Gifts to the Poor

When a person harvests his field, he should not harvest the entire field. Instead, he should leave a small portion of the standing grain at the end of his field, as [Leviticus 23:22] states: "Do not completely remove [the grain in] the corners of your field when reaping." [This prohibition applies] to one who reaps and one who uproots. [The grain] left [standing] is referred to as pe'ah.

Just as one leaves [pe'ah] in his field, so too, [he must leave pe'ah] for trees. When he gathers his produce, he should leave some for the poor. If he transgressed and harvested the entire field or gathered all of the produce of the trees, he should take some of what was harvested or gathered and give it to the poor. Giving [this produce] fulfills a positive commandment, as it is stated [ibid.]: "Leave it for the poor and the stranger." Even if one ground the flour, kneaded it, and baked it into bread, he should give pe'ah from it for the poor.

If the entire harvest that was reaped was destroyed or consumed by fire before he gave pe'ah, he is liable for lashes. [The reason is that] he violated a negative commandment and he did not fulfill the positive commandment that could correct it.

Similarly, with regard to leket: When one harvests or binds sheaves, he should not gather the stalks that fall during the harvest. Instead, he should leave them for the poor, as it is stated [ibid.]: "You shall not gather the gleanings of your harvest." If he transgresses and gathers them - even if he ground them [into flour] and baked [them], he must give it to the poor, as it states [ibid.]: "Leave it for the poor and the stranger." If [this produce] is lost or consumed by fire after he gathered it, but before he gave it to the poor, he is liable for lashes.

Similar [laws apply to] individual grapes that fall during the grape harvest and to underdeveloped grape clusters, as it is stated [ibid. 19:10]: "Do not harvest underdeveloped grape clusters from your vineyard, nor gather individual grapes that fall in your vineyard. Leave it for the poor and the stranger." Similarly, if a person is binding sheaves of wheat into bundles and forgets one bundle, he may not go back and take it, as [Deuteronomy 24:19] states: "If you forget a sheave in the field, do not return to take it." If he transgressed and gathered it - even if he ground it [into flour] and baked [it], he must give it to the poor, as it states [ibid.]: "They shall be for the stranger, the orphan, and the widow." This is a positive commandment. Thus you have learned that they all are prohibitions that can be corrected by positive commandments. If one [transgresses and] does not fulfill the positive commandment involved, he is worthy of lashes.

Just as [the prohibition against taking] forgotten produce (shichichah) applies with regard to sheaves, so too, it applies to standing grain. If one forgot standing grain and did not harvest it, it should be [given] to the poor. Just as [the prohibition against taking] forgotten produce applies with regard to grain and the like, so too, it applies to all [fruit-bearing] trees, as it is stated [ibid.:20]: "When you beat your olive tree, do not go back and take its glory." This law also applies to [produce from] other trees.

We find that there are four types of gifts to the poor in a vineyard; individual grapes that fall, underdeveloped grape clusters, the corners, and forgotten produce. There are three types of gifts of grain; the gleanings that fall, the forgotten produce, and the corners fo the field. There are two types with orchards; the forgotten produce, and the corners of the fields

All of these gifts to the poor, the owners have no claim of benefit. The poor can come and take them against the will of the owners. Even a poor Israelite (owner) can have them taken from his hand.

Whenever the term "stranger" is used with regard to [these] presents to the poor, the intent is a convert to Judaism. [This is evident from the wording used by Deuteronomy 14:29] with regard to the tithe [given to the] poor: "And the Levite and the stranger will come." Just as the Levite is a member of the covenant, so too, the "stranger" is a member of the covenant. Nevertheless, we do not prevent gentiles from [taking] these presents. Instead, they [are allowed to] come together with the poor of Israel and take them as [an expression of the Torah's] ways of peace.

With regard to [these] presents for the poor, it is said: "Leave it for the poor and the stranger." [Implied is that the obligation exists only] when the poor demand them. If the poor cease seeking them and searching for them, the remainder is permitted for any person. For - in contrast to terumah - the physical substance [of the crops] does not become consecrated. Nor is he required to give their worth to [the poor], for it is not stated [that he should] give them to the poor, but that he should "leave it." He is not commanded to leave it for the beasts and the wild fowl, but for the poor, and there are no poor.

When is everyone allowed to collect the leket? When a second wave of gatherers gather after the first wave of gatherers and then depart. When is everyone allowed to collect individual grapes that fall and underdeveloped grape clusters? When the poor walked through the vineyard and departed. What remains afterwards is permitted for every one. When is everyone allowed to collect olives that were forgotten in Eretz Yisrael? If they were forgotten while on the tree, one is permitted to take them from Rosh Chodesh Kislev which is the time of the second rain in a late year. One is permitted, by contrast, [to take] masses of collected olives forgotten under a tree after the poor have ceased seeking them.

As long as a poor person has the right to take olives left on the earth under the trees, he may take them, although people at large have already been granted license [to take] the forgotten produce on the tree itself. As long as one has the right to take forgotten produce from the tree itself, he may do so, even though he does not have the right to take forgotten produce from under the tree.

Presents to the poor from [the crops in] the field with which the poor are not concerned belong to the owner, even though the poor have not ceased searching for their presents.

According to Scriptural Law, all of these presents for the poor must be given only in Eretz Yisrael like terumah and the tithes, as [indicated by Leviticus 19:9]: "When you reap the harvest of your land" and [Deuteronomy 24:19]: "When you reap your harvest in your field." It has already been explained in the Talmud that [the mitzvah of] pe'ah must be observed in the Diaspora according to Rabbinic decree. It appears to me that this law applies to all the remainder of these presents to the poor. All of their [obligations] must be observed in the Diaspora according to Rabbinic decree.

What is the minimum measure for the corners of the field? From the Torah there is no minimum measure. Even if he leaves one stalk of grain, he has fulfilled his obligation. But from the words of the Rabbis, one should not leave less than a sixtieth (of the field), whether one is in the land of Israel or not, They add to the sixtieth according to the greatness of the field and according to the number of poor, and according to the blessing of the crop. How is this so? If there is a very small field and he leaves from it a sixtieth and it does not satisfy the poor, then he should add to the measure. And if there are many poor, he should add. And if it is a small crop and he gathers much, since he was blessed, he adds according to the blessing. All who add to the corners of the field add to their reward. There is no limit for this reward.

Any food that grows from the earth, is guarded, is harvested at the same time, and is placed in storage is required that pe'ah [be separated from it], as [Leviticus 19:9 / Leviticus 23:22] states: "When you reap the harvest of your land."

Anything that resembles a crop that is harvested by having these five qualities requires that pe'ah be separated from it, e.g., grain, legumes, carobs, nuts, almonds, pomegranates, grapes, olives, dates - whether dried or fresh - and any similar produce. By contrast, indigo, rubia, and the like are exempt, because they are not food. Similarly, truffles and mushrooms are exempt, because they do not grow from the earth, like other produce of the earth. Similarly, ownerless produce is exempt, for there is no one to watch it, for it is free for anyone to take. Similarly, figs are exempt, because they are not harvested at one time. Instead, on the tree, there are some that will become ripe on one day and others that will not become ripe until after several days. Similarly, vegetables are exempt, for they are not placed in storage. Garlic and onions require that pe'ah [be separated], for they are dried out and placed in storage. Similarly, seed onions that are placed in the earth to produce seed require that pe'ah [be given from them]. Similar laws apply in all analogous situations.

A portion of land of any size requires that pe'ah [be separated from its produce]. [This applies] even if it belongs to partners, for [the prooftext (ibid)] states "the harvest of your land," even if it belongs to many people.

When gentiles harvested a field for their own sake, thieves harvested it, ants destroyed its produce, or the wind or an animal crushed it, it is exempt from pe'ah. For the obligation of pe'ah lies on the standing grain.

If he harvested half of it and thieves harvested the remaining half, it is exempt, for the obligation was incumbent on the half that was harvested by the thieves. If, however, thieves harvested half of it and [the owner] harvested the remaining half, he should leave pe'ah according to the measure of what he harvested. If he harvested half and sold the [remaining] half, the purchaser must leave pe'ah for the entire field. If he harvested half and consecrated half, the person who redeems [the half] from the Temple treasury must leave pe'ah for the entire [field]. If he harvested half [the field] and consecrated [what he harvested], he should leave pe'ah for the entire field from the remainder [of the crop].

