Parshas Bechukosai
1. At the conclusion of the Laws of Arachin and Charamin*1 in Sefer HaYad, the Rambam writes: "לעולם לא יקדיש אדם ולא יחרים כל נכסיו, והעושה כן עובר על דעת הכתוב, שהרי הוא אומר מכל אשר לו, ולא כל אשר לו, כמו שבארו חכמים. ואין זו חסידות אלא שטות, שהרי הוא מאבד כל ממונו ויצטרך לבריות, ואין מרחמין עליו. ובזה וכיוצא בו אמרו חכמים חסיד שוטה מכלל מבלי עולם. אלא כל המפזר ממונו במצות אל יפזר יותר מחומש, ויהי' כמו שצוו נביאים מכלכל דבריו במשפט, בין בדברי תורה בין בדברי עולם. אפילו בקרבנות שאדם חייב בהן הרי חסה תורה על הממון ואמרה שיביא כפי מסת ידו, קל וחומר לדברים שלא נתחייב בהן אלא מחמת נדרו שלא ינדור אלא כראוי לו, שנאמר איש כמתנת ידו כברכת ה' אלקיך אשר נתן לך" ("A person should never consecrate or devote all his possessions; one who does so acts contrary to the intent of Scripture, for it says,2 'of all that he has' — and not 'all that he has' — as the Sages explained.3 This is not piety but foolishness,4 for he loses all his money and will become dependent on other people, and no mercy is shown him. Concerning this and the like the Sages said,5 'A foolish pious man is among those who destroy the world.' Rather, whoever disburses his money for mitzvos should not disburse more than a fifth,6 and he should be as was commanded7 by the prophets:8 'He conducts his affairs with justice' — both in matters of Torah and in worldly matters. Even regarding the offerings that a person is obligated to bring, the Torah spared his money and said9 that he should bring according to his means; all the more so regarding things he became obligated in only through his vow, that he should vow only as is fitting for him, as it says,10 'Each man according to the gift of his hand, according to the blessing of the L‑rd your G‑d which He has given you'").
From the general wording of the Rambam, "But whoever disburses his money for mitzvos should not disburse more than a fifth," it seemingly follows that also in matters of tzedakah (the mitzvah of tzedakah), a Jew need give no more than a fifth of his possessions, and certainly not all his possessions.
We find, however, that the Alter Rebbe elaborates on the matter of giving tzedakah of more than a fifth of one's possessions, and even of giving away to tzedakah all that one has — as the Alter Rebbe writes in Iggeres HaTeshuvah11 regarding redeeming a fast by giving money to tzedakah: "ואף שיעלה לסך מסוים אין לחוש משום אל יבזבז יותר מחומש, דלא מקרי בזבוז בכהאי גוונא מאחר שעושה לפדות נפשו מתעניות וסיגופים, ולא גרעא מרפואת הגוף ושאר צרכיו" ("And even if it amounts to a set sum,12 there is no need to be concerned about 'one should not squander more than a fifth,' for in such a case this is not called squandering, since he does it to redeem his soul from fasts and self-mortifications, and this is no less than healing of the body and his other needs").
So too the Alter Rebbe explains in Iggeres HaKodesh13 that a Jew must "disburse" money to tzedakah without limit in order thereby to rectify (the damage and blemish caused by) the sins he has committed; and the Alter Rebbe cautions: "ומה שאמרו המבזבז אל יבזבז יותר מחומש, היינו דוקא במי שלא חטא או שתקן חטאיו . . אבל מי שצריך לתקן נפשו עדיין, פשיטא דלא גרעה רפואת הנפש מרפואת הגוף, שאין כסף נחשב, וכל אשר לאיש יתן בעד נפשו כתיב" ("What [the Sages] said, 'One who disburses should not disburse more than a fifth,' applies only to 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, for which money is not reckoned,14 and it is written,15 'All that a man has he will give for his life'").
The Alter Rebbe writes this as a matter that is relevant to practical halachah — and he concludes (there in Iggeres HaTeshuvah): "נהגו עכשיו כל החרדים לדבר ה' להרבות מאד מאד בצדקה" ("Now all who are fearful of the word of G‑d have adopted the custom of giving very, very much tzedakah"); and so too he concludes (in Iggeres HaKodesh) that one may disburse to tzedakah "בלי גבול" ("without limit")16 to rectify one's sins: "…we must conduct ourselves… without limit."
