Professional Documents
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1st chapter
An explanation of the topic of A Love of
Kindness.
(Emphatically) How so very much should man continually attach
himself to the character trait of kindness, as the pasuk states
(Micha 6:8) He has told you, man, what is good, and what does
Hashem ask of you, only to do justice and a love of kindness.
Ostensibly, he should have written saying, only to do justice
and kindness, or love justice and kindness. Also, what is the
expression tell you, man, implying the text is coming to reveal
something that man would not have known by himself. Yet the
entire world knows that to do justice is very important - from
perashat Mishpatim, and also to do kindness is very important
from many pesukim that are instructive to the topic, as was
explained above in the Introduction to this sefer.
Rather, the topic is based on what Chazal have said (Gemara
Sanhedrin 7a) That man whose shirt was seized by the Beit Din
(in payment of a debt) should sing (i.e., rejoice). We will explain
the reason for this by way of a parable: In a particular city there
was a band of rebels who were joined by many men. In order to
solidify the bonding within the gang, they all agreed to wear one
style of clothes whose color was different than the color of the
clothes worn by the general population, in order that they would
be able to recognize one another from a distance away. One day
they went to a party (to a bar) and got very drunk. Several of the
men in the group did not want to pay their bill and the owner of
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the bar would not let them leave until they were forced to leave
their clothes behind as a security, and they left his bar angry.
After a short while their conspiracy was made known to the
king, as well as the sign that bonded them, and everyone wearing
those clothes was caught. The matter was investigated and their
rebellion was disclosed, and as a result all of the rebels and all
of their belongings were obliterated except for those who were
not wearning those clothes, they were not recognized and so they
were saved. These men said to one another We thought the
owner of the bar did something bad to us, that we had to leave our
clothes with him, but he did us a great favor, and because of him
we remain alive. Let us go to him and give him our admiration
and thanks, and regarding the future - resolve that from now on
we will not do those evil things that our evil companions did, in
order that we will not be captured as they were.
So too literally in our topic Man must understand to the core
of his soul that for the reason of theft, and in particular when he
wears clothes that are not clean of theft and contain extortion,
that is reason to obliterate the rest of all of the money he earned
legally, as we know this from the words of Chazal (please see
Gemara Ketubot (66b) regarding holding back Tzedakah, and
all the more so here; also see Gemara Sukah (29b) That for
any one of four reasons man will lose his wealth; please see that
reference, and also what is written (Yirmiyah, 2:34) Even on your
hems is found the blood of poor, innocent victims). Therefore,
Chazal have expressed this very well (Gemara Sanhedrin 7a) that
when Beit Din determined that the clothing he was wearing was
thievery in his hands, and they determined that it should be given
back to his fellow Jew, he should sing and be joyful because of
this, in order that Heaven will not catch him, and because of it he
will be left with none of his possessions (meaning, he will lose
everything because of the theft in his possession).
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With this we can now understand the text of the pasuk cited above
(Micha 6:8) He has told you, man, meaning, that when man
toils with all of his might to accumulate money, and he does not
exercise any care to make sure his soul will be clean \ free of all
theft and extortion and cheating, and the like, still, he imagines
to himself that by his efforts at present he is doing great good
for himself, and the accounting of all of his actions will only
take place at the end in the World On High. (In refuting this
mindset) Therefore, the prophet comes to reveal to us and says
They tell you man, what is good, meaning what people think
is not so, that it is a good thing for man to accumulate wealth,
rather, it is a good thing for man to use his wealth to do justice
meaning, each time he gains some profit to think carefully if it
was obtained in a way that conforms to the statutes of the Torah
in order that his wealth will remain with him. That is the intent
of the pasuk only to do justice. And then the prophet adds
to that statement and says and loving kindness, meaning, that
man should not think that in only doing this his money will now
be seen as being clean from any theft and that his wealth will
remain with him, and in so doing it will be good for him. Rather,
he should also see to it to give Tzedakah and do kindness with
his money in proportion to his wealth, because in the absence
of that, in the end G-d forbid, his wealth will go and be lost to
him. Chazal have expressed this in Gemara Ketubot (66b) in the
example of Nakdimon; please see that reference.1
1. [Quoting from the Mazal Elul English translation of Kuntres Sfat Tamim,
produced by the Mazal Elul Congregation, published by the Mazal Press
and distributed by Feldheim Publishers, 5770, page 53]: The Gemara
there relates that while traveling with his students Rabban Yochanan ben
Zakai saw a girl (who was so impoverished that she was) picking out
grains of barley from the dung of animals belonging to the Arabs. He
asked her who she was and she answered that she was the daughter of
Nakdimon ben Gurion, who was one of the wealthiest men in Jerusalem.
He asked her what happened to her fathers money? She replied, this
came and consumed this, meaning that money obtained illegally (because
not enough of it was given to Tzedakah - Rashi) became intermingled with
her father in laws money obtained legally (her Ketubah money) and both
were consumed.
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Come and see the magnitude of this topic, given that the text of
our Tefilah has been arranged for us (by the Sages of the Great
Assembly) with praise to our Creator for this. We say in the
conclusion of our Tefilah (i.e., Amidah \ Shmoneh Esreh) because
in the radiance of Your face, You have given us, Adonai, our
G-d, a living Torah, and a love of Chessed, meaning, from the
time that the light of His Face, Yitbarach, was revealed to us at
Har Sinai, as the Torah states (Devarim 4:35) You (Israel) were
shown this in order to know that it is Adonai who is G-d, as
Chazal have said (please see Rashis commentary on that pasuk)
that Hashem Yitbarach opened up for them all of the Heavens
and the Depths of the Earth, and showed them that He is One
over everything. At that time many fundamental things were
revealed to them, specifically, that the holy Torah is the source
of all life in the Heavens and Earth; it is only in the merit of
the Torah that everything continues to exist, and if not for it all
of physical reality would cease to exist. Chazal have expressed
this in Gemara Shabbat (88a): HaKadosh Baruch Hu made a
stipulation with Creation at its inception If Israel will accept
My Torah - good, and if not- I will return you back to a state of
chaos and void. So too now, if there was no learning of Torah
anywhere in the world for even one moment, immediately all of
Creation would revert back to nothingness and chaos, since the
Torah is still above the source (i.e., it is the source) of life of the
entirety of all of Creation, as this has been expressed in our holy
books (Nefesh HaChayim, 4th shaar, 11th perek) in the name of
the holy Zohar (Beresheet).
It was further made clear to them at that same holy assembly
how much a person needs to run after this character trait of
Chessed and to love this character trait with all of ones soul.
Because at that point they understood deeply with a divine spirit
what the basis is of all of Creation, and they grasped how the
entirety of all physical reality its continued existence and its
sustenance, is solely dependant only on the kindness of Hashem
Yitbarach who fills the entire world. The pasuk expresses
this as (Tehillim 136:25) He gives sustenance (bread) to all
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2nd chapter
An explanation of the reason why the Torah
encourages man to have a love of this topic of
Chessed \ A Love of Kindness
In this chapter we will explain the reason why Hashem Yitbarach
so greatly encourages man in this character trait to the point were
every corner of the Torah is filled with it, as described in the
Introduction to this sefer. Also, He required man to have a love
of this trait, as described in the first perek. We will come to
explain this, with the help of Hashem Yitbarach, in many ways \
from many different perspectives.
It is written in the Torah (Beresheet 1:27) and Elokim created
man in His image; The Commentators (in sefer Divrei David,
authored by the Turei Zahav on the Torah) have explained this to
mean His attributes, namely, that He instilled within mans soul
the ability to emulate His attributes, which is to do only good and
kindness to others. The text expresses this as (Tehilim 145:9)
Hashem is good to all, and it further states (Tehilim 136:25)
He sustains all flesh, for His kindness is eternal. The continued
existence of the universe is entirely dependent on this kindness,
as stated further on. Accordingly, one who follows along this
path will carry within him the image of Elokim, and one who
withholds himself from this character trait of Chessed and
says to himself Why should I do good to others - completely
distances himself from Hashem Yitbarach (please see the
following Hagahah).
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Hagahah
Since were on this subject, we will explain a pasuk that is relevant
to this topic. It is written in Sefer Yechezkel (16:49) This was
the sin of Sedom, your sister; She and her daughters had pride,
plenty of bread and tranquility, but she did not strengthen the
hand of the poor and the needy, meaning that their country was
filled with everything good and there was quiet tranquility for
her and for her children, and they did not need help from any
other country, and yet they wanted to prevent foreigners from any
other city from passing through their province, and they did not
want to support the welfare of the poor and impoverished, and
because they wanted to withhold from themselves this character
trait of Tzedakah \ charity and kindness which is the basis
for the continued existence of the world they and all of their
possessions were obliterated from the world.
As one carefully ponders this he will see that the continued
existence of mankind is entirely dependent on these character
traits of Tzedakah and Chessed, since man will pass through many
stages in his life and each stage requires support and assistance
appropriate to that circumstance. How is that so? Occasionally
he will need his fellow Jew to help with money, for example, to
give him a loan this occurs even if the borrower is wealthy, or
that his friend should find a job for him or some other occupation
by which he can earn a livelihood (this is the mitzvah of and you
shall strengthen himand your brother will live together with
you) and included in this is virtually the majority of all men.
Occasionally he will need his fellow Jew to extend a kindness
to him with his physical efforts, for example, at a time when he
is happy he needs other men to be happy with him (this is the
happiness of a groom and a bride) because when a man is all
by himself he cannot be in a state of happiness. To too when a
man is sad, he needs someone to comfort him and talk to him
heart-to-heart (this is the mitzvah of comforting a mourner, and
other comparable things, to comfort someone in their sorrow)
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Hagahah
This is the language of the Sifri (perashat Haazinu, piskah #
306): My teaching shall drop like rain: Chachamim say
Moshe said to Israel Perhaps you know how much suffering
I endured for the Torah and how hard I worked for it, and how
much effort I put into it. In this same sense it states (Shemot
34:28) I was there with Hashem forty days and forty nights.
I entered among the angels, I went among the Chayot, I went
among the Seraphim, that any one of them could incinerate the
entire world. My soul was given for it; my blood was spent over
it. Just as I endured suffering to learn it, so too should you endure
suffering to learn it.
From this, man can understand just how much he must have a
love of this character trait, and necessarily when he acquires this
love, he should consider it as a found opportunity when Hashem
presents him with an opportunity to do kindness, and he should
do it perfectly and the borrower will not be embarrassed by him
(i.e., he will not feel embarrassed because he had to take a loan,
or because he had to take Tzedakah) and because of that he will
be blessed by Hashem. Moreover, after he has acquired a sense
of love for this character trait, he will encourage others to do
kindness. This concept is expressed by Rabbeinu Yonah in his
Igeret HaTeshuvah (16th notation).
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3rd chapter
Another reason for the Torahs encouragement \
Zerizut of this topic of kindness \ Chessed.
Further, it is appropriate to explain the text brought down in Yalkut
Shimoni (Tehilim, remez #670, in commentary on the pasuk in
Tehilim (17:2) From before You, let my judgment come forth:
Rebbe Levi said HaKadosh Baruch Hu said to David: Did
You needlessly make the Sanhedrin, go and be judged before
them. David said to Him: Master of the universe, You wrote
in Your Torah (Shemot 23:8) Do not take a bribe, and they are
afraid of taking a bribe and judging me. But You, You do take
bribes, as the pasuk states (Mishle 17:23) He (i.e., Hashem) will
take bribery from the lap of the Rasha. What is that bribery?
The Teshuvah that HaKadosh Baruch Hu takes from Reshaim
in this world, and good deeds. HaKadosh Baruch Hu said to
Israel My children, as long as the Gates of Teshuvah are open,
do Teshuvah, that I will take bribes in this world, but when I am
sitting in judgment in Olam Haba I dont take bribes, as the pasuk
states (Mishle 6:35) He will not be appeased by any payment.
Ostensibly, how can Teshuvah and good deeds On High be called
bribery? If it is appropriate not to accept this mans Teshuvah
On High, what is the relevance of bribery? HaKadosh Baruch
Hu is the G-d of truth! Thus the explanation of this topic is as
follows: On High, HaKadosh Baruch Hu guides \ conducts the
world in two pathways: One is with the Attribute of Strict Law
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give us rain that falls to the Earth . Two: The conduct of the world by
miracles that are obviously supernormal, as happened during the time of
our Exodus from Egypt Three: There is yet another level of conduct that
is in between miraculous and natural, namely, at the level of Beracha
\ Bounty. this bounty is sent via the efforts of ones hands, and this
bounty increases greatly out of proportion to the effort put into it, as .
Heaven arranges for him all of the elements he needs for this business to
succeed greatly.
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And during his life if his attitude was never to allow others to
keep anything at all which was really his, and he never extended
mercy to others, with his actions he empowers the Attribute of
Strict Justice On High, and when he will be in need of such
things he will reap the rewards of his own hands, and Hashem
Yitbarach will also deal with him with that same attribute. That
is the meaning of the pasuk in Yeshaya (3:10-11) Say to the
Tzadik it is good, because they will eat the fruits of their actions;
Woe unto the Rasha because the rewards of his actions will be
done to him. This is what Chazal meant when they said that
HaKadosh Barcuh Hu accepts bribes of repentance and good
deeds, as good deeds allude to the topic of Tzedakah and Chessed
which a person does in this world. They cause his repentance to
be accepted On High even if according to the Attribute of Strict
Justice that repentance is not entirely fitting, since by his actions
he arouses for himself during his lifetime the attributes of charity
and mercy On High, and in this manner the Attribute of Justice
itself later deals with him with this same attribute in regard to the
acceptance of his repentance and the number of his mitzvot, as
described above.
Hagahah
It seems to me that that is the intent of the pasuk (Tehilim
85:11) Kindness and truth met together, righteousness and
peace kissed. Now, ostensibly, what is the relevance of
meeting or kissing in regard to character traits? But based
on this \ based on what weve said these concepts mesh very
nicely. The trait of righteousness is in force when HaKadosh
Baruch Hu conducts Himself towards this man in the path of
truth and righteousness, as the pasuk states (Devarim 16:20)
righteousness run after righteousness, as this concept is
written in Sefer HaPardes in Shaar Erchei HaKinuyim (the
Gates of Sacred Names). The trait of peace is in force when
HaKadosh Baruch Hu overlooks matters \ lets the matter pass,
which is the meaning of the name, Shalom. Therefore He
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4th chapter
An explanation that performing this mitzvah will
endow man with an ancillary reward in this world,
while the principal reward will be left for him in
Olam Haba. Also, his merit will advocate for him
to save him from all sufferings.
Come and see the enormity of this trait of kindliness, that it is
one of the things for which man will receive an ancillary reward
in this world while the principle reward is reserved for him in
Olam Haba, as this idea is expressed in the 1st perek of Pehah
(1st Mishnah). Chazal have further said (Yerushalmi Pehah, 1st
perek, 3rd halacha) Kindness will advocate for a man forever, as
the pasuk relates (Tehilim 103:17) and the kindness of Hashem
is eternal for those who fear Him. However, Tzedakah will
endure \ advocate for him for three generations, as the pasuk
states and His righteousness \ Tzedakah will extend to his
childrens children. The reason why extending kindness is called
the kindliness of Hashem \ Chessed Hashem is because by
virtue of our efforts in this regard we arouse On High an advocacy
that Hashem Yitbarach will conduct Himself towards us with His
Chessed, as I wrote above in the 3rd perek.
Moreover, it (Chessed) advocates for man in his time of distress
to save him from sorrows, as related in the 1st perek of Gemara
Avodah Zarah (17b) Our rabbis have taught: When Rebbe
Elazar ben Partah and Rebbe Chaninah ben Tradyon were seized
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angels of strict (unmerciful) law. But that is not the case when
HaKadosh Baruch Hu alone judges, it is with very great mercy.
In this regard the text states (Tehilim 118:9) better to take refuge
under Hashem than to place ones trust in the Nedivim. But
when is it that HaKadosh Baruch Hu Himself is the judge in this
matter? When the man (being judged) himself does Chessed,
and in so doing arouses On High the source of Chessed. In
reciprocating this kindness, HaKadosh Baruch Hu Himself is
the judge of this man. This is the intent of the Midrash cited
above: Come and see the strength of those who are distributors
of Tzedakah and who do acts of kindness, as the text states How
precious is Your Chessed, Elokim, meaning, how precious it
is when mankind arouses Your Chessed. By virtue of this they
merit refuge in the shadow of Your wings and not under the shade
of anyone else.
This concept is also expressed in the text (Tehilim 17:2) From
before You let my judgment come forth, let Your eyes behold
(my) uprightness, meaning, from before You alone and not in
combination with the Heavenly Tribunal, as related in the text
(Melachim 1, 22:19) I saw Hashem sitting on His throne, and
all of the legions of Heaven were standing to His right and left,
meaning, to His right to advocate, and to His left to prosecute,
as Chazal have said this (in the Yerushalmi, at the beginning of
Sanhedrin). Then what practical difference is there between the
two? Thus the pasuk concludes with let Your eyes behold (my)
uprightness, meaning, when HaKadosh Baruch Hu Himself
looks at the deeds \ actions of those who are straight and at those
things that are crooked, He will look for merit perhaps there
was a reason that caused this man to commit this sin (please
see the following Hagahah). But that is not the case when the
Heavenly Beit Din judges this man with absolute certainty he
will not leave his trial acquitted.
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Hagahah
With this we can understand the meaning of the pasuk and to
You, Hashem, is Chessed, because You will repay man according
to his deeds. Many people wonder Why is this Chessed when
HaKadosh Baruch Hu pays man according to his deeds?! Ive
since explained this by way of a parable: A young boy apprenticed
himself to a craftsman for a period of five years, and in return the
craftsman would feed and clothe him and teach him the trade, and
so he gave him twenty five silver rubles, but he made a condition
with the boy that starting in the fifth year when he was competent
in the craft like others, he would pay the boy each week a half
silver ruble. Over the course of years the craftsmans workload
increased and he was forced to job out some of his work to other
craftsmen who would help him. One day in the fifth year, when
the boy was as qualified as the other craftsmen, and he was being
paid one-half ruble each week, as this was the arrangement
between them, the boy saw the craftsman paying the other men
for their work at a rate of four rubles per week. The boy said to
the craftsman You tricked me in this business arrangement. I
am an expert just like all those craftsmen and I can do all of the
work properly, why do I take only a half-ruble and they take four
rubles? The craftsman responded to him You fool! How can
you compare yourself to those other craftsmen? I did not work
hard with them in order for them to become craftsmen; they dont
eat my food and the cost of their clothes is not my responsibility.
Also, they dont use my tools of the trade because they all have
their own tools. But that is not the case with you; I made you into
an expert craftsman, you ate my food and you used my tools to
do your work. It is more than enough that I pay you a half silverruble each week.
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Also, each day when man goes to sleep for the night, he entrusts
his soul for safekeeping into the hands of HaKadosh Baruch Hu
and not into the hand of an angel. The difference is if this man
was guilty of violating some serious law, HaKadosh Baruch Hu
redeems him \ saves him from death and returns his soul back
to him. The pasuk expresses this concept as (Tehilim 31:6)
I have entrusted my soul to Your hand, You have redeemed
me, and Hashem exchanges it instead for something of small
consequence, as Chazal have said (Gemara Pesachim, 118a) A
wealthy man with his lamb (Korban \ sacrificial offering) and a
poor man with (the loss of) his chicken. So too is this brought
down in Tanna DeVei Eliyahu (Rabbah, 2nd perek) Each day
man is sold and each day man is redeemed, as it states: I have
entrusted my soul to You, You have redeemed me (sold is an
expression of handing over, as the pasuk states (Shoftim 4:9)
Hashem will hand over Sisera to the hand of a woman. The
intent is that this soul is handed over to the Forces of Strict Law
because of his actions, and when his soul ascends each night On
High, his deeds \ actions testify against him, but Hashem in His
mercy redeems him). This concept is expressed in the Tefilah
we say each day: We will acknowledge You and will say Your
praisesfor our souls which are entrusted to Youthe One who
is good, that Your mercy is endless, meaning, because if You
handed us over to the authority of an agent there would be many
men, G-d forbid, that would not get up from their beds. But
because Your mercy is never ending, You redeem us.
