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TU BISHVAT READING

R abbi S tewart W eiss
Rabbi Stewart Weiss

MITZVOT HATLUYOT BAARETZ MA’ASER

Gi ‰Š‹ Ge

a’aser – the practice of tith- both teruma and ma’aser rishon were ma’aser rishon or ma’aser ani. Others
ing – first appears in the taken. This was taken to Yerusha- see it as part of the general mitzvah
MTorah not as a direct com- layim, where it was eaten by the of tzedakah (Sheilat Ya’avetz vol. 1
mandment, but as a practice done by owner and his family while in a state Ch. 3). Rambam writes that the most
the Avot. After Avraham’s military vic- of tahara, ritual purity. It could also desirable way of performing the mitz-
tory over the four kings who attacked be “redeemed” by bringing an equiv- vah of tzedakah is to give a fifth of
Sodom, he gave a tenth of the spoils to alent sum of money to Yerushalayim one’s financial resources (Laws of
Malkitzedek, “priest of G-d” (Bereishit and spending it on food and drink, Gifts to the Poor 7:5); giving a tenth
14:18–20). The Midrash also states that consumed in a state of ritual purity is an “ordinary” measure; giving less
Yitzchak tithed his produce (Midrash (Devarim 14:22–29). reflects stinginess.
Rabbah Toldot 64:6). In the third and sixth years of the While the details of what may be
But the most well-known source con- seven-year Shemitah cycle, ma’aser deducted from one’s income before
cerns Ya’akov. While fleeing to his ani for the poor was given instead giving, and where those funds may
uncle Lavan’s home, Ya’akov prayed: of ma’aser sheni. In the fourth and be directed, are too numerous to be
“If G-d will be with me, and give seventh years, “biur ma’asrot” would discussed here, the general principle
me bread to eat and clothes to wear, take place; tithes that had not been is that we can donate to any chari-
and I return in peace to my father’s distributed, eaten or redeemed would table cause or Torah institution, but
house, then from all that you give me be burned or otherwise disposed of funds may not be used for a mitzvah
I will give a tenth to you” (Bereishit so it could not be used in any way in which we are already obligated (e.g.
28:18–22). (Devarim 14:22–29; 26:12). buying a mezuzah).
The practice of tithing appears again In the seventh year of the Shemitah Regarding ma’aser kesafim, the
later on in the Torah, after Korach’s cycle (coming this next Rosh Hasha- Gemara states: ר ֵ ׂ ּ ש ַ ע — ״ר ֵ ׂ ּ ש ַ ע ְּ ת ר ֵ ׂ ּ ש ַ ע״
rebellion, when the rebels question nah!), when fields are declared own- ר ֵ ׁ ּ ש ַ ע ְ ת ִּ ת ֶ ׁש לי ִ ב ְ ׁש ִּ ב, “give in order to
the institution of the Kehuna. G-d erless, no teruma or ma’aser was given become wealthy” (Ta’anit 9a). While
commands Aharon concerning giving (Sifri on Devarim 14:28). it is generally forbidden to test G-d, in
teruma (the farmer’s contribution Ma’aser applies only in the Land of this case it is allowed, as it says, “‘Bring
to the Kohanim from crops grown in Israel (Kiddushin 36b). There is a the full tithes into the storehouses…
Eretz Yisrael), and also commands dispute as to whether teruma and and try me now herewith,’ says the
Moshe regarding giving a tenth of ma’aser are biblical or rabbinic mitz- L-rd of Hosts, ‘if I will not open the
the remaining produce to the Levi’im. vot. The consensus is that the mitzvot windows of Heaven to you, and pour
This tenth is called ma’aser rishon – associated with the Land are bibli- out to you a blessing, that shall be
the “first ma’aser”: “To the Levi’im, I cally required only if the entire nation more than sufficient’” (Ta’anit 9a).
have given all the tithes in Israel as dwells here (Rambam, Laws of Ter- As with all the mitzvot in the Torah,
an inheritance, in return for the ser- umah 1:21; Shulchan Aruch Yoreh while it may seem we are giving, in
vices which they perform” (Bamid- Deah 331:2). That miraculous phe- reality we are receiving! We are the
bar 18:21). These services included nomenon, once just a far-away dream,
administering the Mishkan and Beit is fast approaching reality – if we are ones who are the true recipients and
beneficiaries of every act of holiness
HaMikdash as well as serving as spir- not there already! we merit to perform.
itual leaders throughout Israel. There is another type of ma’aser which
The Levi then separates ma’aser from is applicable to all Jews everywhere:
the ma’aser, i.e. a tenth of what he ma’aser kesafim, tithing a portion
received, called terumat ma’aser, and of our (disposable) income. Most
gives it to a kohen. see it as either a rabbinic enactment Rabbi Stewart Weiss is director of the
Ma’aser sheni was a second tithe taken derived from the mitzvah of tithing Jewish Outreach Center in Ra’anana, and
from the produce remaining after crops, or merely a minhag paralleling a columnist for the Jerusalem Post.

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