When Rav Nachman bar Rav Chisda collected taxes from Torah scholars, Rav Nachman bar Yitzchak reprimanded him for not fulfilling verses from the Torah, Neviim and K’tuvim, and explained which verses indicate that Torah scholars are exempt from taxes. Rav Papa ruled that orphans should contribute to digging wells for water and Rav Yehuda ruled similarly, that prohans should contribute to taxes to protect the city. Rav Yehuda also ruled that while Torah scholars do not need to pay for protection, as their Torah protects them, they do need to contribute to digging wells. Rabbi Yehuda haNasi distributed food to needy people during a drought but only gave to Torah scholars, not to amei haaretz. His student Yonatan ben Amram did not want to benefit from the Torah so he disguised himself as an am haaretz and convinced Rabbi Yehuda haNasi to give him food anyway. When Rabbi Yehuda haNasi discovered what had happened, he changed his approach and distributed food to everyone. The Mishna ruled that one who lives in the city for twelve months has to pay for the protection of the city, but a different braita relating to laws of an ir hanidachat, a city where all inhabitants worship idols, only thirty days of living there consider one an inhabitant of the city. How is this reconciled? Another braita gives different amounts of time for people living in the city to be required to give different types of tzedaka funds. Raba collected tzedaka from orphans of a particular family. While Abaye questioned this practice, Raba explained why he insisted in this case. Ifra Hormiz, the mother of King Shapur, sent money to Rav Yosef for “mitzva raba” and Abaye explained to Rav Yosef that she must have meant for redeeming captives. Rava explains this based on a verse from Yirmiyahu 15:2. A braita explains that collection of charity must be done by two people and distribution by three. The charity food is collected and distributed by three people. Why is there a difference? Why are two or three people needed? The people of the city can take charity from one use and move it to a different use, if necessary. The braita refers to the collection of charity as serara, authority, since they would force people to give charity and even seize a collateral from those who would not give, even on erev Shabbat. Isn’t this forbidden in a different source? The Gemara distinguishes between collecting from the wealthy and those who are not wealthy. What reward is promised to those who give charity? Charity collectors need to be cautious that they don’t arouse suspicion that they are taking money for themselves.
Bava Batra
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Bava Batra 8
אֵלּוּ תַּלְמִידֵי חֲכָמִים. וְרֵישׁ לָקִישׁ, סָבַר לַהּ כִּדְדָרֵשׁ רָבָא: ״אֲנִי חוֹמָה״ – זוֹ כְּנֶסֶת יִשְׂרָאֵל, ״וְשָׁדַי כַּמִּגְדָּלוֹת״ – אֵלּוּ בָּתֵּי כְנֵסִיּוֹת וּבָתֵּי מִדְרָשׁוֹת.
these are Torah scholars, and towers do not require additional protection? The Gemara comments: And Reish Lakish, who did not cite this verse, holds in accordance with the way that Rava expounded the verse: “I am a wall”; this is referring to the Congregation of Israel. “And my breasts are like towers”; these are the synagogues and study halls.
רַב נַחְמָן בַּר רַב חִסְדָּא רְמָא כְּרָגָא אַרַבָּנַן. אֲמַר לֵיהּ רַב נַחְמָן בַּר יִצְחָק: עֲבַרְתְּ אַדְּאוֹרָיְיתָא וְאַדִּנְבִיאֵי וְאַדִּכְתוּבֵי.
It is similarly related that Rav Naḥman bar Rav Ḥisda once imposed payment of the poll tax [karga] even on the Sages. Rav Naḥman bar Yitzḥak said to him: You have transgressed the words of the Torah, the Prophets, and the Writings.