[The following rules apply when a person] harvested [some of] the grapes in his vineyard to sell in the market place, but had the intent to leave the remainder for the vat to press [for wine]. If he would harvest for the marketplace from either side [of the vineyard], he should give pe'ah for [the grapes] that he harvests for the vat according to the amount that remain. If he would harvest for the marketplace from only one side, he should leave the amount of pe'ah appropriate for the entire field from the amount remaining. [The rationale is that] since he harvested from only one side, he is not considered as harvesting haphazardly in which instance, he would be exempt [from leaving pe'ah]. Similarly, when a person harvests ears of grain bit by bit and brings them home, he is exempt from leket, shichachah, and pe'ah, even if he harvested his entire field in this manner.

When a person harvests his entire field before it becomes completely ripe, before it reaches a third of its growth, he is exempt [from pe'ah]. If it reached a third of its growth, he is obligated. Similarly, with regard to fruit from trees, if a third of their growth is completed, there is an obligation [to leave pe'ah].

When a person consecrates his field while his grain is standing and redeems it while it is [still] standing, there is an obligation [to leave pe'ah] from it. If the Temple treasurer harvested it and then he redeemed it, it is exempt, for at the time when the obligation for pe'ah became relevant, [the field] was consecrated and thus there was no obligation [to leave pe'ah] from it.

When a gentile reaps his field and then converts, he is exempt from pe'ah, leket, and shichachah. [This applies] even though [Scripture mentions the obligation of] shichachah only with regard to the time when sheaves [are transferred].

One may not hire non-Jewish laborers to harvest, because they are not knowledgeable with regard to the laws of leket and pe'ah. If one hired them and they harvested the entire field, he is obligated [to leave] pe'ah.

When a landowner harvested his entire field and did not leave pe'ah, he should give some of the stalks of grain as pe'ah to the poor. He does not have to tithe [the grain he leaves as pe'ah]. Even if he gives the majority of the harvest as pe'ah, he is exempt from tithes. Similarly, if he threshed the grain, but did not winnow it, he should give them pe'ah, before he tithes. If, however, he threshed and winnowed the grain with a pitchfork and a shovel and completed the task, he should tithe and give [the poor] tithed produce equivalent to the appropriate measure of pe'ah for that field. Similar [concepts apply] with regard to trees.

Pe'ah should be left only at the edge of the field, so that the poor will know where to come to collect it, so it will be obvious to passersby and they will not suspect [that the owner did not leave pe'ah], and so that deceivers will not intend to harvest their entire field and [will excuse themselves by] telling the observers: "I left it in the beginning of the field." Also, [leaving it there will prevent him from] waiting until a time when no one is present and leaving it for a poor person with whom he is close. If a person transgressed and left pe'ah in the beginning or the middle of his field, it is considered as pe'ah, but he must leave an appropriate measure of pe'ah for the portion of the field that remained after he separated the initial [pe'ah].

When the owner of a field gave pe'ah to the poor and they told him: "Give us from the [other] side," and he gave them from the other side [as well], both of the gifts are considered as pe'ah. Similarly, if the owner of a field separated pe'ah and then said: "This is pe'ah and this also is" or "This is pe'ah and this," they are both pe'ah.

It is forbidden for workers to harvest the entire field. Instead, they should leave the appropriate measure [of grain] for pe'ah at the end of the field. [Nevertheless,] the poor do not have a share in it until the owner willfully separates it. Therefore [although] a poor person sees pe'ah at the end of a field, he is forbidden to touch it lest it be considered as theft until he knows that it was left with the consent of the owner of the field.

Pe'ah from grain, legumes, and other similar species of crops that are harvested and similarly, pe'ah left in vineyards and orchards should be given while it is [growing] from the earth. The poor should grab it by hand; they should not cut it with sickles, nor uproot it with hatchets lest one person [accidentally] strike a colleague. If the poor desired to divide it [equally] among themselves, they may. If, however, ninety-nine say that they desire to divide it and one says that each should grab what he can, we listen to the latter, for his statement is in accord with Torah law.

Pe'ah from a grape vine [draped over a high wall] and from a date palm that the poor cannot reach to grab except at great danger the owner of the land should bring it down and divide it among them. If they all desire that it be left to be grabbed, that option is followed. If, however, ninety-nine say that they desire that it be left to be grabbed and one says that it should be divided, we listen to the latter, for his statement is in accord with Torah law. We obligate the owner to bring it down and divide it among them.

At three times during the day, pe'ah is divided among the poor or left for them to take: at daybreak, at noon, and at minchah. When a poor person does not come at these times, he is not allowed to take, so that there will be fixed times for the poor so that they will all gather together to take [pe'ah]. Why wasn't only one time a day established [for the poor to take]? Because there are poor nursing mothers that need to eat at the beginning of the day. And there are poor children who are not awake in the morning and will not reach the field until midday and there are elderly people who will not come until the late afternoon.

When a poor person takes some of the pe'ah and throws it over the remainder, falls on it, or spreads his garment over it, we penalize him and make him relinquish it. Even what he took is removed from his possession and given to another poor person. [These laws] also apply with regard to leket and to a sheave that was forgotten.

[The following rules apply if a person] took pe'ah and said: "This is for the poor person, so-and-so." If the person who took possession of the pe'ah is also poor, [the acquisition is binding]. Since he has the right to acquire it himself, he may acquire it for the other person. If [the person who took possession] was rich, he does not acquire it for him. Instead, he should give it to the poor person he finds first.

When the owner of a field leaves pe'ah for the poor people standing before him and a poor person comes from behind him and takes it, that person acquires it. For a person does not acquire leket, shichachah, and pe'ah, or a sela that was lost until it reaches his possession.

Pe'ah should not be left in one field for another field. What is implied? If [a person] owned two fields, he should not harvest one entirely and leave the amount of pe'ah appropriate for both in the second field. [This is derived from Leviticus 23:22:] "Do not completely remove [the grain in] the corners of your field." [Implied is] that one should leave in each field the pe'ah that is appropriate for it. If one left [pe'ah] from one field for another, it is not pe'ah.

Although one's entire field was sowed with one crop, if there was a stream - even if did not flow - or an irrigation ditch - provided water flowed through it and it was established - in the midst of the field that would prevent one from harvesting both sides at the same time, it is considered as two fields and one should give pe'ah on each side for the portion there.

Similarly, a path belonging to a private individual which is four cubits wide or a public thoroughfare which is sixteen cubits wide separates [between one field and another]. [Different rules apply regarding] a private path that is less than four cubits wide or a public path that is less than sixteen cubits wide. If it is permanent, i.e., it is maintained in the summer and in the rainy season, it is considered as a separation. If it is not permanent in the rainy season, it is not considered as a separation and [the entire area] is considered as one field.

There are other factors which constitute a separation into two fields: a) land that was uncultivated, that was neither sown, nor plowed; b) land left fallow, that was plowed, but not sown; c) crops were interrupted with another crop, e.g., there was wheat on either side and barley in the middle; d) one harvested in the middle of his field before the grain reached a third of its maturity and plowed the portion which he harvested. [The above applies] provided the width of each of the above is three rows of plowing. [This is] less than the area necessary to sow a quarter [of a kav]. When does the above apply? With regard to a small field that is 50 cubits by two cubits or less. If it is larger than this uncultivated or fallow land does not cause it to be divided in two unless it was as wide as the area necessary to sow a quarter of a kav. [In this instance,] even the smallest amount of another crop creates a separation.

If locusts consumed [a field] in its midst or ants destroyed it, should one plow the portion that was consumed, it is considered to be a separation.

[The following law applies when one] sows [crops] on a mountain [slope] that is not level, but instead has knolls and hollows. Even though he cannot plow it all at once and sow it all at once, but instead must plow the knolls by themselves and the hollows by themselves, it is considered as a single field. He should leave one portion of pe'ah at the end of the mountain for the entire mountain.

