בבא בתרא דף ח ע"ב

Redeeming captives^[1] is a great mitzvah.

Rava said to Rabbah bar Mari: From where is this matter that the Rabbis said, “that redeeming captives is a great mitzvah”?

He said to him: As it is written (Yirmiyahu 15:2): “And it shall be, when they say to you: Where shall we go? Then you shall tell them: Thus says Hashem: Those destined for death, to death; those for the sword, to the sword; those for famine, to famine; and those for captivity, to captivity.”

And Rabbi Yochanan said: Each one that comes later in this verse is harsher than the one before it.

The sword is harsher than death.

If you wish, say a verse; and if you wish, say a reason.

If you wish, say a reason: this one is disfigured, and that one is not disfigured.

And if you wish, say a verse (Tehillim 116:15): “Precious in the eyes of Hashem is the death of His pious ones.”

Famine is harsher than the sword.

If you wish, say a reason: this one suffers, and that one does not suffer.

If you wish, say a verse (Eichah 4:9): “Better off were those slain by the sword than those slain by famine.”

Captivity [is harsher than all of them], for all of them are contained in it.

שבי כולהו איתנהו ביה - for he is in the hands of the idolaters, to do with him whatever they wish — whether to death, [whether to the sword,] or to famine.

The Rabbis taught: The charity fund (kupah) is collected by two and distributed by three.^[2]

It is collected by two, because one does not appoint positions of authority over the community with fewer than two.^[3]

And it is distributed by three, like monetary cases.^[4]

מפני שהוא כדיני ממונות - to examine and give to each one according to the dependents who rely on him.

The tamchui is collected by three and distributed by three, since its collection and its distribution are alike.^[5]

שגבויה וחלוקה שוה - every day, day by day, as is taught further on; therefore its collection is not by two, so that they will not need to trouble themselves to seek out a third to distribute it.

The tamchui — every day; the kupah — from Shabbos eve to Shabbos eve.

The tamchui — for the poor of the world; the kupah — for the poor of the city.

And the townspeople are permitted to turn the kupah into tamchui,

לעשות קופה תמחוי - to distribute to the poor of the world, if they become too many for them.

and the tamchui into kupah,

and to change it to whatever they wish.

And the townspeople are permitted to make stipulations about the measures,

להתנות על המדות - to enlarge the city’s se’ah or to reduce it.

and about prices,

ועל השערים - the price of wheat and wine: that one may not sell it this year for more than such-and-such a sum.

and about workers’ wages,

and to penalize those who breach their stipulations.

להסיע על קיצתם - to fine whoever violates their stipulated words, moving them away from the strict measure of Torah law.

The Master said: “One does not appoint positions of authority over the community with fewer than two.”^[6]

From where are these words?

Rav Nachman said: The verse says (Shemos 28:5): “And they shall take the gold, etc.”^[7]

It is positions of authority that they do not make with fewer than two; but entrusting — a single person is trusted.

הא הימוני מהימן - a single person may be made treasurer.

This supports Rabbi Chanina.

For Rabbi Chanina said: It happened that Rebbi appointed two brothers over the kupah.

שני אחים - with regard to trust, they are considered as one.

What is the authority?

מאי שררותיה - of the kupah, about which you said “because one does not appoint authority over the community, etc.”

As Rav Nachman said in the name of Rabbah bar Avuha: Because they take pledges for charity,^[8] even on Shabbos eve.

אפילו בע"ש - when the householder has an excuse to say, “I am busy.”

Is that so? But it is written (Yirmiyahu 30:20): “And I will punish all his oppressors”?

ופקדתי וגו' - evidently it is forbidden to take a pledge.

And Rabbi Yitzchak bar Shmuel bar Marta said in the name of Rav: Even upon the charity collectors!

It is not difficult: this one is where he is assessed as wealthy; that one is where he is not assessed as wealthy.

אמיד - wealthy.

As in the case where Rava compelled Rav Nasan bar Ami and took four hundred zuz from him for charity.

(Daniel 12:3) “And the wise shall shine like the brightness of the firmament, etc.” (the wise shall shine like the brightness of the firmament) — this is a judge who judges a true judgment truthfully.