אַדְּאוֹרָיְיתָא – דִּכְתִיב: ״אַף חֹבֵב עַמִּים כׇּל קְדֹשָׁיו בְּיָדֶךָ״ – אָמַר מֹשֶׁה לִפְנֵי הַקָּדוֹשׁ בָּרוּךְ הוּא: רִבּוֹנוֹ שֶׁל עוֹלָם, אֲפִילּוּ בְּשָׁעָה שֶׁאַתָּה מְחַבֵּב עַמִּים – כׇּל קְדוֹשָׁיו יִהְיוּ בְּיָדֶךָ. ״וְהֵם תֻּכּוּ לְרַגְלֶךָ״ – תָּנֵי רַב יוֹסֵף: אֵלּוּ תַּלְמִידֵי חֲכָמִים, שֶׁמְּכַתְּתִים רַגְלֵיהֶם מֵעִיר לְעִיר וּמִמְּדִינָה לִמְדִינָה לִלְמוֹד תּוֹרָה, ״יִשָּׂא מִדַּבְּרוֹתֶיךָ״ – לִישָּׂא וְלִיתֵּן בְּדִבּוּרוֹתָיו שֶׁל מָקוֹם.
You have transgressed the words of the Torah, as it is written: “Even when He loves the peoples, all His holy ones are in Your hand” (Deuteronomy 33:3), which is understood to mean that Moses said to the Holy One, Blessed be He: Master of the Universe, even when You hold the other nations dear and grant them dominion over Israel, let “all His holy ones,” meaning the Torah scholars, be exclusively in Your hand and free from the authority of the nations, and therefore be exempt from paying taxes. The continuation of that verse can also be understood as referring to Torah scholars, as it states: “And they sit [tukku] at Your feet, receiving Your words” (Deuteronomy 33:3), and Rav Yosef teaches: These are Torah scholars who pound [mekhatetim] their feet from city to city and from country to country to study Torah; “receiving [yissa] Your words,” to discuss [lissa velitten] the utterances of God.
אַדִּנְבִיאֵי – דִּכְתִיב: ״גַּם כִּי יִתְנוּ בַגּוֹיִם עַתָּה אֲקַבְּצֵם, וַיָּחֵלּוּ מְּעָט מִמַּשָּׂא מֶלֶךְ וְשָׂרִים״ – אָמַר עוּלָּא: פָּסוּק זֶה בִּלְשׁוֹן אֲרָמִית נֶאֱמַר: ״אִי תָּנוּ״ כּוּלְּהוּ – ״עַתָּה אֲקַבְּצֵם״, וְאִם ״מְעַט״ מֵהֶם – ״יָחֵלּוּ מִמַּשָּׂא מֶלֶךְ וְשָׂרִים״.
And you have transgressed the words of the Prophets, as it is written: “Though they have hired lovers [yitnu] among the nations, now I will gather them, and they will begin to be diminished by reason of the burden of kings and princes” (Hosea 8:10). With regard to this verse, Ulla says: Part of this verse is stated in the Aramaic language; the word yitnu should be understood here in its Aramaic sense: To learn. And the verse should be interpreted as follows: If all of Israel learns Torah, I will gather them already now; and if only a few of them learn Torah, they will be excused from the burden imposed by kings and princes. This indicates that those who study Torah should not be subject to paying taxes.
אַדִּכְתוּבֵי – דִּכְתִיב: ״מִנְדָּה בְלוֹ וַהֲלָךְ, לָא שַׁלִּיט לְמִרְמֵא עֲלֵיהֹם״; וְאָמַר רַב יְהוּדָה: ״מִנְדָּה״ – זוֹ מְנָת הַמֶּלֶךְ, ״בְּלוֹ״ – זוֹ כְּסַף גֻּולְגָּלְתָּא, ״וַהֲלָךְ״ – זוֹ אַרְנוֹנָא.
And furthermore, you have transgressed the words of the Writings, as it is written: “It shall not be lawful to impose tribute, impost or toll upon them” (Ezra 7:24), i.e., upon the priests and Levites who serve in the Temple. This halakha would apply to Torah scholars as well. And Rav Yehuda says: “Tribute”; this is referring to the king’s portion, a tax given to the king. “Impost”; this is referring to the head tax. “Toll”; this is referring to a tax [arnona] paid with property that was imposed from time to time.
