Sifrei Mitzvot untuk Ulangan 15:18

It is a positive mitzvah to give tzedakah to the poor according to what is fitting for the poor person if he has the means to do so, as it is said, (Deut. 15:8) Rather, you must open your hand and lend him sufficient for whatever he needs. And 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:] And it is said (Lev. 25:36), [Do not exact from him advance or accrued interest, but fear your God.] Let him live by your side as your kinsman.¹³⁰See Babylonian Talmud Ketubot 67b-68a. Anyone who sees a poor person begging and averts his eyes from him and does not give him tzedakah transgresses a negative mitzvah, as it is said, (Deut. 15:7) [If, however, there is a needy person among you, one of your kinsmen in any of your settlements in the land that the LORD your God is giving you,] do not harden your heart and shut your hand against your needy kinsman. One is commanded to give to a poor person according to what he lacks. If he has no clothes, they clothe him. If he has no utensils for a house, they buy [them] for him. If he does not have a wife, they arrange a marriage for him. If [the poor person] is a woman, they arrange a husband for marriage for her. Even if it was the custom of [a person who was rich but is now] a poor person to ride on a horse with a servant running in front of him, and this is a person who fell from his station, they buy him a horse to ride upon and a servant to run in front of him, as it is said, (Deut. 15:8) Sufficient for whatever he needs. You are commanded to fill whatever he lacks, but you are not commanded to make him wealthy.¹³¹See Babylonian Talmud Ketubot 67b. In the case of an orphan who wants to marry a woman [and lacks the means to do so], [first] they pay for a house for him and arrange for a bed for him and all that he needs for the household, and afterwards they arrange a marriage for him. If a poor person comes and asks for what is sufficient to fill his needs and one does not have the means to provide it for him, one gives according to his means. How much is this? One-fifth of one's assets is the best possible way, but one-tenth is the usual way. Less than this is a bad sign, and never should one restrain himself from a third of a shekel a year. Anyone who has not given at least this much has not fulfilled the mitzvah.¹³²See Babylonian Talmud Bava Batra 9a. Even a poor person who lives on tzedakah is obligated to give tzedakah to another.¹³³See Babylonian Talmud Gittin 7b. If a poor person who is unknown [in the area] has said, "I am hungry; please feed me," They do not check into his background lest he be an impostor, but rather they feed him immediately. If he was naked and said, "Clothe me," they do check on his background lest he be an impostor, but if they know him, they clothe him according to his honor immediately and they do not check on him.¹³⁴See Babylonian Talmud Bava Batra 9a, the opinion of Rabbi Yehudah. They provide for and clothe the poor of Gentiles along with the poor of Israel for the sake of peaceful relations.¹³⁵See Babylonian Talmud Gittin 61a and Bava Batra 9a. And if there is a poor person who goes door to door, they are not obligated to give him a large gift, but rather they give him a small gift. It is forbidden to turn away a poor person who asks empty handed, even if you give him a single dry fig, as it is said, (Psalms 74:21) Let not the downtrodden be turned away disappointed; [let the poor and needy praise Your name]. They may not give to a poor person who goes from place to place less than a loaf of bread which when sold is worth a dupondium when wheat is worth four se'in for a selah, and we have already explained the ways [this is done]. And if he stays overnight, they give him a blanket with which to sleep and a cushion to put under his head, some oil and some beans, and if it is the Sabbath, they give him enough food for three meals and oil, beans, fish, and green herbs. If they know him, they give to him according to his honor.¹³⁶See Mishnah Péah 8:7. If a poor person does not want to take tzedakah, they deal subtlety with him and give to him in the name of a gift or a loan, but as for a wealthy person who makes himself go hungry and looks with sorrow on his wealth and will not eat or drink, they do not pay attention to him.