(Daniel 12:3) “And those who bring the many to righteousness, like the stars for ever and ever” — these are the charity collectors.

גבאי צדקה - they are “the wise” who consider the poor man — what he needs.

In a beraisa it was taught: “And the wise shall shine like the brightness of the firmament” — this is a judge who judges a true judgment truthfully, and the charity collectors.

“And those who bring the many to righteousness, like the stars for ever and ever” — these are the teachers of young children.

מלמדי תינוקות - they bring the many to righteousness, for they teach them and train them in the good way.

Such as whom?

Rav said: Such as Rav Shmuel bar Shilas.^[9]

For Rav found Rav Shmuel bar Shilas standing in a garden.

He said to him: “Have you abandoned your post of trust?”

שבקתיה להמנותיך - for you used to teach them faithfully, teaching and sitting over them constantly.

He said to him: “These thirteen years I have not seen it, and even now my mind is on them.”

דעתאי להתם - on the children.

And the Rabbis — what?

ורבנן מאי - Torah scholars who occupy themselves with Torah constantly — what is written about them?

Ravina said (Shoftim 5:31): “And those who love Him are like the sun going forth in its might.”

The Rabbis taught: Charity collectors are not permitted to separate from one another,

לפרוש זה מזה - because of suspicion, so that people should not say that this one, collecting alone, intends to steal.

but one may go off to the gate and the other to the shop.

אבל זה פורש לחנות וזה לשער - one collects from those sitting at the gate and the other from those sitting in the shop, provided that both are seen together.

If he found coins in the market, he should not put them into his own purse,

לא יתנם לתוך כיסו - so that they should not say he is stealing charity money.

but he puts them into the charity bag, and when he comes home he takes them.

Similarly: if one was owed a maneh by another, and he repaid him in the market, he should not put it into his own purse, but he puts it into the charity bag, and when he comes home he takes it.

The Rabbis taught: Charity collectors who have no poor people to distribute to may change the coins for others,

פורטין - for the small coins they collected they take silver dinars, because copper coins corrode.

but they may not change them for themselves.

ואין פורטין לעצמם - lest they be suspected of changing at a cheap rate.

Collectors of the tamchui who have no poor people to distribute to may sell to others, but may not sell to themselves.

Charity coins — one does not count them two at a time, but one by one.

אין מונין אותם שנים שנים - lest they say he takes two and counts only one.

Abaye said: At first, the Master^[10] would not sit on the mats of the synagogue.

אציפי דבי כנישתא - the mats of the synagogue, because they are bought with the kupah money.

Once he heard that which was taught: “And to change it to whatever they wish,”^[11] he would sit.

Abaye said: At first, the Master would make two purses — one for the poor of the world and one for the poor of the city.

Once he heard that which Shmuel said to Rav Tachalifa bar Avdimi: Make one purse.

פדיון שבוים מצוה רבה - And as for what it says in Perek Bnei Ha’ir (Megillah 27a), “One may sell a Sefer Torah only to learn Torah or to marry a wife,” and it does not list redeeming captives — perhaps it is obvious and did not need to be taught.

ומתחלקת בג' מפני שהיא כדיני ממונות - And if you ask: for the same reason let it also be collected by three! Rabbeinu Tam explains: because the amount each one was to give was known.

ולשנות' לכל מה שירצו - It seems to Rabbeinu Tam that they may change it even for a non-mitzvah purpose, although we say in Arachin, first perek (6b): “One who donated a lamp to the synagogue — it is forbidden to change it for a non-mitzvah purpose,” and it also says there: “One who says, ‘This perutah is for charity’ — before it reaches the collector’s hand it is permitted to change it; once it reaches the collector’s hand it is forbidden to change it for a non-mitzvah purpose.” Here, where the townspeople change it, it is different; therefore it may be changed even for a non-mitzvah purpose, even after it reached the collector. And so Rabbeinu Tam used to give the kupah money to the city watchmen, since it is given with the townspeople’s consent.

כי הא דרבא אכפיה - Another person was with him, for one does not appoint authority over the community with fewer than two; he is not mentioned, out of respect for Rava.