רַב פָּפָּא רְמָא כַּרְיָא חַדְתָּא אַיַּתְמֵי, אֲמַר לֵיהּ רַב שִׁישָׁא בְּרֵיהּ דְּרַב אִידִי לְרַב פָּפָּא: וְדִילְמָא לָא מִידְּוִיל! אֲמַר לֵיהּ: מִישְׁקָל שָׁקֵילְנָא מִנַּיְיהוּ; אִי מִידְּוִיל – מִידְּוִיל, וְאִי לָא – מַהְדַּרְנָא לַהּ נִיהֲלַיְיהוּ.
It is related that Rav Pappa once imposed a tax for the digging of a new cistern even on orphans. Rav Sheisha, son of Rav Idi, said to Rav Pappa: Perhaps they will dig, but in the end they will not draw any water from there, and it will turn out that the money will have been spent for nothing. The rest of the townspeople can relinquish their rights to their money, but orphans who are minors cannot do so. Rav Pappa said to him: I shall collect money from the orphans; if they draw water, they will draw water, and if not, I will return the money to the orphans.
אָמַר רַב יְהוּדָה: הַכֹּל לַאֲגַלֵּי גָפָא, אֲפִילּוּ מִיַּתְמֵי; אֲבָל רַבָּנַן – לָא צְרִיכִי נְטִירוּתָא. הַכֹּל לְכַרְיָא פַּתְיָא, אֲפִילּוּ מֵרַבָּנַן; וְלָא אֲמַרַן אֶלָּא דְּלָא נָפְקִי בְּכָלוֹזָא, אֲבָל נָפְקִי בְּכָלוֹזָא – רַבָּנַן לָאו בְּנֵי מִיפָּק בְּכָלוֹזָא נִינְהוּ.
Rav Yehuda says: All of the city’s residents must contribute to the building and upkeep of the city gates [le’aglei gappa], and for this purpose money is collected even from orphans. But the Sages do not require protection and are therefore exempt from this payment. All of the city’s residents must contribute to the digging of cisterns [lekarya patya], and for this purpose money is collected even from the Sages, since they too need water. The Gemara comments: And we said this only when the people are not required to go out en masse [be’akhluza] and do the actual digging, but are obligated merely to contribute money for that purpose. But if the people are required to go out en masse and actually dig, the Sages are not expected to go out with them en masse, but rather they are exempt from such labor.
רַבִּי פָּתַח אוֹצָרוֹת בִּשְׁנֵי בַצּוֹרֶת, אָמַר: יִכָּנְסוּ בַּעֲלֵי מִקְרָא, בַּעֲלֵי מִשְׁנָה, בַּעֲלֵי תַלְמוּד, בַּעֲלֵי הֲלָכָה, בַּעֲלֵי הַגָּדָה; אֲבָל עַמֵּי הָאָרֶץ אַל יִכָּנְסוּ. דָּחַק רַבִּי יוֹנָתָן בֶּן עַמְרָם וְנִכְנַס. אָמַר לוֹ: ״רַבִּי, פַּרְנְסֵנִי!״ אָמַר לוֹ: ״בְּנִי, קָרִיתָ?״ אָמַר לוֹ: ״לָאו״. ״שָׁנִיתָ?״ אָמַר לוֹ: ״לָאו״. ״אִם כֵּן, בַּמָּה אֲפַרְנְסֶךָ?״ [אָמַר לוֹ:] ״פַּרְנְסֵנִי כְּכֶלֶב וּכְעוֹרֵב״. פַּרְנְסֵיהּ.
