The Hinukh on Aiding the Needy, and the Search for the Mitzva of Tzedaka in Humash

(3) 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.

(24) If you lend money to My people, to the poor among you, do not act toward them as a creditor; exact no interest from them. (25) If you take your neighbor’s garment in pledge, you must return it to him before the sun sets; (26) it is his only clothing, the sole covering for his skin. In what else shall he sleep? Therefore, if he cries out to Me, I will pay heed, for I am compassionate.

(1) Every seventh year you shall practice remission of debts. (2) This shall be the nature of the remission: every creditor shall remit the due that he claims from his fellow; he shall not dun his fellow or kinsman, for the remission proclaimed is of the LORD. (3) You may dun the foreigner; but you must remit whatever is due you from your kinsmen. (4) There shall be no needy among you—since the LORD your God will bless you in the land that the LORD your God is giving you as a hereditary portion— (5) if only you heed the LORD your God and take care to keep all this Instruction that I enjoin upon you this day. (6) For the LORD your God will bless you as He has promised you: you will extend loans to many nations, but require none yourself; you will dominate many nations, but they will not dominate you. (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. (8) Rather, you must open your hand and lend him sufficient for whatever he needs. (9) Beware lest you harbor the base thought, “The seventh year, the year of remission, is approaching,” so that you are mean to your needy kinsman and give him nothing. He will cry out to the LORD against you, and you will incur guilt. (10) Give to him readily and have no regrets when you do so, for in return the LORD your God will bless you in all your efforts and in all your undertakings. (11) For there will never cease to be needy ones in your land, which is why I command you: open your hand to the poor and needy kinsman in your land. (12) If a fellow Hebrew, man or woman, is sold to you, he shall serve you six years, and in the seventh year you shall set him free. (13) When you set him free, do not let him go empty-handed: (14) Furnish him out of the flock, threshing floor, and vat, with which the LORD your God has blessed you. (15) Bear in mind that you were slaves in the land of Egypt and the LORD your God redeemed you; therefore I enjoin this commandment upon you today.

(10) Six years you shall sow your land and gather in its yield; (11) but in the seventh you shall let it rest and lie fallow. Let the needy among your people eat of it, and what they leave let the wild beasts eat. You shall do the same with your vineyards and your olive groves.

(1) The commandment of charity (tsedekah): To do charity with the one who needs it, with happiness and out of the goodness of one's heart; meaning to say, that we give from our money to one who is lacking, and to strengthen the poor in all areas that he needs for his sustenance, with all of our ability. And about this is it stated (Deuteronomy 15:8), "you shall surely open your hand to him." And they, may their memory be blessed, expounded (Bava Metzia 31a), "Even several times." And it is it also stated (Leviticus 25:35), "and you shall strengthen the stranger and the citizen to live with you." And it stated further (Leviticus 25:36), "and your brother should live with you."

(2) I have written what I have known from the roots of the commandment in Mishpatim on the commandment to lend to the poor at the time of his duress.

(3) From the laws of the commandment is that which they, may their memory be blessed, said (Bava Batra 10b) that the essence of the commandment is to give charity to the hand of a treasurer who should distribute it to the one who needs it; so that the recipient from the hand of the giver not be embarrassed each time he sees him; and also that the giver not embarrass him about it ever. [Rather] this one does not know to whom he gave it, and that one does not know from whom he received it.

(4) And you, my son, do not think that the commandment of charity applies only for the poor who does not have bread and clothing, since also for the very wealthy can this commandment of charity apply. For example, a wealthy person who is in a place where they do not recognize him and he needs a loan. Or even a wealthy person in his own city and in the place where he is recognized sometimes needs - because of sickness or because of another circumstance - that which you have in your hand and he cannot find it elsewhere. This is also included in the laws of charity without a doubt. Since the Torah always chooses acts of kindness and commands us to fulfill the will of the creatures, the children of the Covenant, in the manner that we can. And the principle of the matter is that anyone that benefits his fellow, whether with money, or food or any other needs - even with good words, words of consolation (Bava Batra 9a) - is included in the commandment of charity and his reward is very much. And may my words enter your ears, as they are good, in the 'ear that examines words.'

(5) And they, may their memory be blessed, said (Ketuvot 67b) that we trick a poor person who does not want to take [charity] and we give it to him [as] a loan, and afterwards we do not ask it back from him. But we do not pay attention to a wealthy person who torments himself and who has a bad eye with his [own] money. And they, may their memory be blessed, said (Ketuvot 67b), "'Enough for his lack' (Deuteronomy 15:8) - you are commanded to fill his lack, but you are not commanded to make him wealthy." And Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Gifts to the Poor 9:3) that he never saw and never heard of a city that has ten [or more] from Israel that did not have a charity fund. And they, may their memory be blessed, said that even a poor person that sustains himself from charity is obligated to [give] charity if he finds someone [more needy] than he, who needs it. And they, may their memory be blessed, said (Mishneh Torah, Laws of Gifts to the Poor 10:2) that no man ever came to poverty because of doing too much charity (tsedekah), as it is stated (Isaiah 32:17), "And the work of righteousness (tsedekah) shall be peace." And Israel is only redeemed in the merit of charity, as it is stated (Isaiah 1:27), "Zion will be redeemed with justice (tsedekah)." [These] and the rest of its details are in [several] scattered places in the Talmud, but most of them are in Tractate Ketuvot (Chapter 6) and in Bava Batra (Chapter 1).

(6) And it is practiced in every place and at all times by males and females. And one who transgresses it and does not do charity at a time that he is asked for it - or he sees that the thing is needed - and he has the ability in his hand to do it, has violated this positive commandment.

(1) 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).

(2) The root of the commandment is that God wanted His creations to be trained and habituated to the trait of kindness and of mercy, since it is a praiseworthy trait. And from the refinement of their bodies with good character traits, they will be fit to receive the good; as we have said that the good and blessing always descend upon the good, and not upon its opposite. And when God, may He be blessed, does good to the good, He fulfills His will, since He desires to do good to the world. And if it were not from the angle of this root, does He, blessed be He, not have enough for the lacking of the poor person without us? Rather, it was from His kindness, blessed be He, that He made us His messengers to give us merit.

And there is also another reason in the matter....