Question: What are the parameters for a Yisachar-Zevulun deal?
Short Answer: Rav Moshe Feinstein zt”l held that the deal must be a true 50-50%, and that Yisachar must be a mature talmid chacham already. He also lists further requirements, as listed herein.
Explanation:
I. The Igros Moshe’s Discussion
In 1982, a few years before his death, Rav Moshe Feinstein zt”l wrote a lengthy t’shuvah about the Yisachar-Zevulun deal (“YZD”) for supporting those who are learning Torah. This article summarizes some of the key rulings contained therein, as well as some dissenting opinions on various issues.
As an initial matter, the source of the YZD is detailed in the Gemara (Sotah 21a) and Rashi (Z’vachim 2a), that a person may support another person’s limud haTorah in exchange for receiving part of the reward. This may not be done after the talmid chacham already learned the Torah, however, as this is considered degrading to the Torah. The p’sukim (B’reishis 49:3 and D’varim 33:18) likewise detail this YZD. The Rama (Yoreh Dei’ah 246:1) codifies the YZD.
Rav Moshe adds that the YZD is certainly not considered “tz’dakah,” as Yisachar was not poor and also received a portion in Eretz Yisrael. While the supporter does not receive the benefits of a tz’dakah-giver, he fulfills the mitzvah of increasing friendship and the reward of one who honors talmidei chachamim. Notably, one may not give more than a fifth of his money to tz’dakah.
Rather, the YZD is a “shutfus mamash” – a true partnership. And because Zevulun has an excellent and lucrative portion in Eretz Yisrael (see Megillah 6a), Yisachar gives him part of his reward in olam ha’ba as well as the part of the power of protection in this world that Torah provides.
II. The Details of the Deal
Rav Moshe proves that the YZD is a true partnership, and not a form of tz’dakah, by noting that the YZD is codified in the laws of Talmud Torah (Yoreh Dei’ah 246:1) and not tz’dakah. Further, it is clear from the Rama that Zevulun fulfills the mitzvah of limud Torah from the YZD, as it is brought by the Shulchan Aruch and Rama immediately after discussing someone who cannot learn and instead supports Torah learners.
Rav Moshe elaborates that the point of this YZD is to enable everyone to fulfill the elusive second aspect of Talmud Torah (see Article #1): to know the entire Torah. Because this can only be accomplished by the select few who are learning full time, the YZD gives everyone the opportunity to “know the entire Torah” via entering into the deal. In other words, Zevulun can accomplish y’dios haTorah through supporting Yisachar as he gains this knowledge.
Accordingly, Rav Moshe holds that the YZD must specifically be a 50-50 split, and no other percentage. This prevents Yisachar from simply being paid “lost wages” like a worker, as a worker could always “back out” of the deal, thereby hurting Zevulun. Rav Moshe further explains that no actual kinyan is necessary on this YZD, as Zevulun’s love and desire to support Torah learners certifies his seriousness to enter the deal. Similarly, Yisachar’s desire to be able to learn uninterrupted with work-related needs solidifies his commitment to enter the YZD. Rav Moshe adds that if either one offers more or less (than 50%), it shows a lack of appreciation for themselves or the role of the other.
Others disagree with this 50-50 requirement. In particular, the P’sakim U’T’shuvos (Yoreh Dei’ah 246:12, n.149) notes that most poskim disagree, including the Sheivet HaLevi, the Minchas Yitzchak, and Rav Shteinman. The Sheivet HaLevi (10:13) even cites the Chida, who cites Rav Yerucham, the source of the Rama, as holding such: that even a small percentage may constitute a YZD.
III. Only Prospective
Rav Moshe further explains why this YZD only takes effect on future Torah learning, but not on prior Torah learned. Since the percentage must be 50-50, if the parties agreed to sell Torah already learned, together with future Torah, it would result in a greater percentage to Zevulun. The Rama rules that not only does Zevulun not receive the percent he thought he was to get, but even Yisachar loses the percent he was to give, as it highlights his lack of respect for the Torah learning.
Interestingly, the P’sakim U’T’shuvos (ibid, n. 145) cites the Eish Das who holds that even though Zevulun does not actually acquire the Torah learning from Yisachar in such a case, Zevulun receives reward for his desire to purchase a portion in olam ha’ba.
[As an aside, Rav Moshe notes that a very rich Zevulun should enter into multiple YZD with many different Yisachars. This does not show a lack of appreciation for his own learning, as he is not using his riches for his own material pursuits, but rather to support Torah].
IV. Further Nuances
Rav Moshe further holds that this YZD may be performed with a poor talmid chacham, and even if the talmid chacham is still a young talmid, and not yet fully developed in his learning. On the contrary, support at this point might be a greater reward, as the talmid chacham is using the funds to blossom into a talmid chacham. A Yisrael candidate with better attributes takes precedence over a lower kohen talmid chacham.
V. Summary
Rav Moshe helpfully provides a summary of the t’shuvah, and the resulting holdings: (i) The YZD is a law of Talmud Torah, not tz’dakah; (ii) YZD is unique that Zevulun actually receives the reward of Yisachar’s mitzvah, and not just the reward of someone who causes another to perform a mitzvah; (iii) the parties must stipulate that they will split everything (olam ha’ba, etc.); (iv) The deal will be 50-50%; (v) The wealth and material success of Zevulun is immaterial; (vi) Zevulun must be honest and a serious worker, so that Yisachar can have “m’nuchas ha’nefesh”; (vii) It must be at least a two-, but ideally a three-year deal, so that Yisachar can acquire Torah knowledge, which is the purpose of the deal; (viii) Zevulun must love and appreciate Torah and not simply want to help Yisachar because he is his friend or relative; (ix) Only a person who is in kollel or advanced stage of his learning may become a Yisachar, as he must be at the level of being able to achieve full y’dias haTorah.
VI. Final Word
The Minchas Yitzchak (7:87:3) likewise discusses the YZD. He notes that if Yisachar is not learning properly, Zevulun may break his part of the deal. However, Zevulun may not break it off for no reason. He notes that this is why the Chazon Ish advised only one-year agreements at a time, so as not to violate this “neder.”
In terms of whether Zevulun must pay for Yisachar’s “extras” such as brisim, weddings, etc., the Minchas Yitzchak advises to state everything clearly in the agreement up front. However, if this is not done, the parties follow the “normal” amount, evaluated according to the time, place, people, etc.
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
