Rambam - 3 Chapters a Day

Charity is considered as a vow. Therefore one who says: "I pledge to give a sela to charity"1 or "[I will give] this sela to charity,"2 he is obligated to give it [to charity] immediately.3 If he delays, he transgresses the commandment against delaying [the observance of one's vow],4 for he has the capacity to make the gift immediately and [generally,] there are poor people at hand.

If there are no poor people at hand, he should set aside [the donation] and put it away until he finds poor people.5 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.6

When a person extends a vow made to charity, he is obligated as is the case with regard to other vows.7

What is implied? If he said: "This sela is like this one [given to charity], it is also charity. When a person sets aside a sela and says: "This is charity" and then takes another sela and says: "And this," the second is also charity even though he did not say so explicitly.8

When a person takes a vow [to give charity], but does not remember how much he vowed to give, he should give until he says: "I did not intend [to give] this [much]."9

[The following rules apply] both to a person who says: "This sela is charity" and one who says: "I pledge a sela for charity" and sets it aside. If he desires to exchange it with another [coin], he is permitted to do so.10 Once it reaches the hand of the treasurer of the charity, it is forbidden to be exchanged. If the treasurer of the charity desires to exchange the common currency for dinarim,11 they are not permitted to do so.12 If there are no poor among whom to distribute the funds, they should have others exchange the coins,13 but they should not do so themselves.

If the poor would benefit from the delay of the money in the possession of the charity collector so that he could motivate others to give,14 that charity collector may borrow the money and pay [when the funds are required]. For charity does not resemble funds dedicated to the Temple treasury from which it is forbidden to benefit.

When a person donates a candelabra or a lamp to a synagogue, it is forbidden to exchange it.15 If it is for a sacramental purpose, it is permitted to exchange it, even though the name of the donor is still associated with it, e.g., it is said: "This is so-and-so's candelabra" or "...so-and-so's lamp."16 If the name of the donor is no longer associated with it, it may be exchanged17 even for matters that are not sacramental in nature.

When does the above apply? When the donor was Jewish. If, however, he was a gentile, it is forbidden to exchange it even for matters that are sacramental in nature as long as the name of the donor is still associated with it.18 [We fear that] the gentile might say: "I consecrated an article to the Jews' synagogue and they sold it for their own purposes."19

When a gentile seeks to make a donation to the Temple treasury, initially, we do not accept it. If, however, it was taken from him, we do not return it to him. If it was a specific article, e.g., a beam or a stone, we return it to him so that there will not be a specific entity in the Temple associated with [a gentile], as [Ezra 4:3] states: "It is not for you,20 together with us to build a Temple for our God."21 For a synagogue, by contrast, we may accept their [donations, even] initially, provided they say: "I am donating it according to the intent of the Jewish people." If he does not say so, it must be entombed, for perhaps his intent was to consecrate it unto God.22 We do not receive donations23 from them for the walls of Jerusalem or an aqueduct in [that city], as [Nechemiah 2:20] states: "And you do not have a portion or a remembrance in Jerusalem."24

It is forbidden for a Jew to receive charity from a gentile25 in public.26 If he is unable to subsist on the charity given by the Jews and it is impossible to receive charity from the gentiles in private, it is permitted.

When a gentile king or official sends money to the Jews for charity, we do not return it to him so as [not to jeopardize] peaceful relations with the king.27 Instead, we take [the charity] from him and give it to the gentile poor in secret28 so that the king will not hear.29

The redemption of captives receives priority over sustaining the poor and providing them with clothing. [Indeed,] there is no greater mitzvah than the redemption of captives.30 For a captive is among those who are hungry, thirsty, and unclothed and he is in mortal peril.31 If someone pays no attention to his redemption, he violates the negative commandments: "Do not harden your heart or close your hand" (Deuteronomy 15:7), "Do not stand by when the blood of your neighbor is in danger" (Leviticus 19:16), and "He shall not oppress him with exhausting work in your presence" (ibid. 25:53). And he has negated the observance of the positive commandments: "You shall certainly open up your hand to him" (Deuteronomy 15:8), "And your brother shall live with you" (ibid. 19:18), "Love your neighbor as yourself" (Leviticus 19:18), "Save those who are taken for death" (Proverbs 24:11), and many other decrees of this nature. There is no mitzvah as great as the redemption of captives.