[The following laws apply when one sows crops on] terraced land. [When each terrace] is ten handbreadths higher than the other, one should leave pe'ah [separately] for each terrace. If the heads of the rows are joined together, he should leave one portion of pe'ah for the entire area. If they were less than ten handbreadths higher, he should leave one portion of pe'ah even if the heads of the rows are not joined together. [The following rules apply] if there was a rock covering the surface of the entire field. If he must lift up the plow from one side and place it on the other side, it is considered an interruption. If not, it is not considered an interruption.

When a person sows a field that has trees - even though he sows it in squares between the trees and thus the entire crop does not come together as one - he should give one portion of pe'ah for the entire field. For it is known that it is one field; it is only the place of the trees that causes the crop to be divided.

When does the above apply? When all ten trees were located in an area in which a se'ah [of grain can be sowed]. If, however, all ten trees were located in an area larger than that in which a se'ah [of grain can be sowed], he should leave pe'ah from every square separately. For the trees are far apart and they did not cause him to sow the field in squares.

Similarly, if squares of onions [grow] between vegetables, one should leave a single portion of pe'ah for all the onions even though the vegetables grow between them and cause them to appear as separate squares.

[The following laws apply when a person] sowed an entire field with one crop, but when certain places in the field began to dry out, he uprooted or pulled out the crops that had dried out on either side until the fresh crops appeared as separate blocks. If it was customary for people to sow that crop in individual rows, e.g., dill or mustard seed, he should leave pe'ah for each individual square, for an observer would say: "It was planted in separate rows." If it was a species that was usually sown throughout an entire field, e.g., grain or legumes, he should leave one portion of pe'ah for the entire [field].

When does the above apply? When there were dried out portions on either side and the fresh portion in the center. If, however, the fresh portions are on either side and the dried out portion is in the center, he should leave pe'ah separately for the dried out portion and the fresh portions.

[The following law applies when a person] sowed a field with onions, beans, peas, or the like. If he had the intent to sell some of the fresh produce in the marketplace and leave part of the field to dry out and to be put aside in storage, he is obligated to leave pe'ah separately for both the portion he sells and the portion he harvests for storage. For [produce sold in] the market and produce set aside in storage are considered as two separate types.

When a person sows his field with one species, he should leave one portion of pe'ah even though he collects the crops in two grain heaps. If he sows two species, even though he makes only one grain heap, he should leave pe'ah for each species separately.

[The following law applies when a person] sows two types of the same species, e.g., he sows two types of wheat or two types of barley. If he stores them in one grain heap, he should leave one portion of pe'ah. If he stores them in two grain heaps, he should leave separate portions of pe'ah. This is a halachah communicated by Moses from Sinai.

When brothers have divided [the estate they inherited], they should leave pe'ah separately. If later they joined together in partnership, they should leave only one portion of pe'ah. When partners who have harvested half of a field break up the partnership, [one taking the grain that was harvested already and one taking the standing grain,] the one who took the grain that was harvested does not separate anything and the one who took the standing grain is required to separate only for the half which he took. If, afterwards, they reestablished their partnership and harvested the second half as partners, either one may separate [pe'ah] for his colleague's portion of the standing grain from his own portion of the standing grain, but not for the portion that was already harvested.

[There are situations in which pe'ah may be given from different parts of a field for other parts of the same field that were harvested afterwards. For example, the grain of] half of a field ripened to a third of its maturity and half did not ripen to that extent. [The owner] harvested half of the portion that reached maturity. Afterwards, the remainder of the field ripened to one third and then he completed the harvest of the first half that reached [a third of its maturity] previously. He may separate [pe'ah] from [the crops] harvested first for the middle portion and from the middle portion on the first portion and on the last portion.

[The following laws apply when a person] sells separate portions in his field to different people. If he sold his entire field, each one of the purchasers should leave pe'ah for the portion that he purchased. If the owner of the field had begun to harvest his field and sold a portion and retained a portion, the owner of the field should leave [the amount of] pe'ah appropriate for the entire field. [The rationale is that] since he began harvesting [the field] he became obligated to [separate pe'ah for] the entire [field]. If he sold [the portions of the field] before [he began harvesting], the purchaser should separate [pe'ah] for the portion he purchased and the owner for the remainder.

Only a high fence that separates between [the branches of] the trees divides an orchard with regard [to the laws of pe'ah]. If, however, the fence separates on a lower level, but the branches and the trellises are intermingled above and touch the top of the fence, the orchard is considered a single entity and [only] one portion of pe'ah should be given.

When two people purchased one tree [in partnership], they should leave one portion of pe'ah from it. If one purchased the northern side [of a tree] and the other purchased [the southern side], each one should leave pe'ah individually.

[The following laws apply to] carob trees: Whenever one person stands next to one carob tree and his colleague stands next to another carob tree and they can see each other, [the trees] are considered as in one field and one portion of pe'ah should be left for them. [Different rules apply] if, however, those on the extremes can see those in the center, but those on the extremes cannot see each other, he may separate from those on the extremes for those on the center and from those in the center for those on the extremes. He may not, however, separate from those on one extreme for those on the other extreme.

[The following laws apply to] olive trees: All the trees on one of the sides of a city, e.g., all of the olive trees on the entire western side or the entire eastern side of a city are considered as being from one field and one portion of pe'ah should be left for all of them.

A person who harvests a portion of his vineyard from either side in order to lessen [the demand] on the vines so that the other clusters will have more room and increase in size is called one who reduces. We already explained that a person who harvests from one side is not considered as one who reduces. Therefore he must leave the amount of pe'ah appropriate for the entire field even though he harvested [with the intent of selling the grapes in] the marketplace. If, however, he reduces [the produce on the vines with the intent of] selling [the produce] in the marketplace, he should not leave pe'ah for the produce that he took off. [Nevertheless,] if he reduces [the produce on the vines with the intent of] taking it home, he should leave the amount of pe'ah appropriate for the entire field from [the grapes] he left to be trodden for the vat.

What is meant by leket? Produce that fall from the sickle when one is reaping or falls from his hand when he gathers the stalks [of grain] and harvests. [The above applies] provided only one or two stalks fell. If, however, three fell at the same time, the three belong to the owner of the field. If grain fell from behind the sickle or behind one's hand, it is not leket even if only one stalk fell.

When he was harvesting by hand without a sickle, the stalks that fall from his hand are not leket. When, however, one pulls out crops that are usually pulled out by hand, those which fall from his hand are leket. If he was harvesting [with a sickle] or pulling out crops that are usually pulled out and after he harvested an armful [of produce] or after he pulled out a handful, [the produce] fell from his hand because he was struck by a thorn, [the produce] belongs to the owner.

[The following laws apply if a person] was harvesting and left a stalk of grain standing without harvesting it, although he harvested all the grain around it. If its tip could reach the standing grain at its side and it could be harvested with that grain, it belongs to the owner of the field. If not, it belongs to the poor.

[The following laws apply if] there were two stalks next to each other, the inner stalk could be harvested with [the remainder of] the standing grain and the outer could be harvested together with the inner stalk, but not with the standing grain. The inner stalk is retrieved and it retrieves the outer stalk. For it is considered as falling from the sickle, even though it was not harvested yet. Stalks that are among the straw belong to the owner of the field.

[The following laws apply when] the wind scattered sheaves [of grain] and the harvest belonging to the owner becomes mixed with the leket. We estimate how much leket the field would produce and that amount is given to the poor. [A greater amount is not required] because this comes about due to forces beyond one's control. How much is this measure? Four kabbin for an area in which a kor of wheat would grow.

What should the owner of a field do if leket fell to the ground, it was not collected by the poor and he made a grainheap of his harvest on this earth? He should move his grain pile to another place, [but] all the stalks that are touching the ground belong to the poor. [The rationale is that] we do not know which of them was leket and whenever there is a doubt concerning [whether produce] is from the presents for the poor, [it is given] to the poor. [This is implied by the term (Leviticus 23:22 :] "Leave," i.e., leave from your produce for them.

Why don't we make an estimation and give the poor [the amount that would be left as leket? Because [the owner] transgressed and made his grainheap on leket, he was penalized, even if he did so inadvertently. Even if the leket was barley and he made a grainheap of wheat upon it, even if he called for the poor [to collect the leket] and they did not come, and even if others made the grainheap without his knowledge, all of the produce touching the ground belongs to the poor.

