בָּרוּךְ אַתָּה ה׳ אֱלקֵינוּ מֶלֶך–הָעולָם אֲשֶׁר קִדְּשָנוּ בְּמִצְותָיו וְצִוָּנוּ לַעֲסק בְּדִבְרֵי-תורָה.
Blessing Over the Study of Torah
Baruch atah, Adonai Eloheinu, Melech haolam, asher kid’shanu b’mitzvotav v’tzivanu laasok b’divrei Torah.
Blessed are You, Adonai our God, Sovereign of the universe, who sanctifies us with mitzvot, commanding us to engage with words of Torah.
Who and what are we talking about here?
Who is Maimonides?
Moses ben Maimon (aka Maimonides or Rambam) was somehow the ultimate Renaissance man--before the Renaissance even existed! Maimonides was a 12th century Jewish philosopher, physician, polymath, and scholar who wrote about everything from Torah, Talmud, medicine, astronomy, philosophy, to...you guessed it...how to be a good human. Acting as doctor by day and rabbi by night (or sometimes combining the two in the afternoon), Maimonides' big goal was to simplify Jewish law and philosophy for everyone.
What is the Mishneh Torah?
If you were to ask Maimonides, the Mishneh Torah is everything you'll ever need outside of the actual written Torah. Imagine trying to cram the entire Jewish legal system into one epic guidebook--that's Maimonides' Mishneh Torah: a compendium a 14 books that acted as the ultimate Jewish FAQ. In this series, Maimonides helps us find answers about Jewish law, prayer, charity, and menschlichkeit (and SO much more!).
What is Hilchot Matanot Aniyim'?
Within Maimonides' book, Sefer Zeraim (the book of seeds), Hilchot Matanot Aniyim, "The Laws of Gifts to the Poor" systematically explores and explains Jewish laws and values related to charitable giving (and eventually tzedakah). In these chapters, Maimonides aims to help us merge the practical with the ethical when helping the less fortunate. Maimonides integrates agricultural laws, communal obligations, personal ethics, and social needs to guide us in building a just and compassionate world.
The chapters of Hilchot Matanot Aniyim can be (mostly) broken down as follows:
- Chapter 1: Agricultural Gleanings—what we owe others from our fields
- Chapter 2: Digging into Agricultural Gifts—specifying what qualifies
- Chapter 3: Ownership & Access—finding the balance between personal property rights and the obligation to the poor
- Chapter 4: Exceptions and Intentions—ensuring fairness and avoiding exploitation
- Chapter 5: Additional Agricultural Obligations—Vineyards, olive trees, etc.
- Chapter 6: Tithes—what goes to the Temple, Jerusalem, and the poor
- Chapter 7: Introduction to Tzedakah—focus on monetary charity
- Chapter 8: The Holiness of Giving—tzedakah as a vow and gifts to the synagogue
- Chapter 9: Trusted Trustees—who handles the collection/distribution of charity
- Chapter 10: How to Give Charity—status, attitude, and ethical responsibility
Starting From Our Seedlings
How Agriculture Helped Shape Tzedakah as We Know It
... כְּשֶׁאוֹסֵף אֶת פֵּרוֹתֵיהֶן מַנִּיחַ מְעַט לָעֲנִיִּים... שֶׁנְּתִינָתוֹ מִצְוַת עֲשֵׂה שֶׁנֶּאֱמַר (ויקרא כג כב) "לֶעָנִי וְלַגֵּר תַּעֲזֹב אֹתָם". וַאֲפִלּוּ טָחַן הַקָּמָה וְלָשׁוֹ וַאֲפָאוֹ פַּת הֲרֵי זֶה נוֹתֵן מִמֶּנּוּ פֵּאָה לָעֲנִיִּים:
...When he gathers his produce, he should leave some for the poor...
Giving [this produce] fulfills a positive commandment, as it is stated [ibid.]: "Leave it for the poor and the stranger." Even if one ground the flour, kneaded it, and baked it into bread, he should give pe'ah from it for the poor.
(22) And when you reap the harvest of your land, you shall not reap all the way to the edges of your field, or gather the gleanings of your harvest; you shall leave them for the poor and the stranger: I יהוה am your God.
אֵין מַנִּיחִין אֶת הַפֵּאָה אֶלָּא בְּסוֹף הַשָּׂדֶה. כְּדֵי שֶׁיִּהְיוּ עֲנִיִּים יוֹדְעִין מָקוֹם שֶׁיָּבוֹאוּ לוֹ וּכְדֵי שֶׁתִּהְיֶה נִכֶּרֶת לָעוֹבְרִים וְלַשָּׁבִים ... וְעוֹד שֶׁלֹּא יִשְׁמֹר שָׁעָה שֶׁאֵין שָׁם אָדָם וְיַנִּיחֶנָּהּ וְיִתְּנֶנָּה לֶעָנִי הַקָּרוֹב לוֹ...:
Pe'ah should be left only at the edge of the field, so that the poor will know where to come to collect it, so it will be obvious to passersby... Also, [leaving it there will prevent him from] waiting until a time when no one is present and leaving it for a poor person with whom he is close...