51
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5th chapter
An explanation of several aspects of the enormous
reward for those who bond to this character trait.
(Emphatically) How so very much must a man attach himself to
this character trait of kindness, since it helps to arouse Hashems
mercy and kindness to Israel, even after the merit of our forefathers
has been used up, as Chazal have said (Yerushalmi, Sanhedrin,
10th perek, 1st halacha): Rebbe Youdan bar Chanan said in the
name of Rebbe Berachya: HaKadosh Baruch Hu said to Israel:
My children, if you see the merit of the fathers and the merit of
the mothers has dwindled, go and attach yourselves to Chessed.
What was the reason for that? (Yeshaya 54:10) Because the
mountains may be moved, and the hills may falter; because
the mountains may be moved is a reference to the merit of the
Fathers, and the hills may falter is a reference to the Mothers.
But from that time on My mercy will not be moved from you
said the One who shows you mercy, Hashem.
The subject matter is as follows: Abraham Aveinu, with all of
his good deeds, that he was exclusively good to the entire world
as evident in perashat VaYerah, and so too other Fathers (i.e.,
Yitzchak Aveinu and Yaakov Aveinu) who followed in that same
way, as the pasuk states (Beresheet 18:19) because I love him
he will instruct his children and their descendants, and they
will guard the path of Hashem (i.e., mitzvot) and will dispense
Tzedakah and judgment, (he Abraham) shined the Chessed
of HaKadosh Baruch Hu over all of Creation. Before the
57
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This mitzvah also helps to redeem the Jewish Nation from the
other nations of the world, as related in Gemara Berachot (8a).
Also, the value of this mitzvah is worth more than the Korbanot, as
brought down in Yalkut Hoshea (Remez #522) in commentary on
the pasuk (Hoshea 6:6) for I desired kindness and not offerings
as follows: Hashem said The kindness you do one to another is
more beloved to me than all of offerings that Shelomo HaMelech
brought before me (Kings I 3:4) One thousand offerings were
brought by Shelomo. Moreover, we find in the Yerushalmi
Pehah (1:1) that charity and Chessed are equal to all of the other
mitzvot in the Torah. It is brought down in the Midrash Ruth
Rabbah (2:14) Rebbe Zeira said This megilah (Megilat Ruth)
has no halacot of (i.e., does not teach) purity or impurity, nor
teachings of foods that are forbidden or permitted; so then why
was it written? It was written to teach us how much merit there
is for those who do kindness. This was said regarding Boaz
who (because of the kindness he extended to Ruth) merited that
David HaMelech would descend from him, and a covenant of
monarchy was created for him forever for all of the generations
that would follow. More than this Rain comes down to the
world in the merit of the kindness people do, as we see in the
Yerushalmi Taanit (3:3). Also, by virtue of the kindness one
does, one merits to be saved from death, even if G-d forbid
he was sentenced by Heaven to die, as brought down in Midrash
Tanchumah, perashat Kedoshim (paragraph #13).
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6th chapter
More on the subject of the enormous reward for
those who bond to this character trait of Chessed.
Come and see more of the great reward for one who does Chessed
to his fellow Jew in any regard, as Heaven credits him for all of
the subsequent events that evolve from it as though he did all that
Chessed himself. This subject includes many topics and we will
be briefly explain some of them in order that man will see the
great importance of kindliness.
(1) Regarding this man (recipient) specifically, if one gave
Tzedakah and did Chessed to a downtrodden person who had
become ill, and as a result his health was restored, Heaven does
not repay him in proportion to the money he gave, rather, Heaven
considers it as though he literally brought this person back to
life. And the proof to this is contained in the words of Chazal
(Midrash Tanchumah, perashat Mishpatim, 15th notation): Rebbe
Tanchumah began to expound as follows (Mishle 19:17) One
who is gracious to the poor has lent to Hashem, and He will repay
him his reward. One who is gracious to the poor has lent to
Hashem; it is as if he lent to Hashem, and He will pay him
his reward. Rebbe Pinchas HaCohen the son of Chamah said
quoting Rebbe Reuven: What is meant by He will repay him his
reward? Would I ever think that if he gave a small coin (lit., a
Perutah) to a poor man, HaKadosh Baruch Hu will pay him back
only a Perutah?! Rather, HaKadosh Baruch Hu said: The life of
this poor man was writhing on the point of leaving his body in
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starvation and you gave him a livelihood and revived his life, by
your life (an oath) I will return to you a life in measure for a life.
Tomorrow your son or your daughter will become sick to the
point of dying, and at that point I will remember the mitzvah you
did with this poor person, and I will save them from death. That
is He will repay him his reward, i.e., a life for a life.
The text also includes within this context something very
important, namely, that it often happens that this man too will be
in need of some favor or Chessed, and Hashem will repay him
according to his own actions. If this mans nature was to have
mercy on people and show them compassion, then this person
will be surrounded with a spirit of grace, and people will extend
good to him. But in an opposite sense, G-d forbid, he will also
be repaid accordingly; that is the meaning of the pasuk One who
is gracious to the poor has lent to Hashem, and He will repay him
his reward.
(2) Regarding all of the good that subsequently results from
these acts of Chessed to others, that merit will also accrue to him,
meaning, it will be accounted for him just as the initial act of
Chessed. For example, someone whose wealth was diminished
and someone else lent him a sum of money, and with that money
he was able to do business and support himself and his household,
and now there was enough water and food for the other workers
who were later employed by him; this example and anything
comparable to it, Heaven accounts the initial lender as though
he gave life to that man and to his entire household, and to all
of the people who subsequently received a benefit from that act
of kindness, since all of this happened as a result of that first act
(i.e., lending him money).
We found this same concept among the words of Chazal (Gemara
Babba Kamma, 119a) Rebbe Yochanan said Whoever steals
value even as little as a Perutah from his fellow Jew is as if he is
taking out his soul, as it states (Mishle 1:19) This is the way of
anyone who steals, he steals the soul of the victim. And if you
were to ask Granted, he stole the victims soul, but he did not
75
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steal the souls of his sons and daughters Then come and listen
(Yirmiyah 5:17) They will consume your harvest and your
bread, they will consume your sons and your daughters. And
if you were to say All of this is if he physically did it himself,
but if he merely did something to cause it, then he would not be
culpable, then come and listen: (Shemuel 21:1) Hashem said
Because of Shaul and his murderous household who killed
out all of the Givonim. But where do we find that Shaul killed
the Givonim? Rather, since Shaul killed the population of Nov
the city of Kohanim, and this population sustained the Givonim
with water and food (since the Givonim were the wood cutters
and water carriers who supplied these necessities to the Kohanim
for the Mizbeyach) the text accounts it as though he literally
killed the Givonim. From this we can see Heavens conduct
of strict law is awesomely great, that they take into account all
of the consequences of mans actions, even an indirect result
that his actions caused even an indirect harm to his fellow Jew,
even if that harm was not literally done as a consequence of an
incidental physical act, rather because of him a fellow Jew was
prevented from providing a third pary with a profit by which he
could do business and support his household, Heaven accounts
it as though he literally killed this man and his entire family, and
this man will be severely punished because of it. It is well known
that the Attribute of Good extends much farther than the Attribute
of Punishment (that the Attribute of Punishment [in response
to an evil action if that evil action is repeated by subsequent
generations] will persist up to three or four generations, but
regarding the Attribute of Good, it states (Shemot 20:6) Who
does kindness for thousands of generations, as Chazal have
said (in Tosefta Sotah 4:1). Therefore, how much even more
so that when someone does good in some way to his fellow
Jew and by virtue of that action a subsequent good will accrue
to his household and to other people, in any way that good
will materialize from that initial act of Chessed, the person who
first initiated that good will also receive reward for each and
every subsequent good that comes as a result of that first act of
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7th chapter
An explanation of the great ruination invoked
on the man who holds himself back from giving
Tzedakah or extending kindness.
In these prior chapters we explained the enormity of the topic of
this holy character trait (of giving Tzedakah and doing Chessed),
now we will explain the topic of the evil of this man who distances
himself and closes his eyes to this. The Gemara Ketubot states
the following (68a): Whoever shuts his eyes to giving Tzedakah
is considered as though he is worshipping an idol god. The text
here states (Devarim 15:9) Guard yourself not to allow a criminal
thought to come into your mind, saying the Sabbatical Year is
approaching and it further states (Devarim 13:14) Criminal
men have emerged from your midst and they have caused the
population of their city to go astray. It is well known that this
pasuk (Devaro, 15:9) is also addressing the subject of restraining
oneself from giving a loan, as stated in Gemara Gittin (36a) and
Gemara Sotah (47b). Man should ponder that if someone else
called him criminal how much anger would he have towards
that person because of this. Even if the comment was made
privately between him and this person, and he would experience
no humiliation that being so, how so very much should a man
be embittered with himself when he himself causes the Torah to
call him by this name. How much shame and humiliation will he
endure in the end, Above, because of this.
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Also, he should be very fearful that this destitute person will cry
out to Hashem because of him, as is written (Devarim 15:9)
and you will give nothing to him, and he will cry out to Hashem
about you (because of you) and you will have caused a sin. It
is possible that because of this his (the person who would not
lend) situation in life will be completely reversed, G-d forbid.
Chazal have expressed this idea in Gemara Temurah (16a) At
the time a poor man goes to an owner and says to him: Support
me (meaning, put me back on my feet either with a gift or with
a loan, so that I can support myself). In a comparable sense, this
is also brought down in Gemara Beitzah (32b); please see that
reference). If he supports him, good and well, and if not then
(Mishle 22:2) The wealthy and the poor meet; all of them are
made by Hashem. (Please see the following Hagahah); the One
who made this one rich, He will make him poor, and the one who
was made poor will be made rich.
Hagahah
This is similarly brought down in Midrash Shemot Rabbah (31)
Praiseworthy is the man who withstands his test, as there is no
man that HaKadosh Baruch Hu does not test. He tests the rich if
their hand is opened to the poor. He tests the poor if he is able to
accept sufferings and does so without getting angry, as the pasuk
states (Yeshaya 58:7) destitute people bring home. If the rich
man stood up to his test and dispensed various Tzedakot, he will
consume his money (i.e., live his lifestyle) in this world while
his principal reward will be reserved for him in Olam Haba,
and HaKadosh Baruch Hu will save him from the judgment of
Gehinnom, as the pasuk states (Tehilim 41:2) Praiseworthy is
the one who contemplates the needs of the poor, on his day of
bad \ evil (i.e., judgment) Hashem will protect him. And if
the poor man stood up to his test and did not complain he will
receive a double portion in the Coming Future, as the pasuk states
(Tehilim 18:28) because You save a destitute people. But a
wealthy man who is miserly, both he and his money will depart
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from this world, as the pasuk relates (Kohelet 5:13) and he will
lose his wealth in some bad way since he has a jaundiced eye (is
uncooperative) with the charity collectors. Why? Because the
world turns; the one who is rich today will not be rich tomorrow,
and the one who is poor today will not be poor tomorrow. This
one He will take down and this one He will raise up. The pasuk
expresses this concept as (Tehilim 75:8) For Elokim is the
judge, this one He will take down and this one He will raise
up. Something similar to this is also brought down in Midrash
Mishle, in the 11th chapter, in commentary on the pasuk (Mishle
11:24) One who holds back from doing what is proper will
suffer a loss: Rebbe Shemuel the son of Nachmani said Rebbe
Yonatan said If you see a man who holds himself back from
doing Chessed, know conclusively that he is losing his wealth, as
the pasuk states (Mishle 11:24) one who holds back from doing
what is proper will suffer a loss.
87
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in Jerusalem. He asked her what happened to her fathers money? She
replied, This came and consumed this, meaning that money obtained
illegally (because not enough of it was given to Tzedakah - Rashi) became
intermingled with her father in laws money obtained legally (her Ketubah
money) and both were consumed.
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to him later on and ask him for his finest silk clothes. So too in
the context of Chessed \ kindness. Because he does not want to
serve Hashem with happiness and to extend kindness to Jews to
the extent of his resources, and in so doing he would fulfill the
Torahs proactive mitzvah of (Shemot 22:24) When you lend
money which we are commanded to do, and that his money
would be returned to him; then a redoubled amount of his money
will irrevocably go to the hand of the gentiles, and there will be
no recourse to recover it from their hand. Even if he does give
some slight Tzedakah or does some Chessed with his money, but
not to the extent that he can afford, it is also very likely that his
money will be completely depleted from him. So overwhelming
is the degree of the curse in the assets of this man who does not
want to give Tzedakah and charity proportional to his means,
that if other peoples money is mingled with his that money will
also be lost because of this. [This idea is also brought down
in Gemara Ketubot (66b) regarding the money belonging to the
daughter of Nakdimon ben Gurion which was lost because of
this; please see that reference].4
By virtue of holding back Tzedakah and Chessed, he is also
compelled to be among those who descend into Hell, G-d forbid,
as brought down in Gemara Beitzah (32b): Rav said The elite
of Bavel (the wealthiest, most prestigious people in Bavels high
society) are among those who descended into Gehinnom, because
they did not want to do charity or kindness, as the Gemara there
relates. Additionally, it is brought down in Vayikrah Rabbah
(34:11) Rebbe Yehudah and Rebbe Simaun in the name of Rebbe
Yehoshua Ben Levi The mitzvah of (helping) a poor man
4. Quoting from the Mazal Elul English translation of the Chafetz Chayims
ZTL Kuntres Sfat Tamim (produced by the Mazal Elul Congregation,
published by the Mazal Press and distributed by Feldheim Publishers, 5770,
page 53): The Gemara there relates that while traveling with his students,
Rabban Yochanan ben Zakai saw a girl (who was so impoverished that
she was) picking out grains of barley from the dung of animals belonging
to the Arabs. He asked her who she was and she answered that she was
the daughter of Nakdimon ben Gurion, who was one of the wealthiest men
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should never be taken lightly, because the ensuing loss is twentyfour curses, but the gain (in attending to the needs of a poor man)
is the reward of twenty-four blessings. What is the source for
twenty-four curses? The pasuk states (Tehilim 109:6) Appoint
an evil man over him, and all of the other things discussed in that
pasuk (mizmor). And why so many? (Tehilim 109:16) Because
he did not remember to do kindness. And what is the source for
the reward of twenty-four blessings? (Yeshaya 58:7, 14) Extend
your bread to (take care of the needs of) the hungryand then
you will delight in Hashem (and all of the other things discussed
in that mizmor).
Also, the withholding of Tzedakah and Chessed causes HaKadosh
Baruch Hu to gather back (i.e., to withhold) His peace from Israel,
as this is brought down in Gemara Babba Batra (10a) The
pasuk explicitly states (Yirmiyah 16:5) Do not go to a house of
mourning (i.e., do not grieve) and do not eulogize or shake your
head for them, for I have gathered back My peace and Chessed \
kindness and Rachamim \ mercy from this nation the word of
Hashem. Chessed this is doing kindness; Rachamim this is
Tzedakah (meaning, They used to do these things but now they
dont do them; this is how Rashi explains the pasuk).
Moreover, it is brought down in Vayikrah Rabbah (34:8) in
commentary on what is written in the pasuk (Devarim 23:5)
because they did not greet you with bread and water: Rebbe
Simaun said in the name of Rebbe Eliezer Did Israel need these
things? Throughout the forty years Israel was in the desert the
Mannah came down for them (i.e., they had plenty of food) and
the well produced water (they had plenty of water) and the Slav
was found among them (meat was available) and the Clouds of
Glory surrounded them (i.e., gave them shade and cooling in
the daytime and heating at night) and the Pillar preceded them
(and cleared a path for them to follow). Rather, it was a matter
of hospitality \ the humane thing to do. Someone who emerges
from a trek through the desert, one greets them with food and
drink (and the men of Moav and Amon would not do this basic,
human gesture). How did HaKadosh Baruch Hu respond too
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them \ pay them back? (Devarim 23:4) The men of Amon and
Moav may never come into the Jewish nation! Now, it is a basic
logical deduction If this is how He repaid people who did not
extend Chessed to those who were not in need of Chessed, and
see what was paid to them in return, then one who does not do
Chessed to someone who is in need of it, how much ever more so
will he be punished!
Come and see more of the enormous degradation of this man,
that Chazal suspect this person of descending from the Mixed
Multitude of people who left Egypt during the Exodus, as
brought down in Gemara Beitzah (32b): Shabbtai, the son of
Rebbe Merenos went to Bavel. He asked them for a Zuz with
which to do business (in a partnership arrangement) and they
did not give it to him. He asked for food, and also they would not
give it to him. He said, These people must be descendants of
the Mixed Multitude, as the pasuk states (Devarim 13:18) and
He will give you mercy and be merciful to you. Whoever has
compassion for humanity is known (with certainty) to descend
from the seed of Abraham Aveinu, and whoever does not have
compassion for people is known as not descending from Abraham
Aveinu. Chazal have said (Gemara Yevamot 79a): This nation is
distinguished by three characteristics: They are modest \ bashful,
they are compassionate \ merciful and they extend kindness to
others, and it is inappropriate to associate with anyone who does
not have these characteristics.
Truthfully, there are many other statements of Chazal, and many
explicit pesukim dealing with this subject, but I wish to be brief
and I will quote only one statement that encompasses all of
this. See how much Chazal spoke extensively on the enormity
of the ruination of the man who holds himself back from doing
kindness, to the point of saying (Kohelet Rabbah 7:4) Whoever
rejects doing kindness is as if he rejects the existence of G-d,
meaning, given that Hashem Yitbarach is the source of all good
and kindness, and entirety of nature that He created is only for the
purpose of giving merit to mankind, so that ultimately He can do
good and kindness with them, and for this purpose He gave the
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8th chapter
An explanation of the reasons why people are
weak in this mitzvah, and a refutation of these
reasons.
In the previous chapters we explained the great reward of one
who grasps this holy trait. Now we will begin to analyze and
ponder the reason why people weaken themselves in this mitzvah;
we will also elaborate on refuting their arguments, perhaps in so
doing this fault will be somewhat corrected. I will say and state
that there are five reasons which cause the neglect of this mitzvah
of doing kindness, and the acronym for them is:
Yehi PetZah Atzel [Yehi It should be; PetZah crippled;
Atzel lazy]
Y = Yirah \ fright;
hi = Hehlem Yediah \ does not want to know;
P = Patur \ no obligation;
Z = Tzar Ayin \ Jaundiced Eye Miserly;
A = Atzel \ Lazy;
meaning, one who is lazy (physically \ intellectually \ emotionally)
is crippled and is defective in all of the organs of his soul by
virtue of his miserly inclination, that not one of his limbs is whole
\ perfect, as we will say above, and we will explain them all one
by one with the help of Hashem Yitbarach.
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There are some who avoid this mitzvah \ who are weak regarding
this mitzvah because of fright, meaning, the recipient of the
loan (the Chessed) is not creditworthy in his opinion and he is
afraid that perhaps he wont pay him back, and this lender does
not want to take a security which would guarantee the loan.
Truthfully, one has to ponder this idea very carefully before
excusing himself from giving out a loan:
(1.) If it is a small sum that he was obliged to give to this person
because of the mitzvah of Tzedakah or because of the mitzvah
of (Vayikrah 25:35) if his hand should weaken you shall
strengthen him, then one must extend a loan to him even if there
is a suspicion that it wont be repaid. What of it if his loan would
not be repaid nevertheless, he is obliged to give him because of
these reasons - and even if these reasons are not relevant here, for
example, that the loan amount exceeded the Tzedakah that he is
obligated to give to this man, and the mitzvah of and you shall
strengthen him is also not relevant in this instance, still, since
the borrower is ready to give him a security which would remove
the risk involved, (please see the following Hagahah) the lender
cannot now excuse himself from lending to him because he is
too lazy to take that security (unless the borrower is a strong \
tough person who could come later on and by force take back his
security [and the lender would have no recourse to recover his
money] but we are not talking about this kind of man).
