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Maaser on Father’s Money

Question:

I learn in kollel and am supported by my father. He lets me use the money he gives me for anything I want, but not to give it to tzedaka.
Can I use the money I get from kollel as masser on the money I recieve from my father?
Note that he gives me a fixed amount each month, and this will not cause me to ask him for more money.
Also, this will not at all affect my standard of living.
Another question: if the answer to the previous question is yes, what if the money from my father and the kollel are in the same bank account? If my father puts money into the account, and then the kollel does, can I then give the maaser, and say that since the last money put in is from the kollel, the money I am now taking out is from the kollel, or does the money all get ‘mixed up’ in the account?
Many thanks

 

Answer:

Hello,

Being that your father gave you the money on the condition that you should not give maaser from it, you ae not allowed to use his money for giving tzedakah. The reason is because a person who gives someone else a gift has the right to limit their use of the gifted item. (As a side point, Hashem gives us many gifts, and He has the right to limit our use of them since everything is His…).

You are however allowed to use your personal money, such as your Kollel check, to give maaser, even to the amount that your father gives you. This is because this money is yours to do as you please, especially since it isn’t going to negatively affect you.

Even if the two monies are mixed into the same account, nevertheless, what is your is your and what your father gave you is different. When you give the maaser you are not giving from his money rather from yours.

Best wishes

Sources:

Shulchan Aruch Choshen Mishpat 141-5, SM”A ibid 15, Tzedakah U’mishpat chapter 5 ftnt. 26.

 

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