¹³⁷See Babylonian Talmud Ketubot 67b. In the case of one who does not want to give tzedakah or who gives less than he should, a court should beat him with blows of chastisement until he gives what they estimate he should. They should bring down his money in front of his face and take from him what he should have given, and they may pawn his property for tzedakah, even if it is on the eve of the Sabbath.¹³⁸See Babylonian Talmud Ketubot 49b and Bava Batra 8b. If a man who is in hardship who gives tzedakah more than he should, or who afflicts himself and gives to the collectors so as not to be embarrassed, it is forbidden to make a claim of him or collect tzedakah from him. The collector who shames him and asks [for tzedakah] from him in the future will be punished, as it is said, (Jeremiah 30:20) I will deal with all his oppressors.¹³⁹For example, see Babylonian Talmud Bava Batra 8b, Shabbat 156b and the Introduction. They do not take tzedakah from orphans, even for the ransom of captives, even if they have a great deal of money, but a judge may decree such for them for the sake of their reputation. Collectors of tzedakah may take a small amount from women, servants, and children, but they may not take a large amount, [for a large amount may have been the result of] thievery and robbery from others. And what is the small amount they may give? All is according to the wealth of their masters and their poverty.¹⁴⁰See Babylonian Talmud Bava Batra 8b. 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. If one engages in trade [and travels between cities] and the authorities of a city exact tzedakah from him when he traveled through [for the needs of the city], then this [money] should be given to the poor of that city. But if there are many [such traders], and the authorities of the city exact tzedakah from them when they come through, then [they pay it in that city, but] they bring it back with them and give it to the poor of their city [of origin].¹⁴²See Babylonian Talmud Megillah 27a. But if there is a special town scholar, he distributes the tzedakah as he sees fit. One who says, "Give 200 dinarin for the synagogue" or, "Donate a Torah scroll to the synagogue," they should give to the synagogue which he usually attends. And if he usually attends two [synagogues], then he should give to both of them. If one says, "Give 200 dinarin to the poor," they should give to the poor of that city.¹⁴³See Tosefta Bava Kama 11:3.

A [pledge to] tzedakah is a form of a vow, and therefore one who says, "I pledge to give a selah for tzedakah," or "This selah is for tzedakah" is obligated to give it to the poor immediately,¹⁴⁴See Babylonian Talmud Rosh Hashanah 6a. and if he delays, then he has transgressed the commandment not to delay [fulfilling a vow] (Deut. 23:22). Thus, if poor people can be found there [when he makes the vow], he should give it [to them] immediately. If there are no poor people there, he should set it aside and leave it until he happens upon some poor people. But if he stipulates that he will not give [the coin] until he encounters a poor person, then he need not set it aside. So also if he makes the condition at the time he took the vow for tzedakah or to donate something that the collectors are permitted to exchange it or to change it with a goldsmith, then they are permitted to do so. One who connects pledges of tzedakah is as obligated with one vow as with another. How so? [This applies] if he said, "This selah is like that selah, then that one is for tzedakah." If he sets aside a selah and said, "This is for tzedakah," and then he took out a second selah and said, "And this second one is for tzedakah" even though he did not set it aside from the start.¹⁴⁵See Babylonian Talmud Nedarim 7a. One who took a vow for tzedakah without knowing how much he vowed should give until he says, "This is not what I intended."¹⁴⁶See Mishnah Menachot 13:4. If one says, "This selah is for tzedakah," or one who says, "I owe a selah for tzedakah," and sets one aside, if he wants to, he may exchange it [that particular coin] for another, but if it has reached the hand of the collector, it is forbidden to exchange it. If the collectors want to combine the small coins for dinarin [which are of larger value], they are only permitted to do so if there are no poor people around to whom they need to distribute it. They may combine the coins [for coins of larger value] for the sake of others, but not for themselves.