[The following laws apply when a person] must fertilize his field before the poor collect the leket in it. If his loss will be greater than the loss to the poor, he is permitted to fertilize it. If the loss to the poor will be greater than his loss, it is forbidden for him to fertilize. If he collects all the leket and places it on the fence until a poor person comes and collects it, that is an expression of the quality of piety.

When kernels of grain are found in ant holes, if the holes were located in the midst of the standing grain, [the kernels] belong to the owner of the field, for the poor people do not have a right to anything in the standing grain. If they were located in the place which was harvested, they belong to the poor, because perhaps they were taken from the leket. Even if the kernel [in the hole] is black, we do not say that it was from the previous year, because whenever there is a doubt concerning [whether produce] is leket, we consider it as leket.

When a stalk of leket becomes intermingled with the grain heap, the owner must separate two stalks. On the first, he says: "If this is leket, it belongs to the poor. If it is not leket, may the tithes for which I am obligated from this stalk be fixed on the other stalk." He then goes back and makes this same stipulation on the second stalk. He then gives one of the stalks to the poor and the other one will be [part of] the tithes.

A person should not hire a worker with the intent that his son collect the leket after him. Sharecroppers, tenant farmers, and a person who purchased standing grain from a colleague to harvest, by contrast, may have their sons collect after them. A worker may bring his wife and his children to collect leket after him. [This applies] even if he hired him with the intent that he receive half of the harvest, one third, or one fourth as his wage.

A person who does not allow the poor to collect the leket, allows one but does not allow another, or helps one of them, [giving him an advantage] over his colleagues is considered as stealing from the poor.

It is forbidden for a person to have a lion or the like rest in his field so that the poor will fear and flee. When there are those among the poor who are not entitled to collect leket, if the owner can rebuke them, he should. If not, he should allow them [to collect it as an expression of] the ways of peace.

If a person [desires to] declare [produce falling] as leket ownerless, if the majority has already fallen, it is not ownerless. [The rationale is that] once the majority has left his hand, he no longer has authority over it.

What is meant by peret? One grape or two grapes that separate from the cluster in the midst of the harvest. If three grapes fall at the same time, they are not peret.

When a person was reaping [his grape harvest] and cut off a cluster, [that cluster] became entangled with its leaves and it fell to the ground and became divided into individual grapes, it is not peret. If, however, [the reaper] was harvesting and throwing the clusters to the earth, [more stringent rules apply]. Even if half the cluster is discovered [broken into individual grapes], it is peret. Similarly, [even] if an entire cluster was broken up into individual grapes, they are peret. When a person places a basket below the vine at the time he is harvesting, he is stealing from the poor.

What is an olelet? This is a small cluster which is not thick like ordinary clusters and does not have a kataf, nor are its grapes notfot one on top of the other, but rather scattered. If it has a kataf, but not a nataf or a nataf, but not a kataf, it belongs to the owner of the vineyard. If there is a doubt, it should be given to the poor.

What is kataf? Small clusters connected to the central stem [of the larger cluster], one on top of the other. [What is] nataf? Grapes connected to the center stem and hanging down. [The above applies] provided all of the individual grapes in the ollelot can touch the palm of his hand. Why is such [an underdeveloped cluster] called an ollel? Because it is comparable to a developed cluster in the same way an infant is comparable to an adult.

The owner of the vineyard is not obligated to harvest the underdeveloped clusters and give them to the poor. Instead, [he should leave them for the poor] to harvest themselves. An individual grape is considered as an ollelet.

[The following laws apply when] there was a cluster on a branch of a vine and an underdeveloped cluster on an offshoot of the branch. If [the offshoot] can be harvested with the cluster, it belongs to the owner of the vineyard. If not, it belongs to the poor.

When a vineyard is comprised entirely of underdeveloped clusters, it belongs to the poor. [This is derived from Leviticus 19:10:] "Do not collect underdeveloped clusters in your vineyard," i.e., even if it comprises the entire vineyard. [The laws of] peret and ollelot apply only in a vineyard.

The poor do not have the right to take peret and ollelot until the owner of the vineyard begins harvesting his vineyard, as [Deuteronomy 24:21] states: "When you harvest your vineyard, do not collect underdeveloped clusters." How much must [the owner] harvest for [the poor] to receive this right? Three clusters that will produce a revi'it [of wine].

When a person consecrates his vineyard before he becomes aware of the underdeveloped clusters, the underdeveloped clusters do not belong to the poor. If he has become aware of the underdeveloped clusters, the underdeveloped clusters belong to the poor. They must pay a fee for their [increase in value] while they grew to the Temple treasury.

When one prunes a vine after he became aware of ollelot, he may prune according to his ordinary pattern. Just as he cuts off [fully-formed] clusters, he cuts off underdeveloped clusters.

When a gentile sells his vineyard to a Jew to harvest, the Jew is obligated to leave the underdeveloped clusters. When a Jew and a gentile are partners in a vineyard, there is an obligation [to leave] ollelot in the portion belonging to the Jew. That belonging to the gentile is exempt.

When the tithes [of a vineyard] were given to a Levite while they were still tevel, and ollelot were found in them, he should give them to a poor person. If they can be harvested with the cluster, he may use them as terumat ma'aser for other crops.

[The following laws apply when a person] has five vines, harvests them, and [brings the grapes] into his home. If his intent is to eat them while they are grapes, he is not obligated [to leave] peret, shichichah, and [neta] revai'i, but is obligated [to leave] the ollelot [for the poor]. If he reaped them to make wine, he is obligated in all of the above unless he left a portion [unharvested].

In none [of the following situations] is a [forgotten] sheaf [of grain] considered as shichichah. It was forgotten by workers and not forgotten by the owner of the field; it was forgotten by the owner of the field, but not the workers; or both these individuals forgot it, but there were others passing by who observed them at the time they forgot it. [To be shichichah] it must be forgotten by all people. Even a sheaf that was hidden away [purposely], if it is forgotten, it is shichichah.

When the owner of the field was in the city and he said: "I know that the workers forgot a sheaf in this-and-this place," [but afterwards, the owner] forgot it, it is shichichah. If he was in the field and made such statements, but then forgot [the sheaf], it is not shichichah. [The rationale is that,] in a field, [only a sheaf] that was forgotten at the outset is shichichah. In a city, by contrast, even if one remembered it and afterwards forgot it, it is shichichah, as [indicated by Deuteronomy 24:19]: "If you forget a sheaf in the field," [i.e., in the field,] but not in a city.

If the poor stood in front of [the sheaf] or covered it with straw and he remembered the straw, or he took hold of it to bring it to the city, but left it in the field and forgot it, it is not shichichah. If, however, he moved it from place to place, even if he left it next to a gate, a grainheap, cattle, or utensils, and he forgot it, it is shichichah.

[The following rules apply if] he took a sheaf with the intent of bringing it to the city, put it down on another [sheaf], and then forgot both of them. If he remembered the top sheaf before he sees it, the bottom one is not shichichah. If not, the bottom one is shichichah.

If a person's sheaves flew into a field belonging to a colleague because of a strong wind and he forgot a sheaf there, it is not shichichah, for [Deuteronomy 24:19] states: "[If you reap] your harvest in your field." If, however, the wind scattered the sheaves within his own field and he forgot them, it is shichichah.

[The following rules apply when a person] takes the first, second, and third sheaves, but leaves the fourth. If there was a sixth sheaf, the fourth sheaf is not shichichah until he takes the fifth sheaf. If, however, there are only five sheaves, when he bends down to take the fifth sheaf, the fourth is shichichah.

When the sheaves in a field are mixed together, he forgot one of them, it is not shichichah unless he takes everything around it.

Although wild onions, garlic, onions, and the like are buried in the earth, the laws of shichichah apply to them. When a person harvests his field at night and forgets standing grain or he binds the grain into sheaves at night and forgets a sheaf and similarly, a blind man who forgets sheaves, the laws of shichichah apply. If, however, the blind person or the one harvesting at night only intended to take bulky [sheaves], the laws of shichichah do not apply. Whenever a person says: "I am harvesting the field on the condition that I may take what I forget," [his statement is of no consequence and] the laws of shichichah apply. [The rationale is that] whenever a person establishes a condition that contradicts the Torah, the condition is nullified.

