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LEVITICUS — 25:35 uphold

LEV1056 Where many applicants for loans approached him, one needing a larger sum, and each of the others requiring a small amount, and by lending to the first applicant he would have none left for the others, then the lending of small amounts to the many is preferable to the lending of a large sum to a single borrower. Each individual loan constitutes a fulfillment of a positive mitzvah and the Tanna has already declared (Avoth 3:15): "All depends on the number of acts." (See Rambam: Mishnah Commentary, ad loc.). If, however, the applicant for the larger sum would thereby be saved from complete financial ruin, he might take priority over the others, since here an additional mitzvah is involved, viz. [this verse]. In assisting the many, the mitzvah of giving loans, alone, is fulfilled.

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LEVITICUS — 25:35 uphold

LEV1052 Some people are afraid that the debtor will not repay the loan. They are unwilling to accept any security. Yet one should earnestly reflect before he releases himself from this obligation. Firstly, if the amount is small he would, regardless, be bound to give the money to this man as charity, or in fulfillment of the mitzvah [this verse]. So he certainly is duty-bound to lend the money, even if there is some danger of financial loss. Even if the sum would not be returned to him, he would still have to give it to the person for the reasons we have mentioned above. And even if these reasons could not be applied in a specific case, as where the amount exceeds what he is obliged to give to charity, or where the mitzvah of "You shall uphold him" is not involved--once the borrower offers him a reliable security, he can no longer free himself from the obligation to accept the pledge (unless the borrower is a violent person who can force him to return the article before the loan is repaid). There is another argument motivated by fear. The person approached is concerned that he might need the money at short notice. This argument has some validity. If he needs the money for his household expenses, he certainly takes priority, for his own life comes before his neighbor's. He is also justified where an investment is immediately available, or where he has been approached to give the free loan for a long term, since in this case it is normal for some investment opportunity to present itself during a longer period of time. Still, for someone to refrain from granting a short term loan to the needy while his money lies idle, on the chance that some profitable transaction might suddenly arise, is not a reasonable excuse, unless the person really expects to engage in some enterprise in the near future, and he could not do so without this money. Take note, however, that these considerations apply to a person who is not especially wealthy. He expects the business investment to yield him a living for his household. A really rich person, however, who possesses idle cash, is certainly duty-bound to make the loan if the person requesting it is trustworthy or prepared to offer security, even if this loan would preclude him from investing this some in other business interests. The positive commandment of "When you lend money to the poor" devolves upon everyone in proportion to his means (Sefer Hachinuch, Mitzvah 66). In this instance, his means are certainly sufficient. The principle of his life taking precedence over his neighbor's certainly does not apply. This rich man would only use his money to increase his wealth still further, while the borrower would use it for his basic necessities. If the rich man's argument is sustained, there would never be a limit. He could always keep on acquiring new business interests. No amount of investment capital would ever be sufficient for him. He would forever be exempt from the mitzvah of lending to the poor. There is a third reason, also motivated by fear, for a person refraining from performing the mitzvah of gemiluth chesed. He is apprehensive that the public will become aware of his wealth. He would then be subjected to pressure to contribute to communal needs. This contention is certainly groundless. Shall one be absolved from his duty to observe a positive commandment of the Torah because of this fear? This contention has no more validity than the argument of the person who refrains from giving charity for he is afraid of losing his money. In the present case, many Biblical verses and Rabbinical literature indicate that the sin is grave, and the punishment is the loss of one's property in this world, as is evident from the Gemara (Kethuvoth 66b). Tanna debei Eliyahu Zuta (Chap. 4) declares: "If you have given charity, you will acquire possessions. If you have acquired possessions, give them as charity while they are still in your hands. Buy this world with them, and you shall inherit the world to come. For if you do not use them for charity, they will soon depart, as it is said (Proverbs 23:5): 'Shall your eye make it fly away and be gone?'" (Continued at [[DEUT156]] Deuteronomy 5:10 give AHAVCH 110-1).

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LEVITICUS — 25:35 uphold

LEV1044 … prevention is better than cure. Specifically, it is better to come to a person's aid when his or her problems are just beginning rather than after he or she becomes destitute. “If your kinsman, being in straits, comes under your authority, you shall uphold him” (Leviticus 25:35). Do not allow him to fall into utter poverty. The injunction may be explained by analogy with a load on a donkey: as long as he is standing up, one may grab him [to keep him from falling] and keep him standing upright. Once he has fallen, however, five men cannot make him stand up again (Sifra, Leviticus, on Leviticus 25:35 [ed. Weiss, p. 109b]).

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LEVITICUS — 25:35 uphold

LEV1047 It is a positive commandment to give alms to the poor of Israel, according to what is fitting for them, if the giver can forward it, as it is said, "You shall surely open your hand into him" (Deuteronomy 15:8), and again, "Then shall you uphold him; as a stranger and a settler shall he live with you… That your brother may live with you" (this and following verses). He who sees a poor man begging and turns his eyes away from him and fails to give him alms, transgresses a negative commandment, as it is said, "You shall not harden your heart nor shut your hand from your needy brother" (Deuteronomy 15:7). You are commanded to give the poor man according to what he lacks. ... "Sufficient for his need in that which he needs" (Deuteronomy 15:8).