¹⁴⁷See Babylonian Talmud Arachin 6a. If the poor would benefit from keeping the coins in the possession of the collector so that they would thereby make others give [because they would see money in the box and feel compelled to give as others have done], then that collector is permitted to borrow the coins of the poor and make payments [with them], for tzedakah is not like sanctified property from which it is forbidden to derive any benefit.¹⁴⁸See Babylonian Talmud Arakhin 6b. If someone who donates a menorah or a lamp to a synagogue, it is forbidden to exchange it, but if it is for the sake of a mitzvah, it is permitted to exchange it even though the name of the donor has not become lost and people can say, "That menorah" or "That light is from so-and-so." And if the name of the donor became lost [with all the other goods and donations], then it is even possible to exchange it for a secular matter [as opposed to a mitzvah].¹⁴⁹See Babylonian Talmud Arakhin 6b. To what does this refer? To a situation when a Jew makes the donation, but if a Gentile makes a donation, it is forbidden to exchange it, even for the sake of a mitzvah, until the donor's identity has become lost, lest the Gentile say, "I consecrated something to the synagogue of the Jews, and they sold it for themselves."¹⁵⁰See Babylonian Talmud Arakhin 6b. If a Gentile donated something to the Temple fund [for the Temple in Jerusalem], they may not accept [it] before the fact, but if they already took it from him, they may not return it to him. If it is something affixed, such as a beam or a stone, they do return it to him so that something permanent will not be in the Holy Temple, as it is said, (Ezra 4:3) It is not for you and us [to build a House to our God, but we alone will build it]. But in the case of a synagogue, they may accept it right from the start, so long as he says, "I dedicated something with the [same] intention of a Jew," and if he did not say so, it may be preserved in storage in that his intention may be for the sake of heaven. They may not accept anything [from Gentiles] for the walls of Jerusalem or for the water channel there, as it is said, (Nehemiah 2:20) But you have no share or claim or stake in Jerusalem!¹⁵¹See Babylonian Talmud Arakhin 6a. It is forbidden for a Jew to take tzedakah from a Gentile in public, but if he is not able to live on the tzedakah of Israel and cannot take tzedakah from the Gentiles in private, then he may do so in public. If a king or a noble of the Gentiles sends money to a Jewish community for tzedakah, they may not send it back for the sake of the peace of the kingdom, but rather they take it and give it to the poor of the Gentiles in secret so that the king will not hear.¹⁵²See Babylonian Talmud Sanhedrin 26b. However, it only states that those who accept charity from Gentiles in public when there is an alternative are ineligible to be witnesses. The redemption of captives held for ransom takes precedence over sustaining the poor and clothing them. You do not find a mitzvah greater than the redemption of captives, for captivity is in the same category as famine, drought, or exposure, and one stands in danger to one's life. One who averts his eyes from redeeming [the captive] transgresses [the commandment], (Deut. 15:7) Do not harden your heart and shut your hand, and (Lev. 19:16) Do not stand upon the blood of your neighbor, and (Lev. 25:53) He shall not rule ruthlessly over him in your sight, and nullifies the commandment (Deut. 15:8) You must open your hand, and the commandment, (Lev. 25:36) Let him live by your side as your kinsman, and (Lev. 19:18) Love your fellow as yourself, and (Proverbs 24:11) If you refrained from rescuing those taken off to death, [those condemned to slaughter--if you say, "We knew nothing of it," surely He who fathoms hearts will discern], and many such sayings. You cannot find a greater mitzvah than the redemption of captives.¹⁵³See Babylonian Talmud Bava Batra 8a-b on the importance of redeeming captives and Chullin 7a where Rabbi Phineas ben Yair travels to redeem captives and, on the way, a river parts for him, enabling him to pass through on dry land to fulfill his duty. If people of a city have collected money for the building of a synagogue, and a matter of a mitzvah comes before them, they should use the money [for the mitzvah]. But if they already purchased stones and beams, they should only sell them in the case of redeeming captives. Even if they have brought the stones and made walls of them, beams and laid them out, they sell it all for the sake of redeeming captives and that alone, but if they have built and completed [the synagogue], they do not sell the synagogue. Rather, they collect for their [the captives'] redemption from the public.