When grain was harvested before it fully matured with the intent that it be fed to animals, the laws of shichichah do not apply. Similarly, if a person [binds the grain into] small bundles [as] he harvests without binding them into sheaves or he uprooted garlic or onions and made them into small bundles to sell in the marketplace instead of binding them into larger sheaves to store in a storehouse, [the laws of shichichah do not apply].

When a person began harvesting from the beginning of a row [of grain] and forgot grain both in front of him and behind him, [the grain] behind him is shichichah, [the grain] in front of him is not shichichah, as [implied by Deuteronomy, loc. cit.,]: "Do not go back to take it." [Grain is] not shichichah unless [the harvester] passes it and leaves it behind him. This is the general principle: Whenever the adjuration "Do not return" applies, [the laws of] shichichah apply. Whenever the adjuration "Do not return" does not apply, [the laws of] shichichah do not apply.

[The following laws apply when] two people began to harvest from the middle of the field, one facing north and the other facing south and they both forgot [sheaves] in front of them and behind them. [The sheaves] in front of them are shichichah, because what is in front of one is behind the other. A sheaf that was forgotten behind them in the place from which they began harvesting is not shichichah, because it is combined with the rows that run from east to west and they indicate that this is not shichichah. Similar [concepts apply with regard to] the rows of sheaves that were being moved to the threshing floor and two people began [collecting] them from the middle of the field and forgot a sheaf in the middle, between their backs, [the laws of] shichichah do not apply. [The rationale is that] it is in the midst of the row between the west and the east where they have not begun [collecting]. Its position indicates that it was not forgotten.

[The following rules apply when a person] harvests, binds [the grain] into sheaves, and then moves these sheaves - which are called omerim - from one place to another, and then from the second place to a third, and then from the third to the threshing floor. Should he forget a sheaf when he is moving it from one place to another, if he forgot it when he was moving to a place where work is completed, [the laws of] shichichah apply. Afterwards, when he moves it from the place where the work is completed to the threshing floor, [the laws of] shichichah do not apply. If he moved the sheaves to a place where work is not completed and forgot [them], [the laws of] shichichah do not apply. Afterwards, when he moves it from the place where the work is not completed to the threshing floor, [the laws of] shichichah do apply.

What constitutes a place "where work is completed"? A place where one intends to collect all the sheaves and thresh them there or take them to the threshing floor. What constitutes a place "where work is not completed"? A place where sheaves are collected to bind them into larger sheaves to bring them to another place.

When two bundles [of grain] are separate from each other, [the laws of] shichichah apply. [If there are] three, [the laws of] shichichah do not apply. When two sheaves are separate from each other, [the laws of] shichichah apply. [If there are] three, [the laws of] shichichah do not apply.

When two mounds of olives or carobs are separate from each other, [the laws of] shichichah apply. [If there are] three, [the laws of] shichichah do not apply. When two bundles of flax are separate from each other, [the laws of] shichichah apply. [If there are] three, [the laws of] shichichah do not apply.

When there are two vines - or two of any other tree - are separate from each other, [the laws of] shichichah apply. [If there are] three, [the laws of] shichichah do not apply. [This is derived from Leviticus 19:10] "Leave them for the poor and the stranger." [Implied is that] even if there are two, one should be given to the poor and one to the stranger.

If all the sheaves contain a kab and one contains four kabbim, and it was forgotten, [the laws of] shichichah apply. If it contained more than four kabbim, [the laws of] shichichah do not apply. Similarly, if [the sheaves] all contain two kabbim and there is one which contains more than eight kabbim, [the laws of] shichichah do not apply.

[When one] forgets a sheaf that contains two se'ah [of grain, the laws of] shichichah do not apply, as [implied by Deuteronomy 24:19]: "When you forget a sheaf in the field," i.e., [a sheaf], but not a grainheap. [This applies] even if [one collects all the grain into] sheaves containing two se'ah. When a person forgets two sheaves, [the laws of] shichichah apply even though together they contain two se'ah since each of them individually is less than two se'ah. It thus appears to me that [the laws of] shichichah apply even though together they contain more than two se'ah.

When there are more than two se'ah of standing grain [left unharvested], [the laws of] shichichah do not apply. If less than two se'ah [were left], we consider the thin stalks as if they were healthy and long and those with few kernels as if they were full. If, while such considerations were to be made, [the grain] would be sufficient to produce two se'ah and he forgot it, [the laws of] shichichah do not apply.

When a person forgets a se'ah of grain that has been cut down and a se'ah which has not been cut down, they are not combined and [the laws of] shichichah apply to each of them. Similarly, with regard to garlic, onions, and fruit from trees. If a person forgot a portion of them in [- or attached to -] the ground and a portion of them detached, they cannot be combined [to form a single quantity]. Instead, [even though] together there are two se'ah, [the laws of] shichichah apply to each of them.

When a person forgets a sheaf at the side of standing grain that was not forgotten, [the laws of] shichichah do not apply. [This is implied by Deuteronomy, loc. cit.]: "When you harvest... and you forget a sheaf...." [Implied is that when] a sheaf [is located] in an area that has been harvested, [the laws of] shichichah apply. When a sheaf [is located] in an area where there is standing grain, [the laws of] shichichah do not apply. Similarly, if he forgot standing grain that was located next to standing grain that was not forgotten, even one stem, it rescues the forgotten [grain] and [the owner] is permitted to come and take it. If, however, he forgot a sheaf or standing grain at the side of a sheaf that was not forgotten, even if the sheaf contains two se'ah, it does not rescue the forgotten grain and that grain belongs to the poor. Standing grain belonging to a colleague does not rescue one's own sheaves, nor does standing barley rescue a sheaf of wheat. [Instead,] the standing grain must be of the same species as the sheaf.

When a person forgets a tree among others - even if it carries many se'ah of fruit - or if he forgot two trees, [the laws of] shichichah apply. [If he forgot] three, [the laws of] shichichah do not apply.

When does the above apply? With regard to a tree that is not well known and distinguished by its place, e.g., it was located at the side of the olive-press or an open portion [of a fence], by its yield, e.g., it produced many olives, or its name: e.g., the flowing olive among the olive trees, i.e., that it produces much oil, the outpouring olive, the shameful olive. If, however, it was distinguished in any of these three ways, [the laws of] shichichah do not apply. [This is derived from Deuteronomy, loc. cit.]: "And you shall forget a sheaf in the field." [Implied is that this command applies to] a sheaf that could be forgotten forever which you will not bring to mind unless you return and see it. It excludes this tree that you will remember afterwards even if you do not encounter it, because it is well known and distinguished.

If [a tree] is distinguished in the mind of [the owner], it is as if it is well known and distinguished. If an [olive tree] was located next to a palm tree, the palm causes it to be distinguished. If two trees are "flowing olives," each one causes the other to be distinguished. If, however, one's entire field consists of "flowing olives" and one forgets one or two trees, [the laws of] shichichah apply. When is [the concept that the laws of shichichah do not apply to a tree that is distinguished] relevant? When one has not begun harvesting this distinguished tree. If, however, one began harvesting it and then forgot a portion of it, [the laws of] shichichah apply, even though it is distinguished, provided less than two se'ah [of fruit] remain upon it. If, however, two se'ah [of fruit] remain upon it, [the laws of] shichichah do not apply unless he forgets the entire tree as we explained.

[The following law applies with regard to] an olive tree standing alone in the middle of rows [of olive trees, i.e.,] there are three rows of olive trees surrounding it on three sides, even though each of these rows contains only two olive trees. If [the owner] forgot the olive tree in the middle, [the laws of] shichichah do not [apply], because the rows [of trees] hid it. Why was [this law] stated only with regard to an olive tree? For they were important in Eretz Yisrael at that time.

When do the laws of shichichah apply with regard to [vines lifted on] a trellis? Whenever [the owner has passed the grapes] to the extent that he cannot extend his hand and take them. [When do they apply] in a vineyard? When he passes the vine or the vines and forgets them. [When do they apply] with regard to a vine draped over a high support or a palm tree? When he descends from it. And with regard to other trees? When he turns and walks away from it. When does the above apply? When he did not begin [harvesting its fruit]. If, however, he began harvesting its fruit and forgot it, [the laws of shichichah] do not apply until he harvests all [the fruit in] the surrounding area.