שְׁנַיִם שֶׁלָּקְחוּ אִילָן אֶחָד נוֹתְנִין מִמֶּנּוּ פֵּאָה אַחַת. לָקַח זֶה צְפוֹנוֹ וְזֶה דְּרוֹמוֹ זֶה נוֹתֵן פֵּאָה לְעַצְמוֹ וְזֶה נוֹתֵן פֵּאָה לְעַצְמוֹ:
When two people purchased one tree [in partnership], they should leave one portion of pe'ah from it. If one purchased the northern side [of a tree] and the other purchased [the southern side], each one should leave pe'ah individually.
What should the owner of a field do if leket fell to the ground, it was not collected by the poor and he made a grainheap of his harvest on this earth? He should move his grain pile to another place, [but] all the stalks that are touching the ground belong to the poor. [The rationale is that] we do not know which of them was leket and whenever there is a doubt concerning [whether produce] is from the presents for the poor, [it is given] to the poor. [This is implied by the term (Leviticus 23:22 :] "Leave," i.e., leave from your produce for them.
Think Local, Give Global
Tzedakah, As We Know It
Tzedakah as we think about it today (often monetarily or in-kind), is built off of all of these other pieces of law, growing from our fields, orchards, and vineyards and winding its way through tithes to the Temple. What if you're in a city and not working the fields regularly? How do we ensure we give if produce isn't on the table?
מִצְוַת עֲשֵׂה לִתֵּן צְדָקָה לָעֲנִיִּים כְּפִי מַה שֶּׁרָאוּי לֶעָנִי. אִם הָיְתָה יַד הַנּוֹתֵן מַשֶּׂגֶת. שֶׁנֶּאֱמַר (דברים טו ח) "פָתֹחַ תִּפְתַּח אֶת יָדְךָ לוֹ",,,
It is a positive commandment to give charity to the poor among the Jewish people, according to what is appropriate for the poor person if this is within the financial capacity of the donor, as [Deuteronomy 15:8] states: "You shall certainly open your hand to him..."
(7) If, however, there is a needy person among you, one of your kin in any of your settlements in the land that your God יהוה is giving you, do not harden your heart and shut your hand against your needy kin. (8) Rather, you must open your hand and lend whatever is sufficient to meet the need.
How much? The most desirable way of performing the mitzvah is to give one fifth of one's financial resources. Giving one tenth is an ordinary measure. Giving less [than that] reflects parsimony. A person should never refrain from giving less than a third of a shekel a year. A person who gives less than this has not fulfilled the mitzvah. Even a poor person who derives his livelihood from charity is obligated to give charity to another person.
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.
(ז) שְׁמוֹנֶה מַעֲלוֹת יֵשׁ בַּצְּדָקָה זוֹ לְמַעְלָה מִזּוֹ. מַעֲלָה גְּדוֹלָה שֶׁאֵין לְמַעְלָה מִמֶּנָּה זֶה הַמַּחֲזִיק בְּיַד יִשְׂרָאֵל שֶׁמָּךְ וְנוֹתֵן לוֹ מַתָּנָה אוֹ הַלְוָאָה אוֹ עוֹשֶׂה עִמּוֹ שֻׁתָּפוּת אוֹ מַמְצִיא לוֹ מְלָאכָה כְּדֵי לְחַזֵּק אֶת יָדוֹ עַד שֶׁלֹּא יִצְטָרֵךְ לַבְּרִיּוֹת לִשְׁאל. וְעַל זֶה נֶאֱמַר (ויקרא כה לה) "וְהֶחֱזַקְתָּ בּוֹ גֵּר וְתוֹשָׁב וָחַי עִמָּךְ" כְּלוֹמַר הַחֲזֵק בּוֹ עַד שֶׁלֹּא יִפּל וְיִצְטָרֵךְ:
(ח) פָּחוֹת מִזֶּה הַנּוֹתֵן צְדָקָה לָעֲנִיִּים וְלֹא יָדַע לְמִי נָתַן וְלֹא יָדַע הֶעָנִי מִמִּי לָקַח. שֶׁהֲרֵי זוֹ מִצְוָה לִשְׁמָהּ. כְּגוֹן לִשְׁכַּת חֲשָׁאִים שֶׁהָיְתָה בַּמִּקְדָּשׁ. שֶׁהָיוּ הַצַּדִּיקִים נוֹתְנִין בָּהּ בַּחֲשַׁאי וְהָעֲנִיִּים בְּנֵי טוֹבִים מִתְפַּרְנְסִין מִמֶּנָּה בַּחֲשַׁאי. וְקָרוֹב לָזֶה הַנּוֹתֵן לְתוֹךְ קֻפָּה שֶׁל צְדָקָה. וְלֹא יִתֵּן אָדָם לְתוֹךְ קֻפָּה שֶׁל צְדָקָה אֶלָּא אִם כֵּן יוֹדֵעַ שֶׁהַמְמֻנֶּה נֶאֱמָן וְחָכָם וְיוֹדֵעַ לְהַנְהִיג כַּשּׁוּרָה כְּרַבִּי חֲנַנְיָה בֶּן תְּרַדְיוֹן:
