Vol.

18 Issue #11

Parashat Vayechi
Maaser Kesafim

11 Tevet 5774

Rabbi Michael Taubes

When Yaakov Avinu, while running away from his brother Eisav, awakens after dreaming about the Malachim ascending and descending the ladder, he davens to Hashem, and vows that if Hashem will provide for his needs and see that he will return safely to his fathers home, he will give Hashem one tenth of whatever he has (Bereishit 28:20-22). In the Daas Zekeinim MiBaalei HaTosafos (Posuk 20 s.v. im), a Midrash is cited which indicates that Yaakov at that time instituted that one should give away one tenth of ones money to Tzedakah. Although the Torah itself clearly presents elsewhere the Mitzvah to support the poor by giving Tzedakah (Vayikra 25:35, Devarim 15:7-8), no guidelines are given as to specifically how much money or what percentage of ones income must be given to Tzedakah in order to properly fulfill this Mitzvah. The idea of giving one tenth of ones agricultural produce to the poor is indeed documented in the Torah (Devarim 26:12); this is known as Maaser Ani, which was given in years three and six of seven year Shemitah cycle. No other mention, however, of a requirement to give specifically one tenth of anything to the poor is found in the Torah. Based upon a Posuk in Mishlei (3:9), however, the Yerushalmi in Peiah (3b) implies that one is required to give Maaser Ani, a tithe of one tenth to the poor, from all of ones possessions, not just from agricultural produce. This view is cited by the Mordechai, in his commentary on the Gemara in Bava Kamma (Siman 192, 53b Bdapei Harif), where it is presented as a source for the Mitzvah to give Maaser Kesafim. Another source is found in the commentary of Tosafos on the Gemara in Ta'anis (9a) which expounds upon a Posuk later in the Torah (Devarim 14:22) that contains the seemingly extraneous double use of a word in relationship to tithes (Aser Taaser). Tosafos (s.v. aser) cites a statement in the Sifrei (which is not found in our current standard editions) that extrapolates from this entire expression that there are indeed two tithes which must actually be given. The first is the one tenth to be

separated from ones agricultural produce, the second is the one tenth to be given to the poor from any other potential source of income, such as business or other capital gains that one may have. This too, then, is a source for the Mitzvah of Maaser Kesafim. It is worth noting that this same idea appears in the Yalkut Shimoni, in Parshas Reeih Remez 893) and in the Midrash Tanchuma (os 18), where it is mentioned that this gift of one tenth of ones business income should be given specifically to those who are involved in Torah study. The implication of the above sources is that the obligation to give Maaser Kesafim to the poor is rooted in the Torah, a view which seems to be accepted by the Shaloh (Shnei Luchos Habris, Maseches Megillah Inyan Tzedakah Umaaser, s.v. u'mikol makom), among others. Most other Poskim, however, do not consider this to be a Torah based obligation. The Maharil, for example (Shut Maharil, Siman 54, 56), writes clearly that the Mitzvah of Maaser Kesafim is MideRabbanan, and he consequently allows for certain leniencies in this obligation. The Chavos Yair too (Shut Chavos Yair Siman 224), in a lengthy Teshuvah where he discusses, among other things, what exactly is considered income and how to treat business expenses in this regard, likewise quotes an opinion that the obligation of Maaser Kesafim is MideRabbanan, and that the Pesukim mentioned above are just a remez, a hint to the idea in the Torah. He notes there as well that the aforementioned Yalkut Shimoni writes specifically that the Posuk in the Torah is only a remez. The Aruch Hashulchan (Yoreh Deah, 249:2) likewise writes that the requirement to give one tenth of ones money to the poor is only MideRabbanan, and it is merely hinted at by the Posuk in this Parsha referred to above; the Maaser actually required by the Torah relates only to ones agricultural products, and is given to the poor only once every three years. Still other authorities rule that giving Maaser Kesafim to the poor is required neither by the Torah nor by the Rabbanan, but is rather a Minhag, a proper custom. This position is articulated by the Bach, in his commentary on the Tur (Yoreh Deah, Siman 331 s.v. av), when he

