We will begin with some background information on the uses of ma’aser kesafim before showing how this case differs from much of the classical, halachic discussions.
The Rama,[2] based on the Maharil, rules: “One should not use his ma’aser for matters of mitzva like candles for a beit k’nesset or other matters of mitzva; rather he should give it to the poor.” On the other hand, the Shach[3] and others quote the Maharam, who says that one can use ma’aser for a variety of mitzvot, including making a brit mila or wedding for someone else if he couldn’t/wouldn’t have done so otherwise.
Some Acharonim make distinctions that allow these apparently contradictory rulings to coexist. The B’er Hagola[4] says that the Maharil’s opinion applies only when one wants to use the money for a mitzva he is obligated to do; then the rule that one cannot “kill two obligations with one stone”[5] steps in. However, he could use ma’aser to enable a mitzva that is not his personal obligation to be performed. The Chatam Sofer[6] disagrees with this distinction and proves that the Maharil considered using money that was set aside for charity to help someone perform a mitzva to be a form of stealing from the poor. He makes a different distinction, though. If one began the practice of giving ma’aser by giving it only to the poor, then using it for other mitzvot is like stealing. However, if he specified, when adopting the proper practice of ma’aser, that he would use it for other mitzvot, he may do so. The common practice is that people do use ma’aser for a variety of mitzvot. Therefore, the Chatam Sofer should agree that most people can use ma’aser money for mitzvot they are not obligated in. However, it is better to state one’s intention clearly when he begins the practice of giving ma’aser.
At first glance, the application of these rules is as follows. If you specifically are required to visit the sick person, then you cannot use ma’aser to fulfill your obligation, unless the expense goes beyond the amount one needs to pay for mitzvot.[7] We do not have enough information to try to determine the extent of your obligation.
However, we learned an important rule from our teacher, Rav Zalman Nechmia Goldberg.[8] The Torah requires one not only to make the effort to perform mitzvot between man and his Maker but also to expend significant money to do so. However, mitzvot involving one’s fellow man (other than tzedaka) require only effort, not a loss of money. He deduces this idea from the gemara’s[9] ruling that one is not required to lose money in order to return a lost item. We are obligated to spend money to help others only to the extent that the expenditure is included in the mitzva of tzedaka. Ma’aser is one of the categories of tzedaka, whereby the average person is expected to give 10% of his earnings for various forms of the mitzva. Therefore, even if you are obligated to visit the person in question, ostensibly the cost may be taken from tzedaka, which includes your ma’aser funds.
There is one question, though, that remains. If the patient can afford it, he should pay for the transportation costs. That is because the ability to use tzedaka money to help someone applies only when the recipient of the help cannot afford to pay for his necessities. What happens if he has the money to pay but does not think of paying or does not want to? Rabbi Yehuda says that when one can support himself but refuses to do so, we give him tzedaka and worry later about getting back the money.[10] However, we accept the opinion that we do not give him tzedaka.[11] Nevertheless, in a case where it is understandable that the patient did not think of offering to pay and asking him for money is likely to reduce the benefit of the visit, ma’aser can be used.[12]