Hagahah
If he does not take a security from him for whatever reason, and
he cant decide conclusively if this person is reliable, then it
seems to me he should think about the following: If he himself
were to profit specifically from this loan, for example, a man like
this one came to him to borrow money from him for some joint
business venture, if he would lend him (or give him on credit
merchandise with which to transact business), then here too he
would have to lend him because of the chance of earning profit
of a few coins, with absolute certainty he would not put all of his
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(3.) There is yet a third reason that would cause a man to hold
himself back from this mitzvah of extending kindness, and that
is out of a sense of fear the fear that by virtue of doing that
Chessed (extending a loan) he will be publicized throughout the
city as being rich, and he will be pressured to pay for the needs of
the city (taxes-community obligations such as yeshivot, mikvehs,
etc.). That argument is nonsense; merely because of this concern
do you think he can withhold himself from the Torahs mitzvah of
giving Tzedakah?! That argument is no better that the argument
of one who holds himself back from the mitzvah of Tzedakah out
of fear that in the end it will impoverish him, and nevertheless,
it is commonly known from many of our Authorities and
statements of Chazal that in so doing his sin is very great and
his punishment in this world is that in the end his money will
disappear because of that attitude, as related in Gemara Ketubot
(66b). The Derech Eretz Zutah relates the following (in the 4th
perek): If you gave Tzedakah, you will merit money. And if you
merited money, use it to give Tzedakah; while it is still in your
hand use it to acquire this world and you will inherit Olam Haba,
because if you dont use it to give Tzedakah, it (your money) will
suddenly depart from you, as the pasuk states (Mishle 23:5) in
the blink of an eye it is gone. Quoted up until this point.
Rather, he should put his trust in Hashem Yitbarach, that by
fulfilling His Will with his money he will not encounter any
bad \ evil. In fact to the contrary, there will be an increase
in the blessings of his material possessions, as the pasuk relates
(Devarim 15:10) You shall surely give him, and do not let your
heart feel bad when you give him because in return for this
deed Hashem your G-d will bless you in all your actions and
in your every venture. So too is this true regarding Tzedakah
and Chessed; as we wrote above in the preceding chapters.
Therefore, even if in so doing he becomes publicized in the city
as a rich man, and a few extra dollars are assessed against him
every year (i.e., his taxes are increased), he should not pay any
attention to it because with absolute certainty HaKadosh Baruch
Hu will repay back to a person whatever losses he may have
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9th chapter
Refuting the arguments of the Yetzer Hara that
stem from ignorance, or from the mistaken belief
that one is exempt from this mitzvah.
There are men who are weak in the mitzvah of Chessed because
of a lack of knowledge, meaning, the enormity of the imperative
to do Chessed and its great reward is obscured from them. They
believe that Chessed is merely the right thing to do and a nice
character trait (meaning, that it is optional and not mandatory)
and they dont know that Chessed is a proactive mitzvah of the
Torah, like Sukah, Lulav and Tefillin.
My brother, see how much we are lacking in this mitzvah. How
much effort does a Jew expend to build a Sukah or buy an Etrog
or the like, in perfectly implementing any of the mitzvot. G-d
forbid, he is not despondent at all over his invested effort. In fact
to the contrary, he is joyful that Hashem merited him to do that
work in fulfilling the mitzvot of HaKadosh Baruch Hu, and that
he merited to achieve that mitzvah. (Truthfully, that is a correct
attitude. As one thinks carefully that man who is but a small
creation and his allotted lifetime is limited, and in the end he will
be dirt yet he stands in this world and merits to serve Hashem,
the G-d of Heaven, just as the Heavenly legions of ministering
angels). Yet when it comes to this mitzvah of doing Chessed, how
poorly we think of it, that because of the slight effort involved in
doing this mitzvah we push it away, and even if we occasionally
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118
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10th chapter
An explanation of the terrible character trait of
miserliness.
There are men whose reason for withholding Chessed is because
of the character trait they possess of miserliness (meaning, their
eyes are jaundiced and they cannot let themselves see anyone
else being helped with their money). Regarding this, Chazal have
since said in Gemara Sotah (47b) When there were increases in
the number of men who were miserly and who preyed on people,
there was a corresponding increase in cold hearted people who
closed their hands to giving Tzedakah and they violated the
words written in the Torah (Devarim 15:9) Beware not to allow
a criminal thought to come into your mind, saying the Sabbatical
Year is approaching, and this is a very bad personality trait
which will bring a man to the point of withholding Tzedakah and
Chessed, and as a consequence, will also cause him to withhold
himself from extending compassion and mercy, and he will close
his ears to the cries of the impoverished.
On occasion it will bring him to murder, as Chazal have said
(Gemara Sotah 38b) Rebbe Yehoshua ben Levi said An Eglah
Arufah is brought only because of a jaundiced eye (miserliness)
as the pasuk states (Devarim 21:7) and they answer and say our
hands did not shed this blood and our eyes did not see Would
you ever have even thought to say that the sages of the Beit Din
are murderers?! Rather, they are saying that this person did not
come to us (i.e., we were completely unaware of him) and that we
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sent him away without food (meaning, the case addressed by the
Torah was - he (this wayfarer) was starving and he saw someone
carrying food. He came and tried to forcibly snatch it because
he was driven by hunger, and this man resisted him and killed
him Rashi). We see that if a man came asking support from his
fellow Jew to do him a Chessed in some manner and because
of this fellows bad character stinginess he did not help him
and as a result the man dies the Torah calls this fellow a
murderer. Chazal criticized this evil character trait very, very
much and said (Gemara Sotah 38b) Whoever benefits \ gains
from his own miserliness violates a prohibitive mitzvah of the
Torah, as the pasuk relates (Mishle 23:6-7) Dont eat the bread
of the miserly and dont lust for his delicacies, because this will
be bitter to his soul: He will tell you eat and drink, but his heart
will not be with you.
Generally speaking, one who is miserly is factually running away
completely from the character trait of mercy and all of his efforts
are focused on increasing his own wealth to keep for himself, and
he will not lend an article of his to anyone. And all the more so
he will not lend money to anyone unless in some way he himself
will gain from the loan. Occasionally, because of his extreme
miserliness and passion for money, he will be uncaring about the
nature of the gain he will realize as a result of lending money,
even if that gain is forbidden interest. Regarding this kind of
man the text states (Mishle 28:22) One who is very eager for
wealth has an evil eye, he does not know that this will cause
him loss. The Chinuch has since written in his sefer (Mitzvah
#480) that character trait of miserliness is an iron wall separating
him from blessings. He also causes Heavens mercy to depart
from himself, as Chazal have said in Gemara Shabbat (151b) in
commentary on the pasuk (Devarim 13:18) He will give you
mercy and be merciful to you: Whoever has mercy on Creation
\ mankind, Heaven will reciprocate mercy to him, and whoever
does not have compassion for humanity, Heaven will not have
compassion on him.
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On occasion it happens that one who cannot part with money \ one
who is miserly and has a jaundiced eye, apart from the fact that
he cannot bring himself to take pity on a needy man, additionally
he also will influence others to not help this needy man so that he
wont be embarrassed that he is the only one who is not helping
this indigent, and he hates and denigrates anyone who contradicts
him (i.e., anyone who does give Tzedakah). Through this man
the words of Pirkei Avot come true (5:13) He does not give, and
he does not want others to give he is a Rasha.
On occasion this sense of miserliness is so overwhelming to the
point where he cannot bring himself to spend money and benefit
himself. Regarding this type of person, the text of Kohelet states
(5:12) There is an evil sickness and (Kohelet 6:2) A man to
whom G-d has given riches, wealth and honor, he lacks nothing
that the heart could desire, yet G-d did not give him the ability
to enjoy it. Regarding this kind of man, he is dominated by
the spirit of the Other Side, as brought down in the holy Zohar
in perashat Bshalach: Rebbe Abba began his lecture and said:
There is an evil sickness (Rhetorically) But is there an evil
that is sickness and an alternate evil that is not sickness? Thus
it must be that there certainly is an evil that is sickness, as
it has been taught: From the Left Side there can emerge many
indictments that fly in the air, and when they want to emerge they
go and are swallowed up into the Great Hole of the depths, after
which they emerge and join together and fly in the air and soar
through the world and they approach close to man. Each one of
them is called evil, as the text relates (Tehilim 91:10) No evil
should approach us. What is the meaning of they shouldnt
approach, since they do come with indictments against man.
Evil Sickness why is it called an evil sickness? (Answer)
When it settles onto man it makes them tightfisted with their
money \ miserly. When the collectors of Tzedakah come to him,
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this Force blocks him and tells him Dont take out anything at
all from your possessions. Poor people approach him and this
Force blocks his hand. He himself comes to eat from his own
money - his hand is blocked in order to safeguard his money
from others. And from the day this Force settles onto man, he
becomes ill (with the sickness of miserliness) just as one has to
lay down from the oppression of his sickness, and he is not able
to eat or drink; that is why is called an evil sickness.
Shelomo HaMelech in his wisdom protested vigorously against
this and said (Kohelet 6:2) A man to whom G-d has given
wealth and possessions and honor (nothing is missing from his
life in anything that he wants) and Elokim will not allow him
to eat from it because he believes in this Evil Force and grasps
onto it, thus he himself was the cause of it, HaKadosh Baruch Hu
will not allow him to extricate himself from its dominance since
he himself wants it and grabs onto that miserly lifestyle (because
initially when this Evil Force came to him with an indictment
and seduced him to deal with his fellow Jew in an evil way, and
he did not extend good to him; that approach appealed to him,
and he adopted that lifestyle and accepted it, therefore HaKadosh
Baruch Hu will not give him the strength to break that habit)
and his lifestyle is like one who is dying from his sickness and
he does not eat and he does not drink, he does not come near to
his money and he does not spend any of it. He guards it up until
the time he departs from this world - and then someone else will
come along and assume ownership of it.
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136
volume 1
11th chapter
An explanation refuting the argument of being
too lazy, and several other topics relating to the
enthusiasm of the service to Hashem Yitbarach.
There are men whose reason for holding back the mitzvah of
extending kindness is not because they have pity on their own
money (50 rubles or 100 rubles, each one based on his worth)
that it will remain idle and not used for earning profit, rather only
because he is too lazy to trouble himself and make an effort to
lend someone money, and then go back and dun him until he
comes and repays him. Truthfully, as one ponders this attitude,
this is the most common reason among all of the arguments that
hold a man back from his service to Hashem Yitbarach. By
virtue of this attitude man remains bare of Torah and mitzvot
and Teshuvah, because it is the nature of a lazy person to push
off everything to tomorrow or another day. (Please see the first
following Hagahah). Regarding this attitude Shelomo HaMelech
in his wisdom has since said (Mishle 24:30-31) I wandered by
the field belonging to a lazy man and the vineyard belonging to
an inattentive person and they were completely overgrown by
weeds and the ground was covered with thistles and thorns, and
the stone wall surrounding it had toppled over. (Please see the
second following Hagahah).
1st Hagahah
It is my opinion that this is the intent of the Midrash Rabbah
(Beresheet 21:6). The words and now are a specific reference
to Teshuvah, as the pasuk relates (Devarim 10:12) and now,
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Israel, what does Hashem your G-d ask of you, only that you fear
Hashem your G-d. Ostensibly, how is Teshuvah alluded to in
the words and now? The expression to fear Hashem one may
say that it alludes to Teshuvah, but not from the words and
now?! [In response] We may say that the intent is as we have
written, that the main power of the Yetzer Hara is in tricking man,
saying Today you dont have time to learn or toil in mitzvot or
to ponder carefully how to fulfill the Torah. Tomorrow or the day
after you can do all that since that is when you will be free from
all of your concerns. And so too this is repeated the next day it
pushes him off to the next day, and then too again the day after
that, and this is repeated every day of his life using this same
reason. This is what is written in Mishle (3:28) Do not say to
your friend - Go away for now and come back later, and tomorrow
I will give it to you - when it is already by you. Your friend
alludes to your Yetzer HaTov, mans closest lifetime companion
who constantly advises him for his own good, forever, but the
Yetzer Hara continually pushes him off to do it tomorrow. This is
also alluded to in the Torah in perashat Tavoh, where it is written
(Devarim 26:16) On this day Hashem your G-d commands you
to perform these decrees and statutes, and you will observe and
perform them with all of your hearts and with all of your souls.
So too have Chazal said (Gemara Shabbat 153a) Do Teshuvah \
Return today, for perhaps tomorrow you will die.
I heard one great sage as having said that man must assess to the
core of his soul three things: (1) That he has only one more day
left to live; also, (2) he has only one chapter of Mishnayot or
one page of Gemara, the one he is busy with now; also, (3) he is
the one Jew that HaKadosh Baruch Hu has commanded to fulfill
the Torah, and the continued existence of the world is dependent
solely on him. By keeping these things in mind thinking that
he has only one more day left to live, he will do everything in his
power to do Teshuvah and good deeds, and not leave anything for
tomorrow. Also, in thinking that he has only a little bit more
to learn, necessarily he will not be lazy in contrast to the Yetzer
Hara who distances the thought from his heart and tells him: How
139
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much longer (i.e., how many more Mishnayot) will you have to
toil \ struggle over a long period of time in order to complete
this Order of Mishnayot or this Masechet Gemara, and by doing
this it weakens his resolve. Also, in thinking to himself that the
continued existence of the world is dependent on him, he will be
especially careful in contrast to the Yetzer Hara that tricks him
into a mistake, and says to him With absolute certainty one
can find other other men who fulfill the Torah appropriately and
the world will be preserved because of them! (In refuting this
mindset) Truthfully, Chazal have since said (Gemara Sanhedrin
37a) Man is obliged to say The universe was created only for
me. Also, on occasion to say The world is half innocent and
half guilty, and if I add merely one more sin, in so doing I will
tilt the entire world to the side of guilty. In my opinion all of
this is alluded to in the holy Torah in the perasha of the Kriyat
Shemah (Devarim 6:5) and you will love Hashem your G-d with
all of your heart and all of your soul. What should one do to
achieve that? [Answer] (Devarim 6:6) and these things should
be, meaning, that little bit that he is learning now; that I
am commanding you, meaning, to think in his heart that there is
nothing else in the entire world except HaKadosh Baruch Hu and
himself; today meaning, he has only this one day; on your
heart, meaning, these three things should always be on his heart.
Now, with all of this we will explain with the help of Hashem
the Midrash referenced above. The intent of the pasuk (Devarim
10:12) and now, Israel, is a warning to man not to follow after
the mistakes of the Yetzer Hara that pushes him away from
his learning and pondering the fulfillment of the Torah until
sometime tomorrow. In response to this the text comes and says
(Devarim 10:12) and now, Israel, what does Hashem your G-d
ask of you; and now specifically, meaning, to continually
think about what Hashem wants from him now. Truthfully,
this is a very awesome concept that is relevant to man throughout
his entire life. For example, when he gets up early in the morning
and thinks to himself What should I do? Should I go to the
Beit Midrash and pray, or go to work? Relevant to this is what
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the pasuk stated: and now, Israel, what does Hashem your G-d
ask of you with absolute certainty He asks of you to go and
pray and not first get involved with business, as Chazal have
said (Gemara Berachot 14a). And after he finishes praying he
thinks to himself, what to do now; to learn or to go to his house.
With absolute certainty, as a first choice the mitzvah is to learn
immediately after Tefilah, as codified in Orach Chayim, section
#155 (1st paragraph) unless he is a man who is physically weak
and needs to go home and eat in order to regain his strength.
And after he learns and considers what to do next, with absolute
certainty now Hashem Yitbarach asks from him that he should
go and eat, in fulfillment of the mitzvah (Devarim 4:15) and
you should guard your souls (your life) exceedingly well. And
after he eats it is a mitzvah to go and involve himself a little
in earning a livelihood, as Chazal have said there (in Gemara
Berachot 32b). And after he worked, and he asks what more to
do now, most certainly Hashem Yitbarach asks of him to return
to his learning since he now has free time. The rule to follow is
this topic of now is relevant to every man at every moment
of his life, each man according to his unique circumstances. That
is what is written in the text (Devarim 10: 12-13) asks of you,
meaning, it is for this reason that Hashem Yitbarach asks of him,
now to go and learn Torah; it is for this reason that He asks man
to go and extend kindness to Mr. So-and-So since this mitzvah
has presented itself to him now and cannot be performed by
anyone else except him (now) (please reference Gemara Moed
Katan 9a). So too in many other circumstances. And when he
does go in this way, he will serve to Hashem Yitbarach all the
days of his life in the framework of Torah. This is the intent of
the pasuk (Mishle 6:22) as you walk it will accompany you.
This will arouse man to overcome his Yetzer Hara and return
back to Hashem (i.e., to do Teshuvah); and this is the intent of the
referenced Midrash.
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2nd Hagahah
The explanation of this pasuk in Mishle (30:31) is as follows:
The main purpose of a field is to plow it and seed it so that it will
yield produce. A wall is built around it to keep out domesticated
animals and the wild animals of the forest that would otherwise
ravage everything in it. But when he is too lazy to plow and seed
it, the field itself will sprout thorns and weeds, and ultimately
the wall itself will also be breached, and even if he later wants to
pull out the thorns and weeds and seed the field appropriately, it
will not do any good until the wall is rebuilt. So too must man
be enthusiastic for Torah, to study it daily with all of his strength,
and at the same time to urge himself on to constantly do Teshuvah
and acts of kindness with all of his might, and in so doing his
Nefesh will bring forth all of his capabilities, both in the realm of
increasing more and more the power of its sanctity and wisdom,
and (also in the realm of) surrounding it (his soul) with all good
character traits. All this is because Hashem Yitbarach implanted
within the holy Neshamah which He place inside a person the
ability to grow, just as a seed planted in the earth has the ability
to grow much more than it was initially. However, just as there
the power of rain and dew must first take effect on the seeds and
only then whatever was planted could sprout and mature, so too
the Nefesh must first be infused with the light of the wisdom
of Torah and its sanctity and proportional to the extent of the
effort, so too will evolve its wisdom and sanctity. That is the
underlying meaning of the pasuk (Devarim 32:2) My teachings
will drop like rain, My words will flow like the dew. Thus
on the basis of Teshuvah and good deeds that one continually
does, he will create discipline in his personality to do only those
things which are good. But if this man is too lazy to make this
effort he will be just like the unattended field, and not only will
nothing grow, but as time goes on it will become overgrown with
weeds and thorns. So too is the soul of a man without Torah.
Apart from not enhancing \ increasing his sanctity, he will be
overwhelmed with thorns that will stifle the power of his sanctity
and wisdom which were implanted within him at the time of his
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6. If you are lax in helping others in their time of need, you will become too
weak to help yourself.
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12th chapter
An explanation that man should run after this
mitzvah every day.
And now following the previous chapters where we explained
the enormity of this topic of extending kindness to others, which
helps a person to have his life extended, and also causes his sins
to be atoned, and stands to rescue him from all bad mishaps, and
in do doing he takes refuge exclusively in the shadow of Hashem
Yitbarach, and not in the shadow of the wings of Keruvim, and
he reaps the benefit of this mitzvah in this world (lit., he eats
the fruit of that mitzvah) while the principal reward is reserved
for him in Olam Haba, and he merits to have children who are
masters of wealth, masters of wisdom also, by virtue of this
he merits to be exonerated in his judgment, all this and many
other profoundly good things, as mentioned above. Therefore
(emphatically) how much must man bond to this holy character
trait, to love it with a passionate love, as related in the pasuk
(Micha 6:8) and what does Hashem ask of you, only that you do
justice and love kindness, because this mitzvah advocates for a
man throughout all subsequent generations, as mentioned above
in the 4th perek.
A man must be extra careful not to be delinquent in this mitzvah
even only one day in his life just as a Jew must be careful in
establishing set times each day to learn Torah. I found this same
concept expressed in Sefer Shaar HaKedushah written by our
master, the sage Rabbi Chayim Vitale, where he writes that man
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must lament every day and say Woe unto me, that I let the day go
by without any Torah and without doing any kindness to others.
