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Why did Yaakov promise to give maaser when Yitzchok had already instituted it as an obligation? The Ramban (רמב"ן) teaches that Yitzchok's maaser applied only to land produce, like real estate tax on property ultimately owned by God. Yaakov's personal vow extended maaser to his own earnings—a commitment of servitude that was never legislated for future generations.
The shiur addresses a fundamental question in Parshas Vayeitzei: Why does Yaakov Avinu make a solemn vow to give maaser when, according to the Ramban (רמב"ן), Yitzchok Avinu had already instituted maaser as an obligation for all Jews? The Ramban in Yad HaChazakah traces the progressive development of mitzvos: Adam had six commandments, Noach seven, Avrohom instituted Shacharis and was commanded in bris milah, Yitzchok instituted Mincha and maaser, and Yaakov instituted Maariv and viduy maaser. If maaser was already obligatory from Yitzchok's time—just as all Jews became obligated in Shacharis after Avrohom and Mincha after Yitzchok—what is Yaakov adding with his conditional promise? Rabbi Zweig develops a fundamental distinction using an analogy from secular taxation systems. Real estate tax has ancient roots in the feudal system, based on the principle that land is ultimately owned by the sovereign—the king, who grants portions to lords and vassals. Each person using the land pays a percentage of its produce to the ultimate owner. This system was universally accepted because it recognized that land users are essentially tenants of the crown.
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Parshas Vayeitzei (Bereishis 28:22)
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