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Machatzis Hashekel

The beginning of the parsha discusses the mitzvah of machtzis hashekel. There is a mitzvas assay for every man to give a half of a shekel yearly. We find something more stringent with this mitzvah than with most others. The Rambam (hilchos shikalim 1:1) writes that even a pauper who benefits from tzedakah is obligated in the mitzvah of machtzis hashekel, and is even required to sell the shirt off his back to pay for this mitzvah. We learn this from the pasuk of hadal lo yamit. There is a general rule regarding the amount one is obligated to spend for a mitzvah. The Gemarah in kesubos (50a) says one is not obligated to spend more than one fifth of his wealth on a mitzvah. Why is it that for the mitzvah of machtzis hashekel one must spend even more than a fifth of his wealth in order to perform the mitzvah?

The Shulchan Aruch Harav in his igeres hateshuva (chapter 3) writes, that although one should normally not spend more than a fifth of his wealth on a mitzvah, a bal teshuvah who wishes to give tzedakah to atone for his soul may spend more than a fifth of his wealth in doing so. He compares this to one that has medical expenses that he is allowed to spend whatever he can. Based on this p'sak the sefer Harirai Kedem suggests that we can understand why for the mitzvah of machtzis hashekel one must spend even more than a fifth of his wealth. Since the mitzvah of machtzis hashekel is also to atone for ones soul as it says lichaper al nafshosaichem, one may spend more than a fifth of his wealth in order to perform it

It should result from the p'sak of the Shulchan Aruch Harav, that for a korban chatas and other korbanos that bring atonement one should be obligated to bring them even if it will cost him more than a fifth of his wealth. I have not found anyone that discusses this point.     

The Chofetz Chaim in the  Be'ur Halacha (656 d"h afilu) says that the logic behind the spending limit of one fifth on mitzvos is so that one will not give away too much of his money and as a result become needy and be forced to rely on others. In a situation where a half of a shekel is more than one fifth of ones wealth, he is already needy and already relies on others. Since giving the machtzis hashekel will not change his financial situation, he is obligated to do so even though it is more than a fifth of his wealth.

 

Reb Moshe Feinstein (Igros Moshe Orach Chaim 5:41) explains that actually one is not exempt of any mitzvos even if they cost more than a fifth of his wealth. He explains that there are two types of mitzvos. One type is where the mitzvah is the spending of money i.e. pidyon haben. The second type of mitzvah is performed with an item i.e. essrog. With the second type, the money spent on obtaining that item is not part of the mitzvah. When one does not have the item required to perform a mitzvah, he must try to obtain it. Should there be no such items available he will be exempt from performing that mitzvah. The rule that one is not required to spend more than a fifth applies only in this type of mitzvah, where the spending is not part of the mitzvah, rather a means of obtaining it. Since one is not obligated to spend more than a fifth, we consider it as if there are none available. The rule is not an exemption to any of the mitzvos, it merely renders an item unavailable for purchase.

On the other hand with regard to a mitzvah in which the actual spending is part of the mitzvah, such as machtzis hashekel, there is no exemption, and he must spend the money even if it will cost more than a fifth of his wealth, for that is what the Torah has obligated us to do.

 

The following scenario signifies the difference between the p'sak of the Bear Halacha and the Igros Moshe. If a poor man who is currently not reliant on others for his finances, is obligated in the mitzvah of pidyon haben, and the five sla'im needed for the mitzvah amounts to more than a fifth of his wealth. According to the Igros Moshe he would not be exempt from the mitzvah, for the mitzvah is to spend the money. The Beur Halacha would however disagree and exempt the man from the mitzvah, since by spending money for this mitzvah he will become needy and reliant on others.

