From the Ravs Desk: Latest articles and Q&A [Tuesday 27th Shevat 5785]

Yes. This type of Mitzvah may be done in a bathroom

See here for the full details:

May one perform a Mitzvah in a bathroom?

No. It is only said after Shacharis and Mincha, and so is the Chabad custom, and so was done by the Rebbe. However, some say also after Maariv.

Saying Kappitle 49 -Mem tes- in a Shiva Home

May I allocate my maaser funds to cover my yeshiva tuition? If I don’t utilize this, I won’t be able to go, as I cannot afford it, and my parents are not contributing. It’s either using my maaser or him not attending yeshiva at all?

Ideally, one cannot use his Maaser funds for this purpose, being that studying Torah is a personal obligation and one may never use Maaser funds for personal obligations. Nonetheless, in this case it may be used as the rule is that in circumstances where one cannot otherwise afford essential needs, it is permissible to use one’s maaser funds for personal purposes. Given that studying Torah in a yeshiva is considered a necessity for a young student’s development, utilizing your maaser in this manner would be allowed, just as it would be permitted to use it towards paying for food or electricity bills that you can not afford otherwise. Nevertheless, since this is not a valid legal intended purpose for Maaser funds and is only allowed when one is defined as a pauper that he cannot afford the essential need, therefore, you should mark the amount of money of Maaser that you are using towards your tuition payment, and pay it back to charity when you make more income and have ability to afford to do so.

See: Rama 251:3 “Supporting himself comes prior to supporting others”; Rama Y.D. 249:1; Admur Hilchos Talmud Torah 1:4 and Kuntrus Achron 1:1; Chasam Sofer 231, Pischeiy Teshuvah 249:2; Hilchos Maaser Kesafim 16:16

Regarding the allowance for one to use his own maaser money if he himself is poor, see: Rama 251:3 “Supporting himself comes prior to supporting others”; Radbaz on Rambam Matanos Aniyim 7:13 in name of Rav Sadya Gaon; Glosses of Maharik 251; Igros Moshe Y.D. 2:75; 113; Minchas Yitzchak 6:101; Hilchos Maaser Kesafim 10:1-2; 16:16; Kuntrus Am Torah 5742 2:2 [article of Rav Moshe Shturnbuch]; Igros Moshe 2:113; Regarding the prohibition of using maaser money for the sake of a obligatory mitzvah or non mitzvah purpose: Rama Y.D. 249:1 “One is not to use his Maaser money for a Mitzvah, such as to donate candles to a Shul or other Devar Mitzvah, and rather the money is to be given to paupers”; Maharil Rosh Hashanah and Teshuvah 56; See Beir Goleh ibid who explains that the Rama refers to a Mitzvah that one already obligated himself to pay, and on this he can’t use Maaser money, however in general he agrees with the Maharam that Maaser may be used for a Mitzvah, and hence there is no dispute. [Pischeiy Teshuvah 249:2] So can also be implied from Taz 249:1 that there is no dispute. [See Tzedaka Umishpat 6 footnote 7]; Chasam Sofer 231, Pischeiy Teshuvah 249/2;