The relevance is that the power of holiness becomes perfected \
becomes whole on the basis of three foundations; Torah, service
to Hashem and extending kindness to others. But because of our
many sins, now as this third foundation of Service is missing from
among us since the time of the destruction of the Beit HaMikdash
and all we have left are two foundations, then we have to apply
ourselves to the utmost in their implementation, and in so doing
our sins will be forgiven, as the pasuk states (Mishle 16:6)
With Chessed and truth sins will be atoned. Chazal have said
(Gemara Berachot 5a) Chessed is kindness (extending acts
of kindness to others) as the pasuk states (Mishle 21:21) Run to
do Tzedakah and Chessed; truth is Torah, as it states (Mishle
23:23) acquire truth and do not sell it) as Rebbe Yochanan
ben Zakai responded back to Rebbe Yehoshuah ben Chananiah
(Avot DeRebbe Natan 4:5) when they were standing next to
the Temple Mount, as he lamented Woe unto us that this place
which atoned our sins has been destroyed. He answered him
and said My son, dont be afraid, we still have an equivalent
means for atonement; and what is that means Kindness, as it
states (Hoshea 6:6) because it is kindliness that I want, and not
sacrifices. Therefore, since acts of kindness atone for sins just
as the Korbanot, man is obligated to continually bond to that trait
because sins are made continually. Kindness must be continually
dispensed just as the Mizbeyach was continually used and was
not left idle of Korbanot even for one day.
Everything we are saying that today we have no Beit Mikdash
or sacrificial offerings, and because of our many sins violations
of halacha are routinly committed, man has an even greater
obligation to adopt this holy character trait in order that his sins
will be atoned. However, truthfully, even at a time when the
Beit HaMikdash was existent, man had the same obligation
throughout every day of his life to continually bond to these holy
character traits of doing good to others and extending kindliness
to them. The text of the Torah is filled with references to this
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the Nefesh \ soul of man with great goodness to the point of satiation, and it
shines. The Chafetz Chayim ZTL expressed this same idea in his Sefer
Shemirat HaLashon (Volume 1, Shaar HaTevunah, 14th chapter page
343 in the Mazal Elul translated edition) All of us have been sent from
the World Above to this world, each of us to remedy (to carry out our lifes
mission) and perfect our souls and make them shine in accodance with the
wisdom that HaKadosh Baruch Hu endowed us when He created us.
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9. Rabbi Yehudah Davis ZTL, as quoted by his son in law, Rabbi Shlomo
Diamond, Shlitah, identifies ones Yetzer Hara as (an aspect of) his human
nature.
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13th chapter
An explanation of how great is this subject of
setting aside a portion of ones money to do acts
of kindness.
Now, after having explained the truthfulness of these concepts
that we explained in the preceding chapter the enormity of this
attribute \ character trait of Chessed and its imperative at all times
as the opportunity presents itself, and we have also demonstrated
to everyone the rebuttal to the argument of the Yetzer Hara who
wants to prevent us from doing this mitzvah, how correct and
appropriate it is for a man who was blessed by Hashem in his
business to set aside a portion of his money (100 silver rubles,
or 200 silver rubles if he is wealthy every man based on what
he can afford) into a permanent fund in his house to be used for
Chessed (egs., giving out loans). This strategy will yield great
benefits from many different aspects: One it is well known
that the Yetzer Hara comes to a man with many complaints
and excuses, in order to pevent him from this mitzvah, as we
explained in the prior chapters, and it is very hard for a man
to continually overcome his human nature.9 And even if he
himself wanted to do Chessed to others, his family will not let
him, and they will cast doubt on everyone who approaches him
to borrow money. But that would not be the case if he had set
aside money specifically to be used for this purpose, in order to
continually fulfill the mitzvah of extending kindness. In so doing
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)10. will suffer a loss - if the loan is not assigned to the Beit Din (Pruzbol
or if no collateral was given to the lender to hold as a security for the
repayment of the loan.
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Also, by virtue of having money set aside for this purpose it will
be possible for this mitzvah to be continually carried out by the
members of his family, even at a time when he is occupied with
his business while traveling on the road or while he is asleep.
Also, others will learn from his example and they will do the
same thing, and in so doing he will be favored before Hashem
since he brought them to do this. This is the reason for the
statement in Avot (4:12): Rebbe Shimon says There are three
crowns: the crown of Torah, the crown of priesthood (the service
of the Beit HaMikdash) and the crown of monarchy, but the
crown of a good name is superior to them all, since by virtue of
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The poor among you, meaning, the money allocated for the
basic needs of the poor man is left in the custody of this man for
his benefit; therefore he may not withhold it from him.
Even if it should happen that by continually performing this
mitzvah (of doing Chessed, i.e., of lending money) he will
occasionally suffer a loss of several silver rubles, that should
not cause him to become sad, since everyone knows that there
is no business venture in the entire world - a store or some other
venture, either big or small that will not experience a loss
whenever credit is extended, since the number of ventures that
are completely assured of no losses will routinely make only very
little profit and still the entire world deals in business day and
night. It is not necessary to look at every detail of every business
transaction; instead one must look at the broad picture of that
enterprise and see if it is a good business. So too in our topic.
One need not agonize over the details of a particular loan, since
generally speaking this11 is a good venture. It is appropriate \
good for a person to resolve to do this holy mitzvah every year
and set aside four or five silver rubles for this purpose and a
man who is wealthy should set aside even more money for this
mitzvah in proportion to his wealth. And then even if it should
happen that on occasion he will experience a loss in doing this
mitzvah, he should not become saddened by that, since he has
already conceded that possibility as an acceptable risk, just as he
will not be saddened by spending money to buy the mitzvah of
Tefillin. (Please see the following Hagahah).
Hagahah
Also, everyone knows that because of our sins nowadays
Heaven does not grant wealth to a man for a long period of time;
only for a period of a few years (and on occasion, G-d forbid,
only for a period of a few months). The Wheel of the Worlds
11. Meaning, doing Chessed \ extending loans.
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land that Hashem your G-d is giving you to occupy. But this
will only be true if you obey the word of Hashem your G-d.
The expression However has no place in the flow of the pasuk
based on its simple meaning, and what relevance does it have to
the preceding pasuk? Rashi explains that this word However
is referring to the pasuk that follows it, specifically, When will
there be no poor among you because G-d blessed you in the land
only if you listen and obey.
In my humble opinion it seems to me to explain this at its
straightforward meaning by way of an example: Reuven agreed
to marry off his child to the daughter of Shimon. Reuven
promised to give his son a thousand gold pieces and so too did
Shimon promise the same amount to his daughter. They set the
date of the wedding on Rosh Chodesh Nissan, and one month
prior to the wedding in Adar they would deposit the money with
someone for safekeeping. Several days later before that time
Reuven met Shimon in the street and said to him I heard
about you that the thousand gold pieces you were to deposit for
safekeeping was invested in some business venture; do you want
to break the wedding agreement? Shimon responded and said
G-d forbid, there will be no reason from my side to cancel
the wedding and your fears are without any basis. Come with
me to my house and I will show you that the money is tied up
in sacks inside a chest, and they are ready to be handed over on
Rosh Chodesh Adar just as we agreed. My dear in-law, the most
important thing I ask of you is that there should be no basis for
cancelling the wedding from your side, because it has been made
known to me that with certainty that you want to invest all of
your money on some business venture; but from my side there
will be no reason to cancel the wedding.
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So too here. The Torah begins this topic in the prior pesukim
(Devarim 14:22-23) You shall tithe the entire crop of your
plantingand you shall eat before Hashem your G-d the tithe of
your grain Please see Rashi, that the pasuk is addressing two
tithes: the First Tithe and the Second Tithe. Then begins the
perasha (Devarim 26:12) When you are done tithing every tithe
of your produce which is addressing the Tithe for the poor
which is given in the third year of the Sabbatical cycle instead
of the Second tithe as Rashi explains there. Thus each year
one must set aside one fifth of his fields produce, and it is well
known that based on the way the world conducts itself that this
fifth is the bulk of the profit, while the remaining four fifths
are used to pay for the planting \ seeding and feeding workers,
as is evident from the text of the Torah in perashat Vayigash
(Beresheet 47:24) and you shall give a fifth (of your produce)
to Pharaoh; please see that reference. Following that (later on
in the Torah) the perasha begins with (Devarim 15:1) at the end
of (the cycle of) seven years you shall make a Shemitah, the
result being that one-seventh of the lands produce is taken out
of production apart from the two tithes. That being so, nearly a
third of the lands output is diminished. And now if one were
to say G-d forbid that in fulfilling the mitzvot of the Torah
it is impossible to do any business involving agriculture, and
that one can only do business by lending money with interest,
and subsequent to that the Torah explains the law regarding the
relinquishing of a monetary debt and states (Devarim 15:2-3)
This is the law of Shemitah ; every creditor will relinquish the
debt owed to him by his fellow Jewbut if you have a claim
against your brother you must relinquish it. And if you were to
say, G-d forbid, that in fulfilling the mitzvot of the Torah a man
must remain impoverished since he has lost a third of his land,
and if he invests in other ventures the Shemitah will negate them,
the Torah therefore concludes immediately, stating (Devarim
15:4) G-d will then bless you in the Landand there will not
be any more poor among you, meaning be careful that you
yourself should not be the reason why you became impoverished,
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him all of the elements he needs for his business, so that things will fall into
place in a way that is not literally normal, and because of this his business
succeeds greatly. Even if his business is focused on one specialty item
which is needed by only a few people, nevertheless, all of these people will
happen to approach him at the appropriate time to make his businesss
flourish and this man will become successful and wealthy. Thus we find
that by virtue of three things Beracha will appear in a mans house: By
Torah observance, as the pasuk states (Devarim 11:27) and the Beracha,
if you will listen; and on the character trait of ones trust; and by giving
back to Hashem a tenth of ones wealth. One who strengthens himself in
these three things with absolute certainty he is praiseworthy and it will
be good for him in this world and in the World to Come.
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because there are many things that man does which can cause
him to become impoverished, as we said above. But from Me
(i.e., from Hashem) you will not become impoverished because
most assuredly Hashem will bless you in all of your endeavors
meaning, I will give you blessings \ bounty13 and will pay
you back everything. But that is only if you will listen to the
Voice (Devarim 15:5) meaning; My blessing you is specifically
contingent on your fulfillment of the Torah.
And in a comparable sense, the Torah explained for us in perashat
Bhar (Vayikrah 25:20-21) and said and if you were to ask
What will we eat in the seventh year since there is no planting
and no harvesting of crops I will command My blessing onto
you (I will make the crops of the sixth year so bountiful that they
will last you for three years) in the sixth year and you will have
grain for three years. And so too in all aspects of life, man must
know that by virtue of fulfilling the mitzvot he will never suffer
G-d forbid anything bad. And if in his opinion he believes
that he suffered a loss in a certain place because he did fulfill
the Torah, know that with certainty some good will come to
him from some other place. We can infer this from the words
13. Regarding this topic, please see the Mazal Elul English Translation of the
Chafetz Chayims Sefer Shem Olam \ Kuntres Nefutzot Yisrael, produced by
the Mazal Elul Congregation, printed by the Mazal Press and distributed
by Feldheim Publishers, 5771: Chafetz Chayim Kuntres Nefutzot Yisrael
8th chapter
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Moreover there is yet something else you must understand; that there are
three methods by which HaKadosh Baruch Hu manages His world..
Three: There is yet another level of conduct that is balanced in between
miraculous and natural, namely, at the level of Beracha \ Bounty. A
miracle is something that is completely ouside of the ordinary (lit., new),
but this level of conduct is not entirely miraculous, rather, this bounty is
sent via the efforts of ones hands and this bounty increases greatly out of
proportion to the effort put into it (as Chazal have said [Gemara Babba
Metziah 42a] as one counts out a tithe, one must say May it be Your
Will to send great bounty to this pile of wheat) or Heaven arranges for
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14th chapter
A continuation of the subject begun in the
preceding chapter.
Now we will return to the subject of extending kindness to others,
as mentioned above. Now, I know we have not completely
crossed over this hurdle since the Yetzer Hara still comes with
other various stratagems and says: Why should I be the most
pious and righteous person over everyone else? Now So and So
are much richer than I am and they are not concerned at all about
this subject of running to do Tzedakah and Chessed. Rather,
everyone is accumulating wealth to bequeath to their children.
I will be just like them and only on occasion will I also extend
kindness to people. Addressing this argument I will say to you
If two men came over to you and offered you an opportunity
to buy a nice courtyard, and they promised you that as time went
on the property would increase substantially in value very much,
and these men are known throughout the world as honest men
and very expert in matters of big real estate ventures, and you
yourself know that based on what they are saying you will not
lose any money (lit., not a stone will fall to the ground). In the
meantime, another man came along who is the biggest real estate
developer in the entire world, and he praised the property very,
very much You would hurry very fast with great impetus to
acquire that property even though you would now have to spend
many thousands of silver rubles, and you would not think for
even one moment that this business deal is more appropriate
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only for the wealthiest of people since they are the ones who
are successful in these kinds of deals, and not me since I am
merely a small person. Rather, just the opposite, you would be
happy and pleased that Hashem Yitbarach presented you with
this opportunity by which you would become elevated in society
and acquire an important reputation comparable to the most
prestigious people in the country.
So too my brother in this matter. This venture which is the
business of running to do Chessed with all of your might was
already impressed upon us by the two greatest men in the world,
men who are world renowned as trustworthy and very expert in
all aspects of wisdom and these two men are Abraham Aveinu
AH and Shelomo HaMelech AH - and they praised to us very,
very much this venture of running to give Tzedakah and doing
Chessed. They revealed to us that in so doing we would be
elevated to the highest level of success. The first man in this
regard was Abraham Aveinu AH who strengthened himself in
this character trait with all of his might to do good to mankind
both in matters of spirituality, as he taught people to know
Hashem, and in matters of hospitality eating and drinking and
he invited them to his house with great respect and service (lit.,
subordination) to them. He also planted trees for them for shade
(Hebrew ESHEL \ are an acronym Aleph - Eating \
, Shin - Drinking \ , Lamed escorting \) .
All this comes from the trait of doing Chessed and goodness.
Abraham also commanded his children in subsequent generations
to also follow in this path in life, and they would be very successful
because of this, since in so doing all of the blessings that Hashem
blessed him with would be realized by his descendants. So
too Shelomo HaMelech AH said to us that whoever runs to
do Tzedakah and Chessed will himself find life, Tzedakah and
honor \ respect (Mishle 21:21) (and if he doesnt do this mitzvah
routinely, but only does it occasionally, he cannot receive these
blessings because to do so only occasionally is not what the
pasuk is referring to when it says to run after Tzedakah). More
than this, HaKadosh Baruch Hu, who is the supreme All-Seeing,
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follow after him. That too is a false argument. Do you think that
just because he loves his children he must be cruel to himself?!
He has an obligation as well to take pity on himself! Stop and
think! If they sentenced someone who rebelled against the king
to a punishment of intense and bitter suffering, that they would
stand him on a bed of burning charcoals or they would punish
him with a monetary fine, would there be any doubt in a persons
mind that it would be better to suffer the tortures of earth and
not give up his money because he was being merciful to his
children?! He would give every single thing that he possessed
for the sake of saving his life. Even if the punishment was to give
up everything he had, and obviously if the punishment was to
give only half or a third of his wealth, with absolute certainty he
would be joyful to do that in order to save himself form terrible
sufferings. He would not give any thought at all that in giving up
all of his money to save himself there would be nothing left for
his children. And if someone were to advise him to do just the
opposite, he would think that man was a fool and an idiot.
And you, mortal man, understand clearly what lies before you!
It is well known the punishment of Gehinnom is extraordinarily
severe and bitter, and that everyone who passes into it cries tears
like a cascading river, as Chazal have said (Gemara Eruvin 19a);
so too the other judgments that are decreed against a person after
his death which are also exceedingly harsh. And yet a man during
his lifetime has the option to redeem his soul and protect himself
from all this, and that option is to use his mind to constantly think
of ways to be good to the poor, with Tzedakah and Chessed. The
text expresses this as (Tehilim 41:2) Praiseworthy is the one
who contemplates the needs of the poor, on his day of bad \ evil
(i.e., judgment) Hashem will protect him, and evil specifically
means Gehinnom, as the pasuk states (Mishle 16:4) also the
Rasha on the day of retribution. How is it possible that a man
will not take pity on himself to save himself from Gehinnom
and from other comparably severe punishments?! Tanna DeVei
Eliyahu (Rabbah, 27th perek) explains the pasuk (Yeshaya 58:7)
Dont hide yourself from the needs of your relatives as meaning
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when your soul is leaving since you are dying, and yet you can
still acquire your world in one moment, and very great reward
will be given to you by virtue of your money Still, you cannot
give it up, even though someone alien to you will consume it,
and against your will your money will be given to someone who
did not toil for it, and you will take absolutely nothing in your
hand. Is there anything more bizzare and incomprehensible than
this in the entire world?! And if you were to say to yourself
that you did give Tzedakah during your life forget about that
argument! Because the value of what you did would not even fill
a thimble, and with absolute certainty that would not be sufficient
to walk the length of the vast road that lies ahead of you. Chazal
have already described in Gemara Ketubot (67b) the holiness
of Mar Ukvah AH, that after doing many great acts of charity
during his life, he said at the moment of his passing on: I have
to journey along a very long road, and the provisions that are
prepared are meager. He distributed his money and gave away
half of all of his wealth to charity. And what Chazal have said
(Gemara Ketubot 67b) One who gives away his money should
not give away more than one-fifth of it, the Gemara there says
- That statement applies only during his life, but after (i.e., at
the time of) his death it can be completely given away. This
Chacham Mar Ukvah AH - did not have the same mindset of
these ignoramuses and fools who take no pity on the life of their
souls, and they leave everything they have to their inheritors. A
man is closest to his own soul and who will have mercy on his
meager soul except for himself. Now, Mar Ukvah, who was one
of the great Cedars of Lebanon, a mighty pillar of Torah said and
did this, what should we say we, who are as fragile as moss
clinging to a wall.
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And if Hashem blessed him with great wealth and he has no time
to personally involve himself in acts of Chessed on a regular
basis (because if he does have time the mitzvah is much greater
when he is personally involved than if he appointed an agent
to do this, as brought down in Gemara Kedushin 41a) then he
should conduct himself in this regard as he conducts himself in
matters of his business and appoint people under his management
who will carry out his orders since he cant involve himself in
everything so too this is what he should do here. The rule to
follow is that this venture which will last him for all eternity
why should it be any less important than any of his other limited
ventures that are insignificant and will eventually expire?! And
if he cant afford to hire someone to do this, he should search for
a trustworthy person in his city who is G-d fearing, who wants to
work in this mitzvah, and give him control of this money to be
used for this mitzvah.
This entire subject is not specifically limited to someone who
is rich; rather every man should do this. Even someone who is
not rich (please see the following Hagahah) should save himself
slowly over the course of time and set aside some money from
whatever profits he earns, as we will explain further on with
Hashems help. He should use this money to establish a small,
regular free-loan fund (a Gmach) in his house with a fund of ten
silver rubles or twenty silver rubles; every man based on what
he can afford. Even if he lends money to poor people from his
small Gmach, one or two gold coins for a week, or the like,
in so doing he is also fulfilling the Torahs mitzvah of (Shemot
22:24) When you lend money to My people and it makes no
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15th chapter
In this chapter we will explain that doing Chessed
atones sins just as a Korban on the Mizbeyach. We
will explain several important topics that relate to
lending money with a Heter Iskah (a loan that
has a business investment aspect attached to it).
Now even though we have counseled - with the help of Hashem
good advice in order to strengthen this attribute of kindness in
the world, still, in order that the reader should not think this is all
strange, that I am urging this on each and every person, whether
he is rich or he is not rich that he should see to it to establish a
free-loan service in his home. Regarding this I will answer you
back, my dear brother, and say If the Beit HaMikdash existed
in our times and the Mizbeyach was functioning, every single
person would be enthusiastic to make it a point of being in Eretz
Yisrael at least occasionally, or at the very least once in his life,
and offer up a sacrifice - a Guilt Offering or a Burnt Offering
on the Mizbeyach, each person based what he needed in order
to affect an atonement for his soul. This journey to and from
Eretz Yisrael would obviously cost him a lot of money and yet
it would not be strange at all to him or to anyone else that he
would spend all of this money. In fact to the contrary, he would
be happy at the fact that he merited to offer up a Korban for of
his sins before The King, Hashem. Truthfully this is something
every man should see to do throughout his life, to fix the wrong
done by his sins, and he should not be bent crooked before
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profit or loss was generated. The parties agree that in lieu of an oath he
can pay an agreed percent of the investment half of the money and thus
)buy out his obligation to swear an oath. (DH
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wicked Jew. There was not a single abomination in the world that I did not
do. Rebbe Zemiraah asked him- What is your name? The man answeredI dont know, those who are punished in Gehinnom cannot remember their
names. He asked him- What is the name of the town that you came from?