It is related that Rabbi Yehuda HaNasi once opened his storehouses to distribute food during years of drought. He said: Masters of Bible, masters of Mishna, masters of Talmud, masters of halakha, masters of aggada may enter and receive food from me, but ignoramuses should not enter. Rabbi Yonatan ben Amram, whom Rabbi Yehuda HaNasi did not know, pushed his way in, and entered, and said to him: Rabbi Yehuda HaNasi, sustain me. Rabbi Yehuda HaNasi said to him: My son, have you read the Bible? Rabbi Yonatan ben Amram said to him, out of modesty: No. Rabbi Yehuda HaNasi continued: Have you studied Mishna? Once again, Rabbi Yonatan ben Amram said to him: No. Rabbi Yehuda HaNasi then asked him: If so, by what merit should I sustain you? Rabbi Yonatan ben Amram said to him: Sustain me like a dog and like a raven, who are given food even though they have not learned anything. Rabbi Yehuda HaNasi was moved by his words and fed him.
בָּתַר דִּנְפַק יְתֵיב רַבִּי וְקָא מִצְטַעַר, וְאָמַר: אוֹי לִי שֶׁנָּתַתִּי פִּתִּי לְעַם הָאָרֶץ! אָמַר לְפָנָיו רַבִּי שִׁמְעוֹן בַּר רַבִּי: שֶׁמָּא יוֹנָתָן בֶּן עַמְרָם תַּלְמִידְךָ הוּא, שֶׁאֵינוֹ רוֹצֶה לֵיהָנוֹת מִכְּבוֹד תּוֹרָה מִיָּמָיו? בָּדְקוּ וְאַשְׁכַּח. אָמַר רַבִּי: יִכָּנְסוּ הַכֹּל.
After Rabbi Yonatan left, Rabbi Yehuda HaNasi sat, and was distressed, and said: Woe is me, that I have given my bread to an ignoramus. His son, Rabbi Shimon bar Rabbi Yehuda HaNasi, said to him: Perhaps he was your disciple Yonatan ben Amram, who never in his life wanted to materially benefit from the honor shown to the Torah? They investigated the matter and found that such was the case. Rabbi Yehuda HaNasi then said: Let everyone enter, as there may also be others who hide the fact that they are true Torah scholars.
רַבִּי לְטַעְמֵיהּ, דַּאֲמַר רַבִּי: אֵין פּוּרְעָנוּת בָּא לָעוֹלָם אֶלָּא בִּשְׁבִיל עַמֵּי הָאָרֶץ. כְּהַהוּא דְּמֵי כְלִילָא דִּשְׁדוֹ אַטְּבֶרְיָא, אֲתוֹ לְקַמֵּיהּ דְּרַבִּי וַאֲמַרוּ לֵיהּ: ״לִיתְּבוּ רַבָּנַן בַּהֲדַן״. אֲמַר לְהוּ: ״לָא״. אֲמַרוּ לֵיהּ: ״עָרְוקִינַן״. [אֲמַר לְהוּ:] ״עֲרוֹקוּ״. עֲרַקוּ פַּלְגֵיהוֹן, דַּלְיוּהּ פַּלְגָא.
Commenting on Rabbi Yehuda HaNasi’s opinion, the Gemara notes that Rabbi Yehuda HaNasi conformed to his standard line of reasoning, as Rabbi Yehuda HaNasi says: Suffering comes to the world only due to ignoramuses. This is like the incident of the crown tax [kelila] that was imposed on the residents of the city of Tiberias. The heads of the city came before Rabbi Yehuda HaNasi and said to him: The Sages should contribute along with us. Rabbi Yehuda HaNasi said to them: No, the Sages are exempt. They said to him: Then we will run away and the entire burden will fall on the Torah scholars. Rabbi Yehuda HaNasi said to them: Run away as you please. Half of the city’s residents ran away. The authorities then waived half the sum that they had initially imposed on the city.
