ASK THE RABBI
BY Rabbi Heshy Kahan
Q: Can I use ma’aser money for a
Chinese auction or any other forms
of tzedekah event, were I derive
some sort of a benefit?
A: In discussing the first scenario, it
is important to differentiate between
the exact nature of the ensuing
raffle. If the raffle is such where:
1) there are an unlimited amount of
tickets being sold
2) it is being sold over a prolonged
period of time Then one may use
ma’aser funds for such a purchase.
The reason being that there is no
real value to each ticket as there will
be as many sold as is possible with
no set time for it to end. Conversely,
if the raffle or auction has a specific
amount of tickets that are being
sold, then one may not use
ma’aser funds for this purpose.
As if the chances are i.e. 1 out of
1000 for one to win then he would
be using ma’aser money to buy
himself something of definite value,
something that is prohibited to do
(as one may not use ma’aser funds
for his own benefit). If the raffle is
taking place over a short period
of time, such as is the case with a
Chinese auction then one should
evaluate how much the chance of
winning is worth. Since in many
cases each ticket costs much more
than the actual chance is worth one
should deduct that amount from the
ticket price and may then take the
difference from ma’aser funds. For
example, if the value of a chance
to win an 18-speed bicycle is worth
$5, but for this particular item at the
Chinese auction each ticket is being
sold for $20, then one may deduct
$15 dollars from ma’aser. If post
facto one actually won the raffle, he
should then give the organization
the amount it costs him to purchase
that ticket from his own money as
opposed to coming from ma’aser
as it had originally. If the prize was
in cash one should ideally give the
ma’aser of those winnings to that
same organization as well. As far as
using ma’aser money for any other
benefit the general approach is to
deduct the amount that this benefit
is worth and only take the difference
from ma’aser. For example, if the
three-course steak dinner by chef
Preston is being served by the
Yeshiva dinner is worth $90, and it
costs $180 a plate, one may only
take $90 from ma’aser funds.
Q: May I buy stock in KFC or any
other non-kosher food company?
A: Although one may benefit from
foods that are biblicaly prohibited,
one may not do business with
these foods. Whether this issur
is min hatorah or m’drabannon is
discussed amongst the poskim,
either way doing business with
non-kosher hamburgers, hot dogs
etc. are forbidden. However, when
it comes to buying stocks there is
room for leniency based on two
factors: I. Since the main reason
behind this prohibition is that, we
are concerned that doing business
may lead one to
eat the food; this would not apply to
stock or stock options, as one does
not actually see the food.
II. Owning a minority amount
of stock in a company does not
consider one a significant partner.
Therefore buying stocks in a
company that sells non-kosher food
is not considered “doing business”
with these items, as in essence this
person doesn’t have a real say in
the business decisions
of this product. This is all assuming
that one is a limited or non-active
party member, if one were to be
majority owner of a company selling
non-kosher food then this leniency
would not apply. Such as the raffle
for 100,000 dollars cash, it is usually
stretched over the duration of
many months and has an unlimited
amount of tickets available for sale
Derech Emunah 7:5,
Sh”ut Shevet Halaivi 9:200
Igros Moshe O.C. 4:76:2
See Teshuvos V’hanahagos 3:289
One should consult a halachic authority as
to how one should create a value for the
chance of winning each particular item
Igros Moshe Ibid.
Igros Moshe C.M 2:58
Pesachim 23a, Y.D. 117:1
Pri Megadim Y.D. 84:18, Chachmas Adam
69:1
Se
Darchai
Teshuva
117:21,
Chelkas
Binyomin 117:1
Igros Moshe E.H. 1:7
CLARITY MAGAZINE march 2014
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