2. This will be understood by first noting a contradiction within the Rambam's own words:
In his commentary on the Mishnah17 "אלו דברים שאין להם שיעור . . גמילות חסדים" ("These are the things that have no fixed measure . . acts of kindness"), the Rambam says:18 "מה שאמר בכאן גמילות חסדים אין לה שיעור, רוצה לומר לעזור אדם בגופו, אך שיעור אותו בממונו יש לו שיעור, והוא חמישית ממונו, ולא יתחייב לתת יותר מחמישית ממונו, לבד אם עשה כן במדת חסידות" ("What it says here, that acts of kindness have no measure, means helping a person with one's body;19 but its measure with one's money does have a measure, namely a fifth of one's money, and one is not obligated to give more than a fifth of one's money — unless he does so out of the trait of piety"). Thus the Rambam says here that out of the trait of piety there is room to give tzedakah and acts of kindness of more than a fifth of one's money — whereas in the aforementioned halachah in Sefer HaYad he writes that disbursing more than a fifth "is not piety but foolishness"!
One must also understand the following:
In the Mishnah in Arachin it states:20 "מחרים אדם מצאנו ומבקרו כו' ואם החרים את כולם אינם מוחרמים, דברי ר' אליעזר. אמר ר' אלעזר בן עזרי' מה אם לגבוה אין אדם רשאי להחרים כל נכסיו, על אחת כמה וכמה שיהא אדם חס על נכסיו" ("A person may devote [some] of his flock and his herd, etc., but if he devoted all of them, they are not devoted — these are the words of Rabbi Eliezer. Rabbi Elazar ben Azaryah said: If, for the Most High, a person is not permitted to devote all his possessions, how much more so should a person be sparing of his possessions").
The Gemara there asks on this Mishnah: "אמר ר' אלעזר בן עזרי' . . היינו תנא קמא" ("Rabbi Elazar ben Azaryah said . . — this is the same as the first Tanna!"), and the Gemara answers: "איכא בינייהו דרבי אילא, דאמר רבי אילא באושא התקינו המבזבז אל יבזבז יותר מחומש" ("The difference between them is [the teaching] of Rabbi Ila, for Rabbi Ila said: In Usha they enacted that one who disburses should not disburse more than a fifth"). Rashi there explains in his commentary:21 "ר' אלעזר בן עזרי' אית לי' דרבי אילא, דהא אתא לאשמועינן שיהא אדם חס על נכסיו, ר' אליעזר לית לי' דרבי אילא, דאי בזבז טובא לא איכפת לן, אלא ששייר לעצמו קצת, דומיא דחרם" ("Rabbi Elazar ben Azaryah holds like Rabbi Ila, for he comes to teach us that a person should be sparing of his possessions; Rabbi Eliezer does not hold like Rabbi Ila, for if he disbursed a great deal we are not concerned, provided that he left a little for himself, similar to cherem").
That is, the first Tanna does not hold like Rabbi Ila that there is a measure of a fifth, and [he holds] that a person may devote more than a fifth of his possessions; while the view of Rabbi Elazar ben Azaryah is like Rabbi Ila, that one should not devote more than a fifth.
Accordingly, since in the Commentary on the Mishnah the Rambam adopts the view of Rabbi Ila, that there is the measure of "a fifth of his money" — why does he say that out of the trait of piety one may give "more than a fifth," when we find his view elsewhere (in the Laws of Arachin and Charamin) that the measure "one should not squander more than a fifth" excludes the "more" even out of the trait of piety?
3. The commentators22 explain that in the two aforementioned places (in the Laws of Arachin and Charamin and in the Commentary on the Mishnah) the Rambam speaks of two modes of tzedakah:
In the Commentary on the Mishnah the Rambam speaks of a case where a person becomes obligated to give tzedakah because he has before him poor people or other unfortunates who seek and ask for help; in his words: "כשהאדם יראה שבוים שהוא חייב לפדותם כו' או רעבים או ערומים שהוא חייב להשביעם ולכסות מערומיהם, כמו שאמר די מחסורו אשר יחסר לו" ("When a person sees captives whom he is obligated to redeem, etc., or hungry or naked people whom he is obligated to feed and to clothe, as it says,23 'sufficient for his need, whatever he lacks'"). In that case, "פחות מחמישית ממונו או כפי חמישיתו" ("less than a fifth of his money, or about a fifth") he must give by obligation, and out of the trait of piety he may give more than a fifth.
