim. See the Rema (Yoreh Deah 249:1) and Sefer Tzedakah and Mishpat (6:2).

Relevant to our question regarding the son’s ticket is how we view the halachic nature of the father’s act. Is destroying the ticket a mitzvah, in and of itself – namely, of stopping his adult son (i.e., at least thirteen years of age) from performing an aveirah, or is it merely a laudable act? Also, does a father even have such an obligation with regard to his adult son?

The Shulchan Aruch (Orach Chaim 343) writes that one must prevent his child from wrongdoing, yet the Pri Megadim clarifies that once the child has reached the age of thirteen, the obligation is no longer the father’s. Whether or not such an obligation falls upon other Jews who see the thirteen-year-old doing something wrong is a matter of debate; but the father becomes exempt upon his son’s bar mitzvah. In our case, therefore, the father would have had no obligation to prevent his adult son from attending the event, so he would be unable to regard reimbursing the youth as an extension of a mitzvah and, hence, as something he could facilitate through ma’aser money.

An area of further concern in this case is based on the laws of Choshen Mishpat stating that one who tears another’s contract, check, or cash bill is obligated to reimburse him for his loss. If so, the father would be obligated to reimburse his son, and as stated, one may not use ma’aser money for something in which one is obligated.

In conclusion, I searched many seforim discussing various issues of ma’aser money but could find no halachic precedent for this particular case. I then consulted with Harav Nevenzahl, shlit”a, and he said that providing a heter to reimburse the son with ma’aser funds is no easy task (based on some of the above-mentioned uncertainties). Yet given the father’s financial struggles, the Rav concluded that he could use ma’aser money to repay his son, especially if he felt it was a mitzvah to prevent him from going.

Based on this, I ruled that if the father must be lenient, he has on whom to rely. In a similar vein, I’ve been asked on many occasions if ma’aser money could be used to take taxis to work, school, yeshiva, or kollel in order to avoid the sights one sees and the language one hears on public transportation. Here, too, we must consider if reorganizing one’s travel protocol to avoid such things is an actual obligation, or a laudable endeavor in keeping one’s eyes and ears clean. Practically speaking, however, we rule that if one senses spiritual growth as a result of making such changes, one may certainly use ma’aser money to fund his alternative methods of commuting, and some of the supporting Gedolei Haposkim have told me that this allowance should be publicized.

Toveling a Peeler with a Price Tag Sticker That Was Left on The Handle

Q: I recently was by the keli mikveh and immersed my peeler, which had a price tag sticker on the plastic handle. I am aware that we don’t usually need to immerse plastic utensils in the mikveh. I thought that since the sticker was on the plastic handle and not the metal part, it wouldn’t be an issue because the metal part didn’t have any chatzitzah. Do I need to immerse the peeler again because of the sticker, if it is considered a chatzitzah?

A: When toveling a utensil, the water must touch the entire utensil, both inside and out (Shulchan Aruch YD 120:1, Chachmas Adom 73:16). Even if a utensil is made from materials that do not require tevilah, such as plastic, the entire utensil must be completely immersed in the water. If it is not completely immersed, even if it were the part that would not require tevilah on its own, it is an invalid tevilah. This is because the other materials are needed to make the metal parts usable.

Before toveling a utensil, one should remove all stickers, dirt, rust, etc., from the keli because leaving them on is a chazitzah which makes the tevilah invalid. One is not required to remove a chatzitzah which he is not makpid on. However, this is only if the sticker, etc. does not cover the whole utensil. If the chatzitzah covers most of the utensil it is still considered a chatzitzah even if one is not makpid on it.

A sticker which is not usually removed from the utensil is not a chatzitzah. For example, some say that a sticker with the word “crystal” does not have to be removed because it is chashuv to keep it on the utensil. One who toveled a utensil with a chatzitzah on which he is makpid has to repeat the tevila. One who only realized that there was a chatzitzah after taking his mind off the tevilah has to recite another beracha before toveling the keli a second time. (See Sefer Ohel Yaakov at length)

In our case since the price tag is something one is usually makpid to remove, even though it was on the plastic part, it is still part of the keli which needed to be fully immersed and needs to be removed and repeat the tevila.

Food That Was Placed Under A Bed

Q: When I’m visiting my children at sleepaway camp, I see that the most convenient place to store the suitcase and trunks is under a bed. Often, my son stores some of the goodies he brought with him in the suitcase and keeps them under his bed. Is this a problem? I remember learning that food under a bed can receive “ruach raah,” a spiritual impurity, and then the food can’t be eaten. But since it is in a suitcase, is it protected from that? The same question comes up when I travel and store my bag with food under my seat on the airplane. Should that be avoided?

A: The Gemara in Pesachim (daf 112) and Shulchan Aruch YD (Siman 116:5) write that food or drink placed under a bed get a spiritual impurity hovering over them and shouldn’t be eaten, even if they are stored inside a box or bag etc. There is a dispute amongst the Acharonim as to whether the food is forbidden even bedieved (This is opinion of the Gr”a). Most Poskim maintain that it is permitted, however, they warn that lechatchila food should not be placed under a bed (See Pischei Teshuva 5, Rav Akiva Eiger). This applies even while no one is sleeping on the bed while the food is stored there.

Many times, on a bus or airplane one places a bag with food underneath his seat (as a matter of convenience or due to a lack of room in the overhead compartments). Even if one falls asleep in the seat the food in the bag may be eaten. The reason for this is because of the above-mentioned lenient opinions. Additionally, even according to the stringent opinions it is permitted since these chairs are not meant for sleeping for a long period time, and therefore do not have an equal status to a bed, and the food may be eaten Bidieved.

Mazel Tov!

Mazel Tov to Mr. and Mrs. Aaron Yurowitz, on their son Shlomo Yehuda’s Bar Mitzvah! May Hashem bless you to see him grow in Torah and Yiras Shamayim, and may you continue to derive immense Nachas from him and all your children.

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