 discusses what type of Tzedakah may be given with Maaser Kesafim money, as opposed to Maaser Ani money, and is agreed to by Rav Yaakov Emden (Shut Sha'ailos Yaavetz vol. 1 siman 6), who, quoting the above cited Posuk in this Parsha, writes that giving Maaser money to the poor is a middas chasidus, an act of piety learned form Yaakov Avinu; he then proves that there is no actual obligation, even on the level of a Mitzvah MideRabbanan. In an earlier Teshuvah (Siman 1), Rav Yaakov Emden quotes from his father the Chacham Tzvi that the Bachs position is correct, and he himself brings proofs to his fathers view in a subsequent Teshuvah (Siman 3). The Chavos Yair, in the aforementioned Teshuvah, agrees to this position himself as well; this seems to be the majority view. The Pischei Teshuvah (Yoreh Deah s.k. 12) notes that this position that giving Maaser Kesafim is only a Minhag was actually presented much earlier by the Maharam of Rothenberg. He then adds, however, that some hold that although it is only a Minhag, once one has observed the Minhag, he shouldnt stop doing so except in a situation of great need. Some of the above quoted Poskim discuss how many times one must observe this practice before it is considered that he has permanently adopted the Minhag.
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Vol. 18 Issue #11 specifically that he would like to use the money to pay for other Mitzvos or to support other charitable causes and not just give it to the poor, he may do so.

One of the issues which depends upon whether giving Maaser Kesafim is an actual Mitzvah (from the Torah or from the Rabbanan) or whether it is simply a Minhag is the question of to whom one is required to give Maaser Kesafim money. The Shulchan Aruch (Yoreh Deah siman 249 seif 1) writes that one must support the poor by giving them as much as they need, keeping in mind how much he can afford; giving one tenth is considered the average contribution, while one who wishes to be generous should give one fifth, as suggested by the Gemara in Kesubos (50a). The Ramo adds, though, that Maaser Kesafim money must be used specifically to be given to the poor, and not for any other Mitzvah or to assist any other worthwhile cause. The Shach quotes those who disagree and say that expenses for a Mitzvah which one otherwise would not have done may be paid for with ones Maaser money. The view of the Ramo is most likely based on there being a strong connection between Maaser Kesafim and Maaser Ani; the latter had to be given to poor people and not used even for Mitzvos. The view of the other Poskim probably is that since giving Maaser Kesafim is simply a Minhag, its rules do not necessarily parallel those of the Mitzvah to give Maaser Ani. The Chasam Sofer (Shut Chasam Sofer, Yoreh Deah siman 232) makes this very distinction; in his previous Teshuvah (Siman 231) he suggests that if when one first decides to undertake the practice of giving Maaser Kesafim, one has in mind

In terms of how to calculate ones income for the purpose of determining how much the one tenth is that he must give away, Rav Moshe Feinstein (Shut Igros Moshe, Yoreh Deah vol.1 siman 143) writes that money which is held back from ones paycheck for withholding taxes is considered as if it was never his, and thus is not viewed as part of his income; Maaser Kesafim need not be deducted from that portion of ones salary. This is unlike money which one actually has, but uses to pay for sales tax and the like, which is nevertheless considered part of ones income. He also discusses how to treat household expenses, such as funds needed for child support, in terms of whether such money is subject to Maaser Kesafim. Rav Yosef Karo, in one of his Teshuvos (Shut Avkas Rachel siman 3), seems to rule that funds spent on all essential household needs are not subject to the requirement of Maaser Kesafim, but it is questionable as to whether or not this view is accepted; Rav Ovadyah Yosef (Shut Yichaveh Da'as vol. 3 siman 76 os 4) discusses this matter, quoting numerous opinions. It is worth noting that the Chafetz Chaim, in his treatise entitled Ahavas Chessed (Inyan Ma'aser Kesafim, Perek 18 os 2), offers specific guidelines as to how to properly observe the practice of giving Maaser Kesafim, including recommendations that one keep written records in a notebook about how much he gives to Tzedakah, as well as that one should take a reckoning of ones income and ones Tzedakah contributions once or twice a year. He adds later (20:6) that one who is careful about giving Maaser Kesafim is treated as though Hashem Himself were his partner in business.