The man answered- I came from the Upper Galilee and I was a butcher and
because of the despicable things I did there, they judge me three times each
morning and three times each evening. Rebbe Zemiraah asked him- Did
you leave any sons behind? And the man answered- Yes. Rebbe Zemiraah
got up and traveled to the Upper Galilee. There he heard the voice of a
child reciting Mishle (2:4) if you would desire me as you would desire
silver and if you would search for me as you would search for hidden
treasure, then you would understand the fear of G-d. Rebbe Zemiraah
then went to another Beit Midrash and heard the voice of another small
child saying (Tzephania 2:3) seek justice, seek humility, perhaps you will
be hidden on the day of Hashems anger. He began inquiring about the
background of that evil man and asked a young child about him. The
child answered him- Rebbe! Such-and-such terrible things are going to
happen to that man because there was not one single bad thing or sin in
the world that he did not do. These terrible things will happen to him and
to the woman who nursed him. Rebbe Zemiraah asked this child- Did
he leave a son behind in this world? The child answered- Yes, he left
one son who is as evil and wicked as his father was and he hangs out in
the slaughter houses. Rebbe Zemiraah searched for this son, found him
and took him (out of that environment) and taught him Torah to the point
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Malachi (1:6) A son honors his father, even though the father
has passed away the son is obligated to honor him even more, as
stated in the pasuk (Shemot 20:12) Honor your father. If this
son lives a lifestyle that is evil and destructive, with absolute
certainty he is humiliating his father. But if the son lives his life
in the path that is faithful to Torah and is good, and his deeds are
pleasant, then in so doing with absolute certainty he is honoring
his father in the presence of people in this world, and is honoring
him in Olam Haba in the presence of HaKadosh Baruch Hu, and
HaKadosh Baruch Hu will take pity on this father and draw him
to the Throne of Glory. The holy Zohar is quoted up until here.
If a son has the ability to accomplish all of this great honor for
his father and to bring him into Gan Eden, it is a simple, logical
conclusion that the sons efforts are able to cause his father not to
be judged in Gehinnom, and not endure any sufferings. And that
which is written in Sefer Chasidim (section #605), that prayers
and charity \ Tzedakah have no affect when they are done for the
sake of a person who was evil in his lifetime, is addressing a
stranger who is not his son; but a persons son who is an extension
of his father, with absolute certainty it can help (his father). The
Shlah is quoted up until this point.
Man should imagine to himself that if he himself was, G-d
forbid, thrown into fire or some other extreme suffering, how so
very great would be his desire and longing that his sons would
where this son knew Tanach and knew how to pray and say Kriyat Shemah.
He continued this boys education and taught him Mishnah and Gemara,
laws and aggadatah and the son became learned and very wise. That son
became Rebbe Nachum HaPakuli. Now why did they call him HaPakuli?
As the pasuk says (Yeshayah 28:7) pulled out a criminal, that he was
able to pull his father out of the judgment (punishment) of Olam Haba.
Many sages of that generation descended from him and are called Pakuli.
That man (the butcher) came back to Rebbe Zemiraah in a dream and
said to him- Rebbe, just as you gave me solace and a sense of tranquility,
so too should HaKadosh Baruch Hu bless you with tranquility. Because
from the day my son came to know his first sentence of Torah, they removed
me from judgment and when my son began to recite Kriyat Shemah they
excused me from being judged day and night. Once, when my sons rabbi
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remains in place. The Yeshuot Yaakov explains this as meaning I
have forgiven them but only temporarily, so that the gentiles will not say
But I will also do as you first said that Reshaim will be annihilated.
)(MC
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That is fine for Tzadikim, but why should that also apply to
Reshaim? He responded back By your life (an oath) you will
need this. During the period of the spies Moshe began to pray
(lit., request) (Bamidbar 14:17-18) And now, O G-d, is the time
for You to exercise even more restraint. You once said G-d
has longsuffering patience (meaning, He remains patient even
towards Reshaim). It is written (Bamidbar 14:20) Hashem
said I have forgiven them just as you said, meaning I have
forgiven them, but the extent of that forgiveness is limited to what
you said.16 From this Chazal have said (Tanna DeVei Eliyahu)
Whoever understands (lit., recognizes) the words of Torah and
nevertheless violates them, this person is an absolute Rasha.
His words are quoted up until this point. Now, regarding the
topic of the esur of taking interest, even young children who read
Chumash know and understand that taking interest is an explicit
esur of the Torah, and how could this person with utter contempt
be so brazen as to repudiate the words of Hashem Yitbarach, and
be called absolutely evil for all of eternity?!
Now regarding this topic, apart from his violating many
prohibitive mitzvot, this person demonstrates that he has no
trust in the Providence of Hashem Yitbarach, and he believes
that anything (any wealth) a man grabs, either in a way that is
permissible or in a way that is not permissible will remain
with him always. Because if he believed that Hashem Yitbarach
controls every aspect of the world, and that He sustains all of
His creations as the pasuk states (Devarim 8:18) for Hashem
is the One who gives strength to make wealth, and it also says
(Tehilim 136:25) He gives sustenance (lit., bread) to all flesh,
and if not for His Will man could not become enriched then
he would not involve himself in this venture at all. Man must
believe that it is not impossible (lit., astounding) that Hashem
can find a way to enrich someone in any occupation but he may
not engage in this occupation (i.e., lending with interest). In fact,
16. What is the meaning of just as you said? HaKadosh Baruch Hu said to
Moshe - Even though I have forgiven them, still, the decree against them
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17. The European censor forced the addition of these words: Also, one may
not write a Heter Iskah unless it conforms to secular law.
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holy associations, that it is even more beautiful than the simple mitzvah of
extending kindness by one individual, for several reasons: (1) the mitzvah
of many people participating together in a mitzvah is greater than the
efforts of only a few people organizing to do that same mitzvah, as Chazal
have taught us (Sifra, Bchukautai 2:4). Even though many people are
participating in this free loan society and your contribution to the charity
fund is not enough to cover this mans entire loan, still its obvious that
HaKadosh Baruch Hu considers each of these participants as though you
alone extended that kindness since if not for the small amount you gave to
the loan fund, a poor man could not have obtained any loan at all.
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16th chapter
In this chapter we explain the obligation to
maintain an established Gmach in every city.18
Even though in the prior chapters we elaborated on the enormity
of the obligation to observe this mitzvah of doing Chessed (i.e.,
of extending loans), that everyone should see to it to establish
a permanent Gmach in his home, whether it is substantial or
minimal, nevertheless it is well known that even for this (mitzvah)
not everyone can afford it, and also there are men who dont have
the time to involve themselves in this great mitzvah. Therefore,
a very practical advice for each of those men who dont have
the individual ability to establish a fixed Gmach is at the very
least to join together and form a free loan society (please see
the following Hagahah) and lend money to people in their time
of need. And truthfully this is the custom of Jews throughout
all of the places where they have been disbursed that there is a
free loan society in virtually every single city where Jews have
settled.
18. Quoting from the Mazal Elul English translation of the Chafetz Chayims
ZTL Sefer Shemirat HaLashon, volume 1, 7th perek of the Epilogue
page 577 (produced by the Mazal Elul Congregation, published by the
Mazal Press and distributed by Feldheim Publishers, 5766). Therefore,
because of the enormity of this mitzvah, Jews throughout all of history,
wherever they lived, established associations and networks that would
extend kindness and lend money (without interest) to those people who
were in need of a loan. Truthfully how wonderful is the power of these
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Hagahah
Now, to write here the protocol and bylaws that govern the
workings of this free loan society, regarding just how much
money to lend out and what should be the time period of the
loan is unnecessary as this is dependent on the circumstances
of that Gmach, how much money there is in the free loan fund
and the creditworthiness of those petitioners who are knocking
on the doors of the Gmach. However, I have seen this in many
localities, that the society will lend only on a surety (collateral)
even if the borrower is very creditworthy, in order not to make
any distinctions between borrowers (i.e., exceptions in the rules
by which the societys money is lent out). And truthfully it is
appropriate to do so and to write this down in the bylaws of the
society, because if this is not done, then G-d forbid, as time goes
by the society will erode and fall apart completely. Even though
a single individual who sets aside money to be used continually
for the mitzvah of doing Chessed (i.e., lending money) can
change the rules of lending depending on the circumstances,
nevertheless, when a group is lending money there must be in
place a fixed protocol governing the issuance of loans (please see
further on in the 21st chapter regarding the support of an indigent
and in that case the rules do change). The most important thing
to do is for the society to appoint men who will be attentive to
running the organization and who will make sure there is always
money available to lend to those in need. Understand clearly
that in the operation of these Gmachs, since it is customary
that the borrower gives a security at the time of the loan there
is no mitzvah incumbent on the society to return that security
back to the borrower each night and also the Lav of (Devarim
24:6) Do not take (as a security) an upper millstone or a lower
millstone is not applicable, since this refers to those utensils that
are essential to prepare food. Also, the Lav of Dont take as a
security the garment of a widow, is similarly not applicable (to a
Gmach) since this is the express wish of the borrower at the time
he took the loan. But if it happened that the borrower brought to
him (to the Gmach) a security not at the time of the loan, there
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are many laws governing this situation that everyone who owns
a Gmach must know; please see the Shulchan Aruch Choshen
Mishpat, section # 97, and please see above the laws of extending
a loan in the 8th chapter where we explained them with the help
of Hashem Yitbarach.
Now to elaborate here on the enormity of the mitzvah that is
incumbent on the residents of a city to see to it that there is a
functioning free loan society in their locale is repetitive, given
that it is now well known after we have explained this in the
Introduction and in several of the previous chapters the profound
sin that is committed by the one who closes his hand and does
not lend out money, and the great reward earned by the person
who fulfills this mitzvah. Consequently with absolute certainty
whoever has a brain in his head must not rest or keep quiet
until he sees to it that there is - at the very least a functioning
Gmach in the city, that will lend money to those who are in
need. In so doing he will remove both from himself and from all
of the citizens of the city the profound sin of not lending to those
who are in need, since on occasion it can happen that a poor man
will take his security to several men and each of these men will
give him an excuse why they cannot lend him, and the poor man
returns back to his home depressed and crying and complaining
before Hashem over his bad luck \ over the poverty of his life.
The statement of the text is well known (Devarim 15:9) Beware
not to allow a criminal thought to come into your mind, saying
the Sabbatical Year is approaching, the year in which there is no
planting, and you will look with contempt at your fellow Jew
who is impoverished and you will give nothing to him and he
will cry out to Hashem about you (because of you) and you will
have caused a sin. The guilt is hanging over everyones neck
(meaning, the blame is on everyone), because things like this are
constantly happening, and they must fix this (problem) in order
not to come to this point.
I will now proceed to demonstrate before everyone how
wonderful is the power of this holy (joint effort) society, and that
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they buy wood (fuel) for the Beit Midrash and how great is their
reward for so doing since that act is also within the realm of
supporting Torah. Furthermore, one who organizes the formation
of another (external) minyan is not doing the right thing at all,
since in so doing he is diminishing the number of men who will
come into the Beit Midrash. And if later on the wood or lights
for the Beit Midrash are depleted, then the blame will be put on
to him, G-d forbid; therefore one who wants to guard his Nefesh
will stay far away from this.
[3] Moreover, this mitzvah can continue to be fulfilled even at a
time when he is occupied with his business or while he is asleep.
Apart from all of this, the text of Midrash Kohelet is well known
(Midrash Kohelet Rabbah, 5:8) that if a person greatly desires to
do mitzvot, but is not in possession of a mitzvah that will remain
with him for generations what pleasure does he have?! But one
who does participate in a communal mitzvah, for example this
mitzvah that weve spoken about, or someone who leaves money
to support yeshivot that teach Torah, even if he is sitting in Gan
Eden they (Heaven) will continually increase pleasure and light
onto his soul by virtue of the fulfillment of the mitzvot that are
constantly being done, because he donated his money specifically
for this purpose.
Everyone who participates in this matter, meaning, those who
are trustees and so too those who go out and collect money
that was pledged by others to this fund their reward is very,
very great, as all of these men are collectively included in the
category of (Mishle 21:21) one who runs to give Tzedakah and
do Chessed will find life and Tzedakah and honor, since the
trustees are included in the category of charity administrators.
The Midrash Tanchumah relates the following (Midrash Rabbah
Vayikrah, 25th perasha, 1st paragraph) If someone sinned and is
now liable for execution by Heaven, what should he do in order
to live? If he was accustomed to learning one perek, he should
now learn two perakim; if one page, then he should now learn
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habit that when many Jews are approached to give Tzedakah and
do Chessed for any reason, they will not pledge anything at all,
but they will say (privately) that they will give but without
committing themselves to an amount. From the Tosefta we see
that this behavior (lit., the words they would not \ did not say) is
not appropriate, because the act of simply verbalizing a pledge
is also a mitzvah, and by not committing to a pledge amount
other people will do the same thing, and we find G-d forbid
that the mitzvah will be neutralized. And for those people who
think \ who are afraid that a pledge is a vow, let them specifically
verbalize that their pledge is being made without any intent of a
vow.
The text there in Gemara Babba Batra (9a) further relates Rava
said to the residents of the city of Mechuza Go and mutually
obligate and cajole your friends to give Tzedakah so that there
will be tranquility \ peace between you and the government,
because if you dont give Tzedakah to the poor, HaKadosh
Baruch Hu will impose the government on you, meaning by
virtue of that cajoling \ pressuring of one on the other for the
purpose of a mitzvah, in that merit they will be relieved of
the imposition of other pressures, because Hashem will give
them tranquility \ peace with the government, as the text states
(Yeshaya 32:17) and the outcome of Tzedakah is peace. This
concept is expressed in that referenced Gemara in the context of
Rabban Yochanan ben Zakai who pressured his nephews to give
Tzedakah, and the last remaining amount which they did not give
to Tzedakah was forcibly taken from them by the government, as
related in the 13th perek.
And even if the man who is urging others to give has to work
hard at this, he should not slack off, because the reward is
proportional to the effort. And even if there are men who belittle
him because of this, he should pay no attention to this at all,
and he should know that by virtue of this his reward will be
even greater since he endured humiliation \ abuse for the sake
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17th chapter
The enormity of this topic of Tzedakah.
Up until now we have explained the enormity of the topic of the
character trait of Chessed. Now we will explain an aspect of the
topic of Tzedakah. Chazal have said in Gemara Sukah (49b) Our
rabbis taught Doing Chessed is greater than giving Tzedakah
in three ways: Tzedakah is done with ones money, whereas
Chessed is done with ones money or with ones physical efforts.
(He does Chessed with his money: He lends out his money or he
lends out his utensils or animals; He does Chessed either with his
physical efforts or with his money: For example, he eulogizes
the deceased, he carries the coffin, he buries the body, he makes
a groom and bride happy at their wedding, he escorts his guest
from his house onto his way Rashi). Tzedakah is for the poor,
doing Chessed is both for the poor and the rich. Tzedakah is
for the living, doing Chessed is both for the living and for those
who have passed on. Nevertheless, man must understand (lit.,
know) that in several regards Tzedakah is superior to Chessed.
Tzedakah is disbursed permanently, whereas Chessed (i.e.,
extending a loan) is given for only a set period of time, after
which the loan must be repaid. Apart from this, giving away
Tzedakah requires a person to overcome his human nature more
than doing Chessed, since the donor is diminishing his wealth,
which is not the case when one does Chessed and ones reward
is proportional to the effort. Regarding the statement of Chazal
in Gemara Shabbat (63a) Lending money to a poor man is
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Hagahah
A new mode of behavior has recently manifested itself, that
people are stopping the poor from coming to household doors
(to solicit Tzedakah) and these people are not at all concerned
to support them so that they will not starve. Their answer is that
their intentions are only for the good, since because there are so
many poor people doing this there is a danger to the less affluent
households of the city who themselves are tenuous meaning,
heads of the citys households who are falling (who themselves
are not able to adequately support themselves) and they dont
have the resources to help these poor men. Therefore, these
people completely stop poor people from coming to their homes,
and in so doing they limit the other homeowners (by arguing that
they are doing this only) for the sake of those heads of households
of the city who themselves are tenuous, as described above.
Truthfully this is a great mistake, that merely because there are
some men whose livelihoods are tenuous that is not a license to
completely stop all Tzedakah to the poor of the city! Given this
situation one need not give a big donation to the poor who are
knocking on doors, but one should give them at least something
minimal, since everyone is obligated to give them, as stated in
the Gemara (Babba Batra 9a) and in Yoreh DeAh, section #250
(paragraph #3), but G-d forbid not to completely close the door
on them and cut off their sustenance (please study carefully
the Gemara Babba Batra, 7b, where the Gemara rules that it is
forbidden to build a gate-house leading to a common courtyard
since in so doing the voice of poor people crying out in the streets
wont be heard). Even to the poor of other towns it would be
forbidden to do so. (Please study carefully the commentary of
the Mordechi in the first perek of Gemara Babba Batra (paragraph
#491) that even in regard to the poor of other places, the Lav of
Do not withhold applies in a case where giving them Tzedakah
is obligatory) and all the more so in instituting this rule they are
also withholding charity from the poor of this (i.e., the local) city,
to widows and to orphans. Who empowered them to do this?!!
In the (Torah) laws of Gleanings, Overlooked, and the Field
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that set amount that is given to the poor (as defined by the rule)
is not enough to support even half of their survival needs, and
the only good this rule will do is benefit only certain (wealthy)
individuals.19
Now consider the damage \ ruination that is the outcome of this
rule:
(1) The Mishnah in Avot relates in the 3rd perek (15th Mishnah)
Everything follows from the majority of ones actions. This
is the language of the Rambam there in his commentary on
Mishnayot: A mans spiritual standing is not earned based on
the importance of his actions, but is based on the number of his
actions. A greater spiritual height is earned by the repetition
of his good deeds many times over, and with this repetition his
spiritual height will be firmly established. This is unlike doing
one important action among his good deeds, because in so doing
he will not achieve a strong acquisition of this spiritual height. By
way of an analogy Someone who gives a thousand gold pieces
to a single deserving person, and to another man he gives nothing
this one great deed will not earn for him a solid reputation as a
philanthropist as it would have if he gave a thousand gold pieces
individually a thousand times, and each individual gold piece
was given as Tzedakah, and because he repeated this action of
giving Tzedakah a thousand times he earned for himself a solid
acquisition of the character trait of generosity while the soul of
the other man was aoused only once to do a good deed, and then
he stopped! So too in matters of Torah. One cannot compare the
reward of one who spent a hundred Dinars to redeem someone
who was locked up, or someone who gave a hundred Dinars
Tzedakah to a poor man which is enough to satisfy his needs,
to someone who redeemed ten jailed men or who subsidized the
needs of ten poor men, each man with ten Dinars. The Rambam
19. Regarding this, please refer back to the ending paragraphs of the
immediately prior chapter text beginning with the words: The text there
in Gemara Babba Batra (9a) further relates Rava said to the residents of
the city of Mechuza.
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is quoted up until this point. What evolves from his words is that
the extent of the greatness of a mans spiritual standing is earned
by virtue of the number of repetitions of his deeds and not by the
importance of what he did. Now to return to our subject This
rule - that everyone must contribute only one time a (small)
sum each week and not more than that sum (emphatically) How
many thousands of good deeds each one of which is a proactive
mitzvah from the Torah are lost from the city every single
day because of this rule?! Because prior to the rule each
household in giving a few coins to the poor each individual
coin distributed was a good deed. Now, when one calculates
these actions over the course of a full year, they will find that
because of this rule many tens of thousands of good deeds are
missing, deeds which had the collective power to tilt the Jewish
nation to the side of merit. If one would only think about this
that would be enough to stop this problem (i.e., to stop the rule
from being implemented).
