Halakhah su Deuteronomio 15:8

You should know that it is not [truly] appropriate to bring up this topic to explain it. For since the words of the Talmud (Makkot 23b) are, "There were 613 commandments stated to Moshe at Sinai," how can we say about something rabbinic, that it is included in the count. However we have been prompted to it because many erred and counted the Chanukah light and the reading of the Megillah (Scroll of Esther) among the positive commandments. And likewise the hundred blessings each day; comforting the mourners; visiting the sick; burying the dead, clothing the naked; calculating the seasons; and the eighteen days in which we complete [the recitation of] Hallel. You can only stare at someone who hears [the Talmud's] statement, "stated to Moshe at Sinai," and yet counts the recitation of Hallel in which David, peace be upon him, praised God, may He be blessed - that Moshe was commanded about it; or the Chanukah light which the Sages established during the Second Temple; or the reading of the Megillah. I cannot see anyone imagine - or it even coming to his mind - that it was nevertheless stated to Moshe at Sinai that he should command us that when, at the end of our monarchy, such and such happens to us with the Greeks, we will be obligated regarding the Chanukah light. And it appears to me that what led them to this is that we make the blessing [on these commandments], "who has sanctified us with His commandments and commanded us"; and the Talmud's question (Shabbat 23a) - "And where we commanded?" And they said, "From 'you shall not veer'" (Deuteronomy 17:11). But if they counted them from this, they should count everything rabbinic: For everything that the Sages commanded us to do and everything they prohibited to us [would then have] already commanded by Moshe, peace be upon him, at Sinai when he commanded us to do so. And that is his saying (Deuteronomy 17:11), "According to the law that they instruct you, etc." And he prohibited us from violating anything that [the rabbis] ordained or decreed, by saying, "you shall not veer." But if one counts everything rabbinic within the 613 commandments because it all fits into His, may He be blessed, saying "you shall not veer" - why would he count these in particular and not count others besides them? And just like they counted the Chanukah light and the reading of the Megillah, they should also have counted the washing of the hands and the commandment of eruv. For [we also] recite the blessing, "who has sanctified us with His commandments and commanded us," [on these] - just like we recite the blessings on the reading of the Megillah and the Chanukah light. Yet it is all rabbinic! And in explantion, [the Sages] said (Chullin 106a), "[Washing hands] is a commandment." And they said, "What is the commandment? Abbaye said, 'It is a commandment to listen to the words of the sages.'" This is like what they said about the reading of the Megillah and the Chanukah light, "And where were we commanded? From 'you shall not veer.'" And it is already clear that anything that the Sages and the prophets that arose after our teacher, Moshe ordained is also rabbinic. And in explanation, they said (Eruvin 21b), "At the time that Shlomo ordained [the ordinances of] eruv and of washing hands, a heavenly voice emerged and said (Proverbs 27:11), 'My son, be wise and make My heart glad.'" And they explained in other places that eruv is called rabbinic and washing hands is from the words of the Scribes. Behold that it is clear that everything that they decreed after Moshe is rabbinic. Indeed I am explaining all of this to you so that you not think that since the reading of the Megillah is an ordinance of the prophets, it is considered to be from the Torah. As eruv is rabbinic even though it was ordained by Shlomo and his court. And this was missed by someone besides us - so that they counted clothing the naked, because it is found in Isaiah 58:7, "when you see the naked, you should clothe him." And he did not know that it is included in His, may He be blessed, saying (Deuteronomy 15:8), "enough for his lack that he is lacking." For the content of this command is without a doubt that we feed the hungry, cover the naked, give bedding to one without bedding, give clothing to one without clothing, marry off a single man who does not have the wherewithal to get married and to give a horse to ride upon to one who is habituated to it [but can no longer afford it], as is made famous in the Talmud (Ketubot 67b). For this is all included in His saying, "he is lacking." And the words of the Talmud for them were attached 'to a stammering jargon and an alien tongue.' For otherwise, they would not have counted the reading of the Megillah and that which is similar to it with the commandments that were stated to Moshe on Mount Sinai. And it is stated in the Gemara in Shevuot (Shevuot 39a:10), "And I have only the commandments that were commanded at Mount Sinai. From where do I have commandments that were to be initiated in the future, such as the reading of the Megillah? The verse (Esther 9:27) states, 'they fulfilled and accepted' - they fulfilled what they [already] accepted." And that is that they would believe all of the commandments that the prophets and sages ordained afterwards. But it is a wonder: Why did they count positive rabbinic commandments, as we mentioned, and not also mention negative rabbinic commandments. And just like they counted reading the Megillah, the Chanukah light, the one hundred blessings each day and Hallel among the positive commandments, they should have also counted each and every rabbinic secondary sexual prohibition as a negative Torah commandment! It is as [the Sages] explained it and said (Yevamot 20a), "The secondary sexual prohibitions are from the words of the Scribes." And it has already been explained in the Talmud about the statement of the Mishnah, "the prohibition of a commandment" - referring to secondary sexual prohibitions - saying, "What is the commandment? To listen to the words of the sages." And it should have been lookwise appropriate for them to include the sister of the levirate wife, which is from the words of the Scribes. More generally, if we were to count every positive rabbinic law and every negative rabbinic law, it would add up to many thousands. And that is something clear. But the principle is that anything rabbinic is not counted in the category of the 613 commandments. For this category is completely [comprised of] that which is written in the Torah, such that there is nothing rabbinic in it - as we are explaining. However their counting some things that are rabbinic and leaving out others - according to their choice - is an unacceptable notion, no matter what they say! Behold we have explained this principle and its demonstrations such that there should be no doubt about it at all to anyone.

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.

The commandment of lending to the poor person: To lend to the poor person - according to what is in reach of one's hand - in accordance with what [the poor person] needs, in order to give him space and to lighten his distress from upon him. And this commandment of lending is stronger and more obligatory than the commandment of giving charity. As the duress and the darkness of one who whose duress is [already] known and revealed among people and has [already] asked from them is not the same as the one who has not yet come to this embarrassment and is [still] afraid to enter into it. And if he would have a little assistance of a loan with which to make a little profit, maybe he will never need to come to asking. And [then] if God has mercy upon him with profit, he will pay his creditors, and he will live on the remainder (Sefer HaMitzvot LaRambam, Mitzvot Ase 197). And therefore, our perfect Torah warned us about this to assist the impoverished man with a loan before he needs to come to ask, as it is stated (Exodus 22:24), "If you lend money to My people." And they, may their memory be blessed, said in Mekhilta d'Rabbi Yishmael 22:24:1 [that] each and every, "if" in the Torah is optional except for three that are obligatory - and this is one of them. And they proved the matter from that which it is written in the way of a command in a different place, "you shall surely pledge" (Deuteronomy 15:8).