More notes on Tzedakah

If one only has a small amount of produce and there are many poor people so that he does not have enough to give each one the appropriate measure, he should place [the entire quantity] before them and they should divide it among themselves.

The owners do not have the right to apportion the tithe for the poor that is given away at the grainheap at their discretion. Instead, the poor come and take it against their will. Even the poor among the Jewish people can expropriate from them. When, by contrast, one gives out the tithe of the poor in his home, he may give it to any poor man to whom he desires.

When a person has [a quantity of] the tithe for the poor in his grainheap and he desires to give it to a poor person who is his relative or acquaintance, he should set aside half of it to give it to him and half to give to all the poor who pass by according to the measures mentioned above.

If a man and a woman come to [a person possessing tithes] at home, we give to the woman first and allow her to depart and then give to the man. [In the situations, when one] of the pair - a father and his son, a person and his relative, two brothers, or two partners - was poor, the other may give him the tithe for the poor which he possesses.

When a person receives [the right] to harvest a field, he is forbidden to collect leket, shichichah, pe'ah, and the tithe for the poor.
When does the above apply? When he accepted a field [with the proviso] that he receive a portion of the produce of the entire field, e.g., he was given a third or a fourth [of the harvest] as his wage. If, however, the owner of the field told him: "You will receive only a third of what you harvest," or "...a fourth of what you will harvest," [the harvester of the field] does not have a right to anything until he harvests it. Hence, at the time of the harvest, he is a poor man. Therefore he is permitted [to collect] leket, shichichah, and pe'ah, but he is forbidden [to take] the tithe for the poor. [The rationale is that] the tithe for the poor is separated only after the harvest is completed and [at that time,] he has already acquired the portion he harvested.

When a person sells his field - both the land and the produce - and becomes impoverished, he is permitted [to collect] leket, shichichah, pe'ah, and tithe for the poor from it. The purchaser is forbidden [to collect] these presents even though he has not paid the money [for the field] yet. Even if he borrowed the money and purchased it, he can no longer collect the presents for the poor.

The tithe for the poor may not be used as payment for a loan, nor can it be given in exchange for favors. It may be used for an act of kindness, but one must tell the recipient that it is the tithe for the poor. It should not be used to redeem captives, given as shushbinut, nor given as a specific gift to charity. It can be given to the sage of a city for his benefit and it may not be taken from Eretz Yisrael into the Diaspora, as [Deuteronomy 14:28] states: "And you shall place it in your gates," and it is written [ibid. 26:22]: "And they shall eat in your gates and be satiated."

We provide sustenance and clothing for the poor of the gentiles together with the poor of the Jewish people as an expression of the ways of peace.
When a poor person begs from door to door, we do not give him a large gift. Instead, we give him a small gift. It is forbidden to turn away a poor person who asks [for charity] empty-handed. Even giving him one fig [is sufficient], as [Psalms 74:21] states: "Let not the dejected turn away in shame."

When a poor person travels from place to place, we do not give him less than a loaf of bread that is sold for a punidyon when wheat is being sold for four se'ah a sela. We have already explained all the measures.
If he stays overnight, we give him a mattress to sleep on, a pillow to place under his head, oil and beans. If he stays for the Sabbath, we give him food for three meals, oil, beans, fish, and vegetables. If we are familiar with him, we give him according to his honor.

When a poor person does not desire to take charity, we trick him and give it to him as a present or as a loan. When a rich man starves himself, because he is miserly with his money, using it for neither food nor drink, we do not pay any attention to him.

It is forbidden to demand and to collect charity from a soft-hearted person who gives more than is appropriate to charity or from a person who causes himself difficulty and gives to charity collectors so that he will not be embarrassed. When a charity collector embarrasses such a person and asks him [for charity], [the charity collector] will be subjected to retribution in the future, as [implied by Jeremiah 30:20:] "I will visit My providence on those who pressure him."