(2) Also, the actual amount of Tzedakah distributed in the city
would be very substantially decreased, because when a poor
man goes out collecting by himself sometimes the homeowner
will give him Tzedakah as is his obligation, sometimes out of a
sense of compassion he will give him more than the minimum
obligatory amount of Tzedakah, sometimes he will give him
food, sometimes he will give him money, sometimes he will give
him old clothes, sometimes the home owner himself will give it
to him, sometimes his wife or family member will give it to him.
But if the rule is implemented and the homeowner gives only
the amount specified by the rule, the amount will only total to
a third or a quarter of that (of what he would have donated to the
poor who knocked on his door) and the homeowner derives no
benefit from this rule since it is commonly known that a man does
not become poor by giving Tzedakah. This concept is expressed
in Midrash Mishle 11th perek: Rebbe Abahu said If you see a
man distributing his money to charity, you should know (clearly)
that he is increasing his wealth, as stated in the pasuk (Mishle
11:24) Some distribute and gain even more; please see that
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(5) Stopping the support of the poor (lit., nailing the door shut
in the face of the poor) See what is written in Avot DeRebbe
Natan, 7th perek, 1st paragraph: Rebbe Yosef ben Yochanan, a
man of Yerushalayim says to teach that a mans house should
be open wide to the South, and North, and East, and West, in
order that the poor will not be troubled to circle around the entire
house (before reaching the front door). One who arrives from
the North will enter right away; one who arrives from the South
will enter immediately, and so on from all directions. It was for
this reason that Eyov had four doors leading into his house. Now
even though we dont have the ability to do this, since it is a lofty
concept which is not within our ability, but G-d forbid to shut
the door closed and not allow the poor to come in is a profound
sin. It is brought down in Masechet Derech Eretz Zutah, in the
9th perek: Be careful with the doors of your house that they are
not locked at the time when you are sitting to eat and drink, since
the doors of your house can bring you to poverty. The Gemara
Taanit (20b) relates: Rav Hunah when he sat down to eat his
meal would open the gates to his house and say: Whoever needs
to, should come in and eat.
See yet even more of what Chazal said in Gemara Sanhedrin
(103b) Rebbe Yochanan said quoting Rebbe Yossi ben Kismah
How great it is to give food to guests, that two families are
forever barred from becoming Jewish (Ammon and Moav) that
because they did not greet Israel with bread (food) and water, it is
written (in the Torah) that they will not come into the assembly.
(i.e., they will never be allowed to convert to Judaism) as it states
(Devarim 23:5) Because of the incident that they did not greet
you with bread and water (after having traveled 40 years in
the desert). The Midrash Vayikrah Rabba states (perashat Bhar
34:8) Do you think Israel needed them? Throughout those
forty years that Israel traveled in the desert they had the Manna
which fell from Heaven for them, and the Well of Water, and the
quail, were all found there, and the Clouds of Glory surrounded
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20. Israel was in no need whatsoever of food or drink or any of lifes comforts,
as these were all miraculously provided to them by G-d while the Clouds
of Glory preceded them.
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the good position in life that He gave him, because he does not
see \ he is totally insensitive to people who are embittered and
destitute.
(7) The statement of Chazal is well known (Gemara Baba Batra,
9b) One who speaks kindly (lit., one who appeases) a poor man
with words is blessed with eleven blessings, as it states and by
this behavior (i.e., by implementing the rule) he demonstrates
that he has no compassion for the poor (lit., he does not see the
poor with his eyes), meaning, he cannot even greet them with
kind words which would then allow him to receive these extra
blessings.
(8) In the composite of all this, one sin will provoke yet another
sin that by virtue of the rule one will inevitably commit the
esur and becoming an informer and will cause the poor to be
handed over to strangers who will hit them and degrade them.
(Emphatically) Who can assess the enormity of this sin, and the
damage that is inherent in this rule?! The text itself testifies
to us and states (Devarim 15:9) Beware not to allow a criminal
thought to come into your mind, saying the Sabbatical Year is
approaching, the year in which there is no planting, and you will
look with contempt at your fellow Jew who is impoverished
and you will give nothing to him and he will cry out to Hashem
about you (because of you) and you will have caused a sin; and
how much even more so against this person (informer) who was
the direct cause of this poor man being hit and degraded. It is
well known from our holy Torah what happened to those four
fertile \ bountiful lands (Sedom, Amorah, etc.) who behaved in
this good [the word is being used sarcastically] way towards
the poor, and what happened to them (that these cities and all
of their inhabitants were utterly annihilated) G-d should save
us from their punishment. Also, often, among these poor are
widows and orphans; one must exercise extreme caution from
their cries, as explained in the Torah (Shemot 22:22). This is
the language used by the Rambam in Hilchot DeAut (6th perek,
10th halacha) Man must be careful with widows and orphans
how to behave towards them to only speak softly to them and
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to treat them only with the utmost respect. One may not pain
their bodies with work, and not oppress their hearts with harsh
words, and be careful with their money more than with ones own
money. Whoever has a confrontation with them, or angers them,
or aggrevates them, or lords himself over them, or loses their
money (assets) violates a Lav of the Torah, and all the more so
one who hits them or curses them. Even though one is not lashed
for violating the Lav, still, its punishment is explicit in the Torah
(Shemot 22:23) My anger will be aroused and I will kill you
with the sword, and your wives will be widows and your children
orphans, a binding covenant and oath spoken by The One Who
Spoke and the Universe Came Into Being, that whenever they
cry out because of extortion (deprivation) they will be answered,
as the pasuk states (Shemot 22:22) because if they cry up to
Me; please see that reference. Also, Rabbeinu Yonah
addressed this subject and wrote in Shaare Teshuvah (3rd shaar,
section #24) Whoever torments and (or) aggrieves a widow and
orphan, either by stealing or extortion, or by embarrassment, or
any kind of torment is liable to death at the hands of Heaven.
Please see Sefer Chinuch in mitzvah # 65 where he writes this
concept explicitly, that even in ordinary conversation if one
aggrieves them, he also violates this Lav. It is incredible to me
how those men who are involved and support this new rule are
not frightened and fearful to the core of their souls of everything
written explicitly in the Torah regarding the torment of widows
and orphans, that the warning of the Torah applies even if the
widow and orphans are wealthy as explained by the Rambam
(in the 6th perek of Hilchot DeAut, in the 10th halacha) and all
the more so here where they are poor and despondent and
they endure hardship and shame and disgrace in their lifetime
(emphatically) How great is the punishment of the one who
imposes one more sorrow on top of their sorrows, and diminishes
their livelihood, and runs them out of the city.
Man should constantly ponder and be in dread and frightened
of the cries of the poor and the destitute, as the pasuk states
(Mishle 21:13) One who shuts closed his ear from the cries of
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the indigent; he also will cry out and will not be answered. He
should understand clearly that they have an outstanding advocate
who stands at their right side, Who is unequalled throughout the
entire universe, and He is Hashem Yitbarach Himself, as it is
written (Tehilim 109:31) Since He stands at the right side of
the impoverished to rescue them from those who would judge
his soul. Who could touch the men who are close friends of a
mortal king to do bad to them and remain unharmed \ and be
acquitted, and all the more so those who are close to The King
of all kings, HaKadosh Baruch Hu, these are the downtrodden
and the poverty-stricken who are broken hearted, as it is written
(Tehilim 34:19) Adonai is close to the broken hearted.
The Midrash Vayikrah Rabbah states (Bhar, 34th perasha, 9th
paragraph) Rebbe Abene said: This poor man is standing at the
threshold of your door, and HaKadosh Baruch Hu is standing
at his right side, as it is written (Tehilim 109:31) He stands at
the right side of the impoverished; if you gave him Tzedakah,
know that He who is standing at his right side will give you your
reward (lit., your pay). And if you did not give him know that
He who is standing at his right side will collect back from you,
as it is written (109:31) to rescue them from those who would
judge his soul.
Ive elaborated on all of this in order to remove this stumbling
block from the Jewish people and I know of the great sages
who are the leaders of the Jewish people that they have protested
loudly against the rule, (preventing the poor from knocking on
doors asking for charity) {The following sentence was added by
the European censor: Unless they see to it to take care of the
poor by building housing for them and giving them welfare as
this is the wish of the government}. The fundamental idea is
for man to thoroughly internalize that by this mitzvah of giving
Tzedakah he will not lose any of his wealth, as this concept is
related in Midrash Shemot Rabbah (Tehtzaveh 36:3). Often
the thought will come to mind to do a mitzvah and the Yetzer
Hara within him says Why should you involve yourself in
this mitzvah and cause yourself to lose money, before you give
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in the home. With a sense of happiness Marvin said to me People live
longer because they are here. Marvins memory should be a zechut for
his family, for our community and for the entire Jewish people, as his place
in Olam Haba is exceedingly great.
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behaves with him in that very same way. Man gives Tzedakah
in this world (please see the following Hagahah) and in so doing
his intent is to preserve the life of a poor man so that he wont
die, so to HaKadosh Baruch Hu intends that everyone who gives
Tzedakah will not die. And where is the source that teaches that
anyone who has the resources to give Tzedakah and doesnt to
save lives and yet he doesnt save them he actively brings death
onto himself, as the pasuk states (Shemuel I 25:10-11) And
Naval answeredshould I take from my bread and my water
and give them to men who I dont know and immediately he was
punished, as it states (Shemuel I 25:38) and Hashem punished
Naval with a stroke and he died.
Hagahah
Recently in several cities there have been established old age
homes (meaning, people who are old and weak and can no longer
work to support themselves gather together in one place and
there they are sustained with all of their needs until they live out
their lives). This is a very important and holy undertaking, that
even though the straightforward mitzvah of extending hospitality
and opening up ones home to others evokes a very great reward,
as mentioned above in the 3rd section of this sefer, in the 2nd
paragraph please see that reference yet even more so is the
reward for this even greater, since the lives of these old people
are literally being sustained21 (i.e., that their lives are extended)
and that in places where old age homes dont exist we see with
our own eyes that many old and weak people when they are
poor become weaker and weaker, and their lives are shortened.
Chazal have already said (Gemara Sanhedrin 37a) Whoever
21. Translators note: Noting this Hagahah of the Chafetz Chayim ZTL, I
am obliged to express my thanks to Mr. Marvin Azrak AH for his tireless
efforts to maintain the Syrian Communitys (Brooklyn, NY) Ahi Ezer
Senior Citizens homes. About four years ago I met Marvin in the Ahi
Ezer residence and thanked him for making my parents so comfortable
295
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was telling the other, and the other was telling the other Hurry,
and raise up that man from the ocean, that he gave Tzedakah all
of his life. At that moment Rebbe Akivah began to expound
and said Blessed is Almighty G-d, the G-d of Israel, who chose
the words of Torah and chose the words of Chachamim, that the
words of Torah and the words of Chachamim are existent forever
and ever, as the pasuk states (Kohelet 11:1) Send you bread onto
the surface of the water, and it states (Mishle 10:2) Tzedakah
will rescue from death.
Also, in the merit of Tzedakah, blessings will come into the home
of a man, as it states (Devarim 15:10) You shall decidedly give
to him, and your heart should not resent it as you give him (please
see the following Hagahah), since because of this, Hashem your
G-d blesses you. Therefore, man should constantly strengthen
himself in this mitzvah and bring blessing into his house, apart
from the reward hidden away from him for his future in eternity.
Hagahah
It is my opinion that the statement of the pasuk (Devarim 15:10)
as you give him means that it is in the nature of man that he
only wants to give Tzedakah once to a poor man, but if he is forced
to give Tzedakah to this poor man time after time for example,
one hundred times even though he is giving him because the
mitzvah obligates him to do so, his heart is really resisting it at
the time he is giving him. It is only after he has already given
away his money - that he no longer has the money in his hand
then he can rationalize to himself and say Whats the point
now of resenting it and diminishing the mitzvah because of that
reluctance?! Addressing this attitude, the pasuk states (15:10)
You shall decidedly give him, meaning, that you are obligated
to give him even one hundred times (as Rashi explains) and you
should not resent it as you give him, meaning even at the moment
of giving him, since because of this, meaning truthfully, the
money all belongs to HaKadosh Baruch Hu and we are giving
him from what is His (as the Tanna stated (Avot 3:7) Give
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22. As Chazal have taught in Gemara Sukah 49b, Tzedakah is rewarded only
on the basis of the Chessed \ the attitude with which it was given.
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18th chapter
A detailed explanation of tithing money.
(1) Now we will come to explain the vehicle by which man can
continually satisfy his obligation to this mitzvah of Chessed. In
the prior chapters we explained that it was good for man to set
aside money and have it available for this mitzvah. However, in
order not to belabor people, it is better if he accustoms himself
to set aside a tenth of everything designated for him by Hashem
from the profit of his business and from this tithed amount he
should distribute two-thirds to Tzedakah, since there are more
commonly found poor people who are in need of Tzedakah (lit.,
gifts), and the balance one-third should be set aside by him for
the purpose of Chessed (i.e., of giving out loans) (please see the
following Hagahah). And when he accumulates a significant
amount of money and he assesses that any more than that amount
is not necessary to be held aside for purposes of giving out loans
in his city, beyond that, all of the money for his tithing from the
bounty which Hashem blessed him should be used exclusively
for Tzedakah.
Hagahah
Even though the main reason for tithing is to give that money
to the poor, still, supporting someone who is impoverished with
a needed loan is also considered as Tzedakah, as explained by
the Rambam in the Laws of Gifts to the Poor (10th perek, 7th
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23. Bring all of the tithes into the storage house that was made for this
purpose in the Beit HaMikdash. (Metzudat David).
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24. Terumot Up to two percent of farm produce given to a Kohein.
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them. In this regard, the Gemara Chulin (130b) says one does
not give gifts, (i.e., the parts of the animal that are obligatory
gifts belonging to the Kohanim) to an unlearned Kohein, as the
pasuk relates (Divrei HaYamim 31:4) to give the gifts belonging
to the Kohanim and Leviim, in order that they will strengthen
Hashems Torah; please see the cited Gemara (Chulin 130b).
That being so, then it also applies in our times to tithing money,
that the main reason is to support those who toil in Torah. This
concept is related as follows in Midrash Tanchumah, perashat
Reeh (18th paragraph): You shall surely tithe, Tithe in order
to become enriched, Tithe - in order that you will not be lacking
is a hint to (lit., those who travel overseas \ businessmen) to tithe
one-tenth for those who toil in Torah here too it is permitted
to put Hashem Yitbarach to the test. Thus we learn from the
referenced Midrash that the main reason it was instituted was
to support the livelihood of those who toil in Torah. Please see
what I wrote above at the end of the 19th perek in the 1st saeif.
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extend a loan for the same amount that he himself borrowed from
his own Gmach for his own needs. In so doing he will fulfill
his obligation to tithe his money since this too is categorized
as Tzedakah, as mentioned above; (please see the following
Hagahah at the end of the following paragraph).
However, all of this is true according to the opinion of the
RambaM (Laws of Gifts to the Poor, 10th perek, 7th halacha) and
the Shulchan Aruch (Yoreh DeAh, section #249, paragraph #6)
who identify supporting the livelihood of a poor man who is now
indigent with a loan as the mitzvah of Tzedakah. However, the
RambaN in his Sefer HaMitzvot (mitzvah #16) does not phrase
this as Tzedakah, merely that it is a stand-alone independent
mitzvah, we have no proof to say that in so doing he is fulfilling
the mitzvah of tithing, since eventually this money (given out
as a loan) will come back to him and his heirs. But (in contrast
to that) when he permanently sets aside money in a fund for the
purpose of giving out free loans, according to the opinions of
the Rambam and Shulchan Aruch this is certainly permitted if
this is how he accepted upon himself this mitzvah from the very
outset, as explained here in the Hagahah. And even according
to the opinion of the RambaN, it would seem that one could be
lenient here. (Meaning, based on what the Shach wrote there (in
paragraph #3) quoting our Authorities, that tithed money could
even be used for the purposes of other mitzvot, for example, to
buy sefarim and lend them out to others and comparably so
on. Nevertheless, since there are those Authorities who are strict
in this regard and forbid the use of this money for other mitzvot
(please study carefully the commentary of the Pitchei Teshuvah
[2nd paragraph] in the referenced Yoreh DeAh (section #249)
who quotes the Chatam Sofer), then according to the Ramban
if one has not already made a condition specifying the use of
tithed money for the purpose of other mitzvot, it is proper and
correct to be stringent and not use this tithed money for any other
purpose except Tzedakah, and even according to the Rambam
this matter needs to be studied more carefully, as I explained this
in the Hagahah.
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Hagahah
(And this money [that he sets aside to lend to poor people] has
the halachic status of his own money [as opposed to the money
he set aside for maaser use]), the practical difference being in
matters of inheritance in several regards, however in so doing he
obligates himself to this mitzvah as long as he has the resources
to lend money to the poor in their time of need, up to one-tenth
of all of his possessions. Nevertheless, the subject matter is not
entirely clear, that even though in the context of Tzedakah, in so
doing he does fulfill this proactive mitzvah, it is possible that in
the context of tithing as brought down in Gemara Taanit (9a) in
the Tosafot quoting the Sifri, based on the text (Devarim 14:22)
You shall tithe your entire crop of your planting, the produce of
your field, year by year. I only know that ones planted grain
is obligatorily tithed, how do I know this extends to all other
kinds of profit \ gain (for example, interest charged to a gentile),
business profit, and all other kinds of profit Where do I learn
that tithing applies to these things as well? [Answer] The text
states (Devarim 14:22) [You shall tithe] your entire crop to
include interest income, charged interest and anything that earns
profit (end quote) - and it is more stringent, as it is comparable
to other kinds of tithes that are not in the framework of loans (i.e.,
that one may not lend from those monies and still fulfill ones
obligation to those mitzvot). However, since they (the Taz, and
the Shach at the beginning of section #249) permit taking tithed
money and using it to buy sefarim and to lend them out to others
even though in that case he is only giving him (the sefer) as a lent
object which must subsequently be returned to him, the inference
is that he was correct in what he did. But one can deflect this idea
by arguing that there he is permanently setting aside that tithed
money, but in our case whereby ultimately that money will come
back to him and to his heirs, we have no proof that in so doing he
fulfills his obligation. However, in any event, we can learn from
this that if he permanently sets aside money for use by the Gmach,
meaning that in reality that money will not belong to him, in so
doing he is fulfilling his obligation to give a tenth of his wealth
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to Tzedakah. That is not any worse than what was written by the
Taz and the Shach (at the beginning of section #249) and in the
writings of other Authorities who hold that one can take tithed
money and use it to pay for a wedding or to pay the cost of a Brit
Milah please see that reference. And even if we act stringently,
as written by the Chatam Sofer (in his response, section #231)
brought down in the Pitchei Teshuvah cited in the Yoreh DeAh,
2nd paragraph) that according to the MaHaril and the ReMa
in a place where from the outset, on three separate occasions,
one separated out tithed money specifically to give to the poor,
one may not use that money for any other mitzvah. Now, he
wrote there that when a person initially specifies a condition to
behave \ to act in this way it is permissible. So too in our case.
Even if one wants to act stringently there in all cases (specifically
stating he will use it for a wedding, or Brit, etc.) and say tithed
money must be used exclusively for Tzedakah to the poor,
however in our case that the purpose of a free loan society is to
strengthen the hand of those who are falling, that according to the
Rambam (Laws of Gifts to the Poor, 10th perek, 7th halacha) and
the Shulchan Aruch (section #249, paragraph #6) that money is
included in the category of absolute Tzedakah, with certainty one
may not be stringent in this regard. It is possible that one might
be lenient in this regard, even if initially he made no precondition
to behave in this way please see Shulchan Aruch section #253,
in the 9th paragraph, and (in conclusion) in a practical sense how
one should conduct himself requires more thought and analysis.
