English translation — בחוקותי ג

A.

At the conclusion of the laws of valuations and devoted things¹

in the book "Yad," the Rambam writes: A person should never consecrate or devote all his property,

and one who does so transgresses the intent of the verse,

for it says²

from all that is his,

and not all that is his,

as the Sages explained³.

And this is not piety but foolishness⁴,

for he destroys all his money and will need [help from] creatures.

And they do not have mercy on him.

And about this and the like the Sages said⁵

a pious fool is among those who destroy the world.

Rather, whoever distributes his money for mitzvos should not distribute more than a fifth⁶.

And it will be as they commanded⁷

prophets⁸

who order his words with justice,

both in matters of Torah and in matters of the world.

Even regarding offerings that a person is obligated [to bring], the Torah had mercy on money and said⁹

that he should bring according to his means,

all the more so regarding matters that he is not obligated in except due to his vow, that he should not vow except as is fitting for him,

as it is said¹⁰

each man according to the gift of his hand, according to the blessing of the Lord your God which He has given you.

From the general words of the Rambam "Rather, whoever distributes his money for mitzvos should not distribute more than a fifth" it is seemingly implied,

that also in matters of charity

(the mitzvah of charity)

a Jew should give no more than a fifth of his assets,

and certainly not all his assets.

We find, however,

that the Alter Rebbe elaborates on the matter of giving charity more than a fifth of his assets and even giving away for charity everything he has — as the Alter Rebbe writes in Igeret HaTeshuvah¹¹

regarding redeeming a fast by giving money for charity "and even if it amounts to a certain sum¹²

one need not be concerned about 'one should not spend more than a fifth,'

for it is not considered waste in such a case since he is doing it to redeem his soul from fasts and afflictions,

and it is no less than healing of the body and his other needs."

And so the Alter Rebbe also explains in his holy letter¹³,

that a Jew must "scatter" his money on charity without limit in order to thereby rectify

(the corruption and blemish caused by)

the sins that he committed: and the Alter Rebbe warns: and what is said 'one who spends should not spend more than a fifth,'

that is specifically for one who has not sinned or who has rectified his sins ..

but one who still needs to rectify his soul,

it is obvious that healing of the soul is no less than healing of the body,

where money is not considered¹⁴,

<b>And all</b> that a man has he will give for his soul, it is written<sup>15</sup>.

And this the Alter Rebbe writes as a matter that is relevant to practical halachah — and he concludes

(there in Iggeret HaTeshuvah)

"Now it is customary <b>all who tremble</b> <b>at the word of the Lord</b> to increase <b>very very</b> in charity"; and thus he also concludes

(in Iggeret HaKodesh)

that he can distribute for charity "<b>without limit</b><sup>16</sup>

to rectify his sins etc. <b>We need</b> to conduct ourselves etc. without limit".

2.

It will be understood with an introduction a contradiction in the words of the Rambam himself:

In his commentary on the Mishnah¹⁷

"These are things that have no measure ..

acts of lovingkindness" says the Rambam¹⁸

: "What it says here 'acts of lovingkindness have no measure,'

means to help a person <b>with his body</b>¹⁹,

but that he helps him with his money — it has a measure,

and it is a fifth of his money,

and he is not obligated to give more than a fifth of his money,

unless he did so in the measure of piety."

So here the Rambam says that from the side of the measure of piety there is a place to give charity and acts of lovingkindness more than a fifth of his money — and in the aforementioned law in the book "Yad" he writes,

that scattering more than a fifth "is not piety but foolishness"!

Also one must understand:

In the Mishnah in Arachin it says²⁰

: A person may consecrate his flock and his cattle etc., and if he consecrated all of them, they are not consecrated,

the words of Rabbi Eliezer.

Rabbi Elazar ben Azariah said: If for the Most High

A person is not permitted to consecrate all his property,

all the more so that a person should spare his property.

There the Gemara asks on the Mishnah: "Said Rabbi Elazar ben Azaryah ...

that is the first Tanna" and the Gemara answers: "There is a difference between them [based on] that of Rabbi Ila, for Rabbi Ila said: In Usha they enacted: One who gives away should not give away more than a fifth."

