מקורות פרק 8 - צדקה צודקת ספר לימוד שבילי תרבות ח' (מטח)

(1) From when is everyone permitted in [taking] Leket [individual stalks that fall during harvest, which must be left for the poor to glean]? When the weakest of the poor have [come and] gone. And when for Peret [fallen grapes given to the poor] and Olelot [individual grapes which fall during the grape-harvest which must be left for the poor to collect]? From when the poor have [come and] gone and come [again]. And when for olive trees? When the second rain has come; Rabbi Yehudah said: Are there not those who do not harvest their olive trees until after the second rain? Rather, when the poor go out [to glean amongst the olives], and do not bring back [an amount of olives worth] four Issarot [specific unit of money].

(2) [Poor] people [selling produce] are trusted regarding Leket,Shikcha, and Peah [corner of the field which, while harvesting, must be left for the poor] in their time [i.e., during the harvest], and regarding Ma'aser Ani [a second tithe given to the poor in the third and sixth years of the Sabbatical cycle] all year long. A Levite is trusted at all times. And we do not trust them [i.e., the poor] except regarding things that people are accustomed to [give them].

(3) [Poor] people are trusted concerning wheat, but they are not trusted regarding flour and not regarding bread. [Poor] people are trusted regarding rice on the stalk, but are not trusted regarding it [the rice itself], whether raw or cooked. [Poor] people are trusted concerning beans, but not trusted concerning grits, whether raw or cooked. [Poor] people are trusted concerning oil, to say that it is Ma'aser Ani, but are not trusted to say that it is Nikuf [the last olives shaken down by the poor].

(4) [Poor] people are trusted regarding raw vegetables but not trusted regarding cooked vegetables, unless he had a small amount, because it is common that the property owner takes it out from his stew pot.

(5) One must not give less [Ma'aser Ani] to the poor from the threshing floor [than the following measures]: half a Kav [specific unit of volume] of wheat and a Kav of barley - Rabbi Meir says: half a Kav; a Kav and a half of kasha; a Kavof dried figs or a Maneh [specific unit of volume] of figs - Rabbi Akiva says: a Pras [half a Maneh]; half a Log [one fourth of a Kav] of wine - Rabbi Akiva says: a quarter; a quarter of a Log of oil - Rabbi Akiva says: An eighth [of that]. As for the rest of the produce, Abba Shmuel said: Enough that he can sell it and buy food for two meals.

(6) This measure applies to priests and Levites and Israelites. If one wants to save some [e.g., for poor relatives], he may retain half and give half. If he has a small amount [less per poor person present than the amounts indicated], he places it before them, and they divide it between themselves.

(7) One must not give [Tzedakah] to the poor who wander from place to place less than a loaf that is the price of a Pundion, when four Seah [of grain] cost a Sela. If he spends the night, one gives [bedding] supplies for the night. If he stays for Shabbat, one gives him food for three meals. One who has [enough] food for two meals must not take from the soup kitchen. [If he has enough] food for fourteen meals, he must not take from the charity box. And the charity box [funds] are collected by two people and distributed by three people.

(8) One who has two hundred Zuz may not take Leket, Shikhechah, Peah or Ma'aser Ani. If he has one Dinar less than two hundred, even one thousand [people] simultaneously give him [a Dinar, he may take [them all]. If [his assets] are mortgaged to his creditor or his wife’s marriage contract, he may take. He is not obligated to sell his house or his [fine] clothes [in order to take agricultural gifts].

(9) Someone who has fifty Zuz, and he uses them for business, he may not take. And anyone who does not need to take, but takes anyway, will not depart from the world until he will become dependent on others. And all who need to take, yet do not take, will not die from old age until he will [be enabled to] provide for others from his portion. Regarding this, scripture states, “Blessed is the man that relies on G-d, and G-d will be his security” (Jeremiah 17:7). [The same is true] for a judge who judges in absolute truth. And he who is neither lame, nor blind, nor crippled, yet he pretends to be one of these, he will not die of old age until he becomes like one of these, as it says, “Justice, justice shall you pursue.” (Deuteronomy 16:20) And every judge who takes a bribe and subverts the law, he will not die of old age until his eyes have dimmed, as it says, “And you shall not take a bribe, because a bribe blinds those who can see and understand, etc.” (Exodus 23:8)

(13) A poor person who is a relative takes precedence over anyone else. The poor of one's household take precedence over the poor of one's city. The poor of one's city take precedence over the poor of another city, as it is said, (Deut. 15:11) Open your hand to the poor and needy kinsman in your land.¹⁴¹See Babylonian Talmud Bava Metzia 71a. A new principle becomes present here. As opposed to giving agricultural produce, which was on a strict "first-come, first-serve" basis, family and community relationships now dictate the giving of tzedakah.

