הלכה על שמות 22:26

It is a positive commandment to give charity to poor Jewish people, as it is said "Open your hand to him."¹Deuteronomy 15:8. And it is said: "That your brother may live with you."²Leviticus 25:36. Anyone who sees a poor person seeking help and ignores him, and does not give him charity, transgresses a prohibitive commandment, as it is said: "Do not harden your heart nor shut your hand from your brother in need."³Numbers 15:7. [Giving] charity is a characteristic of the descendants of Abraham, as it is said: "For I have a special love for him because he commands his children and his household after him [to preserve the way of Hashem] doing charity and justice."⁴Genesis 18:19. And the throne of Israel will be established and the religion of truth confirmed only through charity, as it is said: "Through charity will you be reestablished."⁵Isaiah 54:14. Greater is he who performs acts of charity than [one who brings] all the sacrifices, as it is said: "Performing acts of charity and justice is more desirable to Hashem than sacrifices."⁶Proverbs 21:3. The Jewish people will be redeemed only through [the merit of] charity, as it is said: "Zion will be redeemed through justice and its captives through acts of charity."⁷Isaiah 1:27. A person never becomes poor through giving charity, nor will any evil or harm befall him because of his giving charity, as it is said: Through acts of charity, there will be peace."⁸Isaiah 32:17. Whoever is merciful with others will be treated with mercy [from Heaven], as it is said: "He [God] will show you mercy; and have compassion upon you and multiply you."⁹Deuteronomy 13:18. Anyone who is cruel, causes his lineage to be suspect.¹⁰The descendants of Abraham are known for their kindness and generosity. One who does not possess this attitude causes his lineage to be doubtful. The Holy One blessed is He, is near to the cry of the poor, as it is said: "He will hear the cry of the poor."¹¹Job 34:28. Therefore one must beware of their anguished cry, for a covenant was made with them, as it is said: "When he cries out to me I will listen, for I am compassionate."¹²Exodus 22:26. The Jerusalem Talmud says: The door that doesn't open for the poor will open for the doctor. A person should consider, that he continually requests his sustenance from the Holy One blessed is He; and just as he requests that the Holy One blessed is He, listen to his cry and prayer, so should he listen to the cry of the poor. A person should also consider that [fortune] is a wheel that revolves in the world, and in the end he or his children or his children's children might [have to] accept charity. Let no man think: "Why should I diminish my wealth by giving it to the poor?" For he should know that the money is not his, but rather [it was given to him as] a trust, with which to do the will of the One Who entrusted the funds to him. And this [charity giving] will be his real share from all his toils in this world, As it is written:¹³Isaiah 58:8. "Your acts of charity shall preceed you [into the World to Come]. Charity voids evil decrees and prolongs life.

And this commandment is practiced in every place and at all times by males and by females, that all people are obligated to treat them gently and honorably. And behold, one who transgresses it and angers them or taunts them or afflicts them or subjugates them or destroys their money - and all the more so, if he hits them - violates a negative commandment. And even though we do not administer lashes for this - as the affliction is not something [clearly] defined, such that we can give lashes for it, since the evil afflicter can make the lying claim that he afflicted them according to the law or for their benefit - God, may He be blessed, who examines the hearts, will [redress] their pain. And behold his punishment is explicit in the Torah, as it is stated (Exodus 22:23), "and I shall kill you with the sword" - meaning to say, measure for measure, such that the wives of the afflicters become widows and their children, orphans, and not find someone who has mercy upon them. As in the way that a person measures, so will he be measured (Sotah 8b). And if the afflicter is a female, she will die and her husband will marry another woman who will afflict her children. And they, may their memory be blessed, expounded, "if he will surely cry to Me" - a son complains to his father, a wife to her husband, a widow and orphan to Me, "and I will listen, as I am gracious" (Exodus 22:26). And Ramban, may his memory be blessed, (on Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 256) counts the prohibition towards the orphan and the widow as two negative commandments, because of the reason we wrote above (Sefer HaChinukh 7).

To not prevent surety from its needy owner: That we have been warned not to prevent the surety from its owner at the time that he needs it, but rather to return it to him - a vessel for the day during the day, and a vessel for the night during the night. And about this is it stated (Deuteronomy 24:12), "you shall not go to sleep in his pledge." And the language of Sifrei is "Do not go to sleep when the pledge is with you, but rather return it when he will not have with what to replace it, from the weakness of his poverty" - as the verse (Exodus 22:26) explains, "It is his only clothing, the sole covering for his skin."