Tuition Quiz

Tough
Questions for Schools and Parents

Costs
of living in the frum community are rising every year. Along with regular
expenses, the cost of yeshiva tuition is also an increasing financial burden. Likewise,
many schools are struggling with financial challenges and are having difficulty
making ends meet. How can they pay their teachers when the parents do not pay
tuition fees?

What
are the halachic considerations in collecting tuition from parents? And how far
must parents go in order to pay their obligation?

Aggressive Collection

Can
the school act aggressively in collecting tuition?

 לא תהיה כנושה

‘Thou shalt not be as a creditor’.

There
is an issur, a biblical proscription, of exerting excess
pressure on one’s debtor.  Does this
apply to pressuring parents to pay tuition?

The Kesef
Kodshim rules that the above prohibition is limited to loans.  However, when the yeshiva
grants an extension of the tuition payment, it may, at that point acquire the
status of a loan, triggering the restriction of excess pressure. Furthermore,
this prohibition is unique in that its only where it’s certain to the lender
that the borrower doesn’t have the means to pay and we don’t apply the regular
rule of “safek deoraisa lchumra” (one must stringent when in doubt
regarding a biblical prohibition).

Using a Collection Agency

If
the school is unable to collect tuition, are they permitted to turn the debt
over to a collection agency?

The
Rema is stringent, not allowing use of a gentile to collect a debt. The Rema,
however, in the Darchei Moshe, his remarks on
the Tur, allows selling a financial obligation to a
gentile. The Tumim also allows using a gentile to collectwhere the other party is a gavra alima (a difficult individual). A practical means, perhaps,
of efficiently collecting the tuition may be to publicize the delinquency if
the other party is uncooperative. Certainly one should consult with rabbinic
guidance before exercising this option.

Punishing the Children

If
the tuition is not paid up and the parents are in arrears, may the child be
sent home from yeshiva?

The
community is obligated to create a school. If a parent cannot afford tuition,
the community should provide for that individual. (The Vilna Gaon explains
that this is an obligation of Tzedaka.) The Shulchan Aruch Harav says
that this obligation should be split in the community according to wealth.

It
needs to be determined if our current school system can be called a community school,
or are they private institutions? There are a number of halachic differences
that evolve depending on whether the schools are public or private.

If
they are perceived to be private institutions, one could argue that raising
funds for parents who cannot pay tuition is not an obligation of the school,
but an obligation of the entire community. The leaders of the community should
arrange funding for such parents thus avoiding the terrible consequences of a
child being sent away from school and learning.

However,
if we view the schools as a fulfilment of the communal obligation, then we can
suggest that the school board, or leaders within the school of some other
capacity, have taken over the responsibility of ensuring that every child
merits a proper Torah education. It goes without saying, that there must be a
consistency as far as how the schools project themselves.

Overextending the Parents

How
far are the parents obligated to extend themselves in order to pay their
tuition fees?

Paying
tuition should be treated with at least as much respect as any other financial
obligation. (If a person is truly in need of Tzedaka, see the previous section
for the details.) As far as
bal talin is concerned (the
obligation for one to pay their financial obligation in a timely manner on the
day of service), it is necessary for us to determine if the service provided by
the school is like that of a worker, or considering that one is not paying the teacher
directly, we would view it like a sale of goods in which case bal
talin would not apply. Furthermore, if the
school obligates the parents to pay in the beginning of the month, that may
also cause us to view the service provided by the school as a sale (as a worker
is generally paid at the completion of the job) and therefore there will not be
an issue of bal talin. However,
once the month ends perhaps it transforms at that point into an obligation for
the work, thus invoking bal talin.

The
discussion on paying tuition debts can be an emotional and heated one. It is
important to remember the halachic rulings for every step in the tuition
collection process. This article is intended for educational purposes only, and
when practically relevant, one should contact a competent Halachicauthority.