אֲתוֹ הָנְהוּ פַּלְגָא קַמֵּי דְּרַבִּי, אֲמַרוּ לֵיהּ: ״לִיתְּבוּ רַבָּנַן בַּהֲדַן״. אֲמַר לְהוּ: ״לָא״. ״עָרְוקִינַן״. ״עֲרוּקוּ״. עֲרַקוּ כּוּלְּהוּ, פָּשׁ הַהוּא כּוֹבֵס. שַׁדְיוּהּ אַכּוֹבֵס. עֲרַק כּוֹבֵס, פְּקַע כְּלִילָא. אָמַר רַבִּי: רְאִיתֶם שֶׁאֵין פּוּרְעָנוּת בָּא לָעוֹלָם אֶלָּא בִּשְׁבִיל עַמֵּי הָאָרֶץ.
The half of the population that remained in the city then came before Rabbi Yehuda HaNasi, and said to him: The Sages should contribute along with us. Rabbi Yehuda HaNasi said to them: No, the Sages are exempt. They said to him: Then we too will run away. Rabbi Yehuda HaNasi said to them: Run away as you please. They all ran away, so that only one launderer was left in the city. The authorities imposed the entire tax on the launderer. The launderer then ran away as well. The crown tax was then canceled in its entirety. Rabbi Yehuda HaNasi said: You see from this that suffering comes to the world only due to ignoramuses, for as soon as they all fled from the city, the crown tax was completely canceled.
וְכַמָּה יְהֵא בָּעִיר וִיהֵא כְּאַנְשֵׁי הָעִיר וְכוּ׳. וּרְמִינְהִי: הַחַמֶּרֶת וְהַגַּמֶּלֶת הָעוֹבֶרֶת מִמָּקוֹם לְמָקוֹם, וְלָנָה בְּתוֹכָהּ וְהוּדְּחָה עִמָּהֶן, הֵן בִּסְקִילָה, וּמָמוֹנָן פָּלֵט.
§ The mishna teaches: And how long must one live in the city to be considered like one of the people of the city? Twelve months. And we raise a contradiction from what is taught in a baraita: In the case of a donkey caravan or a camel caravan that was journeying from place to place, and it lodged inside an idolatrous city, and its members were led astray along with the other residents of the city, and they too engaged in idol worship, they, the members of the caravan, are liable to death by stoning like ordinary individual idolaters, and their property escapes destruction, i.e., they are not treated like the residents of an idolatrous city, who are liable to death by the sword and whose property is destroyed.
וְאִם נִשְׁתַּהוּ שָׁם שְׁלֹשִׁים יוֹם – הֵן בְּסַיִיף, וּמָמוֹנָן אָבֵד!
The baraita continues: And if the caravan members had remained in that city for thirty days, they are liable to death by the sword and their property is destroyed, just as it is for the rest of the residents of the city. This seems to indicate that once an individual has lived in a city for thirty days, he is already considered one of its residents.
אָמַר רָבָא, לָא קַשְׁיָא: הָא לִבְנֵי מָתָא, הָא לְיָתוֹבֵי מָתָא. כִּדְתַנְיָא: הַמּוּדָּר הֲנָאָה מֵאַנְשֵׁי הָעִיר; כׇּל שֶׁנִּשְׁתַּהָא שָׁם שְׁנֵים עָשָׂר חֹדֶשׁ – אָסוּר לֵיהָנוֹת מִמֶּנּוּ, פָּחוֹת מִכָּאן – מוּתָּר. מִיּוֹשְׁבֵי הָעִיר; כׇּל שֶׁנִּשְׁתַּהָא שָׁם שְׁלֹשִׁים יוֹם – אָסוּר לֵיהָנוֹת מִמֶּנּוּ, פָּחוֹת מִכָּאן – מוּתָּר לֵיהָנוֹת מִמֶּנּוּ.