In the Laws of Arachin and Charamin, however, the Rambam speaks of when he comes to distribute his money to the poor of his own accord and on his own initiative, "דומיא דמקדיש ומחרים" ("similar to one who consecrates and devotes");24 to this the fixed measure of "a fifth" applies, and more than that he may not give, even out of the trait of piety.25
4. One may add to this that the distinction between the two aforementioned places in the Rambam lies not (only) in the two distinct modes within the mitzvah of tzedakah (whether there are needy poor people before him, or he distributes tzedakah on his own) — but (also) in the difference between the definition of the mitzvah of arachin and charamin and the definition of the mitzvah of tzedakah:26
The definition of the mitzvah of arachin and charamin is, as the Rambam explains there in the preceding halachah:27 "ההקדשות והחרמין והערכין מצות, וראוי לו לאדם להנהיג עצמו בדברים אלו כדי לכוף יצרו ולא יהי' כילי" ("Consecrations, devotions and valuations are mitzvos, and it is proper for a person to accustom himself in these matters in order to subdue his inclination and not be miserly") — that is, in the giving of arachin and charamin the emphasis is on the benefit to the giver,28 and not on the recipient's (hekdesh, etc.) need for it.
In the Commentary on the Mishnah, however, regarding matters of tzedakah and acts of kindness, the definition of the mitzvah consists in the giving being for the need of the recipient — to fill the "sufficient for his need" of the poor person; in the Rambam's words:29 "מצות עשה ליתן צדקה לעניים כפי מה שראוי לעני" ("It is a positive commandment to give tzedakah to the poor according to what is fitting for the poor person").30
Therefore, in the Laws of Arachin and Charamin the Rambam writes in unqualified terms, "one should not disburse more than a fifth" (without any distinctions or exceptions) — that he should not give more than a fifth even out of the trait of piety (because in that case it is, as the Rambam emphasizes, not the trait of piety at all);31 whereas in the Commentary on the Mishnah, where the discussion concerns the mitzvah of tzedakah, whose definition is the need of the poor person, the Rambam adds there that one may give even more than a fifth (although he is not obligated to) — out of the trait of piety.32
5. With this one can also explain the variation in the Rambam's words in two further places:
a) In the Laws of Gifts to the Poor33 the Rambam writes: "בא העני ושאל די מחסורו ואין יד הנותן משגת, נותן לו כפי השגת ידו, וכמה, עד חמישית נכסיו מצוה מן המובחר" ("If a poor person comes and asks for what he lacks, and the giver cannot afford it, he gives him according to his means. And how much? Up to a fifth of his possessions is the choicest fulfillment of the mitzvah"). The reason the Rambam is precise to state the positive side of the obligation — that he should give up to "a fifth of his possessions" — and not the negative side, that he should not give more than a fifth, is that from the standpoint of the definition of "the Laws of Gifts to the Poor," the need of the poor person, he may add and give more than a fifth of his possessions (out of the trait of piety).34
[Accordingly, it is better understood why at the end of the Laws of Arachin and Charamin the Rambam does not mention at all the whole matter of tzedakah to the poor — because with tzedakah to the poor35 there is (according to the Rambam) no prohibition at all of "one should not squander more than a fifth."36]
b) The words of the Rambam in the Laws of De'os,37 where he rules, "ואסור לו לאדם להפקיר או להקדיש כל נכסיו ויטריח על הבריות" ("It is forbidden for a person to renounce ownership of, or to consecrate, all his possessions and become a burden on others") — that the prohibition applies only to "all his possessions," unlike what he says in the Laws of Arachin and Charamin, that one should not give away "more than a fifth":
In the Laws of De'os the Rambam speaks of how a person must conduct himself properly in his traits and conduct, etc. Therefore he cannot rule here as a general principle that one may not disburse more than a fifth — because in a person's conduct there are cases when he may (and must) give more than a fifth, for example38 — with tzedakah to the poor (especially when the poor person stands before him and asks for tzedakah for his needs, etc.);
whereas in the Laws of Arachin and Charamin, from the standpoint of the mitzvah of arachin, etc., there is in any case no room to disburse more than a fifth, not even out of the trait of piety, as explained above.