We do not impose a levy for charity on orphans, even for the redemption of captives, and even if they possess many financial resources. If a judge imposed a levy upon them to heighten their reputation, it is permitted.
A charity collector may accept small [donations] from women, servants, and children, but not large donations. For we operate under the assumption that a large amount was stolen or robbed from others. What is meant by a small [donation]? Everything is calculated according to the wealth or poverty of the owners.

A poor person who is one's relative receives priority over all others. The poor of one's household receive priority over the poor of one's city. And the poor of one's city receive priority over the poor of another city, as [implied by Deuteronomy 15:11]: "[You shall surely open your hand to] your brother, the poor, and the destitute in your land."

When a person went on a business trip and the people of the city to which he traveled levy an assessment for charity upon him, he should give it to the poor of that city. If there are many [such individuals] and an assessment for charity was made upon them, they must make the allocation and when they go [to return home], they take [the money] with them and use it to support the poor of their city. If there is a communal sage, they give it to him and he divides it as he sees fit.

Charity is considered as a vow. Therefore one who says: "I pledge to give a sela to charity" or "[I will give] this sela to charity," he is obligated to give it [to charity] immediately. If he delays, he transgresses the commandment against delaying [the observance of one's vow], for he has the capacity to make the gift immediately and [generally,] there are poor people at hand.
If there are no poor people at hand, he should set aside [the donation] and put it away until he finds poor people. If he made a stipulation that he is not obligated to make the donation until he finds poor people, he does not have to separate it [until the poor are at hand]. Similarly, if he made a stipulation at the time he made his vow to charity or pledged his donation that the trustees of the charitable fund could exchange it for gold, they are permitted to do so.

When a person takes a vow [to give charity], but does not remember how much he vowed to give, he should give until he says: "I did not intend [to give] this [much]."

If the poor would benefit from the delay of the money in the possession of the charity collector so that he could motivate others to give, that charity collector may borrow the money and pay [when the funds are required]. For charity does not resemble funds dedicated to the Temple treasury from which it is forbidden to benefit.

When does the above apply? When the donor was Jewish. If, however, he was a gentile, it is forbidden to exchange it even for matters that are sacramental in nature as long as the name of the donor is still associated with it. [We fear that] the gentile might say: "I consecrated an article to the Jews' synagogue and they sold it for their own purposes."

When a gentile seeks to make a donation to the Temple treasury, initially, we do not accept it. If, however, it was taken from him, we do not return it to him. If it was a specific article, e.g., a beam or a stone, we return it to him so that there will not be a specific entity in the Temple associated with [a gentile], as [Ezra 4:3] states: "It is not for you, together with us to build a Temple for our God." For a synagogue, by contrast, we may accept their [donations, even] initially, provided they say: "I am donating it according to the intent of the Jewish people." If he does not say so, it must be entombed, for perhaps his intent was to consecrate it unto God. We do not receive donations from them for the walls of Jerusalem or an aqueduct in [that city], as [Nechemiah 2:20] states: "And you do not have a portion or a remembrance in Jerusalem."

It is forbidden for a Jew to receive charity from a gentile in public. If he is unable to subsist on the charity given by the Jews and it is impossible to receive charity from the gentiles in private, it is permitted.
When a gentile king or official sends money to the Jews for charity, we do not return it to him so as [not to jeopardize] peaceful relations with the king. Instead, we take [the charity] from him and give it to the gentile poor in secret so that the king will not hear.

The redemption of captives receives priority over sustaining the poor and providing them with clothing. [Indeed,] there is no greater mitzvah than the redemption of captives. For a captive is among those who are hungry, thirsty, and unclothed and he is in mortal peril. If someone pays no attention to his redemption, he violates the negative commandments: "Do not harden your heart or close your hand" (Deuteronomy 15:7 , "Do not stand by when the blood of your neighbor is in danger" (Leviticus 19:16 , and "He shall not oppress him with exhausting work in your presence" (ibid. 25:53). And he has negated the observance of the positive commandments: "You shall certainly open up your hand to him" (Deuteronomy 15:8 , "And your brother shall live with you" (ibid. 19:18), "Love your neighbor as yourself" (Leviticus 19:18 , "Save those who are taken for death" (Proverbs 24:11 , and many other decrees of this nature. There is no mitzvah as great as the redemption of captives.