¹⁵⁴On the public collection of charity, see Babylonian Talmud Bava Batra 8b. They may not redeem the captives for more than their worth for the sake of civilization, so that the enemies will not pursue after them to enslave them [once they find out they are will to pay anything]. And they do not try to make the captives escape for the sake of civilization, so that the enemies will not increase the weight of their yoke and add more guards.¹⁵⁵See Mishnah Gittin 4:6. The translation "for the sake of civilization" is used to try to capture the nuance that there is a duty to make the world a less chaotic and dangerous place. He who sells himself and his children to Gentiles or who takes a loan from them and becomes enslaved to them or is imprisoned because of the loan, the first and second time it is a mitzvah to redeem them. The third time they do not redeem him, but they redeem the children after the death of their father. But if they want to kill him, then they redeem him from their power, even if this is several times [that this has happened].¹⁵⁶See Babylonian Talmud Gittin 46b-47a. In the case of a slave who was taken captive, if he immersed himself for the sake of servitude and he accepted upon himself the duty of the mitzvot, they redeem him as if he were a Jew who had been taken captive. But if the prisoner rebels and joins the idolaters, even if it is by [transgressing] one mitzvah, such as the prohibition against eating carrion, in order to infuriate [the Jewish community], etc., it is forbidden to redeem him.¹⁵⁷See Babylonian Talmud Gittin 37b and 47a. A woman takes precedence over a man for feeding, clothing, and bringing out of prison, because it is more usual for men to go door to door [to beg] and not for a woman who feels great shame in this. But if both of them [a man and a woman] were in captivity and were in danger of being violated sexually, the man takes precedence for redemption, because this is not the way of things.¹⁵⁸See Mishnah Horayot 3:7, Babylonian Talmud Ketubot 67a. In the case of a male orphan and a female orphan who come [to the authorities of the community] to get married [but not to each other], the female [orphan] takes precedence over the man, because she feels great shame in this.¹⁵⁹See Babylonian Talmud Ketubot 67a-b. And they may not give her less than the worth of six and a quarter dinar of pure silver, and if they have more in the bank of tzedakah, they give to her according to her honor.¹⁶⁰See Mishnah Ketubot 6:5. If we have before us many poor people or many captives, and there is not enough in the fund to sustain them, or to clothe them, or to redeem them all, a priest takes precedence over a Levite, a Levite over a [regular] Jew, a Jew over a chalel [an illegitimate child of a priest], a chalel over a shetuki [an illegitimate child with an unknown father], a shetuki over a asufi [a foundling], an asufi over a mamzer [a child who was conceived in a union forbidden by the Torah], a mamzer over a natin [a descendent of the Gibeonites], and a natin over a stranger, so long as the natin was praised with us in holiness, and a convert takes precedence over a freed slave, for he [the slave] was once one of the cursed.¹⁶¹See Mishnah Horayot 3:8. To what does this refer? When both who are imprisoned are equal in wisdom. But if there was a High Priest who was an ignoramus and a mamzer who was a wise disciple, the wise disciple takes precedence. Anyone who is great in wisdom takes precedence over another. But if one of them [the captives] was one's rabbi or father, even if there is someone who is greater in wisdom, one's rabbi or father [takes precedence]. Even if there is someone there [among the captives] who is greater in wisdom than his rabbi or his father, so long as he [his father or rabbi] is a wise disciple, he [the father or the rabbi] takes precedence over the one who is greater than them in wisdom.¹⁶²See Mishnah Horayot 3:8 and Babylonian Talmud Horayot 13a.