אכפיה לרב נתן - And if you ask: but in Perek Kol Habasar (Chullin 110b) it says: “Any positive commandment whose reward is written alongside it — the earthly court is not commanded concerning it,”^[12] and regarding charity it is written “You shall surely open your hand to him,” and it is written “for because of this thing [Hashem] will bless you” (Devarim 15)! Rabbeinu Tam says that this compulsion was with words, like “he compelled him and he married” in Perek Na’arah Shenispatesah (Kesubos 53a). He further answered that here they had accepted upon themselves that the collector would compel them. And to the Ri it seems that for charity one does compel, because it also carries a prohibition, as it is written about it: “You shall not harden your heart, nor shut [your hand], etc.” And to the Ritzba it seems that the rule that the court is not commanded concerning a positive commandment whose reward is written alongside it means that they are not punished [for failing to enforce it]; and so it is implied in the Yerushalmi in Hamocher Es Hasefinah. And that case in Kol Habasar (ibid.), of the one who did not honor his father, whom they bound, and he said to them, “Leave him” — this is its meaning: you are not commanded to force him until he does it, as with other positive commandments, where if one is told “Make a sukkah,” or “[Take] a lulav,” and he does not, they strike him until his soul departs, as it says in Hakosev (Kesubos 86a). [See also Tosfos Kesubos 49b s.v. Akfeih and Tosfos Chullin 110b s.v. Kol.]

דין אמת לאמתו - “True” — to exclude a fraudulent judgment: even though witnesses testify to it, [they do not decide it,] since they know that they are lying, as we expound (Sanhedrin 7a) [should read: Shevuos 30b]; “truthfully” — that they not pervert the judgment. [See also Tosfos Megillah 15b s.v. Zeh.]

ומצדיקי הרבים וגו' אלו מלמדי תינוקות - The Ri says that one must say that the firmament shines more than the stars, since at the end of Perek Elu Ovrin (Pesachim 49b) it is implied that charity collectors are superior to teachers of children, for it says: “If he did not find the daughter of a Torah scholar, let him marry the daughter of a charity collector; if he did not find the daughter of a charity collector, let him marry the daughter of teachers of children.” And the Riva said, as he found in Pirkei d’Rabbi Eliezer, that the firmament of this verse, “And the wise shall shine like the brightness of the firmament,” is the firmament above the heads of the Chayos, which shines more than the stars, for its light is like the light of the sun. And what it says, “And the Rabbis — what? Ravina said: And those who love Him are like the sun going forth” — that is the sun of the World to Come, which is sevenfold like the light of the seven days, and the light of the seven days of Creation was sevenfold the light of the sun of today, as the Targum explains on “Sing and rejoice” (Zechariah 2).

Notes

1. 1. Pidyon shevuyim, redeeming Jews held captive (by ransom). The Gemara now seeks the source for calling it “a great mitzvah.”
2. 2. The kupah is a fund of money collected from the townspeople and distributed to the city’s poor each Friday, for the coming week.
3. 3. Serarah, authority: an appointment that carries power over the public — here, the power to collect from them against their will.
4. 4. Monetary cases are judged by a court of three. Distributing the kupah likewise calls for examination and judgment about how much each poor person should receive.
5. 5. The tamchui (literally, a bowl) is food collected every day and handed out at once to any poor person, including the poor who are not of the city.
6. 6. In practice: the collectors of the kupah are never appointed singly; two collect together.
7. 7. The verse speaks of the wise-hearted craftsmen who made the priestly garments: they would receive the donated materials from the donors. “They” is plural, implying at least two.
8. 8. Mashkenin: taking a pledge from a person’s property against his will, until he pays his share.
9. 9. Rav Shmuel bar Shilas was an Amora, a teacher of young children in the generation of Rav.
10. 10. “The Master” — Rabbah, Abaye’s teacher, whom Abaye calls “Mar.”
11. 11. That is: the townspeople may spend the kupah money even on other communal needs, not only on the poor.
12. 12. A positive commandment whose reward is written alongside it in the Torah, such as honoring parents. The Gemara in Chullin 110b says the earthly court is not commanded to compel its fulfilment — which is why Tosfos asks how Rava could compel giving charity.