When a person declares his vineyard ownerless and gets up early in the morning acquires it for himself and harvests it, he is bound by [the laws of] peret, ollelot, shichichah, and peah, for this can rightfully be called "your field" and "your vineyard." It was his and now it is his. If, however, he acquired a field that had previously belonged to another person that was declared ownerless, he is exempt from all of these obligations. In all instances, he is exempt from [the obligation of] the tithes, as will be explained.

There is a sixth present [awarded] to the poor from the land's produce: the tithe given to the poor. It is called the tithe for the poor.

This is the order of [the separation of] the terumot and the tithes. After one harvests produce from the earth or fruit from the tree and completes all the necessary work, he separates one fiftieth of the produce. This is called the great terumah and should be given to the priest. Concerning this the Torah states [Deuteronomy 18:4]: "The first of your grain, your wine, and your oil." Afterwards, he separates one tenth from the remainder. This is called the first tithe and must be given to the Levite. Concerning this, the Torah states [Numbers 18:24]: "For the tithes of the children of Israel..." and [ibid.:24] states: "To the descendants of Levi have I given all the tithes within Israel."

Afterwards, he separates one tenth from the remainder. This is called "the second tithe." This belongs to the owners and is eaten in Jerusalem. Concerning this, it is stated [Leviticus 27:31]: "If a person shall redeem his tithes and [Deuteronomy 14:22-23] states: "You shall surely tithe.... And you shall partake of it before G-d your Lord in the place that He will choose."

These portions should be separated in this order in the first, second, fourth, and fifth years of the Sabbatical cycle. In the third and sixth years of that cycle, by contrast, after the first tithe is separated, a different tithe is separated from the remainder and it is given to the poor. It is called the tithe for the poor. In these two years, the second tithe is not separated, only the tithe for the poor. Concerning it is written [Deuteronomy 14:28-29]: "At the conclusion of three years, you shall bring out the tithe of all your grain in that year and deposit it in your gates and the Levite... [and the stranger, the orphan...] shall come." And concerning it, it is written [ibid. 26:12]: "When you will complete your tithing [in the third year]...."

In the seventh year, all [the produce] is ownerless. There is no [obligation to separate] terumah, no tithes at all, not the first tithe, nor the second tithe, nor the tithe for the poor. In the Diaspora where [the requirement to] let the land lie fallow does not apply, [in the seventh year, in Egypt, Ammon, and Moab, we separate the first tithe and the tithe for the poor, because these lands are close to Eretz Yisrael and in this way, the poor people in Eretz Yisrael can rely on [the produce of these other lands] in the Sabbatical year. It is a halachah conveyed to Moses at Sinai that the tithe for the poor should be separated in the lands of Ammon and Moab in the Sabbatical year. In Babylonia, the second tithe should be separated in the Sabbatical year as is the practice in most years.

[After] taking the first tithe, a Levite should separate one tenth and give it to a priest. It is called terumat ma'aser. Concerning this, [Numbers 18:26] states: "To the Levites, say...."

When poor people pass by the owner of the field while he is [in his field] and in possession of the tithe for the poor, he should give each poor person who passes by him [a portion] of the tithe that will satisfy him, [as implied by Deuteronomy 26:12]: "And they shall eat in your gates and be satisfied."

How much is "[a portion] that will satisfy him? If from wheat, he should give him no less than half a kab. If from barley, he should give him no less than a kab. If from spelt, he should give him no less than a kab. If from dried figs, he should give him no less than a kab. If from a mass of figs, he should give him no less than the weight of 25 selaim. If from wine, he should give him no less than half a log. If from oil, he should give him no less than a fourth [of a log]. If from rice, he should give him no less than a fourth of a kab. If he gives him vegetables, he should give him a liter weight, i.e., the weight of 35 dinarim. From carobs, [he should give him] three kabbim; from nuts, ten, from peaches, five; from pomegranates, two; an esrog, one. If he gives him from other produce, he should not give him less than would enable him to sell them and to buy food for two meals with the proceeds.

If one only has a small amount of produce and there are many poor people so that he does not have enough to give each one the appropriate measure, he should place [the entire quantity] before them and they should divide it among themselves.

The owners do not have the right to apportion the tithe for the poor that is given away at the grainheap at their discretion. Instead, the poor come and take it against their will. Even the poor among the Jewish people can expropriate from them. When, by contrast, one gives out the tithe of the poor in his home, he may give it to any poor man to whom he desires.

When a person has [a quantity of] the tithe for the poor in his grainheap and he desires to give it to a poor person who is his relative or acquaintance, he should set aside half of it to give it to him and half to give to all the poor who pass by according to the measures mentioned above.

When does the concept that one must give a poor person enough to satisfy him apply? In the field. If, however, he has tithes in his home, he may divide it among all the poor people, giving each one even only an olive-sized portion, for he is not commanded to give him an amount necessary to satisfy him except in a field, for there are no others there from whom to take, as [implied by] the verse: "And they shall eat in your gates and be satisfied."

If a man and a woman come to [a person possessing tithes] at home, we give to the woman first and allow her to depart and then give to the man. [In the situations, when one] of the pair - a father and his son, a person and his relative, two brothers, or two partners - was poor, the other may give him the tithe for the poor which he possesses.

When two poor people receive a field under a sharecropping agreement, one may separate the tithe for the poor from his portion and give it to his colleague. And his colleague may separate the tithe for the poor from his portion and give it to him.

When a person receives [the right] to harvest a field, he is forbidden to collect leket, shichichah, pe'ah, and the tithe for the poor. When does the above apply? When he accepted a field [with the proviso] that he receive a portion of the produce of the entire field, e.g., he was given a third or a fourth [of the harvest] as his wage. If, however, the owner of the field told him: "You will receive only a third of what you harvest," or "...a fourth of what you will harvest," [the harvester of the field] does not have a right to anything until he harvests it. Hence, at the time of the harvest, he is a poor man. Therefore he is permitted [to collect] leket, shichichah, and pe'ah, but he is forbidden [to take] the tithe for the poor. [The rationale is that] the tithe for the poor is separated only after the harvest is completed and [at that time,] he has already acquired the portion he harvested.

When a person sells his field - both the land and the produce - and becomes impoverished, he is permitted [to collect] leket, shichichah, pe'ah, and tithe for the poor from it. The purchaser is forbidden [to collect] these presents even though he has not paid the money [for the field] yet. Even if he borrowed the money and purchased it, he can no longer collect the presents for the poor.

The tithe for the poor may not be used as payment for a loan, nor can it be given in exchange for favors. It may be used for an act of kindness, but one must tell the recipient that it is the tithe for the poor. It should not be used to redeem captives, given as shushbinut, nor given as a specific gift to charity. It can be given to the sage of a city for his benefit and it may not be taken from Eretz Yisrael into the Diaspora, as [Deuteronomy 14:28] states: "And you shall place it in your gates," and it is written [ibid. 26:12]: "And they shall eat in your gates and be satiated."

1. It is a positive commandment to give Tzedaka to poor people according to what is appropriate for the recipient if the donor can afford it as it says "You shall surely open your hand to him" and it says "And you shall strengthen the stranger and he shall live among you." And it says "and your brother shall live among you."

2. Anyone who deliberately ignores a beggar and does not give to him commits a sin as it says "Thou shalt not strengthen thy heart nor tighten thy hand against your poor brother."

3. You are obligated to give the poor person what he lacks. If he does not have clothing, clothe him. If he does not have furniture, buy him furniture. If he is single, marry him/her off. Even if the poor person used to be extremely rich and ride a horse everywhere and had a slave to run before him, provide that as well as it says "[make up to him] his lack which he lacks." You are commanded to make up what he lacks, but not to enrich him.

4. With regard to an orphan for whom people are seeking to find a wife for him to marry: First, we rent for him a house, provide for him a bed and all his household necessities and then we seek to find a wife for him to marry.

5. When a poor person comes and asks for his needs to be met and the giver does not have the financial capacity, he should give him according to his financial capacity. How much? The most desirable way of performing the mitzvah is to give one fifth of one's financial resources. Giving one tenth is an ordinary measure. Giving less [than that] parsimony. A person should refrain from giving less than a third of a shekel a year. A person who gives less than this has not fulfilled the mitzvah. Even a poor person who derives his livelihood from charity is obligated to give charity to another person.