There Rashi explains in his commentary²¹

: Rabbi Elazar ben Azaryah holds like Rabbi Ila,

for he comes to teach us that a person should spare his property,

Rabbi Akiva does not hold like Rabbi Ila,

for if he gave away much, we do not care,

but he left for himself a little,

similar to consecration.

D.

E.

So the Tanna Kamma does not hold like R. Ila that there is a measure of a fifth,

and a person can declare more than a fifth of his property as cherem; and the method of R. Elazar ben Azaryah is like R. Ila,

that he should not declare more than a fifth as cherem.

And according to this,

since in the Commentary on the Mishnah the Rambam adopts the opinion of R. Ila,

that there is the measure of "a fifth of his property" — why does he say that from the aspect of the measure of piety he may give "more than a fifth",

when we find his opinion elsewhere

(in the Laws of Valuations and Devoted Things)

that the measure "he should not spend more than a fifth" negates the "more" even from the aspect of the measure of piety?

3.

Commentators²²

explain,

that in the two places mentioned above

(in the laws of valuations and devoted things and in his Commentary on the Mishnah)

the Rambam speaks about two manners in charity:

In the Commentary on the Mishnah the Rambam speaks about a case when the person becomes obligated in giving charity because he has before him the poor or other unfortunates and they seek and ask for help,

and in his language "when a person sees captives that he is obligated to redeem them etc. or hungry or naked that he is obligated to feed them and clothe their nakedness as it is said²³

his lacking which is lacking to him" — then "less than a fifth of his property or up to a fifth of it" he must give from the aspect of obligation,

and from the aspect of the measure of piety he can give more than a fifth.

In the laws of valuations and devoted things, but the Rambam discusses when he comes to distribute his money to the poor voluntarily and of his own accord "like one who consecrates and devotes"²⁴,

and upon this applies the fixed measure of "a fifth" and more than this he may not give even from the aspect of piety²⁵.

4.

And one may add to this,

that the difference between the two aforementioned places in the Rambam does not consist

(only)

in the two specific manners in the commandment of charity

(whether there are needy poor before him or he distributes charity of his own accord)

— but

(also)

in the distinction between the definition of the commandment of valuations and devoted things and the definition of the commandment of charity²⁶

The definition of the mitzvah of valuations and devoted things is,

as the Rambam explains there in the previous halacha²⁷

: the dedications

And devoted things and valuations are <b>mitzvot</b> and it is fitting for <b>a person</b> to conduct himself with these matters in order to subdue his evil inclination and not be <b>stingy</b> — that is, that in the giving of valuations and devoted things the benefit for the <b>giver</b> is emphasized²⁸

and not that which the recipient

(dedication etc.)

needs it.

But not so in the explanation of the Mishnah,

regarding matters of charity and acts of lovingkindness,

the definition of the commandment there is that the giving is for the sake of the recipient,

to fill "his lack" of the poor person,

and in the language of the Rambam²⁹

"It is a positive commandment to give charity to the poor according to what is appropriate <b>for the poor person</b>"³⁰.

And therefore,

in the laws of valuations and devoted things, the Rambam writes in a general manner: one should not scatter more than a fifth

(without any distinctions or exceptions),

that he should not give more than a fifth even from the aspect of the measure of piety

(because in this case it is,

as the Rambam emphasizes,

not at all a measure of piety)³¹

; but not so in

Explanation of the Mishnayos,

where it speaks about the commandment of charity,

whose definition is &lt;b&gt;the need of the poor&lt;/b&gt;,

there the Rambam adds that he may give also more than a fifth

(although he is not obligated)

— from the measure of piety&lt;sup&gt;32&lt;/sup&gt;.

5.

With this one can also explain the change in the words of the Rambam in two more places:

a)

In the laws of gifts to the poor³³

the Rambam writes: "If a poor person came and asked for his need, and the giver's hand does not reach, he gives according to the reach of his hand. And how much? Up to a fifth of his possessions is the choice mitzvah": That which the Rambam is precise to say the positive aspect that he should give up to "a fifth of his possessions" — and not the negative aspect,

that more than a fifth he should <b>not</b> give — is because from the perspective of the definition of "the laws of gifts to the poor",

the <b>need</b> of the <b>poor person</b> — he can add and give more than a fifth of his possessions

(from the aspect of the measure of piety³⁴).