It is forbidden for a Jew to receive charity from a gentile in public. If he is unable to subsist on the charity given by the Jews and it is impossible to receive charity from the gentiles in private, it is permitted.
When a gentile king or official sends money to the Jews for charity, we do not return it to him so as [not to jeopardize] peaceful relations with the king. Instead, we take [the charity] from him and give it to the gentile poor in secret so that the king will not hear.

A woman receives precedence over a man with regard to being given sustenance, clothing, and to be redeemed from captivity. [The rationale is that] it is common for a man to beg, but not for a woman and this is extremely embarrassing for her. If they were both held in captivity and they were both solicited for a transgression, the man should be redeemed first, because this is not ordinary for him.

In every city where Jews live, they are obligated to appoint faithful, men of renown as trustees of a charitable fund. They should circulate among the people from Friday to Friday and take from each person what is appropriate for him to give and the assessment made upon him. They then allocate the money from Friday to Friday, giving each poor person sufficient food for seven days. This is called the kupah.

Similarly, we appoint trustees who take bread, different types of food, fruit, or money from every courtyard from those who make a spontaneous donation and divide what was collected among the poor in the evening, giving each poor person sustenance for that day. This is called the tamchui.

Similarly, we appoint trustees who take bread, different types of food, fruit, or money from every courtyard from those who make a spontaneous donation and divide what was collected among the poor in the evening, giving each poor person sustenance for that day. This is called the tamchui.

On fast days, we distribute food to the poor. Whenever there is a fast day on which the people eat and went to bed without distributing charity to the poor, they are considered as murderers. Concerning them, the Oral Tradition says [Isaiah 1:21]: "Charity is held overnight and now [you are] murderers."
When does this apply? When they did not give them bread and fruit which is [usually] eaten together with bread, e.g., dates and grapes. If, however, they delayed the delivery of money or wheat, they are not considered as murderers.

If a charity trustee finds money in the marketplace, he should not put it into his own pocket, but instead into the wallet of the charitable fund. When he comes home, he should take it [for himself].

If a charity trustee is owed money by a colleague and [the latter] pays him in the marketplace, he should not put [this money] in his pocket, but instead into the wallet of the charitable fund. When he comes home, he should take it [for himself].
He should not count out the money of the charitable fund in pairs, but rather one coin at a time, lest suspicions be aroused, as [implied by Numbers 32:22]: "And you shall be guiltless in the eyes of God and Israel."

When a poor person is in need, but owns a courtyard and household utensils - even silver and golden utensils - we do not obligate him to sell his house and his personal possessions. Instead, he is permitted to accept [charity] and it is a mitzvah to give him.
When does the above apply? With regard to eating utensils, drinking utensils, clothing, bedding, and the like. If, however, he owns a golden comb or pestle or the like, he should sell them and buy less valuable ones.
When does the above apply? Before he has descended to the level where he takes charity from people at large. Once he collects charity [from the community], we obligate him to sell his utensils and purchase lesser ones and then accept charity.

One who has food to suffice for two meals must not take any from the Tamhuy. One who has enough for fourteen meals must not take anything from the Kuphah. And if he has two hundred Zuz uninvested or fifty Zuz invested, he should receive no charity. But if he has two hundred Zuz minus one denar uninvested, he may accept charity, even if the sum of a thousand Zuz be given him at one time. And if he has much money in his possession, but is indebted to others, or the money is the security of his wife's widowhood-endowment, he is entitled to charity. If one possesses a house and many household utensils but no two hundred Zuz, he may accept charity; and he does not have to sell his household goods, even if they be vessels of gold and silver. This applies only to eating and drinking utensils, articles of clothing, bedclothes and the like; but if he has a silver strigil or pestle, he should sell it and not depend on charity. Further, this law that he is not required to sell his gold and silver utensils applies only where he does not have to touch the public charity-fund but depends upon secret private assistance. But where he asks to be maintained out of the Kuphah, he should be refused until he sell the utensils.
RMI.—And so, in communities where it is a rule not to give charity to anyone having a definite capital, the dwelling and the necessary household utensils are not reckoned as "definite capital."