6. If there is a poor person that you don't know , and he says "I am hungry," you should feed him without ascertaining whether he is being dishonest . Rather you should feed him immediately. If he is unclothed, and he says "clothe me," check to see if he is being dishonest. But if you know him then clothe him immediately ,without checking into him, because it is for his honor (I.e. Dignity).

7. We provide sustenance and clothing for the poor of the gentiles together with the poor of the Jewish people as an expression of the ways of peace. If a poor person begs from door to door, we do not give him a large gift, but we do give him a small gift. And it is prohibited to turn the poor person away empty handed. Even if you give him a single date, as it says, "do not turn the downtrodden away humiliated."

When a poor person travels from place to place, we do not give him less than a loaf of bread that is sold for a punidyon when wheat is being sold for four se'ah a sela. We have already explained all the measures. If he stays overnight, we give him a mattress to sleep on, a pillow to place under his head, oil and beans. If he stays for the Sabbath, we give him food for three meals, oil, beans, fish, and vegetables. If we are familiar with him, we give him according to his honor.

When a poor person does not desire to take charity, we trick him and give it to him as a present or as a loan. When a rich man starves himself, because he is miserly with his money, using it for neither food nor drink, we do not pay any attention to him.

When a person does not want to give charity or desires to give less than what is appropriate for him, the court should compel him and give him stripes for rebellious conduct until he gives the amount it was estimated that he should give. We take possession of his property when he is present and expropriate the amount that is appropriate for him to give. We expropriate property for the sake of charity even on Fridays.

It is forbidden to demand and to collect charity from a soft-hearted person who gives more than is appropriate to charity or from a person who causes himself difficulty and gives to charity collectors so that he will not be embarrassed. When a charity collector embarrasses such a person and asks him [for charity], [the charity collector] will be subjected to retribution in the future, as [implied by Jeremiah 30:20:] "I will visit My providence on those who pressure him."

We do not impose a levy for charity on orphans, even for the redemption of captives, and even if they possess many financial resources. If a judge imposed a levy upon them to heighten their reputation, it is permitted. A charity collector may accept small [donations] from women, servants, and children, but not large donations. For we operate under the assumption that a large amount was stolen or robbed from others. What is meant by a small [donation]? Everything is calculated according to the wealth or poverty of the owners.

A poor person who is one's relative receives priority over all others. The poor of one's household receive priority over the poor of one's city. And the poor of one's city receive priority over the poor of another city, as [implied by Deuteronomy 15:11]: "[You shall surely open your hand to] your brother, the poor, and the destitute in your land."

When a person went on a business trip and the people of the city to which he traveled levy an assessment for charity upon him, he should give it to the poor of that city. If there are many [such individuals] and an assessment for charity was made upon them, they must make the allocation and when they go [to return home], they take [the money] with them and use it to support the poor of their city. If there is a communal sage, they give it to him and he divides it as he sees fit.

When a person says: "Give 200 zuz to a synagogue" or "Give a Torah scroll to a synagogue," we give it to the synagogue which he customarily [attends]. If he would frequent two, [the sum] should be divided among both of them. If he says: "Give 200 dinarim to the poor," we give them to the poor of his city.

Charity is considered as a vow. Therefore one who says: "I pledge to give a sela to charity" or "[I will give] this sela to charity," he is obligated to give it [to charity] immediately. If he delays, he transgresses the commandment against delaying [the observance of one's vow], for he has the capacity to make the gift immediately and [generally,] there are poor people at hand. If there are no poor people at hand, he should set aside [the donation] and put it away until he finds poor people. If he made a stipulation that he is not obligated to make the donation until he finds poor people, he does not have to separate it [until the poor are at hand]. Similarly, if he made a stipulation at the time he made his vow to charity or pledged his donation that the trustees of the charitable fund could exchange it for gold, they are permitted to do so.

When a person extends a vow made to charity, he is obligated as is the case with regard to other vows. What is implied? If he said: "This sela is like this one [given to charity], it is also charity. When a person sets aside a sela and says: "This is charity" and then takes another sela and says: "And this," the second is also charity even though he did not say so explicitly.

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

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

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

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

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

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

It is forbidden for a Jew to receive charity from a gentile in public. If he is unable to subsist on the charity given by the Jews and it is impossible to receive charity from the gentiles in private, it is permitted. When a gentile king or official sends money to the Jews for charity, we do not return it to him so as [not to jeopardize] peaceful relations with the king. Instead, we take [the charity] from him and give it to the gentile poor in secret so that the king will not hear.

Redeeming captives takes precedence over feeding and clothing the poor. And there is no commandment as great as redeeming captives, for a captive is among the hungry, thirsty, naked, and is in mortal danger. And one who averts one eyes from redeeming him/her violates, "You shall not harden your heart, and you shall not shut your hand," and, "Do not stand by your brother's blood," and "You shall not work him with hard labor before your eyes," and has neglected the commandment, "You shall surely open your hand to him," and the commandment, "And your brother shall live with you," "And you shall love your fellow as yourself," "Save those who are take to death," and many like these. And there is no great commandment like redemption of captives.

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

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

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

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

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

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

...If there were many poor people to give charity to or many captives to redeem and there is not enough in the [public] purse to provide for all, clothe or redeem them all, a Kohen comes before a Levi and a Levi before a Yisrael and a Yisrael before a Halal and a Halal before a Shtuki and a Shtuki before an Asufi and an Asufi before a Mamzer and a Mamzer before a Natin and a Natin before a convert - since the Natin was raised with us in holiness - and a convert comes before a released slave since he [the released slave] was among the cursed.

When does the above apply? When the two [captives] were equal in knowledge. If, however, a High Priest was unlearned and a mamzer was a Torah scholar, the Torah scholar receives precedence. Whoever surpasses his colleague in knowledge receives precedence over his colleague. If, however, one [of the poor or the captives] is one's teacher or father, His father or teacher who is a Torah scholar receives precedence over another who surpasses him in wisdom.

Every city that has Jews is obligated to set up charity collectors from among themselves - people that are known and trustworthy - to go around to all of the people from the eve of [one] Shabbat to the eve of [another] Shabbat and take from each and every one that which it is fitting for him to to give and that which is assessed upon him. And they distribute the money from the eve of [one] Shabbat to the eve of [another] Shabbat and they give provisions that will suffice for seven days to each and every poor person. And this is what is called the kuppah (container).

And so [too], they set up collectors that take bread and types of produce or money from each and every courtyard from whoever donates it at that time on each and every day. And they distribute that which was collected on the eve among the poor people and give sustenance for the day to each poor person. And this is what is called the tamchui.

We have never seen or heard of a Jewish community that does not have a charity kuppah. But [regarding] a tamchui, there are places where they are accustomed to having it and there are places where they are not accustomed to having it. And the [more common] custom today is is that the kuppah collectors go around on each day and distribute [what they collect] from the eve of [one] Shabbat to the eve of [another] Shabbat.

On fast days, we distribute food to the poor. Whenever there is a fast day on which the people eat and went to bed without distributing charity to the poor, they are considered as murderers. Concerning them, the Oral Tradition says [Isaiah 1:21]: "Charity is held overnight and now [you are] murderers." When does this apply? When they did not give them bread and fruit which is [usually] eaten together with bread, e.g., dates and grapes. If, however, they delayed the delivery of money or wheat, they are not considered as murderers.

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

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

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

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

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

If a charity trustee is owed money by a colleague and [the latter] pays him in the marketplace, he should not put [this money] in his pocket, but instead into the wallet of the charitable fund. When he comes home, he should take it [for himself]. He should not count out the money of the charitable fund in pairs, but rather one coin at a time, lest suspicions be aroused, as [implied by Numbers 32:22]: "And you shall be guiltless in the eyes of G-d and Israel."

When the trustee of a charitable fund does not have poor people to whom to distribute the money, he may exchange the coins for dinarim. Another person, however, [should carry out the transaction], not he himself. When the trustee of a tamchui does not have poor people to whom to distribute [the food he collected], he should sell it to others, but not to himself. We do not enter into a reckoning with the trustee of a charitable fund concerning the charity he collected or with the treasures of the Temple regarding funds consecrated to them, as stated [in II Kings 22:7]: "No reckoning shall be made with them for the money entrusted to them because they are acting in good faith."