because when charity to the poor³⁵

is

(according to the Rambam's view)

there is entirely no prohibition of "one should not spend more than a fifth"³⁶].

b)

the words of the Rambam — Laws of De'ot³⁷,

where he rules "and it is forbidden for a person to make ownerless or consecrate <b>all his possessions</b> and burden the creatures",

so the prohibition is specifically regarding "<b>all his possessions</b>" — unlike what he says in Laws of Arakhin and Charamim,

that he should not give "<b>more than a fifth</b>":

In Laws of De'ot the Rambam speaks about how the <b>person</b> must conduct himself properly in matters of his opinions and his behaviors etc.,

therefore he cannot rule here as a general rule,

that he may not scatter more than a fifth — because in the conduct of the person there are cases when he may

(and must)

give

- more than a fifth,

and for example³⁸

—by charity to the poor

(and especially when the poor person is standing before him and asks for charity for his needs etc.)

but not in the laws of valuations and devoted things,

where from the aspect of the commandment of valuations etc. there is in any case no place to distribute more than a fifth,

also not from the aspect of the measure of piety,

as above.

6.

Based on the above

(So the matter of "he should not give more than a fifth" depends on which category of commandment one is speaking about)

— one can also explain, in my humble opinion, what the Alter Rebbe says, that one should give charity not only "more than a fifth" but even more,

to give away "&lt;b&gt;all&lt;/b&gt; that a person has" — which is a &lt;b&gt;third&lt;/b&gt; manner,

namely, not

(a)

up to a fifth&lt;sup&gt;39&lt;/sup&gt;,

(b)

or "more than a fifth" but with the limitation that not "all his possessions"

(as the Rogatchover&lt;sup&gt;40&lt;/sup&gt;

explains: And it appears there from the words of our teacher

(in the commentary on the Mishnah)

that all his money is not the measure of piety, but more than a fifth is fine&lt;sup&gt;41&lt;/sup&gt;

permitted&lt;sup&gt;42&lt;/sup&gt;)

(c)

"all that a person has":

This that from the aspect of the measure of piety a Jew can give "more than a fifth" but not all his possessions

(the second manner)

is still connected with the definition of the commandment of charity,

whose content is to help the poor,

but that which the Alter Rebbe in Igeret HaTeshuvah and Igeret HaKodesh speaks,

is about such a giving to charity whose primary content is not

only

— only

(only)

from the aspect of the obligation to help the &lt;b&gt;poor&lt;/b&gt;,

but for the sake of the obligation "&lt;b&gt;to rectify his soul&lt;/b&gt;" and "to redeem his soul from afflictions and fasts" —

And since this is a matter of his own self,

it is understandable that he is "prior to his money" and especially when this is a matter of &lt;b&gt;his soul&lt;/b&gt;

(like the case of danger to life),

therefore in this there is no measure and limitation,

also not the limitation of "all his possessions",

because "all that a man has he will give for his soul"&lt;sup&gt;43&lt;/sup&gt;.

7.

And one may say,

that the three modes in giving of one's money have their counterparts,

they are reflected in the inner dimensions of the matters,

in the three general levels in divine service⁴⁴

The definition of giving of the mitzvos of valuations and devoted things indicates a level in divine service,

when the person stands

(still)

within the measures and limitations of his existence,

and as above in the words of the Rambam "It is fitting for a person to conduct himself in these matters in order to subdue his inclination <b>and not</b> <b>be miserly</b> etc.": he is thereby not

(so)

the need of the consecrated property,

rather his own benefit,

that although this is a need and benefit of holiness,

to subdue the evil inclination and his traits

("not be miserly"),

nevertheless it is still for himself in the language of the Talmud⁴⁵

for his own sake; and because he stands

(still)

within the measure and limitation of his existence,

therefore in accordance with this is his obligation of the mitzvah — which indicates the manner of his attachment and connection with the Above

(and the flow that he draws down from above)

— also within measure and limitation.

And based on this we can explain

(by way of a hint at least)

the precise language of the Rambam "And one who does so transgresses the <b>mind</b> of the verse, as it says 'from all' etc."