When the inhabitants of a city collected money for building a synagogue and a purpose associated with a mitzvah arose, they may use the money for that purpose. If they purchased stones and beams, they should not sell them [and use the proceeds] for a purpose associated with a mitzvah other than the redemption of captives.32 Even though they brought the stones [to the building site], cut the beams and shaped them to size, and prepared everything for building, it should all be sold, [but] only for the sake of redeeming captives. If they built [the synagogue] and completed it,33 it should not be sold. Instead, the funds necessary to redeem the captives should be raised from the community.34

We do not redeem captives for more than their worth35 for the benefit of the world at large, i.e., so that enemies will not pursue people to hold them captive.36 We do not assist captives in escaping, for the benefit of the world at large, i.e., so that enemies will not oppress captives seriously and be very strict when guarding them.37

When a person sold himself and his children [as servants] to gentiles or borrowed money from them and they held him captive or imprisoned him [because of his failure to pay] the loan, it is a mitzvah to redeem him the first or second time [he is held]. [If this happens] a third time, we do not redeem him.38 We do, however, redeem the sons after their father's passing.39 If they sought to kill him, we redeem him from their hands even if he [has been held captive] several times.40

When a servant is held captive, since he immersed himself [in the mikveh] and accepted the mitzvot,41 he should be redeemed like a Jew who has been taken captive. When a captive abandons his faith even with regard to only one mitzvah, e.g., he eats meat from animals that were not ritually slaughtered with the intent of angering God42 or the like, it is forbidden to redeem him.

A woman receives precedence over a man with regard to being given sustenance, clothing, and to be redeemed from captivity.43 [The rationale is that] it is common for a man to beg, but not for a woman and this is extremely embarrassing for her. If they were both held in captivity and they were both solicited for a transgression,44 the man should be redeemed first, because this is not ordinary for him.45

When a male and female orphan come seeking assistance in marriage, we assist the woman before the man, because the woman's shame is greater. She should not be given less than the weight of six and a quarter dinarim of pure silver.46 If the treasury of the charitable fund has the means, we give the money according to her honor.

If there were many poor people or many captives and one does not have the means to provide sustenance or clothing for all of them or to redeem all of them, a priest is given precedence over a Levite.47 A Levite is given precedence over an Israelite. An Israelite is given precedence over a challal,48 a challal over a shituki,49 a shituki over an asufi,50 an asufi over a mamzer,51 a mamzer over a netin,52 and a netin over a convert. [The rationale for the latter is that] a netin grew up with us in holiness.53 A convert is granted precedence over a freed servant, for [the latter] was originally among those who were "cursed."54

When does the above apply? When the two [captives] were equal in knowledge. If, however, a High Priest55 was unlearned and a mamzer was a Torah scholar, the Torah scholar receives precedence.56 Whoever surpasses his colleague in knowledge receives precedence over his colleague.

If, however, one [of the poor or the captives] is one's teacher or father,57 His father or teacher who is a Torah scholar58 receives precedence over another who surpasses him in wisdom.

In every city where Jews live, they are obligated to appoint faithful,1 men of renown as trustees of a charitable fund. They should circulate among the people from Friday to Friday and take from each person what is appropriate for him to give and the assessment made upon him. They then allocate the money from Friday to Friday, giving each poor person sufficient food for seven days. This is called the kupah.2

Similarly, we appoint trustees who take bread, different types of food, fruit, or money from every courtyard from those who make a spontaneous donation and divide what was collected among the poor in the evening, giving each poor person sustenance for that day. This is called the tamchui.3

We have never seen nor heard of a Jewish community that does not have a kupah for charity. A tamchui, by contrast, exists in some communities, but not in others. The common practice at present is that the trustees of the kupah circulate [among the community and collect] every day and divide [the proceeds] every Friday.4

On fast days, we distribute food to the poor. Whenever there is a fast day on which the people eat and went to bed without distributing charity to the poor, they are considered as murderers.5 Concerning them, the Oral Tradition says [Isaiah 1:21]:6 "Charity is held overnight and now [you are] murderers."