6. Based on the above (that the matter of "one should not disburse more than a fifth" depends on which definition of mitzvah one is speaking about), one can also explain, in my humble opinion, why the Alter Rebbe says that one should give tzedakah not only "more than a fifth" but even more — to give away "all that a man has." This is a third mode, i.e., not only (a) up to a fifth,39 (b) or "more than a fifth" but with the limitation of not "all his possessions" (as the Rogatchover40 explains: "ומשמע שם מדברי רבינו דרק כל ממונו אין זה מדת חסידות, אבל יתר מחומש שפיר מותר" ("It is implied there from the words of our master [in the Commentary on the Mishnah] that only [giving] all his money is not the trait of piety, but more than a fifth is perfectly41 permitted"42)) — but (c) "all that a man has":
That out of the trait of piety a Jew may give "more than a fifth" but not all his possessions (the second mode) is still bound up with the definition of the mitzvah of tzedakah, whose purpose is to help the poor person. What the Alter Rebbe speaks of in Iggeres HaTeshuvah and Iggeres HaKodesh, however, is a giving to tzedakah whose main purpose is not (only) the obligation to help the poor person, but rather the obligation "לתקן נפשו" ("to rectify his soul") and "to redeem his soul from fasts and self-mortifications" — and since this is a matter of his own self, it is understood that he "קודם לממונו" ("takes precedence over his money"), especially when this is a matter concerning his soul (similar to saving a life). Therefore, in this there is no measure or limitation, not even the limitation of "all his possessions," because "all that a man has he will give for his life."43
7. It can be said that these three modes of giving one's money have their counterpart; they are reflected in the inner dimension of things, in the three general levels in the service of G‑d:44
The definition of the giving in the mitzvah of arachin and charamin points to a level in service when a person stands (still) within the measures and limitations of his own existence, as cited above from the Rambam's words, "it is proper for a person to accustom himself in these matters in order to subdue his inclination and not be miserly, etc.": his aim thereby is not (so much) the need of hekdesh, but his own benefit. Although this is a need and benefit of holiness — to subdue his inclination and his traits ("not be miserly") — nevertheless it is still for his own sake, in the spirit of the Talmud's expression45 "אדעתא דנפשי'" ("with his own interest in mind"). And because he stands (still) within the measure and limitation of his own existence, therefore, correspondingly, his obligation in the mitzvah — which reflects the manner of his bond and connection with G‑d (and the drawing down that he draws down from Above) — is also measured and limited.
[Accordingly one can explain (at least by way of allusion) the precision of the Rambam's wording, "one who does so acts contrary to the intent of Scripture, for it says, 'of all…'" (an unusual (and lengthy) expression, for seemingly the Rambam should have said "transgresses what is stated," or the like):
Since the Jew is still within the bounds of his own existence, his service is then in accordance with the reason and understanding of holiness — in his state and situation there is no room for service that is above reason and understanding. Therefore the Rambam concludes that for a Jew who has not yet reached this level, "this is not piety (the 'foolishness' of holiness, conduct beyond the letter of the law)47 but foolishness" (that is beneath reason and understanding).46]
When a Jew, in his service, goes out of the limitation of his own existence and seeks not (necessarily) his own benefit (even of holiness), but thinks about another Jew's needs, this is a service above measure and limitation — and this is expressed in the mitzvah of tzedakah, whose definition and substance is that the giver gives not for his own benefit, but (mainly) for the need and good of the poor person;48 and therefore the mitzvah too (also the bond and connection, and the drawing down from Above that comes through it) is not measured and limited specifically to the measure of a fifth.
Although a Jew's setting himself aside and thinking about another Jew is a movement of going out of the limitations of his existence — it is still not a level that is entirely above measure and limitation; for with him there is (at least) a reckoning and measure in relation to the other — "according to what is fitting for the poor person."
Higher than this is the type of service "to rectify his soul": since this is bound up with the very essence of the person's existence and life, literally, similar to saving a life, reckoning and measure have no relevance to it at all. And in his service — the service of "בכל מאדך" ("with all your might"), which comes from the yechidah of the soul ("יחידה ליחדך" — "the singular one, to unify with You," which is one with G‑d Himself) — therefore, from the standpoint of this level, the service is "truly without limit"; reckoning and measure have no relevance: "all that a man has he will give for his life."49
8. Now, since from the standpoint of the definition of the mitzvah of tzedakah a Jew must give, out of the trait of piety, even "more than a fifth" (especially when the poor person comes and asks for his needs), it is understood that just as this is so in a person's traits and conduct, so it is also (and all the more so) regarding the tzedakah of G‑d — "לך ה' הצדקה" ("Yours, O L‑rd, is the righteousness"):50 since Jews pray — they come and ask that G‑d give them "what they lack" ("tzedakah") — G‑d, as it were, must fulfill their request and give them "more than a fifth," meaning more than a fifth, as it were, of His — G‑d's — possessions!
