Not-So-Private Property & Other Traditions of Jewish Welfare / Mutual Aid

If the poor in a city are numerous, and the rich say they should go and beg, and the middle classes say they should not beg but be supported by the members of the community in proportion to their wealth, the law is as the latter say.

(22) And when you reap the harvest of your land, you shall not reap all the way to the edges of your field, or gather the gleanings of your harvest; you shall leave them for the poor and the stranger: I the LORD am your God.

(1) These are the things that have no definite quantity: The corners [of the field]. First-fruits; [The offerings brought] on appearing [at the Temple on the three pilgrimage festivals]. The performance of righteous deeds; And the study of the torah. . .

(2) They should not leave peah of less than one-sixtieth [of the field]. But even though they said, “there is no measure for peah,” everything depends upon the size of the field, the number of poor people, and the extent of the yield.

There are three times a day [the poor] make a search [in the field for peah]: morning, noon, and sunset. Rabban Gamaliel says: these [times] were only set lest they reduce them. Rabbi Akiva says: these were set lest they add to them.

One who collected peah and said, “This is for so-and-so a poor man:” Rabbi Eliezer says: he has thus acquired it for him. The sages say: he must give it to the first poor man he finds.

Rabbi Eliezer says: a piece of ground [large enough to plant] one fourth of a kav is liable for peah. Rabbi Joshua says: it must [be large enough] to grow two seahs. Rabbi Tarfon says: it must be six by six handbreadths. R. Judah ben Batera says: [it must be large enough] for a sickle to cut at least two handfuls and the halakhah is according to his words. Rabbi Akiva says: any size of land is liable for peah and for first-fruits . . .

They may not give a poor person wandering from place to place less than a loaf worth a pundion at a time when four seahs [of wheat cost] one sela. If he spends the night [at a place], they must give him the cost of what he needs for the night. If he stays over Shabbat they must give him enough food for three meals. He who has the money for two meals, he may not take anything from the charity dish [tamchui]. And if he has enough money for fourteen meals, he may not take any support from the communal fund [kupah]. The communal fund is collected by two and distributed by three people.

What is peret? [Grapes] which fall down during the harvesting. If while he was harvesting [the grapes], he cut off an entire cluster by its stalk, and it got tangled up in the [grape] leaves, and then it fell from his hand to the ground and the single berries were separated, it belongs to the owner. One who places a basket under the vine when he is harvesting [the grapes], behold he is a robber of the poor. Concerning him it is said: “Do not remove the landmark of those that come up (olim)” (Proverbs 22:28).

Never have we seen or heard of a Jewish community that does not have a kupah, but as for a tamchui, there are places whose custom it is to have it and places that do not. The widespread custom today is that the collectors of the kupah make their rounds each day [to collect the tzedakah], and they distribute it on each Sabbath eve.

Any city in which there is a Jewish community is obligated to raise up collectors of tzedakah, people who are well-known and trustworthy, to go door-to-door among the people from Sabbath eve to Sabbath eve and to take from each and every one what is appropriate for them to give. [The amount] should be a set and clear matter for each person. They also distribute the money from Sabbath eve to Sabbath eve and give to each and every poor person enough food to last them for seven days. This method is called the kupah [the "coffer" for the charity fund].

So also [the community] must enlist collectors to take [donations] on a day-to-day basis, from each and every yard, a main dish, other types of food, fruit, or money for anyone who would donate something at that time, and they distribute this collection in the evening among the poor and give to each poor person from it a day's sustenance. This method is called the tamchui [the "charity plate"].

The tamchui is collected each day, and the kupah [is collected] each Sabbath eve. The tamchui is given to the poor everywhere, and the kupah is given to [the poor of] that city alone.

And Rav Yehuda says just the opposite: Charity collectors examine the level of poverty of one who asks for clothing, but they do not examine the level of poverty of one who asks for food. He too adduces supports for his opinion. If you wish, say that this distinction is derived via logical reasoning; if you wish, say instead that it is derived from a verse.

On fast days, they must still distribute food for the poor. Any fast where the community eats [at the end after sundown], goes to sleep, and did not distribute tzedakah to the poor is like [a community] that sheds blood. About them it is written in the prophetic books, (Isaiah 1:21) Where righteousness [tzedek] dwelt, but now murderers. To what does this refer? When they have not given them a main dish and fruit with which to eat it, such as dates or grapes. But if the money or the wheat was delayed [and they did not give them food because of a mitigating circumstance], then they are not like murderers.

If someone stays in a province for thirty days, they may coerce him to give tzedakah for the kupah for the citizens of that province. If he stays for three months, they may coerce him to give to the tamchui. If he stays for six months, they may coerce him to give tzedakah for clothing, so they may clothe the poor of that city. If he stays for nine months, they may coerce him to give tzedakah for burial, so they may bury the poor and take care of all of the needs for burial.

One who has enough food for two meals is forbidden to take from the tamchui. If one has food for fourteen meals, he may not take from the kupah. If he had 200 zuz and does not engage in business with them, or if he had fifty zuz and does engage in business with them, then he may not take leket, shikhecha, péah, and ma'esar ani. If he had 199 dinar, even if a thousand people gave him at once, he is permitted to take [everything]. If he had money in his possession but he has a debt or this is collateral for the prenuptial agreement [ketubah] for his wife, then he is permitted to take [tzedakah].

