O.C. 231: That all a person's intents be l'shem shamayim (for the sake of Heaven)

"If it is not possible for a person to study [Torah] without an afternoon nap, he should sleep (Rama: And when he wakes up it is not necessary to say the blessing "Eloqai Neshama". And there are those who say that prior to sleeping he should recite "V'hehi noam") provided that he does not lengthen his nap since during the day it is prohibited to sleep more than a "cat nap" [literally "horse sleep" but...]...And even with this little bit his intent should not be in order to benefit his body, but rather to strengthen it for serving God, may He be blessed. And likewise with every benefit in this world he should not intend for his own pleasure but for the service of his Creator, may He be blessed, as it is written, "In all your ways know Him", and our Sages said, "All your actions should be l'shem Shamayim (for the sake of Heaven). Even permitted activities such as eating and drinking [kosher food], walking, sitting, and rising, or marital relations, or conversation, or any bodily need should only be for serving his Creator or something which results in His service.

Even if one is thirsty or hungry, if he eats or drinks to benefit himself this is not praiseworthy, rather he should have the intent that the food and drink give him nourishment in order to serve his Creator.

And likewise one who sits in the place of the upright, stands in the place of the righteous, and walks in the advice of the pure, if he does so to benefit himself and to fulfill his wants and desires, this is not praiseworthy, but rather he should do so l'shem shamayim (for the sake of heaven).

And so too with reclining, it is not necessary to say that at the time he is able to engage in learning Torah and doing mitzvos he should not indulge in sleep to enjoy himself, rather even when the time has arrived and he needs to sleep to rest from being tired, if he does so for the enjoyment of his body this is not praiseworthy, rather he should intend to give sleep to his eyes and rest to his body for the sake of his health, so that his thought will not be torn from Torah from sleep deprivation.

And likewise with marital relations, even at the times required by Torah, if he does so to fulfill his desires or to benefit his body, this is embarrassing. And even if he intends to have children who will be able to assist or to full his place, this is not praiseworthy. Rather he should intend to have children who will serve his Creator, or intend to fulfill his marital obligations like a person fulfilling an obligation.

And likewise with speech, even to speak words of wisdom, one's intend should be to serve his Creator or a matter which results in His service.

The principle of the matter, a person is obligated to place his eyes and his heart on his ways and weigh them on the scales of his intellect, and when he sees something which brings about the service of his Creator, may He be praised, he should do so, and if not he should not do so, and a person who does so serves his Creator continually.

Shulchon Oruch, Orach Chaim 231

Dina D'Malchusa

דברי חכמים ח"מ פרק דשאלה: הרוצה לעלות לא"י (כדי לקיים מצות ישוב ארץ ישראל) ו יש לו חסרון פרנסה, ורק יוכל לבוא אם לא הודיע המדינה בארצות הברית על כל מה שהוא הרויח במשרה שלו, למשל, (not report income tax), וגם שהוא טוען שלמעשה הרבה עושין זה ברגילות, האם מותר לו לעשות זה או לא

תשובה: שמעתי מהגריש"א שבודאי אסור לעשות זה, (שאסור מדין דינא דמלכותא) ואסור אפי' אם לעולם לא יוכל לעלות לא"י אח"כ

Loosely Translates:

Question: Someone wishes to make aliya to Eretz Yisrael (to fulfill the mitzvah of settling the land of Israel) but has financial difficulties, and is only able to come if he does not inform the United States Government about his income, which many people do regularly, is it permitted for him to do so or not?

Response: I heard from HaGaon Y.S. Elyashiv shlita that it is certainly prohibited to do so (which prohibited because of dina d'malchusa) and it is prohibited even if he will never be able to make aliya to Eretz Yisrael afterwards.

(I've ajusted the date to bring this post back to the top)

*Rav Elyashiv shltia lives in Eretz Yisrael so his psak is clearly not out of fear of personal liability.