When does this apply? When they did not give them bread and fruit which is [usually] eaten together with bread, e.g., dates and grapes. If, however, they delayed the delivery of money or wheat, they are not considered as murderers.7

[Money for] the kupah should be collected only by two people together,8 for no less than two communal trustees should ever be appointed over the financial interests of the community. It is permitted to entrust the money of the kupah to one person, but [the funds] should not be distributed by less than three trustees, because [the allocation] is comparable to a judgment concerning financial matters, since each person is given his needs for that week. [Donations for] the tamchui should be collected by three - because it does not involve a fixed amount9 - and it is distributed by three.

[Donations for] the tamchui are collected every day. [Those for] the kupah are collected from Friday until Friday. [The gifts from] the tamchui are given [also]10 to poor people at large.11 [Those from] the kupah are given only to the poor of that city.

The inhabitants of a city have permission to give [the donations given to] the kupah to the tamchui and [those given for] the tamchui to the kupah. Similarly, they may exchange [these donations] for any communal purpose that they desire even though a stipulation to that effect was not made when they were collected.12 If there is a great sage in that city dependent on whose judgment all collections are made13 and he is the one who allocates the funds to the poor according to his assessment, he is permitted to use [these funds] for any communal purpose he sees fit.

Trustees of a charitable fund are not permitted to depart from each other in the marketplace14 [except for a brief time], e.g., one goes to the gate to collect and the other to a shop.15

If a charity trustee finds money in the marketplace,16 he should not put it into his own pocket,17 but instead into the wallet of the charitable fund. When he comes home, he should take it [for himself].

If a charity trustee is owed money by a colleague and [the latter] pays him in the marketplace, he should not put [this money] in his pocket, but instead into the wallet of the charitable fund.18 When he comes home, he should take it [for himself].

He should not count out the money of the charitable fund in pairs, but rather one coin at a time, lest suspicions be aroused,19 as [implied by Numbers 32:22]: "And you shall be guiltless in the eyes of God and Israel."20

When the trustee of a charitable fund does not have poor people to whom to distribute the money, he may exchange the coins for dinarim.21 Another person, however, [should carry out the transaction], not he himself.22

When the trustee of a tamchui does not have poor people to whom to distribute [the food he collected], he should sell it to others,23 but not to himself.24

We do not enter into a reckoning with the trustee of a charitable fund concerning the charity he collected25 or with the treasures of the Temple regarding funds consecrated to them, as stated [in II Kings 22:7]: "No reckoning shall be made with them for the money entrusted to them because they are acting in good faith."26

When a person has lived in a city for 30 days, we compel him to give charity to the kupah together with the inhabitants of the city.27 If he dwelled there for three months, we compel him to contribute to the tamchui.28 If he dwelled there for six months, we compel him to contribute to the fund used to clothe the poor of the city. If he dwelled there for nine months, we compel him to contribute to the fund used for the burial of the poor of the city and the provision of all their burial needs.29

When a person has enough food for two meals, it is forbidden for him to take from the tamchui.30 When he has enough food for fourteen meals, he should not take from the kupah.31 If he has 200 zuz, even if he does not invest or do business with them - or 50 zuz that he invests32 - he should not take shichachah, peah, or the tithe for the poor. If he has 200 zuz less a dinar, even though 1000 people give him at one time,33 he is permitted to take [the above]. If he has money in hand, but he owes a debt or it is under lien to his wife for her ketubah, he is permitted to take.34

When a poor person is in need, but owns a courtyard and household utensils - even silver and golden utensils - we do not obligate him to sell his house and his personal possessions. Instead, he is permitted to accept [charity] and it is a mitzvah to give him.

When does the above apply? With regard to eating utensils, drinking utensils, clothing, bedding, and the like.35 If, however, he owns a golden comb or pestle or the like, he should sell them and buy less valuable ones.36

When does the above37 apply? Before he has descended to the level where he takes charity from people at large.38 Once he collects charity [from the community], we obligate him to sell his utensils and purchase lesser ones and then accept charity.39

When a man of means is in the midst of a journey from city to city, he used up all his money on the journey, and he does not have anything to eat, it is permitted for him to take leket, shichachah, pe'ah, and the tithe for the poor and he may benefit from charity. When he returns to his home,40 he is not obligated to pay, because he was poor at that time.41 To what can this be compared? To a poor person who became wealthy who is not obligated to pay back [the charity he received while poor].