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].¹⁶³For laws 1-12, see Babylonian Talmud Bava Batra 8a-11b in addition to the citations listed below. 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"]. 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.¹⁶⁴See also Babylonian Talmud Sanhedrin 17b on the basic requirements for a community. 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.¹⁶⁵See Babylonian Talmud Sanhedrin 35a. The kupah may only be collected by two individuals, for there is no authority to an institution in the community in financial matters except if there are at least two people [to run it], but it is permissible to entrust one person with the money from the kupah. It may only be distributed by three individuals, because it is as if they are making judicial decisions about money [and a Jewish court is comprised of three individuals], for they give to each one enough to fill this lack for the Sabbath [and this is a matter of judgment]. And the tamchui is collected by three, for this is not a clearly defined matter [and also requires judicial decisions], and it is distributed by three.¹⁶⁶See Mishnah Péah 8:7. 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. The citizens of the city are permitted to interchange the kupah and the tamchui one with the other, and they may exchange them according to the desires fitting the needs of the community, even though they did not stipulate such at the time it was collected. If there is someone in the province who is especially wise, everything should be collected according to his understanding, and he should distribute it as he sees best. This person is permitted to exchange them [the kupah and the tamchui] as he sees fit according to the needs of the community. Collectors of tzedakah are not permitted to spread out far from each other [while collecting] in the market [so as to avoid suspicion], except when one goes through a gate while the other goes into a store so they may make a collection. If a tzedakah collector finds money in the market, he may not put it in his pocket [so it looks like he is stealing], but rather he puts it in the money bag of the tzedakah, and when he gets home he may take it out. If a tzedakah collector engages in business with another in the market [while he is collecting tzedakah] and he [the other person] pays him [the collector in front of others], he may not place [the money] in his pocket, but rather he puts it in the money bag of tzedakah, and when he gets home he may take it out. He may also not count the money from the kupah two by two but rather one coin at a time so that there is no suspicion, as it is said, (Num. 32:22) You shall be clear before the LORD and before Israel. If the collectors of tzedakah do not have poor people [at that moment] to whom to distribute, they may combine the money into dinarim, for the sake of others but not for themselves. The collectors of the tamchui who do not have poor people to whom to distribute may sell [donated gifts] for the sake of others but not for their own sake. People should not investigate the collectors of tzedakah, the treasurer of the Temple, [that is, demand a list of who gave what,] as it is said, (II Kings 22:7) However, no check is to be kept on them for the silver that is delivered to them, for they deal honestly. 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.¹⁶⁷See Babylonian Talmud Shabbat 118a. 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].¹⁶⁸See Mishnah Péah 8:7. 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].¹⁶⁹See Babylonian Talmud Ketubot 68a. If a owner of a home was traveling to a city and lost his money while on the way and now has nothing to eat, then he is permitted to take leket, shikhecha, péah, ma'esar ani, and to benefit from tzedakah. And when he arrives at his home, he does not need to pay [the money back], for he was a poor person at that time. To what is this similar? To a poor person who becomes rich and does not need to pay [back all the money that sustained him while he was poor].¹⁷⁰See Mishnah Péah 5:4. If one owns houses, fields, or vineyards, and if he sold them during the rainy season, it would be at a loss, whereas if he waited until the dry season, he could sell them for their worth, in such a case, they may not require him to sell [when he would lose money], but rather they feed him from ma'esar ani up until half their [his property's] worth,¹⁷¹See Babylonian Talmud Bava Kama 7a. and they do not pressure him to sell at a time when it would be disadvantageous to sell. If the rest of the people are buying at high prices, and he finds that no one will buy from him except at a cheap price because he is under pressure and in dire straits, they may not require him to sell [at that time]. Rather, he eats from ma'esar ani and continues until he can sell for their value, as everyone knows so he is not under pressure to sell [at a loss].¹⁷²See Babylonian Talmud Bava Kamma 7a-b. It is remarkable, however, that the Talmud teaches the opposite of Maimonides' ruling. However, later legal decisions are in accordance with Maimonides, perhaps suggesting a problem with the transmission of texts. If they collected money for a certain poor person in order to fill his lack, and they accumulated a surplus [by collecting more than what he was lacking], the surplus belongs to him. And so if they collected a surplus for poor people in general, [the surplus is set aside] for the poor [in the future]. And so a surplus for captives [is set aside for future] captives, and so for a specific captive, [the surplus goes to] that specific captive. And so a surplus for taking care of the dead in general [is set aside for the future needs of] taking care of the dead, and so if there is a surplus [that they collected] for a specific dead person, it goes to his heirs.¹⁷³See Mishnah Shekalim 2:5. A poor person who has given a perutah to the tamchui or to the kupah, they accept it from him. If he did not give [anything], they do not require him to give. If they gave him new clothes, and he returned the worn garments, they accept them from him. And if he did not donate [to the kupah], they do not require him to give.¹⁷⁴See Tosefta Péah 4:10.