Halachot and Customs

May one buy sacred books with maaser funds?

Buying sacred books with maaser funds

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Question

May I buy sacred books, such as Gemara, works of mussar, and the like, with my maaser funds? 

Thank you very much.

Answer

Greetings, It is permitted to buy sacred books with maaser funds on condition that they are to be placed in synagogues and study halls. However, one should be strict not to buy sacred books for personal use with maaser funds. 

Sources: Although the Taz, Yoreh Deah (siman 249, seif katan 1) and the Shach (seif katan 3) cite, in the name of the Derishah from a responsum of Maharam Menachem, that one may use maaser money to buy books in order to learn from them and lend them to others for study if he otherwise would not have been able to do so and would not have performed that mitzvah. The Taz concludes: It seems to me that when one buys a book for himself, he should write on it that it is from maaser, so that his children will know this and will not treat it as theirs. End quote. However, the Aruch HaShulchan wrote there (seif 10) that this leniency requires further examination, for if so we would also permit him to buy tefillin from maaser money and a tallit, and others would also pray with them, etc. He concludes: Therefore, it is proper to distance oneself from this leniency. Likewise, it was cited in the name of the Chazon Ish, zt"l (Orchos Rabbeinu, part 3, p. 138), that he was careful that maaser money be given to tzedakah and that books not be bought with this money, even if one would write on them that they are not his own but were purchased with maaser funds. See also Orchos Rabbeinu, part 1 (p. 303), that Harav Y. Kanievsky, zt"l, bought books several times with maaser money and wrote on them that they were from maaser. But he stopped buying them because they must be given to anyone who requests them, and in his case no one requested them. Also in the name of Rav Shmuel Wosner, zt"l, it is cited (Teshuvos Avnei Yashpeh, part 1, siman 191, branch 4, letter 3) that one should not be lenient in this matter because one would need to lend them frequently, and it is difficult to maintain this. Similarly, in his work Teshuvos Shevet HaLevi, part 7 (siman 195, beginning words Veodot), he wrote that the inclination is to be strict, because over time people come to stumble in this by keeping the books primarily for themselves. This was also the view of Rav Elyashiv, zt"l (Teshuvos Avnei Yashpeh there), that it should be forbidden because books are available today and this does not constitute kindness toward others. Likewise, the same is written in Derech Emunah, part 1 (Laws of Gifts to the Poor, chapter 7, halachah 5, beginning words Ve-echad me-asar), that in earlier times, when there were few books, and anyone who had a book was asked for it by everyone, this was a matter of tzedakah. But in our times, when Hashem has blessed us and books have become plentiful, and they are only rarely lent out, this is like other household items that are sometimes lent out and is not related to tzedakah. See also Teshuvos Tzitz Eliezer, part 9 (siman 1, chapter 2, letter 5) and Teshuvos Mishneh Halachos, part 6 (simanim 196-198). However, it is permitted to buy sacred books with maaser funds and donate them to synagogues and study halls - see the book Nehar Mitzrayim, part 1 (matters that may be done with maaser money, letter 2) and Teshuvos Shevet HaLevi there. With blessing, Hillel Meirs


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