(an expression

(and lengthiness)

unusual,

for seemingly the Rambam should have said "transgresses what is said" and the like)

Since the Jew is still within the category of his existence,

then his service is according to reason <b>and mind</b> of holiness — in his standing and situation there is no place for the service that is above reason and mind.

Therefore the Rambam concludes,

that for a Jew who has not yet reached this level, "this is not piety"

(foolishness of holiness,

a conduct beyond the letter of the law)⁴⁶

but foolishness"

(that is below reason and mind)⁴⁷].

When a Jew in his service goes out from the limitation of his existence and he seeks not

(specifically)

<b>his</b> own benefit

(even of holiness),

but he thinks about the other Jew's needs,

this is a service above measure and limitation — and this expresses itself in the commandment of charity,

whose definition and essence is,

that the giver gives not for his own benefit,

but

(mainly)

for the need and good of the poor⁴⁸

; and therefore also the commandment

(also the joining and connection and the drawing down from above that is through it)

is not measured and limited in the measure of a fifth specifically.

Although that which a Jew bends also himself and thinks about another Jew is a movement of going out from the limitations of his existence — this is however still not a level that is entirely above measure and limitation; for by him there is a calculation and measure

(at least)

in relation to the other — "according to what <b>is fitting for the poor</b>".

Above this is the type of service "to correct his soul": because this is connected with the very essence of man's existence and life, in the manner of life-threatening danger,

in this there is absolutely no room for calculation and measurement,

and in his service — the service of with all your might,

which comes from the aspect of the yechidah in the soul

(yechidah to unify You,

which is one thing with the Supreme One Himself)

— therefore, from the aspect of this level, the service is truly without limit,

there is no room for any calculation and measurement,

"All that a man has he will give for his soul."

8.

And behold, since from the aspect of the boundary of the commandment of charity a Jew must give, in the manner of piety, also "more than a fifth"

(and especially when the poor person comes and asks for his needs)

— it is understood,

that just as this is in the measure and conduct of man,

so too is it

(and all the more so)

regarding the charity of the Supreme One — "for

G-d is charity": since Jews pray,

they come and ask that the Supreme One should give them "their needs"

("charity"),

the Supreme One must, as it were,

fulfill their request and give them "more than a fifth",

and this means more than a fifth, as it were, of His,

of the Supreme One's,

assets!

And all the more so when this has to do with the highest and most essential aspect of tzedakah and chessed — pidyon shevuyim⁵¹,

redeeming the Jews from exile through the complete redemption.

And moreover from this

(— without any comparison),

since this is, as it were, relevant to the Most High Himself: because in addition to this,

that every Jew is a "&lt;b&gt;portion&lt;/b&gt; of G-d from above &lt;b&gt;literally&lt;/b&gt;"⁵²

(and therefore,

when the Jew

(the "portion")

is in exile,

it affects, as it were, the Most High),

it is well known that "the Shechinah is in exile"⁵³,

that the Most High is, as it were, in exile; and as it is written⁵⁴

: "And the L-rd your G-d will return your captivity",

"And He will bring back is not said, but rather 'and He will return'"⁵⁵

— it is certainly and certainly that in this &lt;b&gt;there are absolutely no limitations&lt;/b&gt;,

because "everything that a man has — there is no man but the Holy One, blessed be He,

as it is said⁵⁶

The L-rd is a man of war⁵⁷

— he will give for his soul".

And this means

(simply)

that the promise of redemption "as in the days of your exodus from the land of Egypt" should be immediately fulfilled,

that "the place does not delay even the blink of an eye"⁵⁸,

In one hour and in one moment⁵⁹

Jews go out from exile "and you will be gathered one by one, O children of Israel"⁶⁰,

"with our young and with our old, with our sons and with our daughters"⁶¹

and "their silver and their gold with them"⁶²

— "and the Lord your God will <b>return</b>

(the Shechinah in exile)

your <b>captivity</b>",

and one comes to our holy land "a land which... the eyes of the Lord your God are always upon it, from the beginning of the year to the end of the year"⁶³,

and one merits the fulfillment of the promises "except⁶⁴

that there will be no needy among you etc." "there will⁶⁵

be no famine there etc., delicacies abundant as dust etc.",

in the true and complete redemption,

through our righteous Mashiach,

speedily in our days, literally.

(From the talk of Shabbos Parshas Re'eh 5744)