We force one who dwells in a city for thirty days to give charity to the kuppah [alongside] the people of the city. If he dwells there three months, we force him to give to the tamchui. If he dwells there six months, we force him to give charity for clothing with which we clothe the poor of the city. If he dwells there nine months, we force him to give charity for burial [costs], with which we bury poor people and take care of all the burial needs.

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

When a poor person is in need, but owns a courtyard and household utensils - even silver and golden utensils - we do not obligate him to sell his house and his personal possessions. Instead, he is permitted to accept [charity] and it is a mitzvah to give him. When does the above apply? With regard to eating utensils, drinking utensils, clothing, bedding, and the like. If, however, he owns a golden comb or pestle or the like, he should sell them and buy less valuable ones. When does the above apply? Before he has descended to the level where he takes charity from people at large. Once he collects charity [from the community], we obligate him to sell his utensils and purchase lesser ones and then accept charity.

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

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

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

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

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

We are obligated to be careful about the commandment [to give] charity, more than any other positive commandment for charity is a sign of the righteous, the seed of Avraham, as it says "For I have known him, to the end that he may command his children and his household after him, that they may keep the way of the LORD, to do righteousness... " And the seat of Israel is not established nor is the True Faith preserved except through charity as it says "In righteousness shalt thou be established" nor shall Israel be redeemed except through charity as it says "Zion shall be redeemed with justice, and they that return of her with righteousness."

A person is never impoverished through charity and no bad thing nor any damage is caused by charity as it says "And the work of righteousness shall be peace." Anyone who is merciful, [G-d is] merciful towards them as it says "and give thee mercy, and have compassion on thee and increase thee." And anyone who is cruel and not merciful, is under suspicion [regarding] his lineage for cruelty is only found among pagans as it says "they are cruel, and have no compassion." All of Israel and all who are attached to them are like brothers as it says "Ye are the children of the LORD your G-d" and if a brother will not have compassion for his brother, who will have compassion for him? And to whom will the poor of Israel lift their eyes? To the gentiles who hate them and pursue them?! Their eyes look only towards their brothers.

Anyone who ignores [the chance to give] charity is called a barbarian just like a pagan is called a barbarian. Regarding pagans, it says "Certain barbarians are gone out etc." and regarding one who ignores [the chance to give] charity it says "Beware there not be a barbaric thought in your heart etc." and is called "evil" as it says "the tender mercies of the wicked are cruel." And he is called a "sinner" as it says "and he cry unto the LORD against thee, and it be sin in thee." And G-d is close to the pleas of the poor as it says "thou hearest the pleas of the poor." Therefore one must be wary of [making them] cry out for they have a deal cut with them [and G-d] as it says " and it shall come to pass, when he crieth unto Me, that I will hear; for I am gracious."

One who gives charity to a poor person with bad grace, and his face in the ground (i.e. with a bad attitude) , even if he gave a thousand gold pieces he has destroyed his merit and lost it, rather [we must] give with a cheerful expression and gladly, and commiserate with him about his troubles as it says "If I have not wept for him that was in trouble, and if my soul grieved not for the needy" and speak gracious and comforting words to him as it says "and I caused the widow's heart to sing for joy."

[If] a poor person asks you [for money] and you have nothing to give him, placate him with words. It is forbidden to rebuke him or to raise your voice at him because his heart is broken and crushed and it says "a broken and a contrite heart, O G-d, Thou dost not despise." And it says "to revive the spirit of the humble, and to revive the heart of the contrite ones." Woe is he who shames a poor person, woe is he! Rather be like a father to him, both in mercy and in words as it says "I was a father to the needy"

The reward of one who forces others to give charity and compels them [to do so] is greater than [that of] the giver, as it says (Isaiah 32:17), "And the deed (which the Rabbis in Bava Batra 9a interpret as 'the compeller') of charity is peace." And about collectors of charity and those similar to them, it says (Daniel 12:3), "and those that find justification (interpreted as those that cause charity) for the masses are like the stars."

There are eight levels of charity, one above the other. The greatest level that has nothing above it is to strengthen the hand of a Jew who has become poor and give him a gift or loan or create a partnership with him or make up some work for him, so as strengthen his hand until he does not [any longer] need to ask others [for help]. And about this it is said (Leviticus 25:35), "and you shall strengthen the hand of a stranger and a resident and he shall live with you;" meaning, strenghten him until he no [longer] falls and becomes needy.

Lower than that is when one gives charity to the poor and does not know to whom he is giving, and the poor person does not know from whom he is taking - since, behold, this is [performance of] the commandment for its own sake. Like this was the secret chamber which was in the Temple, to which the righteous would give secretly and from which the poor of the wealthy families would support themselves secretly. And approaching this is the one that gives to the charity box. And a person should not give to the charity box, unless he knows that the one in charge of it is trustworthy and wise and knows how to manage it appropriately, like [was the case with] Rabbi Chananya ben Tradyon.

Lower than that is when the giver knows to whom he is giving, but the poor person does not know from whom he is taking. An example of this were the greatest of the Sages who would secretly go and place the money at the entrances of the [homes of the] poor. And it is fitting to do like this. And it is a good level when the charity managers are not behaving appropriately.

Lower than that is when the poor person knows from whom he took and the giver does not know. An example of this were the greatest of the Sages who would bundle money in their sheets and lower them behind them and [then] the poor would come and take [the money], so that they would not feel embarrassment.

Lower than that is when one gives it to him in his hand before he asks.

Lower than that is when he gives it to him after he asks.

Lower than that is when he gives him less than what is fit, [but] with a pleasant demeanor.

Lower than that is when he gives it to him sadly.

The greatest of the Sages would give a small coin to a poor person before every prayer and afterwards they would pray, as it is said (Psalms 17:15), "I will see Your face in righteousness (alluding to charity)."

One who gives sustenance to his older sons and daughters who he is not obligated to sustain in order to teach the males Torah and to guide the daughters in the straight path, such that they not be disgraced; and so [too] one who gives sustenance to his father and his mother - behold, this is in the category of charity. And it a great [form of] charity, since the one who is closer is prior [to others]. And any one who gives food and drink from upon his table to the poor and to orphans - behold, [when] this one calls to G-d, He answers him and and he is made to enjoy, as it says (Isaiah 58:9), "He will then call and the LORD will answer him."

The Sages commanded that the poor and orphans should be [part of] a person's household. Instead of [using] slaves, it is better for him to use these and benefit the children of Avraham, Yitschak and Yakov from his possessions, and not to benefit the seed of Cham from them. Since anyone who who uses many slaves adds sin and iniquity to the world each day. But if the poor are of his household [instead], he increases merits and [the performance of] commandments each day.

A person should always push himself and live in misery and not require help from others and not thrust himself upon the community. And so [too], did the Sages command and say (Pesachim 112a), "make your Shabbat to be like a weekday and do not require help from others." And even if he was a sage and an honored man and became poor, he should engage in crafts - and even in abject crafts - and not require help from others. It is better to flay the skins of animal carcasses than that he should say to the people, "I am a great sage, I am a priest (Kohen), support me;" and this is what the Sages commanded. There were from the greatest of the Sages wood-choppers, beam carriers, water bearers [who would bring it] to the gardens and iron and coal makers; and they would not ask [for help] from the community and would not take it from them when they [offered to] give it to them.

Anyone who does not need to take [charity], and tricks the people and takes [it], will not die of old age without having to need the help of others. And behold, he is included in [what is said] (Jeremiah 17:5), "Cursed is the man who trusts in mortals." And anyone who needs to take [charity] and cannot live unless he takes [it] - for example, an elderly person or a sick person or someone in great pain - and makes himself proud and does not take [it], behold, such a one is a spiller of blood and is liable to recieve the death penalty. And he does not get anything for his pain other than sins and guilt. And anyone who needs to take [but is able to somehow do without it] and pushes it off and lives a life of misery so as not to burden the community, will not die of old age without supporting others from his own [income]. And about him and all those similar to him, it is said (Ibid., Verse 7), "Blessed is the man who trusts in the LORD." We have completed the Laws of Gifts to the Poor, with G-d's help.