When a person possesses homes, fields, and vineyards42 which were he to sell them in the winter, he would be forced to sell them cheaply,43 but were he to leave them until the summer, he would be able to sell them at their worth, we do not obligate him to sell them [in the winter]. Instead, we enable him to partake of the tithe of the poor [until he partakes of] half the worth of his property44 [so that] he will not be pressed to sell outside the [appropriate] time to sell.

If people at large were purchasing property at high prices,45 but he could only find people to purchase from him cheaply, because he is pressed for funds and preoccupied,46 we do not require him to sell [at a low price]. Instead, he is allowed to continue to partake of the tithe for the poor47 until he can sell his property at its worth and everyone will know that he is not under pressure to sell.

When funds were collected for a poor person to satisfy his lack and [the collection] exceeded his needs, the additional funds belong to him. Extra funds [donated for] the poor should be given to the poor. Extra funds [donated for the redemption of] captives should be used for that purpose.48 Extra funds [donated for the redemption of] one individual captive should be given to that captive.49 Extra funds [donated for the burial of] the deceased should be used for that purpose.50 Extra funds [donated for the burial of] an individual deceased person should be given to his heirs.51

When a poor person gives a p'rutah to the tamchui or to the kupah, we accept it from him. If he does not give, we do not require him to give.52 If he was given new clothes and he gave them back his worn clothes, we accept them from him. If he does not give them, we do not require him to.

We are obligated to be careful with regard to the mitzvah of charity to a greater extent than all [other] positive commandments,1 because charity is an identifying mark for a righteous person, a descendant of Abraham,2 our patriarch, as [Genesis 18:19] states: "I have known him, because he commands his children... to perform charity." The throne of Israel will not be established, nor will the true faith stand except through charity, as [Isaiah 54:14] states: "You shall be established through righteousness." And Israel will be redeemed solely through charity, as [ibid. 1:27] states: "Zion will be redeemed through judgment and those who return to her through charity."

A person will never become impoverished from giving charity. No harm nor damage will ever be caused because of charity,3 as [ibid. 32:17] states: "And the deed of charity is peace." Everyone who is merciful evokes mercy from others, as [Deuteronomy 13:18] states: "And He shall grant you mercy and shower mercy upon you and multiply you." Whenever a person is cruel and does not show mercy, his lineage is suspect,4 for cruelty is found only among the gentiles, as [Jeremiah] 3:42] states: "They are cruel and will not show mercy."5

The entire Jewish people and all those who attach themselves to them are as brothers, as [Deuteronomy 14:1] states: "You are children unto God your Lord." And if a brother will not show mercy to a brother, who will show mercy to them? To whom do the poor of Israel lift up their eyes? To the gentiles who hate them and pursue them? Behold their eyes are pointed to their brethren alone.

Anyone who turns his eyes away from [giving] charity is described as being "rebellious" like someone who worships false divinities is described as "rebellious, as [Deuteronomy 13:14] states with regard to the worship of false divinities: "Rebellious men went out." And with regard to a person who turns his eyes away from [giving] charity, [ibid. 15:9] states: "Be careful, lest a rebellious thought arise in your heart." Such a person is also called "wicked," as [Proverbs 12:10] states: "The mercies of the wicked are cruel." And he is called a sinner, as [Deuteronomy, loc. cit.,] states: "And he shall cry out against you to God and you will be deemed as sinning." The Holy One, blessed be He, is close to the outcry of the poor, as it is written:6 "You hear the outcry of the poor." Therefore one must be careful with regard to their outcry, for a covenant has been established with them, as [Exodus 22:26] states: "When he will cry out to Me, I will listen, for I am compassionate."