If people at large were purchasing property at high prices, but he could only find people to purchase from him cheaply, because he is pressed for funds and preoccupied, we do not require him to sell [at a low price]. Instead, he is allowed to continue to partake of the tithe for the poor until he can sell his property at its worth and everyone will know that he is not under pressure to sell.

Anyone who turns his eyes away from [giving] charity is described as being "rebellious" like someone who worships false divinities is described as "rebellious, as [Deuteronomy 13:14] states with regard to the worship of false divinities: "Rebellious men went out." And with regard to a person who turns his eyes away from [giving] charity, [ibid. 15:9] states: "Be careful, lest a rebellious thought arise in your heart." Such a person is also called "wicked," as [Proverbs 12:10] states: "The mercies of the wicked are cruel." And he is called a sinner, as [Deuteronomy, loc. cit.,] states: "And he shall cry out against you to God and you will be deemed as sinning." The Holy One, blessed be He, is close to the outcry of the poor, as it is written: "You hear the outcry of the poor." Therefore one must be careful with regard to their outcry, for a covenant has been established with them, as [Exodus 22:26] states: "When he will cry out to Me, I will listen, for I am compassionate."

Whenever a person gives charity to a poor person with an unpleasant countenance and with his face buried in the earth, he loses and destroys his merit even if he gives him 1000 gold pieces. Instead, he should give him with a pleasant countenance and with happiness, commiserating with him about his troubles, as [Job 30:25] states: "Did I not weep for those who face difficult times; did not my soul feel sorrow for the destitute?" And he should speak to him words of sympathy and comfort, as [ibid. 29:13] states: "I would bring joy to a widow's heart."

If a poor person asks one for a donation and he has nothing to give him, he should conciliate him with words. It is forbidden to scold a poor person or to raise one's voice against him while shouting, because his heart is broken and crushed, and [Psalms 51:19] states: "God will not scorn a broken and crushed heart." And [Isaiah 57:15 describes as Divine the attribute of] "reviv[ing] the spirit of the lowly and revitalize[ing] the heart of the crushed." Woe unto he who shames the poor, woe be he! Instead, one should be like a father to him, both in mercies and in words, as [Job 29:16] states: "I am a father to the destitute."

A person who gives money to his sons and daughters who are past the age of majority and whom he is not obligated to support in order to teach the males Torah and to direct the females in a course of upright path so that they will not become objects of derision and similarly one who gives food to his father and his mother is included among [those who give] charity. Indeed, it is a very important charity, for precedence is established on one's degree of closeness.
Anyone who gives food and drink to the poor and orphans at his table,he will call out to God and [God] will answer him and he will derive pleasure from Him, as [Isaiah 58:9] states: "Then you will call out and God will answer."

Our Sages commanded that the poor and orphans should be members of a person's household rather than servants. This is preferable for him to employ these people and thus enable the descendants of Abraham, Isaac, and Jacob to benefit from his possessions rather than the descendants of Cham. Whoever increases [the number of] servants in his possession adds sin and transgression to the world every day. [Conversely,] if the poor are members of one's household, at every hour he adds merits and mitzvot.

A person should always construct himself and bear hardship rather than appeal to people at large and make himself a burden on the community. Our Sages commanded, saying: "Make your Sabbaths as weekdays, and do not appeal to people at large." Even a distinguished sage who becomes poor should involve himself in a profession - even a degrading one - rather than appeal to people at large. It is preferable for a person to skin the hide of animal carcasses, rather than tell people: "I am a great sage..." or "I am a priest, grant me sustenance." Our Sages commanded conducting oneself in such a manner.
There were great sages who were woodchoppers, porters of beams, water-carriers for gardens, and iron-smelters and makers of charcoal, but they did not ask anything from the community, nor did they accept gifts that were given to them.