What is the general practice regarding inclusion of raffle-ticket purchases in one's accounting for tithe? Thanks, as always, for the kollel's help.
H David Levine, Roanoke, VA USA
Hi David,
I assume you want to know if it is permitted to buy raffle tickets from a Tzedaka organization using Ma'aser Kesafim money.
There are three main opinions found in the Poskim.
a. The Derech Emuna (Matnos Aniyim 7:5) says that if one buys a raffle ticket from Maaser money, if he later wins the raffle, the money goes to Tzedaka, since the value of a raffle ticket is the small chance of winning, so when the ticket is bought from Tzedaka money, the Tzedaka 'owns' the win. Some bring this opinion down in the name of Rav Shlomo Zalman Auerbach Z"L and Rav Y. S. Elyashiv Z"L, too.
b. The Shevet ha'Levi (9:200) argues, that when buying the ticket, the buyer wants to give this amount to the Tzedaka organization anyway, there is nothing wrong if the donator gains a chance to win a raffle on the side, since his intention when donating is mainly just to give Tzedaka.
c. Many other Poskim say that if the buyer wins the raffle, he should donate the cost of the ticket to the Tzedaka organization, since once he wins, it turns out that the money he gave was for his own benefit. This idea is a compromise between the first two opinions.
d. The Igros Moshe (Orach Chayim 4:76) has an interesting Teshuva that includes a little bit of all these opinions.
He starts off with an interesting distinction. There is a difference if the case is a definite number of tickets, say for example - 5000 tickets. In this case, in a case of a win, the prize belongs to Tzedaka, since the ticket is definitely bought as a 1/5000 chance to win.
If the number of tickets is indefinite, he agrees to the Shevet ha'Levi's opinion, and the win belongs to the doner, since the raffle ticket is considered a standard Tzedaka donation, and the reason a raffle and prize are offered, is just to urge people to buy as many tickets as possible. Hence, the prize and the tickets are independent of each other.
e. Another important point Rav Moshe brings up is, that the question is irrelevant if the money used was specific Tzedaka money set aside, since in this case, it is not permitted to change the purpose of Tzedaka money, and any prize or gaining from this money, is all Tzedaka. The Shayla is only relevant if the money is not designated for any Tzedaka.
f. I think Minhag ha'Olam is to buy raffle tickets and consider the cost as Ma'aser money. Some try to make a Tnai (condition) that if they win the raffle, they will give the cost of the ticket again. An explicit condition might be a good resolution also according to the more stringent opinions.
Best Regards,
Aharon Steiner