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Q. I have two young children, baruch Hashem. One a year and a half, and one two months old. Am I allowed to use the Chanuka gelt they received to buy them things they can use and enjoy (e.g. books) or is it considered their money that I can’t use, and must save it for them when they are old enough to spend it on their own?

A. According to halacha, the gifts given to children at this age, who are living at home, do not really belong to them.

Even in other cases where the children would have their own money, the parents can decide how to spend the money for the children’s benefit. See the next Q&A for elaboration. (Accordingly, the parents should also be separating maaser from these funds.) #12414*

Ownership of a Minor’s Funds

Q. May I use my son’s gifts to pay for his Bar Mitzva celebration?

A. Guests at a Bar Mitzva celebration often leave a present: a monetary gift of cash or check, a sefer (holy book) or other gifts. Sometimes the gift is clearly demarcated; others, even unlabeled, have a de facto owner by the theory of umdena (logical assessment)—for example, a sefer would likely be intended for the Bar Mitzva boy himself. But to whom do the gifts, even the inscribed ones, really belong, the Bar Mitzva boy or his parents? Perhaps they own all his possessions?

Halacha discusses an adult child—a Bar Mitzva, is after all, an adult—who is samuch al shulchan aviv (lit., reclines on his father’s table, i.e. is fully supported by his parents). If this “child” comes by a possession, for example, he finds a metziah (an ownerless object), most poskim agree that it belongs to the child. Rabbeinu Tam disagrees, and claims that in this case, the adult child’s metziah belongs to his parents. It is not definitive whether Rabbenu Tam would include a matana (gift) in the same category as a metziah, or whether it might, in his opinion, belong to the adult child. The consensus among poskim is that ownership is definitely conferred once the adult child is a muchzak (lit., established, i.e., has established ownership by having the item in his possession); by accepting the gift from the giver, the item is his free and clear.

If the gift is in the parent’s possession, there might be place in halacha for them to keep it on the principle of “Kim li!” (lit., “this is my opinion!” i.e. someone who is a muchzak can often rely on a minority halachic opinion in his favor). Halacha2Go #663

Chanuka Gelt For Teachers

Q. Can a teachers appreciation gift or Chanuka Gelt for teachers come from maaser?

A. If the teachers are in the category that they may receive tzedaka – as often is the case – then it may be taken from maaser money. However, if it is an expectation that parents give, then in such a case it is like an obligation and maaser money should not be used.

Q. What if there is an expectation to join, as all the other parents are giving together, but the one meant to give needs tzedaka herself?

A. Assuming the teacher is in the category of receiving tzedaka, the question is, is a person who cannot meet their own needs obligated to give tzedaka? The answer is: if a person cannot support themselves, they are temporarily exempt from tzedaka and maaser.

However, the Rebbe suggests that this person should still give some tzedaka and also keep a memo of how much he ‘owes’ to maaser, so that one day when he will IY”H be able to pay it, he can do so. #1981*

Shlichus & Maaser

Q. I’m a Shliach and I really want to understand the standard of maaser. What is considered making ends meet? Rent, groceries, utilities, phone and gas? What expenses of a Shliach is considered maaser worthy? Like am I able to take maaser every month and put it towards buying a house which will be a Chabad house? If I need, let’s say, 4000$ a month and by paying maaser I only have 3600$ what do I do? Put it from one pocket to the other? A Seder or a course to teach people, can I use maaser for that?

A. In general, a shliach is supported by the donations of the community who support the activities and service that the shliach provides for the community. When a shliach receives these donations, this money should be kept as Chabad House/Shlichus money and maaser does not have to be given.

These donations can come from maaser.The shliach may (and should) take a reasonable paycheck for his work on shlichus in order to pay for all of his personal and family expenses. Under normal circumstances maaser should be given from this ‘paycheck.’ It can be given to his own Chabad House.

If this ‘paycheck’ is limited and would not cover all basic living expenses if maaser is deducted, he is exempted from giving maaser, however some tzedaka should still be given and a calculation of all maaser should be kept to be paid when IYH he would be financially able to (see: Igros Kodesh 17:262. 18: 383. 27: 97).

If the shliach and Chabad House are in the same location, the rent or mortgage can be split between the Chabad House and the shliach personally. In other words, either the shliach would own the property personally and the Chabad House would pay rent for the use, or the Chabad House would own the property and the shliach would pay rent for his personal use of the location. #4034 

*References are available for this Halacha on the websites: www.Halacha2Go.com and www.AskTheRav.com.

Please note that these halachos apply in general situations, if you are unsure whether the halacha applies to your particular situation, please consult a Rav.

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