And all the more so when this concerns the highest and most essential mode of tzedakah and kindness — "פדיון שבויים" ("redemption of captives"),51 redeeming the Jews from exile through the complete Redemption.
And even more than this (— incomparably so), since this concerns, as it were, G‑d Himself: for in addition to the fact that every Jew is "חלק אלקה ממעל ממש" ("truly a part of G‑d Above")52 (and therefore, when the Jew (the "part") is in exile, it affects G‑d, as it were), it is known that "שכינתא בגלותא" ("the Shechinah is in exile")53 — that G‑d, as it were, is in exile; as it is written, "ושב ה' אלקיך את שבותך" ("The L‑rd your G‑d will return [with] your captivity"),54 "והשיב לא נאמר אלא ושב" ("It does not say 'He will bring back,' but 'He will return'").55 It is therefore certain, most certain, that in this there are no limitations whatsoever, because "כל אשר לאיש — אין איש אלא הקב"ה, שנאמר ה' איש מלחמה — יתן בעד נפשו" ("'All that a man has' — 'man' refers only to the Holy One, blessed be He, as it says,56 'The L‑rd is a man of war'57 — 'he will give for his life'").
And this means (simply) that there should immediately be fulfilled the prophecy of the Redemption, "כימי צאתך מארץ מצרים" ("as in the days of your going out of the land of Egypt"), when "לא עיכבן המקום כהרף עין" ("the Omnipresent did not delay them even for the blink of an eye");58 that "בשעתא חדא וברגעא חדא" ("in one moment and in one instant")59 Jews go out of exile — "ואתם תלוקטו לאחד אחד בני ישראל" ("And you shall be gathered one by one, O children of Israel"),60 "בנערינו ובזקנינו נלך בבנינו ובבנותינו" ("With our young and with our old we will go, with our sons and with our daughters"),61 and "כספם וזהבם אתם" ("their silver and their gold with them")62 — "and the L‑rd your G‑d (the Shechinah in exile) will return [with] your captivity"; and we come to our Holy Land, "ארץ אשר גו' תמיד עיני ה' א-ה בה מרשית השנה ועד אחרית שנה" ("a land… the eyes of the L‑rd your G‑d are always upon it, from the beginning of the year to the end of the year"),63 and we merit the fulfillment of the prophecies "אפס כי לא יהי' בך אביון גו'" ("However, there shall be no needy among you…")64 and "לא יהי' שם רעב כו' המעדנים מצויין כעפר כו'" ("There will be no famine there… delicacies will be as common as dust…"),65 in the true and complete Redemption, through our righteous Moshiach, speedily in our days, literally.
(From the sichos of Shabbos Parshas Re'eh, 5744)
Notes
*) And the conclusion of Sefer Hafla'ah in the Rambam.
1) Ch. 8, halachah 13.
2) Our parsha, 27:28.
3) Arachin 28a.
4) See below, section 7 and note 47.
5) Sotah 20a. And according to his own view in the Commentary on the Mishnah there (that it is not as in the Talmud (Bavli there, 21b; and the Yerushalmi — cited in Tosafos there)). And note the different interpretation of "who destroy the world" — and the Rambam's view — in [OCR unclear] to the Alter Rebbe's Laws of Torah Study, ch. 2, sec. 1.
6) Kesubos 50a, beginning; ibid. 67b, end; Arachin, ibid. See also Yerushalmi Pe'ah 1:1.
7) Tehillim 112:5 (and there: "יכלכל" — "he will conduct"). It comes in continuation of what is said before it: "Good is the man who is gracious and lends."
8) This requires slight further study, since he calls (Tehillim —) the Writings "prophets." See (Megillah 14a — in Rashi, s.v. "Nevuah"; Sotah 48b, beginning) that David was a prophet (and see Likkutei Sichos vol. 18, p. 275, note 31, and the sources cited there).
9) Based on the verse — Re'eh 16:[OCR unclear].
10) End of Parshas Re'eh.
11) Ch. 3 (93a; and he refers (ibid., beginning of side b) to the Iggeres HaKodesh cited below).
12) Along the lines of the laws of a "fixed item" (Yerushalmi Shekalim 1:4, and elsewhere).