A Changed Man, an Honest Man

Yitzi Lindenbaum
In the very beginning of this weeks sidra, Yaakov famously asks Yosef to ensure that the Mitzrim do not bury Yaakov in Mitzrayim, but take him to Eretz Yisrael to be buried with his wife, parents, and grandparents. At first, Yosef simply responds with Anochi eesseh kdvarecha I will do as you spoke. But Yaakov then asks Yosef to go further and make an oath. Yosef complies. This pattern basic request, agreement, request for oath, and oath is reminiscent of another famous

 exchange in Sefer Bereishit. In the beginning of sidrat Toledot, Eisav returns ravenous and exhausted from the field to Yaakov preparing a meal. If the details of what follows are not exactly clear, what is clear is that Yaakov performs some sort of trickery that results in Eisav selling him his firstborn right. At first, Eisav simply agrees to the sale, but Yaakov asks that he swear, and so Eisav does.
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What is there to be learned from this parallel? Perhaps the parallel is highlighting the very important differences in the two stories. Firstly, the subject matters of the sales are polar opposites. The sale of Eisav's birthright is, as the name implies, a matter relating to birth. Yaakov is retroactively rearranging the order of the twins births. And Yosefs promise to bury Yaakov in Eretz Yisrael is, of course, a matter of death. In this sense the parallel bookends Yaakovs life, and the other differences between the two stories may represent essential changes that Yaakov undergoes throughout its course. Secondly, the Yaakov that we see buying the birthright from Eisav is forceful and almost demanding when Eisav requests some food, Yaakov curtly responds with sell me your firstborn right, in the imperative mood. By contrast, Yaakovs burial request to Yosef is done with utmost respect If I have found favor in your eyesplease do not bury me in Mitzrayim. When all is said and done with Yosef, Yaakov thanks Yosef with a bow. Now, some may attribute this difference solely to the differing statures of his interlocutors, but perhaps it can also show a deeper change in Yaakovs character from his youth to his old age. Finally, the two stories are further connected and differentiated by similar turns of phrase that appear in each story. In the story in Toledet, Eisav says Hiney anochi holeich lamut Behold, I am going to die; in Vayechi, the Torah introduces the story with Vayikrivu ymei Yisrael lamut And Israels days approached death. This emphasizes a role reversal that occurs between the two stories. Before, Eisav was the one who was backed into a corner, and Yaakov used trickery to force his hand. Here, Yaakov is nearing death and must beg for chessed vemet kindness and honesty to get his wishes. It appears that Yaakov has undergone a transformation from trickster to desperate advocate for honesty. In the beginning of his life, Yaakovs modus operandi is trickery he tricks Eisav into giving him the firstborn right, he tricks his father into giving him the berachot, and he tricks Lavan into giving him as much livestock as possible.

Page 3 But by the end of his life, Yaakov has seen the damage trickery can do. He has been the victim of his rival trickster, Lavan, when he gave him Leah in Rachels stead a trick which, arguably, effected a rivalry so destructive that it separated Yosef from Yaakov for twenty-two years. He has seen his sons, Shimon and Levi, use trickery to destroy an entire village. He now understands that trickery is not the best path chessed vemet are what is right.

It is often wondered how Chazal attribute the midda of emet to Yaakov, since he performs so much trickery. Perhaps the attribution is not based on the famous Yaakov in all the stories, but the changed Yaakov who has experienced a turbulent life and gathered so much wisdom.

Do Not Bury Me in Egypt

Ben Tzion Zuckier

In this weeks parsha, Parshas Vayechi, Yaakov makes a strange request. He tells Yosef Do not bury me in Egypt, but rather you should bring my bones to Canaan and bury me with my fathers in the Cave of Machpelah. What was the purpose of this request? Rashi presents two answers. Firstly, it is imperative that he be buried out of Egypt because the soil will become lice during the ten plagues. Secondly, the request was necessary because when the resurrection of the dead occurs, those outside of the holy land have to roll their bones through underground passages to reach Israel, an excruciating ordeal.