321
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to retain with him that surplus of tithed money until such time
that circumstances develop whereby he can give that money to
those men, and he is not required to immediately disburse that
money to others. During this period he is allowed to use that
surplus money for his own purposes, however, when the men to
whom he normally disburses his money appear, he is obligated to
borrow money in order to give them that money. [5] If he finds
that he disbursed to Tzedakah an amount more than the money
he tithed, there are authorities who hold that he is permitted to
deduct that excess amount from the coming years tithe, but there
are other Authorities who are strict in this matter (please see the
Pitchei Teshuvah, section #249, 1st paragraph). Therefore, it is
good to behave as we wrote above (in the 2nd saeif), meaning, he
should state an explicit condition at the time he is committing to
this mitzvah of tithing, that he should be able to give money to
Tzedakah on condition that he can collect back that deficit from
his tithed money at any time, as circumstances allow him that
opportunity to do so.
(3) All of this is applicable if this man has a business of his own
where the profitability of each item given to him by Hashem can
be recorded. But if he is a storekeeper, it is virtually impossible to
record an entry each time a little profit accrues to him. Therefore,
the advice in this case is that each year he should make a general
accounting of all his businesses, and an accounting of his store
ledger and calculate what profit he gained from his store. He
should also figure into this calculation the cost of his household
expenses, food and clothing, that he incurred during this period.
Against that he should total all of his Tzedakah disbursements,
and also all facets of Tzedakah that the members of his household
are accustomed to routinely give to the poor. He should stipulate
all of this from the very outset, at the time he is committing to
this mitzvah, that he retains the right to estimate these entries
to the best of his knowledge without having to be rigorously
precise. Also, he is obliged to give a tenth of money received
as an inheritance (Eliyahu Rabbah, section #156, 2nd paragraph).
325
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19th chapter
The laws of disbursing tithed (10%) money, and
the laws of disbursing Chomesh \ a fifth (20%)
of ones money.
(1) Now we will come to explain the protocol for disbursing
tithed money. It is well known in society that the main reason
for tithing money is for Tzedakah, to distribute money to the
poor, and his poor relatives take precedence in this regard
before anyone else. (Regarding the law of precedence given
specifically to ones relatives, please see Yoreh DeAh, section
#251, 3rd paragraph (in the Hagahah). Even this mans adult
children whom he is not obligated to support, he can give
them his tithed money, that since they have nothing of their own,
that is (i.e., the act of giving them is) absolute Tzedakah, even
if he has the resources to support them from some other place.
Regarding even his father and mother, it is permitted to give his
tithed money to them if he is poor. However, if he is able to
support them in some other way (from other money), Chazal have
said (Gemara Kedushin, 32a) A curse upon one who sustains
his parents with his Tzedakah money (if he has other sources
that can provide them with support). (Please see Shulchan Aruch
Yoreh DeAh, section #240, 5th paragraph (in the Hagahah) and
section #249, 1st paragraph, in the Shach).
And if his relatives (please see the 1st following Hagahah) are not
poor and he distributes his money to others who are poor, it is
appropriate and proper to disburse his money first to those who
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grain Israel set aside two maasers each year; In the first two
years of the Shemitah cycle, the two one-tenths were disbursed
as the First Maaser, and the Second Maaser, and in the
third year of the Shemitah cycle it was disbursed as the First
Maaser and the Maaser for the Poor. And even though there,
the second Maaser or the Maaser for the Poor was slightly
less than the First Maaser, as brought down in Gemara Babba
Kammah (69b), that being so, then the two maasers together
dont amount to one-fifth That is not so! since they also
set aside the Large Terumah (up to 2%) of their grain harvest,
which is one one-fiftieth, and so the total of the Large Terumah,
the First Maaser and the Second Maaser (or the Maaser for
the Poor) amounted to slightly more than one-fifth.
337
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25. Gemara Arachin (28a) Regarding the Gemaras statement from that
which you have, and not all that you have, Rebbe Elazar ben Azariah
adds that if to Heaven one cannot sanctify all of ones possessions, all
the more so is one obligated to have mercy on his own possessions. And
if the Gemara there was discussing a case where there are needy people
in the city, this conclusion of Rebbe Elazar would not be sound, because,
perhaps one can have no mercy on ones own possessions in order to
)benefit someone else. (EL
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that which you have and not all that you have in a case where
one vows to sanctify his possessions to Heaven, and obviously if
he may not sanctify all his possessions to Heaven, all the more so
he may not give give it all to poor people (lit., non-holy people),
as stated in Gemara Arachin (28a) (even if there is an argument
to be made that when poor people are standing in front of him
it is a greater obligation to give them than to give to Heaven, as
there, that case in the Gemara was one in which he was under
no obligation at all to sanctify his wealth to Heaven, rather, he
simply waned to donate a gift to Heaven. But thats not the
case here where the Torah requires one to give them something,
nevertheless, he may not disburse all of his wealth, in which case
he in turn would become impoverished; with absolute certainty
that would be forbidden because of the rule - Your life comes
before the life of someone else). Therefore concerning this, it is
impossible (for the Mishnah) to write it has no set amount, just
as it does not say regarding Terumah that it has no set amount,
since it is forbidden to set aside his entire field for Terumah, as
taught there in the Yerushalmi. And with this approach weve
answered the second question of the sefer Gevurot Ari on the
Rambam; please see that reference. And regarding the rabbinic
decree it is forbidden to disburse more than one-fifth of ones
wealth, that is in context where he himself is disbursing his
money (in a place where there are no needy people), which is
comparable to one who sanctifies a portion of his sheep or cattle,
as described there in Gemara Arachin, where he was not at all
commanded to do so. But if the context of that Gemara was
a case where there were poor people, the simple conclusion of
Rebbe Elazar ben Azariah there is not logically25 sound. Please
see that reference.
Now to return to our subject. In a framework where there are
poor people, it is the opinion of the Rambam that the halacha
requires giving up to one-fifth of ones possessions, and with
this approach I have reconciled what the Gra wrote in his holy
letter Aleem LeTerufah where he wrote to the members of his
household, quoted as follows: (Emphatically) For the sake of
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of Do not harden your heart and the Lav of Do not shut your
hand which were said in the context of Tzedakah which is
addressing one who gives less that the minimum amount which
is appropriate for him to give, as he (the Mechaber) writes in
section #248, 1st paragraph, since he can afford to give twenty
percent and he is too miserly to give even ten percent. And what
of the Torahs command to give sufficient to his needs? Just
because he cannot completely satisfy the need of the poor he
should not fulfill this mitzvah at all?! Rather, one is forced to say
that the donor cannot easily afford to give maaser and twenty
percent (and not that he cannot afford to give at all, because if
he could not afford to give at all, it would not be called
miserly). Thus he is not in violation of the Laveen of Do not
harden your heart and Do not shut your hand, and the Aseh
of sufficient for his needs he is only categorized as miserly
because he does not strengthen himself in this regard.
However, from the words of Rabbeinu Yerucham who wrote
that even for a time-limited mitzvah one is not required by
the halacha to set aside only ten percent of his money, and
that it is merely an enhancement of the mitzvah to give
twenty percent, (his words are quoted by the Shulchan
Aruch Orach Chayim, in section #656, in the Magen Avraham,
in the 7th sub-paragraph please see that reference) implying
superficially the opposite of what we said given that a passing
mitzvah is comparable to poor people being present - in the
context of the mitzvah of Tzedakah. However, truthfully, even
this is not a proof since our Authorities have compared this to
the mitzvah of Tzedakah, and it is possible to say that there too it
is addressing a case where the donor cannot easily afford it, given
his income, to give twenty percent of his assets therefore he is
not required to do so; but if he can easily afford to do so from
his income, then the halacha requires him to do so. The matter
requires very much thought and analysis how to practically apply
this law. However, the opinion of the Rambam in his explanation
of Mishnayot, and as brought by the Gra, is clearly to be stringent,
and on that basis we expressed ourselves as stated here in this
chapter.
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20th chapter
The law pertaining to the protocol for disbursing
Tzedakah.
(1). The Gemara Ketubot (50a) states (please see the following
Hagahah) Chazal in Ushah instituted a rule that One who
disburses Tzedakah should not disburse more than twenty
percent, lest he fall to public welfare. If he is extraordinarily
wealthy the inference from our Authorities is that this decree
does not apply to him. (Please see Gemara Babba Kamma (9b)
in the Tosafot, citation beginning with the words If you choose
to say, and in Sefer Chochmat Adam the Laws of Tzedakah
(Kelal #144, paragraph #10) and also to make this disbursement
(i.e., more than one-fifth) before ones death, since once he
has passed away he will not fall to requiring public welfare,
then at that time it is permitted to disburse a lot (i.e., more than
twenty percent) (the Shulchan Aruch Yoreh DeAh, section #249,
1st paragraph, in the Hagahah, ruled that one may distribute as
much as one wants before ones demise. Please see that Later
Authorities [in the annotations of Rebbe Akiva Eiger in that
reference] where they cited (other) opinions who ruled that one
may disburse a third or one half of ones wealth, but not more)
as stated in Gemara Ketubot (67b) regarding Mar Ukvah who
said just prior to his passing When he thought carefully about
the Tzedakah he gave throughout his life he said The journey is
long and the provisions are meager, and he distributed all of his
wealth to Tzedakah.
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Hagahah
The Gemara Arachin states in the Mishnah (28a): A man may
renounce (his ownership of an item and sanctify it to the benefit
of Heaven \ Hekdesh) from among his sheep and from his
cattle, from among his slaves and his maidservants, from among
his familys generational fields, etc. (meaning, a portion of these
things and not all of these things). Rebbe Elazar ben Azariah
said And if in regard to renouncing ones possessions to the
Benefit of Heaven one is not permitted to renounce all of his
possessions, how much even more so should one be concerned
(lit., take pity on) his possessions (and not disburse everything
he has to a private person Rashi); please study that Gemara
carefully. Even to give only one of these items in its entirety sheep or cattle, or one slave or female slave, or one family field,
or any non-fixed asset that he has also he may not do this,
since it is written in the pasuk (Vayikrah 27:28) from (among)
the things he has and not everything he has, from man
(meaning, his slaves) and not every man, from among his
familys generational fields and not from all of his familys
generational fields. (And he has only one sheep or one familial
field, the understanding from the Gemara Sanhedrin (64b), in the
Tosafot in the citation beginning with the word He will transfer
that one (of these items) is also called all, and ostensibly that is
also the law in our topic. It is also appropriate to study carefully
the exposition of the Gemara Chulin (84a) that the Torah is
teaching conduct for life, not to sacrificially offer up all of ones
cattle or sheep, as it is written (Devarim 12:21) and you will
offer up from among your cattle and your sheep [which seems to
allow one to sacrifice all of his sheep, or all of his cattle as long
as it is not all of his cattle and sheep- DH]). It is obvious that
even if all of these things (i.e., one-of-a-kind possessions) sum up
to less than twenty percent or ten percent of his assets, also he is
not permitted to do this (to relinquish them to Heaven) given that
the pasuk does not make any distinction in this regard. And now,
based on what was said by Rebbe Elazar ben Azariah, that one
should demonstrate restraint when it comes to his possessions
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26. and one who preempts the poor man and snatches it away from him is
called a Rasha. Therefore it was permissible for Rebbe Abba to give it to
)him even though he had no other fields. (DH
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(2). There are those Authorities who have ruled that the Ushah
decree Do not disburse more than twenty percent is in the
context of this man going out looking for poor people to whom he
can give Tzedakah, but if poor people come to him and they are
hungry or without clothes, where he is required to fill their need
and satiate them, and cover their nakedness, as the Torah tells
us (Devarim 15:8) fill the need that he is lacking, or if he sees
captives, that he is obligated to redeem them as commanded by
Hashem Yitbarach, and this man wants to give more than twenty
percent, he may do so, and it is an act of piety (Rambam in his
commentary on Mishnah, in the 1st perek of Pehah, in the 1st
Mishnah). Please also see the Hagahah above in the 19th perek,
paragraph beginning with the words However, based on the
words of the Rambam) it is my opinion that this is addressing a
scenario (please see the first following Hagahah) where there is
no literal issue of a threat to life but if there is a literal threat
to life for example the captive is about to die or is hungry to
the point where his starvation is life-threatening then this upper
limit of twenty percent does not apply. The statement in Gemara
Babba Metziah (62a) (please see the second following Hagahah)
was said specifically in the context of your life coming before \
taking precedence over the life of someone else, but nowhere do
we find that ones own wealth takes precedence over the life of
someone else.
1st following Hagahah
Even though it says in Gemara Babba Batra (8b) Captivity
(by definition) encompasses all punishments (at the hand of his
oppressors, which seems to include death) still, we find in many
places instances where the captive is not in a life threatening
situation, but merely that his captives want him as a slave or
something comparable. (Please see Masechet Horayot (13a):
In this Gemara, a man and his father and his Rebbe were all
in captivity. His redemption take precedence over his Rebbes
redemption, and his Rebbes redemption takes precedence
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from (the expenses of) his basic needs, as we wrote there in the
4th saeif quoting from the Shetah MeKubetzet, that when it
comes to supporting Torah there is no specified amount (i.e., the
limiting decree of Ushah is not applicable).
Truthfully, the relevance of this unresolved issue of halacha is
not limited to this topic, that this same law applies to what the
Tosafot wrote (citation beginning with the word Perhaps) and
what the Rosh wrote (in the 7th paragraph) in the 1st perek of
Babba Kamma (9a), that one is not required to disburse more
than twenty percent of his possessions \ assets even for a mitzvah
that is passing by (transient) (the mitzvah presents itself now, and
then passes him right by and is gone), like the topic of our subject
of Tzedakah. What is the law regarding the man mentioned
above whom we described? Perhaps the Ushah decree was not
intended to apply to a small amount of money, or (perhaps) for
this kind of a man this small sum of his is considered as someone
elses substantial amount and he does not have to spend it on
the mitzvah. I searched and I found that the Magen Avraham in
section #606, in paragraph #7 quoted the Nimukei Yosef in the
1st perek of Gemara Babba Kamma who writes in the name of the
RaMa that one who is financially hard pressed nevertheless must
add additionally - from his toiling - up to a third more to enhance
the mitzvah in order to beautify it. However, the Yam Shel
Shelomo disagrees with this and writes that this is not necessary.
He further writes that it is possible that this kind of a man does
not even have to spend any money on this mitzvah (i.e., his
poverty excuses him from the mitzvah) and so this issue remains
in dispute (i.e., its halachic status is not resolved). In my humble
opinion the straightforward likelihood is that the law follows the
opinions of the Nimukei Yosef and the RaMa. First we cannot
dismiss what was obvious to these two great sages because of
the uncertainty of the Yam Shel Shelomo. Moreover, the
understanding of their words is as implied by the Yerushalmi in
the 1st perek of Masechet Pehah. There it states (3b) One may
not go around knocking on doors for Tzitzit or Tefillin, which is
not the case when it comes to honoring ones father and mother
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)27. (Bamidbar 7:24-25) On the third day (of the dedication of the Mishkan
the tribal leader of Zevulun, Eliav Ben Chelon: His offering One silver
bowl, its weight 130 (shekels) and one silver basin of 70 shekels, in the
sacred shekel, both of them filled with fine flour mixed with oil for a meal
offering.
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partner when he came to him, who earned for him a great profit.
Because of the warm, gracious welcome he extends to the ben
Torah, in the end he will also merit receiving in Olam Haba that
share of the portion of Torah which he sponsored, all in great
happiness. This is in contrast because of our many sins - to
the behavior of thoughtless people, whose support is laced with
insults \ with a belittling of the solicitor, with great stinginess
and with a frowning face. But in the way (this miserly man) acts
towards others, so too in the end in that same way they (Heaven)
will act towards him G-d forbid; therefore the wise person will
have the foresight to see the consequences of his actions.
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pray timely. Please see Rashis explanation there -(EL). [The relevance of
Rebbe Yochanas law to our subject is as follows: Since we do pause our
learning to pray because we do pause our learning for mundane matters,
so too if one spends more than a fifth of his money on things that are
vain and nonsense, so too can one spend more than a fifth on matters of
]Tzedakah. DH
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the depth of his poverty. Now I know very well the attitude of
the Yetzer Hara that first seduces man by telling him all this is
helpful \ necessary for his business, meaning, people will come
to believe that he is wealthy and they will trust him and extend
credit to him for large sums of money. But this is all nonsense,
because the whole world knows now who the deceivers \ crooks
are, and they inquire and research until the truth is disclosed to
them, and now whatever he excessively spent he squandered
his assets for nothing. Yet even more than this, that his sons and
daughters when they see the opulent lifestyle of his household,
they will sincerely believe their father is vastly wealthy, and on
that basis they will squander yet even more of his wealth on
things that are worthless vanity, until he is financially ruined, and
suddenly all of his liabilities are known to everyone to the point
where it becomes a matter of life or death for him and his family
from the enormity of the suffering and humiliation from all of
his creditors who are surrounding him on all sides for all of his
sins \ illegalities. Now, in place of the momentary happiness
that came from the faade by which he and his family initially
deceived everyone, they are painfully broken hearted for many,
many years. Therefore, one who is wise and has the foresight
not to consume his money on objects of vanity and emptiness
but only on those things that are necessities and on matters of
Tzedakah and Chessed, and then it will be good for him.
(6). Further to this I wanted to make known an additional point:
Those who accustom themselves to give a tenth (maaser) or a
fifth (chomesh) of whatever they profit, the merit of the Tzedakah
they give is substantially greater than the merit of those who give
routine Tzedakah, even if the sums are equal, because those
who just give Tzedakah (i.e., not as maaser) get reward only
for giving Tzedakah, but their businesses dont gain because of
this. But that is not the case regarding those who also make their
business into a partnership with Heaven \ On High that their
businesses literally derive a great benefit, since it is a business
that has an intrinsic mitzvah. In particular, if at the time he
accepts upon himself the mitzvah of giving a tenth or a fifth of
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his profit, his intention at that time was that a portion of all of
his ventures would be dedicated to Hashem,29 how great is his
reward.
29. In conclusion what emerges from the words of our master the Chafetz
Chayim ZTL is that there are six instances whereby one is permitted to
disburse more than a fifth of his income. (1) A wealthy man who has an
income appropriate to his station in life can give even more than a fifth; (2)
If he has a steady business or an occupation that provides a steady income
stream each month, he can disburse an amount in excess of his basic
needs, even if that amount is more than a fifth; (3) Poor people approach
him asking him for Tzedakah. And when there is a concern for a lifethreatening situation, he is obligated to give whatever he is able to give,
even if it amounts to considerably more than a fifth. Moreover, the Chafetz
Chayim ZTL in the 2nd saeif of the Introduction to this sefer, in the 5th
notation, rules as follows: Understand clearly that in our discussion it
seems obvious that even if he has no money of his own to lend, but he
himself can borrow from others, he is obligated to do this when in so
doing he can save his fellow Jew from mortal danger or loss; (4) Prior
to his passing on, he can disburse more than a fifth to the poor; (5) He can
disburse more than a fifth when he gives to support Torah and he wants
for himself a share of that Torah learning; (6) People who are (anyway)
squandering their money on luxuries are permitted to disburse more than
a fifth to Tzedakah. (MC)
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21st chapter
An explanation of the mitzvah to support someone
who is falling to the point of not being able to
support himself, in order that he will not fall
completely, G-d forbid.
(1). Up until now we spoke about routinely extending Chessed
and thereby benefiting a fellow Jew poor or rich. Now we will
explain yet another aspect of Chessed which is common to this
topic, namely, one who is monetarily hard pressed, and this loan
which you will extend to him can strengthen him so that he wont
fall to public welfare. This topic of Chessed is much greater than
routine kindness since the lender is additionally fulfilling what
is written in the pasuk (Vayikrah 25:35 - 36) If your brother
becomes impoverished with you and his livelihood fails in your
midst, you shall strengthen him, the convert or the righteous
gentile, and he will live in your society (lit., live with you).