Whenever a person gives charity to a poor person with an unpleasant countenance and with his face buried in the earth, he loses and destroys his merit7 even if he gives him 1000 gold pieces. Instead, he should give him with a pleasant countenance and with happiness, commiserating with him about his troubles, as [Job 30:25] states: "Did I not weep for those who face difficult times; did not my soul feel sorrow for the destitute?" And he should speak to him words of sympathy and comfort, as [ibid. 29:13] states: "I would bring joy to a widow's heart."

If a poor person asks one for a donation and he has nothing to give him, he should conciliate him with words.8 It is forbidden to scold a poor person or to raise one's voice against him while shouting, because his heart is broken and crushed, and [Psalms 51:19] states: "God will not scorn a broken and crushed heart." And [Isaiah 57:15 describes as Divine the attribute of] "reviv[ing] the spirit of the lowly and revitalize[ing] the heart of the crushed." Woe unto he who shames the poor, woe be he! Instead, one should be like a father to him, both in mercies and in words, as [Job 29:16] states: "I am a father to the destitute."

A person who compels others to give charity and motivates them to do so receives a greater reward than the person who actually gives, as [alluded to by Isaiah 32:17]: "And the deed9 of charity is peace." With regard to the collectors of charity and the like can be applied [the words of praise, Daniel 12:3]: "Those who bring merit to the many are like the stars."

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,10 or finding him work so that his hand will be fortified so that he will not have to ask others [for alms].11 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.

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.12 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.13 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.14

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.15 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. 16

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.17

A lower level than that is giving [the poor person] in his hand before he asks.18

A lower level than that is giving him after he asks.

A lower level than this is giving him less than what is appropriate, but with a pleasant countenance.

A lower level than that is giving him with sadness.

Great sages would give a p'rutah to a poor person19 before every prayer service20 and then they would pray,21 as [implied by Psalms 17:15]: "I will see Your countenance in righteousness."22

A person who gives money to his sons and daughters who are past the age of majority23 and whom he is not obligated to support in order to teach the males Torah and to direct the females in a course of upright path so that they will not become objects of derision and similarly one who gives food to his father and his mother24 is included among [those who give] charity.25 Indeed, it is a very important charity, for precedence is established on one's degree of closeness.26

Anyone who gives food and drink to the poor and orphans at his table,27he will call out to God and [God] will answer him and he will derive pleasure from Him, as [Isaiah 58:9] states: "Then you will call out and God will answer."28

Our Sages commanded29 that the poor and orphans should be members of a person's household rather than servants.30 This is preferable for him to employ these people and thus enable the descendants of Abraham, Isaac, and Jacob to benefit from his possessions rather than the descendants of Cham. Whoever increases [the number of] servants in his possession adds sin and transgression to the world every day.31 [Conversely,] if the poor are members of one's household, at every hour he adds merits and mitzvot.

A person should always construct himself and bear hardship rather than appeal to people at large and make himself a burden on the community. Our Sages commanded, saying:32 "Make your Sabbaths as weekdays,33 and do not appeal to people at large." Even a distinguished sage who becomes poor should involve himself in a profession - even a degrading one - rather than appeal to people at large. It is preferable for a person to skin the hide of animal carcasses,34 rather than tell people: "I am a great sage..." or "I am a priest, grant me sustenance." Our Sages commanded conducting oneself in such a manner.35

There were great sages who were woodchoppers,36 porters of beams,37 water-carriers for gardens,38 and iron-smelters and makers of charcoal,39 but they did not ask anything from the community, nor did they accept gifts that were given to them.

Any person who does not need to take [charity] and deceives the people and takes will not reach old age and die until he requires assistance from people at large. He is among those of whom it is said [Jeremiah 17:5]: "Cursed be a person who trusts in mortals."

[Conversely,] anyone who needs to take [charity] and cannot exist unless he takes, e.g., an elderly man, sick, or beset by afflictions, but is proud and does not take is considered as a murderer. He is liable for his soul and all that he has earned through his hardship40 is sin and guilt.41 But anyone who needs to take [charity], but causes himself affliction and temporarily constrains himself and lives a life of difficulty so that he will not overburden the community will not reach old age and die before he provides sustenance for others from his own means. Concerning such a person and those like him, it is stated [ibid.:7]: Blessed be a person who trusts in God."

Blessed be God who grants assistance.