(ט) פָּחוֹת מִזֶּה שֶׁיֵּדַע הַנּוֹתֵן לְמִי יִתֵּן וְלֹא יֵדַע הֶעָנִי מִמִּי לָקַח. כְּגוֹן גְּדוֹלֵי הַחֲכָמִים שֶׁהָיוּ הוֹלְכִין בַּסֵּתֶר וּמַשְׁלִיכִין הַמָּעוֹת בְּפִתְחֵי הָעֲנִיִּים. וְכָזֶה רָאוּי לַעֲשׂוֹת וּמַעֲלָה טוֹבָה הִיא אִם אֵין הַמְמֻנִּין בִּצְדָקָה נוֹהֲגִין כַּשּׁוּרָה:
(י) פָּחוֹת מִזֶּה שֶׁיֵּדַע הֶעָנִי מִמִּי נָטַל וְלֹא יֵדַע הַנּוֹתֵן. כְּגוֹן גְּדוֹלֵי הַחֲכָמִים שֶׁהָיוּ צוֹרְרִים הַמָּעוֹת בִּסְדִינֵיהֶן וּמַפְשִׁילִין לַאֲחוֹרֵיהֶן וּבָאִין הָעֲנִיִּים וְנוֹטְלִין כְּדֵי שֶׁלֹּא יִהְיֶה לָהֶן בּוּשָׁה:
(יא) פָּחוֹת מִזֶּה שֶׁיִּתֵּן לוֹ בְּיָדוֹ קֹדֶם שֶׁיִּשְׁאַל:
(יב) פָּחוֹת מִזֶּה שֶׁיִּתֵּן לוֹ אַחַר שֶׁיִּשְׁאַל:
(יג) פָּחוֹת מִזֶּה שֶׁיִּתֵּן לוֹ פָּחוֹת מִן הָרָאוּי בְּסֵבֶר פָּנִים יָפוֹת:
(יד) פָּחוֹת מִזֶּה שֶׁיִּתֵּן לוֹ בְּעֶצֶב:
(7) There are eight levels in charity, each level surpassing the other. The highest level beyond which there is none is a person who supports a Jew who has fallen into poverty [by] giving him a present or a loan, entering into partnership with him, or finding him work so that his hand will be fortified so that he will not have to ask others [for alms]. Concerning this [Leviticus 25:35] states: "You shall support him, the stranger, the resident, and he shall live among you." Implied is that you should support him before he falls and becomes needy.
(8) A lower [level] than this is one who gives charity to the poor without knowing to whom he gave and without the poor person knowing from whom he received. For this is an observance of the mitzvah for its sake alone. This [type of giving was] exemplified by the secret chamber that existed in the Temple. The righteous would make donations there in secret and poor people of distinguished lineage would derive their livelihood from it in secret.
A level close to this is giving to a charity fund.. A person should not give to a charity fund unless he knows that the person managing it is faithful, wise, and capable of administering it in a proper manner as Rebbe Chananya ben Tradyon was.
(9) A lower level than that is an instance when the giver knows to whom he is giving, but the poor person does not know from whom he received. An example of this were the great Sages who would go in secret and throw money into the doorways of the poor." This is a worthy way of giving charity and it is a good quality [to express] if the trustees of the charitable fund are not conducting themselves appropriately.
(10) A lower level than that is an instance when the poor person knows from whom he took, but the donor does not know to whom he gave. An example of this were the great Sages who would bundle coins in a sheet and hang them over their shoulders and the poor would come and take them so that they would not be embarrassed.
(11) A lower level than that is giving [the poor person] in his hand before he asks.
(12) A lower level than that is giving him after he asks.
(13) A lower level than this is giving him less than what is appropriate, but with a pleasant countenance.
(14) A lower level than that is giving him with sadness.