(The language of the pasuk with you is explained by Chazals
exposition (Gemara Temurah, 16a) in commentary on the pasuk
(Mishle 22:2) the rich and the poor met, Hashem made them
all at the time a poor man comes to a businessman and says to
him: Sustain me. If he sustains him, good and well, and if not
Hashem made them all, the One who made this one rich will
make him poor Accordingly, when this kind of man comes
to you, imagine that you yourself were also as needy as this man,
since if you dont help him, it is possible that your station in life
will also dwindle down to nothing, G-d forbid. However, if you
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do help him and strengthen his hand so that he wont falter, both
of you will be alive and enduring. This is as written in the pasuk
(Vayikrah 25:35) the convert or the righteous gentile, he will
live with you [i.e., in your society]). And if Hashem will enrich
him by some amount and in so doing he will live both him
and his family Hashem will consider this lender as though he
brought to life this man and his entire family, as we wrote above
in the 6th perek (1st paragraph) quoting the Midrash (Tanchumah,
Mishpatim, paragraph # 15) (please see the following Hagahah).
Hagahah
Something else that you must know that even though within
the topic of the mitzvah of doing Chessed which is addressed
throughout the entire Torah, that is in the context of a lender
who does not profit from it at all. But within the context of this
mitzvah, when one must support someone so that he does not
fall, we find in the Gemara Shabbat (63a) that he invests money
in a venture with this man, half the money is a pure investment
(and the other half is a loan) which is greater than the routine
mitzvah of giving merely a loan, and the reason is because when
extending an ordinary loan it is not usual to give a large loan to
the point where one will use it to transact business, but rather
it will be used mainly to provide himself with a little support,
and when that money is spent on expenses and runs out he will
not be able to repay the loan and he will be ashamed to face
the lender. But someone giving him money to invest in some
venture will certainly put a lot of money in his hand, in order
that it would be possible for him to use it to conduct business
so that he could sustain himself, and the principal will remain in
order to repay the loan. (Maharsha, in the cited reference). This
is what the Rambam wrote (10th perek of the Laws of Giving
Gifts to the Poor) that if he partners with him in some business,
it is also included in this mitzvah of and your brother will
live (in your society) with you. But he has to understand that
this matter was far better in the times of the Gemara than it is
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)the borrower. (DH
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not be the case when they are forced to pay back their loan in
one installment - they would revert back to their poverty as they
were before. We find this topic appears in Gemara Avodah Zara
(4a) When a man lends a thousand Zuz to his friend, someone
whom he likes, he collects it back from him slowly in small
amounts. One should take a lesson from those who lend out
with an Iskah who do this (and collect back their principal in
small increments) in order to lighten the repayment burden \
the financial burden of the borrower. In so doing they protect
their money (because their money will all be paid back) and
necessarily their profits will increase (since the loan is an Iskah
a business arrangement which will return an income stream).
So too should he behave in this same way with men who are
anguished, by routinely extending Chessed to them in order to
fulfill to perfection the Will of Hashem Yitbarach. By doing this,
in the Coming Future Hashem Yitbarach will crown this lender
with the Crown of a Good Name [as stated in Gemara Shabbat
104a: Alef Binah \ Learn Wisdom, Gemol Dalim \ Do
kindness to the indigent, and if you do this, HaKadosh Baruch
Hu will sustain you and tie a crown upon you for the Coming
Future. In my opinion that is what the Mishnah in Avot (4:12)
says: The Crown of a Good Name is superior to the other two
crowns and will be much more honorable than the honor a lender
gains in this world from the small profit he earns through the
loans he extends.
The lender who behaves in this way fulfills what is said in the
pasuk (Tehilim 41:2) Praiseworthy is the one who contemplates
the needs of the poor, on his day of bad \ evil (i.e., judgment)
Hashem will protect him, meaning, this man considered
carefully the sorrow of this indigent, and his lowliness, perhaps
in some way he can raise him up out of his poverty and pain.
This pasuk includes many concepts as we will explain further on
(in the 3rd section, in the 7th perek) with the help of Hashem, and
this subject is also included among them.
This wonderful mode of behavior that weve written about
is not limited to a specific single person, that how appropriate
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her for herself was certainly not enough to also feed her seven
sons, even if she was very frugal in parceling out the food. Also,
what is meant by He went and supported her? It should have
said: He went and supported her and all of her children, as the
Heavenly angels said: The righteous Binyamin brought back to
life a woman and her seven sons. However, the truth will show
the way. Her intent was not to receive routine Tzedakah, rather,
her request was for him to give her a sum of money by which she
could transact a business from which she could earn a livelihood,
and in so doing she and her children would remain alive. (And
he answered her by taking an oath: I swear by the Temple
service that the charity fund is depleted that supporting the
hand of the indigent by which they can transact some business is
also called Tzedakah according to the opinions of the Rambam
and the Shulchan Aruch cited there. And even if you were to
say it is not permitted to take money from the charity fund (and
give it to this man to invest in a business through which he could
earn a livelihood) since the intent of the donors to the fund is to
disburse it to charity (and not to invest it in a business) as we
wrote something similar to this in the first Hagahah of the 18th
perek please see that reference it is possible that the righteous
Binyamin thought that her intent was to receive routine Tzedakah)
and so she said: If you dont support me, a mother and her seven
sons will die. Therefore he went and sustained her, meaning,
that he strengthened her hand with an outright gift or some loan,
in order for her to transact business and live, both her and her
children. On High, when time comes to award merit, Heaven
considers it as though he saved the lives of all of them, as we
wrote above in the 6th perek, 2nd notation, citing a specific proof
from the Gemara Babba Kamma (119a). Therefore, the attending
angels said that he brought back to life a woman and her seven
sons. With this we can now understand why it was appropriate
to add twenty two years to his life, since from the perasha of
(Vayikrah 25:35) If your brother becomes impoverished you
shall strengthen him until the end of the following pasuk which
addresses this same subject, there are twenty two words. By way
397
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22nd chapter
An explanation of extending Chessed in the
context of lending out personal articles (lit.,
utensils), and several related topics.
(1). In the preceding chapters we explained the law of lending
out money, now we will explain the topic of lending out articles,
which is also a mitzvah evolving from this character trait of
Chessed. Regarding this topic, Chazal have said in Gemara
Sukah (49b) Tzedakah is done with ones money, extending
Chessed \ kindness is done either with ones physical efforts or
with ones money. Rashi explains To lend out ones money or
personal property (i.e., utensils) or his animals. Thus we see tht it
is a mitzvah to lend articles (and all the more so if by lending out
ones utensils or animal the borrower can earn a profit of a few
dollars in order to earn a livelihood, with absolute certainty this
is a very profound act since in so doing the lender fulfills what
is written in the text (Vayikrah 25:35) and if your fellow Jew
becomes impoverished and his means of support falters in your
presence, you shall support him). This aspect of Chessed can
be implemented by every man since it is relevant even to small
things, like lending out a sifter or a sieve or any other household
utensil, or the lending of a comb in a bathhouse, or anything
comparable.
Chazal have said (Gemara Menachot, 43b) The sin of White
(i.e., not lending out simple, common things) is more serious than
the sin of Purple (not lending out elegant, expensive things)
403
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32. Regarding the topic of the sin of baseless hatred, its consequences,
and the imperative to love ones fellow Jew, please see the Mazal Elul
English translation of the Chafetz Chayims ZTL Kuntres Ahavat Yisrael,
produced, published and distributed free as a public service by the Mazal
Elul Congregation, summer 5769; 3rd printing summer 5771.
406
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his soul should conduct himself in the following way, that when
he borrows an article from his friend in order to use it for some
purpose, he should return it after he finishes using it and not keep
it with him any longer. (Please study the Shetah MeKubetzet on
Gemara Babba Metziah (81a) where he writes in the name of the
Ritvah that the borrower is obligated to return the article to the
possession of the owner after the period of the loan is over.
411
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23rd chapter
An explanation of the essence of this mitzvah
of lending.
(1). In the preceding chapters we explained the obligation to
extend a loan, given that the lender could afford it. Now we
will explain the essence of (i.e., how to do) the mitzvah
of lending. When extending a loan the lender must act in the
same way as when he gives Tzedakah, that one must be careful
to disburse it pleasantly and not grudgingly (lit. frowning), as
related in Avot DeRebbe Natan (13th chapter, 4th paragraph):
One should always interact pleasantly with people. How so? It
means that even if someone were to give his friend all of the gifts
in the world while his face is frowning (while he is demonstrating
in some way that the act of giving is being done grudgingly)
the text (i.e. Heaven) considers it as though he gave nothing at
all. This lesson is codified as law in Yoreh DeAh, section #249,
3rd paragraph, and so too regarding the law of how he should
act in extending a loan, that the lender must be careful not to act
disparagingly towards the borrower, G-d forbid, rather, he should
lend him with a pleasant face (please see above in the 9th perek
where we explained this thoroughly).
One should think to himself that if he needed some favor from
his friend how so very much would he want his friend to greet
him with a pleasant face; so too must he behave in that same way
towards his fellow Jew. This is how Rashi explains the subject
matter in Chumash, perashat Mishpatim in commentary on the
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Pesachim, Rav Yehudah said that Rav said that a person should
always occupy himself with Torah and mitzvot, even if it is not
for the sake of fulfilling the mitzvah that in initially doing the
mitzvah not for its own sake, one will come to do the mitzvah
for the sake of the mitzvah itself, implying that although this
specifically is not a perfect mitzvah nevertheless it suffices as
a mitzvah. In this context, the Gemara Sotah (22b) relates that
Abaye and Rava said to the person who recited the Mishnayot
and Beraytot (regarding the Tanna who included in his list seven
types of people whose public acts of charity \ piety \ humility
were in fact sham) Do not include in your enumeration of
the Tannas list those people who act out of love or fear,
(love of the credit he will receive in Olam Haba, or fear of
punishment Rashi) given that Rav Yehudah said that Rav said
A person should always occupy himself with Please study
the explanation of Rashi there. The implication is that if he does
the mitzvah in order to earn a reward, that too is categorized as
not for the sake of the mitzvah. However, when we apply
ourselves to carefully studying Rashi in Gemara Pesachim (8a)
at the end of that page, in the text beginning with the words and
comparable, and on the following page (8b) in the text beginning
with the words this too, we will see that this is all reconciled,
that if his intent is to perform the mitzvah and he also intends to
do it in order to acquire a benefit to himself, then that is called a
perfect mitzvah. But if his intent is exclusively to benefit himself
here or in Olam Haba, and not at all for the sake of the mitzvah
itself, that is called not for the sake of doing the mitzvah as
this is codified as law in Orach Chayim, (section # 60, paragraph
#4) that mitzvot require intent specifically for the sake of doing
the mitzvah and if not, if there was specific non-intent to do the
mitzvah, he has not performed the mitzvah as the law requires.
(And dont say that when it comes to Tzedakah and Chessed,
since the poor man gained \ received that favor, the giver does
not at all need intent for the mitzvah and still his giving would be
419
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33. As the Chafetz Chayim ZTL brings down in the following third paragraph.
In this regard please also see the illustrative examples at the end of Sefer
Chafetz Chayim, the second illustration in the first example, quoted as
follows from the Mazal Elul English translation of the sefer, Volume 4,
page 369 (produced by the Mazal Elul Congregation, published by the
Mazal Press and distributed by Feldheim Publishers, 5769): the Torat
Kohanim brings down (in Diburah DeChataaut, the 12th parshatah, 13th
paragraph, in perashat Vayikrah) that even if someone loses money (in the
street, for example) and a poor person finds it, he is blessed for that, since
ultimately the poor person benefited from his money.
34. Namely, that they circumcised themselves exclusively for the sake of
becoming enriched. (EL)
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You (the reader) have before you the concept that even though
each one has a unique status, and the character trait of love is
very precious, still, all of these character traits are very dear to
Hashem Yitbarach, that the Thanks Offering (Vayikrah 3:16)
and the Sin Offering (Vayikrah 4:31) are also called a sweet
savoring to Hashem.
From all this we can apply to our subject namely, Tzedakah and
Chessed, (please see the first following Hagahah at the end of
this perek) that in any way they are expressed it is beloved before
Hashem Yitbarach. But in this regard one must be careful not to
give the Tzedakah or do the Chessed in order to use it as a means
to glorify himself \ to lord over others, because in so doing he
will utterly ruin the mitzvah (please see Yoreh DeAh, in section
#249, paragraph #13, in the Hagahah, where it is written there
that man should not use the Tzedakah that he gives as a means
for self-aggrandizement, and if he does inflate his ego then it
is not enough that he does not receive reward please see the
Gra there (notation #17) who cites Gemara Babba Batra (10b):
Rabban Gamliel answered and said (Mishle 14:34) Tzedakah
will uplift a nation (meaning) all of the Tzedakah and Chessed
they do, they only do it for self-aggrandizement (in order to lord
over others). Now, even though the Gemara there is saying they
do this (Tzedakah) from the very outset specifically to inflate
themselves, the Poskim ruled that it is all one and the same law
(that because of a personal motivation and not for the sake of the
mitzvah they lose the mitzvah). However, in my humble opinion,
I dont know where their source is for their ruling, that we dont
find a man loses a mitzvah (lit., loses the goodness that he did)
unless he regrets having done that mitzvah. And even though
he now has a sin for giving Tzedakah for the sake of inflating
his self-image, and in so doing lording over others, still, he is
fundamentally not regretful for having done the mitzvah itself.
The Hagahah ends at this point). Rather, man should constantly
ponder that everything he has all of it belongs to HaKadosh
Baruch Hu, as it is written (Divrei HaYamim I, 29:14) Because
everything comes from You, and from You we give back to You.
431
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Hagahah
Even though we elaborated extensively on this topic, and we
proved from the Midrashim of Chazal, that for all of mans good
deeds he will be compensated (i.e., rewarded), as Chazal have
said (Gemara Babba Kamma 38b) HaKadosh Baruch Hu does
not hold back reward for anything (anything, even something as
seemingly innocuous as) a pleasant conversation. Nevertheless,
there is a big difference between one who does a mitzvah not
for the sake of the mitzvah, and one who does it for the sake
of the mitzvah itself, then the enormity of the remedy ()
accomplished by the mitzvah ascends beyond On High, as Chazal
have said (Gemara Pesachim 50b). Regarding this the pasuk
relates (Tehilim 108:5) Your Chessed is above Heaven the
reason being that the power of the remedy is directly proportional
to the manner in which the Chessed was done. If the mitzvah was
done only for materialistic reasons without any intent whatsoever
for the mitzvah, then there is not enough power in that effort to
allow the remedy to ascend On High to the spiritual realm, and as
a result the Chessed of Hashem spreads out only over this world,
which is the physical world of materialism; but that would not be
the case if the mitzvah was done for the sake of the mitzvah. In
doing the mitzvah for its own sake there is great holiness in its
power, and its holiness affects spiritual realms beyond On High.
The holy Zohar already explains the great extent of the arousal of
holiness that was accomplished in all of the universes by virtue
of doing this mitzvah perfectly.
Therefore, how good it is that one should accustom himself
that any time he does something that has its basis in Torah, for
example the mitzvah of extending a loan, in so doing he fulfills
the proactive mitzvah of the Torah of (Shemot 22:24) When
you lend money to My people, or he supports the hand of a poor
man by giving him work through which he can earn money, and
anything comparable, that in so doing he fulfills the mitzvah of
(Vayikrah 25:35) If your brother becomes impoverished with
you and his livelihood fails in your midst, you shall strengthen
433
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mitzvah) even though his reward for the physical act of doing the
mitzvah will not be withheld, as mentioned above, nevertheless,
in so doing (i.e., in not specifically doing the mitzvah for its own
sake) he belittles the mitzvah very much, something that you
wont find happening when it comes to his own business matters
that he would belittle it, in fact to the contrary, he would expand
it \ enlarge it as much as he could. All of this because of our
many sins is because we dont think at all of Olam Haba as
being profitable, like a business. Therefore, praiseworthy is the
man who is insightful and sensible in his deeds to do them in
the context of perfection (i.e., doing the mitzvot for their own
sake) meaning, to do that good action because it is a mitzvah
that comes from Hashem, and in so doing he will be sanctified
to Hashem. That is what underlies the pasuk (Bamidbar 15:40)
in order that you shall remember and do all of My mitzvot and
become holy to your G-d, meaning, he is does them because
they are of the mitzvot of Hashem.
437
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438
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24th chapter
An explanation of the great importance of
repaying a debt.
Up until now we explained the enormity of the obligation to
extend a loan. Now we will explain the enormity of the obligation
of the borrower to repay his debt. Chazal have said in Gemara
Ketubot (86a): The repayment of a loan is a mitzvah, and he may
not excuse himself from it just as he cannot excuse himself from
the mitzvah of Sukah, or Shofar, or Tefillin please see that cited
Gemara. Come and see how great is the power of this obligation,
that Chazal have said in Gemara Babba Metziah (113b) we (the
Beit Din) restructure the assets of a debtor to (in favor of) his
lender (meaning, one who does not pay back his debt of his own
accord, and his lender comes with the authority of the Beit Din
to collect the money owed to him) the court leaves the borrower
with food for thirty days, and clothing for twelve months and not
more, and also the tools of his trade which are necessary for his
work and all of the debtors other articles, and his sefarim, and
his real estate are all sold off to satisfy his debt, and they dont
leave him even food for his wife and children, that everything he
owns is subrogated to his debt.
One who has the money to pay back a loan and yet holds himself
back from repaying that debt because he is a tough character (lit,
because of the strength of his toughness) violates what is written
in the Torah (Vayikrah 19:13) Do not extort your fellow Jew,
as codified into law in Shulchan Aruch Choshen Mishpat, section
439
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38. The Gemara (Ketubot, 66b) relates that while traveling with his students,
Rabban Yochanan ben Zakai saw a girl (who was so impoverished that
she was) picking out grains of barley from the dung of animals belonging
to the Arabs. He asked her who she was and she answered that she was
the daughter of Nakdimon ben Gurion, who was one of the wealthiest men
in Jerusalem. He asked her what happened to her fathers money? She
replied, This came and consumed this, meaning that money obtained
illegally (because not enough of it was given to Tzedakah - Rashi) became
intermingled with her father in laws money obtained legally and both were
consumed.
442
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It causes other people with lesser means to be envious of them and copy
their lifestyle, and in so doing (in living beyond their means) they will
resort to extortion \ cheating and stealing, and they will not pay their
debts;
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\ sin against his fellow Jew. Please study above, in the 1st perek,
where I elaborated on this topic. One who disciplines himself
to be scrupulous in judgment, he is one of the ones who will
expedite Hashems redemption of Israel, as the pasuk states
(Yeshaya 56:1) Guard judgment and do Tzedakah, because My
redemption is at hand and My righteousness is to be revealed.
(Regarding this) Please see what we wrote in Kuntres Sfat
Tamim, in the 3rd, 4th and 5th chapters.39
Hagahah
Please study the commentary of the MeIrat Enayim (section
#97, paragraph #4, notation #5) and the Taz, where this topic is
thoroughly explained. From their words we learn that whoever
takes other peoples money for some venture must be careful not
to divert the use of that money for his own purposes, because
in so doing, later on he will not have the money to pay back the
39. Please see the Mazal Elul English translation of the Chafetz Chayims
ZTL Kuntres Sfat Tamim (produced by the Mazal Elul Congregation,
published by the Mazal Press and distributed by Feldheim Publishers,
5769). These three chapter descriptions are as follows:
4th chapter
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3rd chapter
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lender, since this was not the intended purpose of the loan. And
because of our many sins, there are men who treat other peoples
money with utter disdain - people who worked and toiled with
the sweat of their brow to earn that money and on occasion
it reaches a point of literally threatening their livelihood and
the welfare of their families, because these men will suddenly
be depleted of their belongings, their wealth and their honor.
Regarding these unfortunate people, we can say what was related
in the text (Kohelet 4:1) see the tears of the oppressed, with no
one to comfort them, and their oppressors have power but there is
no one to comfort them (please see what I wrote in Kuntres Sfat
Tamim, in the 4th perek). And these men who extort, their hearts
swell as large as banquet halls as they sit in their chambers with
honor, and they delight in the money of their fellow Jews, and
they dont know that in the end this will also happen to their souls
(Mishle 22:23) He (Hashem) will steal the soul of those who
would steal from them(i.e., from their fellow Jew). Hashem
should protect us from their intentions and plans (lit., ideas and
thoughts).
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