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LEVITICUS — 25:35 uphold

LEV1053 There are eight degrees of almsgiving, each one superior to the other. The highest degree, than which there is none higher, is one who upholds the hand of an Israelite reduced to poverty by handing him a gift or a loan, or entering into a partnership with him, or finding work for him, in order to strengthen his hand, so that he would have no need to beg from other people. Concerning such a one Scripture says (this verse), meaning uphold him so that he would not lapse into want.

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LEVITICUS — 25:35 uphold

LEV1045 "If your brother be waxen poor and his means fail him when he is with you, then you shall uphold him" The Torah obligates us to give financial aid to a fellow Jew in order to prevent his becoming poor. This could be in the form of a grant, a loan, or a source of income (Rambam Matnos Aniyim 10:7). If you relate loshon hora and as a consequence the subject loses his job or income, you have violated this commandment.

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LEVITICUS — 25:35 uphold

LEV1055 We are obligated to aid someone who is on the brink of poverty to gain a livelihood. The Rambam writes that this verse refers to the highest level of charity which is giving someone a present or loan, taking him as a partner, or finding him work, before he needs to ask for charity. (Hilchos Matnos Aniyim 10:7). In Sifre this situation is compared to a heavy load on a donkey. While the load is still on the donkey, one person can easily support it. Once it falls, however, even five people have difficulty lifting it. Very often a small loan can save a person's business, but if the business fails completely, that person will need a large amount of money to start anew. Below are the basic laws of this commandment: 1) If someone is out of work, it is a truly great mitzvah to find him a job. If you are unable to employ him yourself, you should speak to other employers on his behalf. (Ahavas Chesed 2:21). 2) If someone needs to borrow money to start a business, it is a big act of kindness to allow him to pay back in small amounts. If you insist that he should pay back in one lump sum, he might be back to where he started. (Ahavas Chesed, ibid). 3) If someone's means of livelihood has been terminated and you give him a present to enable him to begin a new business, it is a fulfillment of this commandment. For example, someone's store burned down and he needs money to start anew, or a woman whose husband has died needs money to start her own business. The Midrash states that aiding people in such circumstances will merit a person long life. (ibid). 4) If you speak loshon hora about someone and this causes him to lose his means of support, you violate this commandment. (Chofetz Chayim, Introduction, Positive Commandment 5) Included in this commandment are instances when someone who does not want to take charity sells something that you really do not need, but you buy just in order to give him an income. (Yosef Ometz, p. 312). 6) The Dubno Magid said that giving a loan to someone in order to enable him to make a living is an act of chesed which benefits a large number of persons. If you would not have loaned money to that person, he might have needed to collect charity for many people. By granting the loan, you are saving them money. (Ohel Yaakov, Mishpotim).

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LEVITICUS — 25:35 uphold

LEV1050 Perhaps the clearest picture of Judaism's attitude toward the poor emerges from Rambam's great code of law, his Yad haHazakah. There are eight levels, he writes, on which you can deal with the needy: at the lowest level, you give him your charity with a glum, mournful face. At a level above, you give cheerfully, but less than a fit amount. At the third level, you give enough cheerfully, but only after he asks. The fourth level is reached when you put the money in his hand before he has to ask. To attain the fifth level, you leave the money where he can get it without seeing you, to spare him shame. At the sixth level, not only would he not see you; he would not even know that the charity comes from you. The seventh level is reached when all charity is collected by absolutely responsible and trustworthy officials who then distribute it with utter discretion, reducing the shame or embarrassment of the poor to a very minimum. What is the eighth, the very highest level? When someone's fortune goes into sharp decline and he faces poverty, rally to his support: give him money outright [if it can be done without shaming him]; lend him what he needs [you are thus less likely to embarrass him; still better] form a business partnership with him; or give him employment--to thus strengthen his hand so that he will not have to open it and beg alms. Scripture says, "if your brother becomes poor and cannot maintain himself with you, you shall uphold him… that your brother may live, along with you." In other words (Rambam concludes) strengthen, maintain him so that he does not fall and become indigent (Leviticus 25:35-36. Rambam, Yad haHazakah, matnoth aniyyim, x 7-14). If a man is already impoverished, our Torah regards him as a "brother," a human being to be treated with compassion--not a source of irritation, not a source of amusement through derision or mockery, not someone to "organize" into a large "philanthropic" business to let you bask in glory. He has to be helped with the least possible hurt to his self-esteem; you ignore him at your peril. Above all, preventative medicine is far better than symptomatic relief. If you can save someone on the verge of poverty from the misery of begging charity, before Heaven your deed will shine brightest of all.

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