If a poor person is in need who owns a yard and household utensils, even if they are made of silver or gold, they may not require him to sell his home or his utensils, but rather he is permitted to take [tzedakah], and it is a mitzvah to give to him. In what situation does this apply? To utensils for eating, drinking, doing laundry, for bedding, and similar such things. But if the utensils of silver and gold are things such as a trowel or a pestle or something similar, he must sell them and he gets [utensils] of lesser value. When does this apply [that they force him to sell extraneous tools]? Before he has collected [tzedakah] from the people. But even after he has collected tzedakah, they still make him sell his utensils and take others of lesser value, and then afterwards he may take [tzedakah again].

The Sages taught in a baraita: Joshua stipulated ten conditions when he apportioned Eretz Yisrael among the tribes: The conditions are:

1. that people shall have the right to graze their animals in forests, even on private property;
2. and that they shall have the right to gather wood from each other’s fields, to be used as animal fodder;
3. and that they shall have the right to gather wild vegetation for animal fodder in any place except for a field of fenugreek;
4. and that they shall have the right to pluck off a shoot anywhere for propagation and planting, except for olive shoots;
5. and that the people of the city shall have the right to take supplies of water from a spring on private property, even from a spring that emerges for the first time;
6. and that they shall have the right to fish in the Sea of Tiberias, i.e., the Sea of Galilee, provided that the fisherman does not build an underwater fence to catch fish, thereby causing an impediment to boats. The baraita continues the list of Joshua’s ten conditions:
7. And people shall have the right to relieve themselves outdoors behind a fence, even in a field that is full of saffron [karkom];
8. and they shall have the right to walk in permitted paths, i.e., those paths that cut through a private field, throughout the summer until the second rainfall, when crops begin to sprout;
9. and they shall have the right to veer off to the sides of the roads onto private property because of hard protrusions [yeteidot] of the road; and one who becomes lost among the vineyards shall have the right to cut down branches and enter an area of the vineyard, or cut down branches and exit an area of the vineyard, until he finds his way back to the road;
10. and that a corpse with no one to bury it [met mitzva] acquires its place and is buried where it was found.

If there will be among you a needy person, from one of your kin in one of your cities, in your land the Eternal, your God, is giving you, you shall not harden your heart, and you shall not close your hand from your needy brother. Rather, you shall open your hand to him, and you shall lend him sufficient for his needs, which he is lacking.

Beware, lest there be in your heart an unfaithful thought, saying, "The seventh year, the year of release [when debts are cancelled] has approached," and you will begrudge your needy brother and not give him, and he will cry out to the Eternal against you, and it will be a sin to you.

You shall surely give him, and your heart shall not be grieved when you give to him; for because of this thing the Eternal, your God, will bless you in all your work and in all your endeavors. For there will never cease to be needy within the land. Therefore, I command you, saying, you shall surely open your hand to your brother, to your poor one, and to your needy one in your land.

Every person if obligated to give charity, even a pauper who is reliant on charity is obligated to give from what is given to him. One who gives less than what is fit for (him) to give, the court would force him.

One should always avoid charity and rather roll in misery than to depend upon the help of man. And thus our Sages commanded, "Rather make thy Sabbath a week-day than be dependent on men." And even though he be scholarly and respectable, let him engage in some occupation, even an unpleasant occupation, so as not to need the help of man.

He who wishes to be deserving of divine reward, shall conquer his evil inclinations and open wide his hand, and everything [done or given] in the name of Heaven shall be of the best and the finest. If he build a house of worship, let it be more beautiful than his dwelling; if he feed a hungry one, let him give him to eat of the best and the sweetest on his table; if he clothe one naked, let him clothe him with one of his finest garments; if he consecrate anything, let him consecrate from the best of his property; and so, too, the Bible says: "All the fat is YHVH's."

Everyone is obliged to contribute to charity. Even a poor man who is himself [partly] maintained by Charity should give a portion of what he receives. If one would give less than his due, the Court used to bring pressure to bear and punish him for contempt of court until he would give the amount assessed; and if he persisted in his refusal, they would seize his goods to that amount [in his presence].

How much is to be given to a poor man? Sufficient for his need in that which he wanteth. Thus, if he is hungry, he should be fed; if he needs clothing, he should be clothed; if he lacks household utensils, they should be purchased for him; and even if he had been accustomed before he was impoverished to ride on horseback with a slave running before him, he should be furnished with a horse and a slave. And so each and every one should be supplied with what he needs. If it is fit to give him [merely] a slice of bread, give him a slice; if it is proper to give him dough, give him dough; if he ought to be provided with lodging, too, provide a bed for him. If it is fit to give him a warm meal, give him warm food; if cold lunch, then cold lunch. If he has to be fed [like an infant] then he must be fed. If he is unmarried and he comes to take a wife, the community should find him a mate; but first they should rent him a home, prepare him a bed and furnish him with necessary household utensils, and then marry him off.
RMI.—It appears that all this applies to Gabbaïm over public funds or to many doing charitable work together, but every individual is not bound to satisfy all the needs of a poor man who may chance to come his way. What he ought to do is to arouse public interest in a worthy case; but if he lives far from men, he should give what he can afford.

(22) ובקצרכם AND WHEN YOU REAP — R. Avdimai the son of R. Yoseph said: What reason had Scripture to place it (the law concerning the corner of the field) amidst those regarding the festival sacrifices — with Pesach and Shavuot placed on one side of the commandment, and Rosh Hashanah, Yom Kippur and Sukkot on the other side? To teach you that whoever gives gleanings, the forgotten sheaf and the corner of the field to the poor properly- is regarded as though he built the Temple and offered his sacrifices therein (cf. Sifra).