The Rashi before the one above states that the words Chessed veemes, kindness and truth, should be rendered kindness of truth, acts of unreturnable kindness, namely, the burial of dead people. However, it seems that Yaakov is not referring to burial in general, but rather burial specifically in Canaan as the great kindness, so how can we understand what kindness and truth mean?
R. Shimshon Rafael Hirsch offers a different explanation. He says that Yaakov is asking Yosef to ensure the kindness of burial be done in Canaan, the true homeland of our people. Yaakov understood that Bnei Yisrael had begun to lose the sense of their being in galut, and Yaakov wanted to reconnect them with Eretz Yisrael. After Yaakov charges Yosef with this request, Yosef replies, anochi e'esseh k'dvarecha, I will do as you say. The Seforno explains anochi, mitzad atzmi, e'esseh k'dvarecha bichol kochi" ,I will on my own do what you ask with all of my power. The simple understanding of this is that

Vol. 18 Issue #11 Yosef is trying to say to Yaakov, There is no need for an This again begs a question: if Yaakov did not know oath; I can fulfill your wishes. But in the next pasuk, about Mechirat Yosef, then how could he command Yosef Yaakov insists that Yosef make an oath and he acquiesces. to forgive the brothers? Furthermore, the Ramban adds, if he did know, why did the brothers not beg him on his The Ramban is puzzled as to why Yaakov needed deathbed to tell Yosef in person to forgive them? Yosef to make a promise; was Yaakov really suspicious that his son would not carry out his wish? Rather, the Ramban The Pesikta Rabati tries to answer the first question offers two explanations. Firstly, so that if Pharoh tried to by pointing to the righteous nature of Yosef. Yosef knew stop Yosef, he could say that he had made a promise. that if he would sit down and talk with his father at length, Secondly, if Yosef had made a promise, he would put in the true chain of events would eventually be realized. more effort. In other words, this is saying that if Yosef Therefore, to protect the brothers against cursing, Yosef commits to this in the form of an oath then he will did not visit Yaakov on a significant basis. internalize the message that the Jewish nation really is in The second question is dealt with by the Bereishit exile. Raba. It quotes in the name of Rabbi Shimon Ben Gamliel Just like Yaakov wanted Yosef to internalize the the idea that peace is so great that even the truth can be fact that the Jewish people are in exile, so too we must subverted in its cause. He uses the Pasuk of the brothers think that no matter how comfortable we are, we are still in claiming that Yaakov send him to prove his point. This exile. Through this merit may mashiach come quickly. Good sentiment is further expressed in a Gemara in Yevamot Shabbat. (65b).
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Honesty not the Best Policy?

Steven Herzfeld
In the beginning of this weeks Parasha, we are exposed to a very strange series of occurrences. After Yaakov forces Yosef to swear to bury him in Maarat Hamachpelah, the Torah says that Yosef was told that his father is sick, so Yosef takes his two sons with him to receive a blessing from his father. This is extraordinarily confusing. Here we have Yosef, who after spending twenty two years of his life thinking that his father hated him, finally has a chance to be with his father during the last seventeen years of his fathers life, and he does not visit him constantly? Yosef Hatzaddik, whose whole identity revolved around his connection with his father (the striped coat, Rachels son, they learned together, they looked alike), needs someone else to come tell him that his father is sick?

Nechama Leibowitz suggests that see from here the extraordinary value Chazal place on Ben Adam Lechaveiro, interpersonal relationships. A sons relationship with his father is not allowed to fully develop as that would come at the expense of the other sons relationships. Furthermore, the Shevatim even felt it necessary to lie to Yosef, in order to guarantee amicable relationships between them. This idea is very relevant in our own lives. Often we feel that we must tell the truth, even at the expense of others. Really, we must strive hard to protect ourselves and others, and care about others and their feelings. Peace is truly the ultimate goal, as Hillel tells us in Pirkei Avot, we should all be like Aharon, the paradigmatic Rodef Shalom. Rosh Yeshiva: Rabbi Michael Taubes Rabbinic Advisor: Rabbi Baruch Pesach Mendelson Editors in Chief: Philip Meyer and Ori Putterman Executive Editor: Yehuda Tager Associate Editors: Asher Finkelstein and Yisrael Friedenberg Distribution Coordinator: Ezra Teichman

An even more confusing story is presented later on. After Yaakov dies, Yosefs brothers send him a message, saying that Yaakov wanted Yosef to forgive the brothers for all their sins. Now, according to the Ramban (45:27 s.v. Vayedabru) Yaakov was not told about Mechirat Yosef, because the brothers were afraid of Yaakov cursing them, and Yosef would not tell his father due to his righteous nature.