Q. I have a property that I inherited from my parents, it is my sole source of financial support (Im a single woman, non-employed by health reasons) Due to family issues Im forced to sell this property at at a loss (less than the true value of the property.) Do I have to give maser (10%) of the sale money obtained? (I always gave maser from monies I earned.)
A. There are different opinions in regards to the origin of giving tithes from monies earned. Rambam (H. Melochim 9: 1) maintains that it was instituted by Yitzchak Avinu. While Baal Haturim (Vayetze 28: 22) asserts that Yaakov Avinu originated maaser kesafim (tithes given from money earned). Horav Shternbuch Shlita in Hochma Vedaas (ibid.) explains that Yaakov added maaser given from capital obtained from an inheritance or received as a gift.
Poskim also disagree if there is a Biblical or a Rabbinical obligation to give maaser from monies earned or if it is only a minhag and no obligation at all (Bach Y.D. 249, Shvus Yaakov 2:85, Chavos Yoir 224, et. al.)
Horav Shlomo Millers Shlita opinion is that if someone always gives maaser kesofim he has to give also from a yerusha. However, if one finds himself in monetary constraints he would be exempt. (See next question.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlita
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