(1) We must be especially careful to observe the mitzvah of tzedakah, more so than any other positive mitzvah, for tzedakah is a sign of the righteous [tzadik] lineage of Abraham, our father, as it is said, (Genesis 18:19) For I have singled him out, that he may instruct his children and his posterity [to keep the way of the LORD] by doing what is just [tzedakah].¹⁷⁵See Babylonian Talmud Yevamot 79a. The throne of Israel is established and the religion of truth stands only on tzedakah, as it is said, (Isaiah 54:14) You shall be established through righteousness [tzedek]. And Israel will only be redeemed through tzedakah, as it is said, (Isaiah 1:27) Zion shall be saved in the judgment; her repentant ones, in the retribution [tzedakah].¹⁷⁶See Babylonian Talmud Shabbat 139a.

(2) Never has anyone become poor by giving to tzedakah, nor has anything bad ever come of it, nor has any harm occurred because of tzedakah, as it is said, (Isaiah 32:17) The work of righteousness [tzedakah] is peace. Anyone who shows compassion, others will show compassion to him, as it is said, (Deut. 13:18) [May God] show you compassion, and let your compassion increase.¹⁷⁷This is a play on the text. The original reads, "and in His compassion increase you," that is, God will multiply your descendants. Here, the compassion itself increases. And if someone is cruel and without compassion, then his lineage is suspect, for cruelty is only found among the idolatrous nations, as it is said, (Jer. 50:42) They are cruel, they show no mercy.¹⁷⁸See Babylonian Talmud Shabbat 151b. All Israel and all who are associated with them are like brothers, as it is said, (Deut. 14:1) You are children of the LORD your God.¹⁷⁹See Babylonian Talmud Bava Batra 10a and the Introduction. And if a brother does not show compassion for another brother, then who will have compassion for him? And to whom can the poor of Israel look? To the idolatrous nations that hate them and pursue them? They can only look to rely upon their brothers.

(3) Anyone who averts his eyes from [the need of] tzedakah is called Belial ["Wickedness"], just as the idolaters worship Belial, and of the idolaters Scripture says, (Deut. 13:14) That some scoundrels [children of Belial] from among you have gone [and subverted the inhabitants of their town] by averting their eyes from [the need of] tzedakah. It says, (Deut. 15:9) Beware lest you harbor a base [belial] thought.¹⁸⁰See Babylonian Talmud Ketubot 68a. And such a person is called, "wicked," as it is said, (Prov. 12:10) The compassion of the wicked is cruelty. Such a person is called, "a sinner," as it is said, (Deut. 15:9) He will cry out to the LORD against you, and you will incur a sin.¹⁸¹See Babylonian Talmud Bava Batra 10a. The translation reads, "guilt," but the connection here is through "sin." The Holy One, Blessed Be He, is close to the cries of the poor, as it is said, (Job 34:28) He listens to the cry of the needy.¹⁸²Maimonides does not quote this exactly. Therefore, one needs to be especially sensitive to their cries, for they [the poor] have a covenant established [between them and God], as it is said, (Exodus 22:26) Therefore, if he cries out to Me, I will pay heed, for I am compassionate.

(4) Anyone who gives tzedakah to a poor person with a scowl and causes him to be embarrassed,¹⁸³Literally: causes his face to fall in shame. even if he gave him a thousand zuz, has destroyed and lost any merit thereby. Rather, one should give cheerfully, with happiness [to do so] and empathy for his plight, as it is said, (Job 30:25) Did I not weep for the unfortunate? Did I not grieve for the needy? And one should speak to him words of comfort and consolation, as it is said, (Job 29:13) [I received the blessing of the lost,] I gladdened the heart of the widow.

(5) If a poor person asks of you [to give him something], and you do not have anything in your possession to give to him, comfort him with words.¹⁸⁴See Leviticus Rabbah 34:15 as well as Babylonian Talmud Bava Batra 9b. It is forbidden to speak harshly to a poor person or to raise your voice in a shout, for his heart is broken and crushed. Thus it says in Scripture, (Psalms 51:19) God, You will not despise a contrite and crushed heart. And it says, (Isaiah 57:15) Reviving the spirits of the lowly, reviving the hearts of the contrite. And woe to anyone who shames a poor person! Woe to him! Rather, let him be like a father to him, in compassion and in words, as it is said, (Job 29:15) I was a father to the needy.

(6) One who coerces others to give tzedakah is considered to have performed even a greater deed then the person who actually gives, as it is said, (Isaiah 32:17) For the work of the righteousness [tzedakah] shall be peace, [and the effect of righteousness [tzedakah], calm and confidence forever.]¹⁸⁵See Babylonian Talmud Bava Batra 9a. The first half of the verse refers to the one who gives. The second part of the verse refers to one who coerces others and whose reward is more lasting. Of collectors of tzedakah and similar people it is written, (Daniel 12:3) Those who lead the many to righteousness [matzdiké harabim] will be like the stars [forever and ever].

(7) There are eight levels of tzedakah, each one greater than the other. The greatest level, higher than all the rest, is to fortify a fellow Jew and give him a gift, a loan, form with him a partnership, or find work for him, until he is strong enough so that he does not need to ask others [for sustenance]. Of this it is said, (Lev. 25:35) [If your kinsman, being in straits, comes under your authority,] and you hold him as though a resident alien, let him live by your side. That is as if to say, "Hold him up," so that he will not fall and be in need.¹⁸⁶See Babylonian Talmud Shabbat 63a.