13) End of Epistle 10 (115b, end, ff.).
14) Based on the wording of the verse — II Chronicles 9:20; and similarly in I Kings 10:21.
15) Iyov 2:4.
16) See Gittin 52a (Rambam, end of Laws of Inheritance), that tzedakah has no fixed amount (and in Rashi there: at every hour poor people are present, so it turns out that their possessions are used up).
17) Pe'ah, beginning of ch. 1.
18) From the Yerushalmi, Pe'ah, ibid.
19) So too in the Rambam, Laws of Mourning, beginning of ch. 4.
20) 28a.
21) And so too in the commentary of Rabbeinu Gershom there.
22) Birkei Yosef, Yoreh De'ah 249:1, s.v. "Ve'efshar." See also Responsa Beis Dino shel Shlomo, Yoreh De'ah, sec. 1 (48c ff.). And elsewhere.
23) Re'eh 15:8.
24) The wording of the Bartenura there.
25) See the sefarim cited in note 22, that this is the distinction between the statement of the Yerushalmi (Pe'ah, ibid.) and the Bavli (in several places — in Kesubos, ibid.).
26) Even when there are no poor people before him — see below, note 36.
27) Halachah 12.
28) See also the Alter Rebbe's Shulchan Aruch, Orach Chaim 156:3.
29) Laws of Gifts to the Poor, beginning of ch. 7.
30) See She'elas Ya'avetz (vol. 1, end of sec. [OCR unclear]), that from the plain wording of the Rambam it is understood that when he can afford it, the limitations of a tenth and a fifth do not apply here at all, and he must give the poor person enough for his needs even if it is more than a fifth (although from the Commentary on the Mishnah, Pe'ah, ibid., it does not appear so); see there at length. See also the letter of the Rebbe Rashab (Sefer HaMaamarim 5709, p. [OCR unclear]; his Igros Kodesh, vol. 1, p. [OCR unclear]; and elsewhere): "Every mitzvah has a limit and measure, etc., but the mitzvah of tzedakah has no measure, as written in Shulchan Aruch, Yoreh De'ah, beginning of sec. 249: the measure of giving is according to the need of the poor, without limit" (and see there, p. 17; Igros Kodesh, ibid., p. 85).
31) In the Alter Rebbe's Shulchan Aruch, Orach Chaim, ibid., [he writes] that in order "that he establish in his soul the trait of abundant kindness, etc." (and not be miserly), "he should disburse and give much money to the poor, etc." — i.e., even more than a fifth ("but after he has established this trait in his soul, he should not disburse excessively, for this is not a good path, and it is an ordinance of the Sages that one not squander more than a fifth"). It can be said that the Rambam in the Laws of Arachin and Charamin speaks not of the beginning of a person's service, in order to establish in his soul, etc. (as in the Alter Rebbe's Shulchan Aruch, ibid.), but of a fixed order and conduct: "it is proper for a person to accustom himself."
32) Note Tzafnas Pa'neach, Laws of Gifts to the Poor ([OCR unclear]); Responsa Shleimas Yosef (sec. 16, os 3), in what he writes regarding the view of the She'iltos.
33) Ch. 7, halachah 5.
34) As written in the Commentary on the Mishnah, Pe'ah, ibid.
35) And what he writes there, "whoever disburses his money for mitzvos," plainly refers to arachin, etc., mentioned before it, as written in the preceding halachah (12), "Consecrations, devotions and valuations are mitzvos"; or — also to other mitzvos (apart from tzedakah). — See also the closing words of the Commentary on the Mishnah, Pe'ah, ibid.: "and he should give it for the needs of mitzvos."
36) Even when there are no poor people before him. — As for the wording "one should not squander, etc." in the Babylonian Talmud (Kesubos 50a; Arachin 28a), it can be said that according to the Rambam it does not speak of tzedakah to the poor (as in Rashi there), but of squandering to hekdesh (and the like), as written in Rashi, first edition (cited in Shitah Mekubetzes there). Also in Kesubos (66b, end), "Bring me the account of my tzedakah," the intent is not tzedakah to the poor (as earlier there, "there was a poor man, etc.") but a general name for all his matters of tzedakah (including consecrations, etc.). This requires further study.
37) Ch. 5, halachah 12.
38) Note also the Alter Rebbe's Shulchan Aruch cited in note 31.