 

For questions or comments about this column email: RabbiRFuchs@gmail.com

 

 

 

 

[KollelH blog] Tetzaveh - Shatnez - Assey Docheh Lo Sa'asey

In this week's parsha we learn about the vestments of the Kohanim. Interestingly, several

of the vestments are comprised of wool and linen materials. Although normally a garment

containing wool and linen is forbidden to wear for it is shatnez, obviously with regard

to the garments of the Kohanim the Torah has permitted this prohibition. We must try

to understand which method the Torah applied in permitting the issur of shatnez in the

Kohanim's garments in order to properly apply this to other aspects of the torah. One

possible method the Torah could have applied is known as asay docheh Lo Sa'asey,

which means that in order to perform an Assey (positive commandment) one may

transgress a Lo Sa'asey (negative commandment) that would otherwise have prevented

him from performing the Assey. In this understanding the prohibition to wear shatnez

includes the Kohanim's clothing however they may transgress the Lo Sa'asey in order to

perform the mitzvah of the avodah. Tosafos in Yivamos 5b asks why is it that we do not

learn from the bigday Kihunah to the rest of the torah that Assey is docheh Lo Sa'asey.

This is a clear

indication that Tosafos has this view of how the Kohanim may wear

shatnez in their vestments.

The other option is that the torah did not extend the prohibition of shatnez to the

garments of the Kohanim to begin with, this is called hutrah. When the Torah applies

hutrah, there is no prohibition for one to transgress therefore one may do the avairah

even though it is not in order to perform the mitzvah.

The Rambam (hilchos kilaim 10:32) writes, Kohanim that wear their special garments

not while performing the avodah are punished by lashes for having transgressed the

prohibition of shatnez, for they were only allowed to wear shatnez during the avodah as

it is a mitzvah. The Raivad argues with the Rambam, that the Kohanim may wear their

special garments even while they are not performing the avodah.

It seems that the basis for the machlokes between the Rambam and the Raivad is

dependent on the two aforementioned options. The Rambam who holds one can only

wear the garments during the avodah holds that the method used by the torah to permit

the Kohanim to wear shatnez is Assey docheh Lo Sa'asey. As mentioned earlier Assey

docheh Lo Sa'asey can only be applied in order to perform a mitzvah, therefore while a

kohain is not performing the avodah he may not don the garments containing shatnez.

The Raivad however is of the opinion that the method used in the Kohanim's vestments

is hutrah. That is why he permits wearing the garments even while not performing the

avodah, for with regard to the Kohanim's garments the Torah never prohibited shatnez.



The gimorah in yivamos (4a) says one may wear shatnez in tzitzis, and similarly it is

unclear if it is permitted by means of hutrah or dichuya. The Shagas Aryeh (siman 30)

asks the following contradiction in the Raivad. In hilchos tzitzis (3:9) the Raivad says

that women and slaves who are not obligated in the mitzvah of tzitzis may not wear tzitzis

containing shatnez. The implication of the Raivad is that the method in which one may

wear shatnez in tzitzis is deychuyah -only in order to perform the mitzvah. This seems

to contradict his opinion expressed by his p'sak regarding the garments of the Kohanim

in which he permitted even not in order to perform a mitzvah, implying he holds that it

works through hutrah.

Reb Elchonan Wasserman zt"l Hy"d (kovaitz haurus 9:1) explains that the Raivad holds



Rabbi Raphael Fuchs



that the Torah uses both hutrah and dichuya depending on the situation. In a situation

where a mitzvah is never able to be performed without violating a prohibition, the

Torah uses hutrah. For example the mitzvah of yiebum can only be performed on a dead

brother's wife whom is prohibited to the live brother. There will never be a mitzvah of

yiebum that does not entail violating this prohibition therefore it is permitted by means

of hutrah. Similarly with regard to the bigdai kehuna the Torah commands us of which

materials the garments must be made. Since two of the materials are wool and linen,

the mitzvah of the Kohen's garments will always be in violation of shatnez. Therefore

the Raivad says that it is permitted by means of hutrah, even not for the purpose of the

mitzvah. Whereas in a situation where there is a way to perform the mitzvah without

violating any prohibition, the torah in telling us we can violate a prohibition uses dichuy.

The aforementioned gimorah extrapolates from the Torah that we may use shatnez in

tzitzis. However not every pair of tzitzis will be in violation of the prohibition, for not

every pair will have shatnez, therefore the Raivad understands that the torah with regard

to shatnez in tzitzis is using diechuy.

For questions and comments about this column email: RabbiRFuchs@gmail.com

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Posted By KH to KollelH blog at 2/11/2011 12:07:00 PM

The simplest and most universal form of acting in the Way of G-D, is by GIVING.