(8) One level lower than this is one who gives tzedakah to the poor and does not know to whom he gives, and the poor person does not know from whom he receives.¹⁸⁷Maimonides holds the anonymity of both giver and receiver of great importance, but he does not require anonymity at the highest level of giving. This is perhaps because the highest level of giving addresses the source of poverty whereas giving something to a beggar only alleviates a person's temporary need. Preventing poverty is therefore of such importance that anonymity becomes secondary in that instance. This is purely a mitzvah for its own sake, such as the Chamber of Secrets in the Holy Temple, for there the righteous would give in secret [and leave], and the poor, of good background, would sustain themselves from it in secret. Very close to this is one who gives to the kupah of tzedakah, but one should not contribute to the kupah of tzedakah unless one is certain that the one who counts it is trustworthy and wise and behaves competently, as was Rabbi Chanania ben Teradion.¹⁸⁸See Babylonian Talmud Bava Batra 10b and Avodah Zarah 17b. Rabbi Chanania ben Teradion had a reputation for competence and honesty, so he dealt with the collection and distribution of charity funds. He was later tortured and executed by the Romans.

(9) One level lower is one who gives tzedakah and the giver knows to whom he gives but the poor person does not know from whom he takes. Such did the great sages who would go in secret and throw money onto the doorways of the poor.¹⁸⁹See Babylonian Talmud Ketubot 67b. A method such as this one is a good way when the keepers of tzedakah do not behave competently.

(10) One level lower is when the poor person knows from whom he takes but the giver does not know to whom he gives. Such was the way of the sages who would tie coins to their garments and would throw the bundle over their shoulder so the poor could come up [behind them] and take [them] without being embarrassed.¹⁹⁰See Babylonian Talmud Ketubot 67b.

(11) One level lower is to give to him with one's own hand before he can ask.¹⁹¹It can be assumed that from this point on the situation is one of face to face encounter, handing something to another.

(12) One level lower is to give to him after he has asked.

(13) One level lower is to give him less than one should but with kindness.

(14) One level lower is to give to him begrudgingly.

(15) The greatest among the sages used to give a perutah to the poor before every prayer service and only afterwards would they pray, as it is said, (Psalms 17:15) Then I, justified [betzedek], will behold Your face.¹⁹²See Babylonian Talmud Bava Batra 10a.

(16) One should give sustenance to one's sons and daughters who have come of age and to whom one is no longer required to give such support so that they may study the testimonies of Torah and to guide one's daughters on an upright path and not become shameful.¹⁹³See Babylonian Talmud Ketubot 50a. So also one should give sustenance to one's father and mother, for this is essential tzedakah. It is an important principle of tzedakah that a relative takes precedence [over another].¹⁹⁴See Babylonian Talmud Bava Metzia 71a. All who give food and drink to the poor and the orphans from his own table can call to God and he will be answered with joy, as it is said, (Isaiah 58:9) Then, when you call, the LORD will answer.

(17) The sages commanded that the poor and orphans should be members of one's household instead of servants. It is better to use their services [by employing them] and that the children of Abraham, Isaac, and Jacob benefit from one's property and not the descendants of Ham, for one who increases the number of servants each and every day adds to the sin and iniquity of the world. But if the poor are made members of one's household, each and every hour one adds merit and mitzvot.¹⁹⁵See Pirké Avot 1:5, 2:7.

(18) One should always strain oneself and endure hardship and not come to depend on others rather than cast oneself onto the community. Thus the sages commanded, "Make your Sabbaths into weekdays rather than come to depend on others."¹⁹⁶See Babylonian Talmud Pesachim 112a. Even if one is wise and revered and becomes poor, he should engage in some kind of craft, even a menial one, rather than come to depend on others. Better to stretch leather from carrion than to say, "I am a great sage," [or] "I am a priest: Feed me." Thus have the sages commanded. Great sages were splitters of wood, raisers of beams, drawers of water for gardens, ironworkers, and blacksmiths rather than ask [for their living] from the community or accept anything when they gave to them.

(19) Anyone who does not need [tzedakah] but deceives people and takes will not reach death in old age without having come to depend upon others [in reality].¹⁹⁷See Mishnah Péah 8:9 and Babylonian Talmud Ketubot 68a. For such a one fits the type: (Jer. 17:5) Cursed is he who trusts in man [and does not heed divine providence]. And anyone who needs to take [tzedakah] and cannot live without it unless he takes, such as an elderly person, a sick person, or one who has many afflictions, but whose mind is full of pride and will not take is like one who sheds blood, is guilty of his own death, and gets nothing for his hardship except sins and guilt. But anyone who needs to take and endures hardship, presses himself, and lives a life of hardship so as not to burden the community will not reach death in old age without being able to sustain others from his wealth. Of him and those like him it is written, (Jer. 17:7) Blessed is he who trusts in the LORD.
Thus ends, with the help of God, the laws on gifts for the poor.