Igros Moshe on Kollel Income

Hirhurim recently had a post which discussed the appropriateness of giving money to those unwilling to work. Inevitably, although perhaps not intentionally, this led to commenter's discussing the propriety of giving to support those learning in Kollel. I have therefore done my best to produce this humble translation, a loose and unfinished translation, of a teshuvah by Rav Moshe Feinstein zt'l on this topic:

Igros Moshe, Yoreh Deah 116

Regarding a Talmid Chacham who wishes to engage in learning Torah and to become wise, knowing the Torah in quantity and quality and he sustains himself by the income he receives from the Kollel. And likewise with Rabbanim who receive income for teaching students or Roshei Yeshivos who receive income to sustain them: Is it permissible to do so or is their basis to reconsider this and that it is a middas chassidus to not be supported by this, but rather by the work of one's own hand?

Certainly it is permissible to do so, and this is the ruling of the Rama in Yoreh Deah 246:21 that even a healthy person is able to receive the distributions from the givers in order that their hand be strengthened in learning Torah, since in doing so they will be able to engage in Torah study with peace of mind. And the Shach in seif katan 20 also cited the Kesef Mishnah who rules do even if we say that this is not in accordance with the opinion of the Rambam since all of the Chachmei Yisrael who preceded the time of our Master (the Rambam), as well as those which followed, were accustomed to receive payment from the congregation. And even if the ruling is in accordance to the Rambam, the Sages of the Generations relied on doing so because it was an "Eis la'asos l'Hashem... (A time to act for Hashem)" since if there wasn't support for students and teachers [of Torah] ZZZ and they would not be able to exert themselves as appropriate and the Torah would be forgotten from Israel. And with that ZZZ he will be able to increase the Torah and magnify it." This is the language of the Kesef Mishneh on Hilchos Talmud Torah 10

towards the end.

Likewise it is brought down from the Maharashal who writes: "Truthfully were it not so the Torah would already have been nullified from Israel since it is not possible for a person to engage in Torah and to become wise in it while sustaining themselves from the work of their hands. . . . since it is not possible that he will

Therefore it is a clear and obvious ruling which has been excepted in all generations, whether according to strict halachah or whether because it is an "Eis la'asos", that it is permitted to engage in learning Torah and to sustain themselves by receiving stipends, or from what he receives from teaching Torah to others or for being a Rav or Moreh Hora'ah, and there is no reason to refrain from this even as a "midas chassidus."

Furthermore it is my opinion that those "Mischassidim" from the side of the Rambam's opinion is advice from the yetzer hara in order that they interrupt their learning and engage in labor and commerce and the like until ultimately they forget even the little which they already learned and aren't relaxed enough to fix even a small amount of time for learning Torah.

Since if the Rishonim were like melachim and said that it was not possible to engage in Torah and become wise in it while engaged in labor to sustain themselves by the work of their hands, certainly in our generation...........it is not possible for anyone to boast that he is able to engage in labor and become wise in Torah. Therefore do not let the thought arise in your mind that advise of the yetzer hara that with a stipend from learning in Kollel, being a Rabbi, teacher of Torah, or Rosh Yeshiva there is any sort of sin or lack of middas Chassidus, since it is only to instgate one into separating from the Torah.

And one who gives and there are found men willing to sustain many talmidei Chachamim, they are increasing b'nei Torah, Gedolei Yisroel, and experts in instruction as is the will of the Holy One blessed be He, since there is nothing for Hashem in His world except the four amos of halachah.

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I would like to add a couple of observations. First of all it is very revealing that those who like to bring up the shita of the Rambam do not do so with respect to pulpit Rabbis or teachers, although his opinion would apply to them as well equally. Secondly is the implication that, despite the fact that I'm pretty sure most men in American Kollel's are hired employees, such people do not view Torah as a "real" job. Any other service isn't similarly dismissed. Entertainers are regarded as having earned their money even if we think they get paid too much. We are accept the payment of those who work full time for charities (from charitable funds no less) provided that the overhead is within reason, despite the fact that the giver receives no direct benefit from the service. Ultimately I do not see how we can help but conclude that such people do not believe that those who learn in Kollel do not produce anything of value for those who pay them, i.e. there is no value in learning Torah.

(B'ezras Hashem I will fill in the gaps in the translation. I apologize for any inaccuracies. Any comments kindly given will be graciously received. I also hope to add a few other relevant discussions soon).