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The shul was packed for the Yom Kippur davening. The tone of the day was spiritually uplifting, as men, women, and children poured out their hearts for forgiveness on this holy day.

In order to raise money for the shul, some of the honorary roles of were being auctioned off. One of the heaviest biddings was for Maftir Yonah, the third and concluding aliyah at Minchah, which includes the reading of Sefer Yonah as the haftarah.

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The bidding for Maftir Yonah started at $100 and quickly escalated to $1,000, then $1,800, followed by $2,000, and even $2,500.

“Maftir Yona going once, Maftir Yonah going twice,” announced the gabbai.

“$3,000!” someone shouted out.

The gabbai again began counting: “Maftir Yonah going once, Maftir Yonah going twice…”

“$3,600!” someone shouted.

Once more, the gabbai began counting: “Maftir Yonah going once, Maftir Yonah going twice…”

“Five thousand dollars!” Mr. Fisher called out.

The gabbai looked toward Mr. Fisher with a pleased look. “Five thousand for Maftir Yonah,” he announced. “Maftir Yonah going once… Maftir Yonah going twice for five thousand dollars… MaftirYonah… going… three… times… Maftir Yonah sold to Mr. Fisher for five thousand dollars!”

Mr. Fisher read the haftarah with deep sincerity, glad that he was able to participate in the Yom Kippur davening in such a meaningful way.

After Yom Kippur, when Mr. Fisher returned home, his wife greeted him. “You read Maftir Yonah beautifully. I’m honored that you received the aliyah. But where are we getting five thousand dollars to pay for it?”

“I looked over the tzedakah records from this past year and saw we were falling behind,” Mr. Fisher said. “We have been building up money from ma’aser kesafim that we owe to tzedakah, so I thought I’d use it to cover the maftir.”

“Is that fair?” asked Mrs. Fisher. “You used tzedakah money to buy yourself an aliyah? Shouldn’t that come out of pocket?”

“Why not?” asked Mr. Fisher. “It’s a donation to the shul!”

“It’s not quite a donation,” said his wife. “You bought yourself an aliyah with that money. If the money is set as tzedakah, it should have been given to the poor, not used for your own gain.”

“I really don’t see the problem,” said Mr. Fisher. “But I’ll double check with Rabbi Dayan.”

Mr. Fisher contacted Rabbi Dayan. “Am I allowed to use money of ma’aser kesafim to pay the shul for an aliyah that I bought?” he asked.

“There are two parts to this question,” answered Rabbi Dayan. “One, whether ma’aser kesafim can be used to support shul expenditures. Two, whether it can be used to buy an aliyah.”

“What’s the question about donating to support the shul?” asked Mr. Fisher. “Isn’t that also tzedakah?”

“The primary purpose of ma’aser kesafim is to provide for the needy,” explained Rabbi Dayan. “In fact, the Rama [Y.D. 249:1] writes that it should not be used for other mitzvah purposes, such as candles for the shul. However, other authorities allow it also for other mitzvahs, especially if the person is not obligated in that mitzvah and would not do it otherwise. The generally prevalent practice nowadays is to use ma’aser money also for other mitzvah purposes; it is preferable that a person stipulate so explicitly. Therefore, it is permissible to use ma’aser money for the shul, although the bulk should still be dedicated to the needy.” (Shach Y.D. 249:3; Pischei Teshuvah Y.D. 249:2)

“What about buying the aliyah?” asked Mr. Fisher. “Is that OK?”

“The Taz [Y.D. 249:1] writes that it is permissible to purchase aliyahs with ma’aser money, since the money is going to tzedakah anyway,” answered Rabbi Dayan. “One is allowed to get the incidental benefit of the aliyah, just as he always has the incidental benefit (tovas hana’ah) to distribute the tzedakah to whomever he wants.”

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Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to [email protected]. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail [email protected].