39) Note that from what the Alter Rebbe writes in the case at hand, "there is no need to be concerned about 'one should not squander more than a fifth,'" it is implied that he holds that the law of "one should not squander" applies also to tzedakah (as the view of the Rema — Yoreh De'ah 249:1; and so the Alter Rebbe writes in the Kuntres Acharon to his Laws of Sale, sec. 4), unlike the Rambam in the Commentary on the Mishnah, etc., who holds that out of the trait of piety one may give more than a fifth. And in my humble opinion, it is possible that the Alter Rebbe too holds like the Rambam when the poor person comes and asks for what he lacks, etc. — for in Iggeres HaTeshuvah and Iggeres HaKodesh (cited above) the case is (not that the poor person comes, etc., but) that the giver strives to increase in tzedakah, in which case there is concern for "one should not squander more than a fifth" (were it not for the need to rectify his soul). Accordingly, it is better understood that in Iggeres HaKodesh, Epistle 16, he writes only that "it is truly the healing of body and soul, for 'skin for skin, and all that a man has he will give for his life,'" and does not write that there is no concern for "one should not squander, etc." — for there the discussion concerns the obligation of the mitzvah of tzedakah, "to give with a full hand and a generous eye for all the essential needs, for what the destitute lack — the clean poor whose eyes are lifted to us, etc.," that is, when the poor person comes and asks for what he lacks.
40) Tzafnas Pa'neach on the Rambam, end of Laws of Arachin.
41) See in Tzafnas Pa'neach, ibid. (and Laws of Gifts to the Poor 10:16) further approaches.
42) See also Igros Kodesh of the Alter Rebbe, pp. 134–135.
43) So too it is implied in the Alter Rebbe's Shulchan Aruch, Orach Chaim, ibid.: "he should disburse and give . . the trait of abundant kindness for which the Holy One, blessed be He, is praised."
44) Note Iggeres HaKodesh, Epistle 3 (beginning); Maamarei Admur HaZaken — Parshiyos, vol. 1, p. 375ff.
45) Pesachim 68b, end.
46) See Rambam, Laws of De'os 1:5, that one is a chassid when he distances himself from the middle path. See also the Alter Rebbe's Shulchan Aruch, Orach Chaim, ibid.
47) Note the saying of our Sages (Kesubos [OCR unclear]), "His foolishness benefited the old man" — the "foolishness" of holiness that overturns the foolishness of the opposite side. See the maamar Basi LeGani 5710, ch. 5 (and of 5716 — in Sefer HaMaamarim Basi LeGani, vol. 1).
48) See also the Kuntres Acharon in the Alter Rebbe's Shulchan Aruch, Laws of Sale, ibid.
49) On all the above, note Iggeres HaKodesh, end of Epistle [OCR unclear], ibid. This is not the place to elaborate.
50) Daniel 9:7.
51) Note Tzafnas Pa'neach, ibid.: "Redemption of captives, which is an obligatory mitzvah, is different; and it is also in the category of the prohibition 'Do not stand [idly by], etc.'"
52) Iyov 31:2. And in Tanya, beginning of ch. 2, he adds the word "ממש" ("truly").
53) Zohar III, 4b; 66a, end; and elsewhere.
54) Nitzavim 30:3.
55) Megillah 29a (cited in Rashi on the verse there) — "Rabbi Shimon bar Yochai says: Come and see how beloved Israel is, etc." — the one whose celebration falls on the third day of this week (Bechukosai 5746).
56) Beshalach 15:3.
57) Sotah 42b, and the sources cited there.
58) Mechilta, and Rashi on the verse, Bo 12:41.
59) As in the ruling of the Rambam, "they are immediately redeemed" (Laws of Teshuvah 7:5; and there in halachah 6): "he cries out and is answered immediately, as it says (Yeshayahu 65:24), 'And it shall be that before they call, I will answer.'"
60) Yeshayahu 27:12.
61) Bo 10:9.
62) Yeshayahu 60:9.
63) Ekev 11:12.
64) Re'eh 15:4.
65) Rambam, end of Laws of Kings (and of the entire Sefer HaYad).
Key Lesson
The limit of a fifth applies to giving that serves the giver's own refinement; tzedakah for another's need may exceed it out of piety, and giving to rectify one's soul has no limit at all. All the more so, when Jews ask G‑d for what they lack — above all, redemption from exile, which touches G‑d Himself — He gives without any limit, bringing the true and complete Redemption immediately.