Question:

I asked a prominent Rav in Yerusholaim when I choose to become an equity partner in the deal if I have to give Maaser, He told me I do Not have to give Maaser because I did not realize the money yet. When I discussed this with my consultant which happened to be a local Rav in the US he argued that because I had the option of taking money I must give Maaser, perhaps I should get a Mekor/Source.

Do you have a source for the former Psak?

Thanks in advance.

Answer:

There is controversy among the poskim if one has to take maser off a present of real estate. Everyone however would agree that in you case, since it isn’t a present, but it is payment for money that was earned that maser has to be taken from it. The only issue though would be if it has to be taken now, since the money was earned now, or can it wait until later when the money becomes liquid. There are a number of poskim that say that if you have enough money that you can give the maser now, that is best, however if you don’t then it can wait until you have the funds to do so, or until you sell it and get the funds.

Sources:

Kol Hatorah vol. 39 pg. 87 question 4 to R’ S. Z.  Auerbach, also see B’orach Tzedakah pg. 325 that R’ S. Z. asked if one has to take maser from merchandise that was given as a wage. He answers that if the person has the money now then he should give it now, but if not he can wait until the item is sold. Also see sefer Maaser Kesafim pg. 26 who quotes R. M. Feinstein zt”l that one has to give maser on reinvested dividends of stocks, (the person had the option to get the stocks or cash). Also see Sharei Tzedek 9-3.

Tags: maaser money real estate

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