Rava said: This is not difficult. This period, i.e., twelve months, is required in order to be considered one of the members of the city; and that period, i.e., thirty days, suffices in order to be considered one of the residents of the city. As it is taught in a baraita: One who is prohibited by a vow from deriving benefit from the people of a particular city is prohibited from deriving benefit from anyone who has stayed there for twelve months, but it is permitted for him to derive benefit from anyone who has stayed there for less time than that. By contrast, if he prohibited himself by way of a vow from deriving benefit from the residents of a particular city, he is prohibited from deriving benefit from anyone who has stayed there for thirty days, but it is permitted for him to derive benefit from anyone who has stayed there for less time than that.
וּלְכׇל מִילֵּי מִי בָּעִינַן שְׁנֵים עָשָׂר חֹדֶשׁ? וְהָתַנְיָא: שְׁלֹשִׁים יוֹם – לְתַמְחוּי, שְׁלֹשָׁה חֳדָשִׁים – לְקוּפָּהּ, שִׁשָּׁה – לִכְסוּת, תִּשְׁעָה – לִקְבוּרָה, שְׁנֵים עָשָׂר – לְפַסֵּי הָעִיר! אָמַר רַבִּי אַסִּי אָמַר רַבִּי יוֹחָנָן: כִּי תְּנַן נָמֵי מַתְנִיתִין ״שְׁנֵים עָשָׂר חֹדֶשׁ״ – לְפַסֵּי הָעִיר תְּנַן.
The Gemara asks: And do we require that one lives in a city for twelve months for all matters? But isn’t it taught in a baraita: If one lives in city for thirty days, he must contribute to the charity platter from which food is distributed to the poor. If he lives there for three months, he must contribute to the charity box. If he lives there for six months, he must contribute to the clothing fund. If he lives there for nine months, he must contribute to the burial fund. If he lives there for twelve months, he must contribute to the columns of the city [lepassei ha’ir], i.e., for the construction of a security fence. Rabbi Asi said that Rabbi Yoḥanan said: When we learned twelve months in the mishna, we learned that with regard to contributing to the columns of the city, money used for protecting and strengthening the city, but not for other matters.
וְאָמַר רַבִּי אַסִּי אָמַר רַבִּי יוֹחָנָן: הַכֹּל לְפַסֵּי הָעִיר, וַאֲפִילּוּ מִיַּתְמֵי; אֲבָל רַבָּנַן – לָא, דְּרַבָּנַן לָא צְרִיכִי נְטִירוּתָא. אֲמַר רַב פָּפָּא: לְשׁוּרָא וּלְפָרָשָׁאה וּלְטֻרְזִינָא – אֲפִילּוּ מִיַּתְמֵי; אֲבָל רַבָּנַן – לָא צְרִיכִי נְטִירוּתָא. כְּלָלָא דְמִילְּתָא: כׇּל מִילְּתָא דְּאִית לְהוּ הֲנָאָה מִינֵּיהּ – אֲפִילּוּ מִיַּתְמֵי.
And Rabbi Asi says that Rabbi Yoḥanan says: All are required to contribute to the columns of the city, and money is collected for that purpose even from orphans. But the Sages are not required to contribute, since the Sages do not need protection. Rav Pappa said: Money is collected even from orphans for the city wall, for the city horseman, and for the guard [uletarzina] of the city armory, but the Sages do not require protection. The principle of the matter is: Money is collected even from orphans for anything from which they derive benefit.
רַבָּה רְמָא צְדָקָה אַיַּתְמֵי דְּבֵי בַּר מָרִיּוֹן. אֲמַר לֵיהּ אַבָּיֵי, וְהָתָנֵי רַב שְׁמוּאֵל בַּר יְהוּדָה: אֵין פּוֹסְקִין צְדָקָה עַל הַיְּתוֹמִים – אֲפִילּוּ לְפִדְיוֹן שְׁבוּיִם! אֲמַר לֵיהּ: אֲנָא לְאַחְשׁוֹבִינְהוּ קָא עָבֵידְנָא.
It is reported that Rabba imposed a contribution to a certain charity on the orphans of the house of bar Maryon. Abaye said to him: But didn’t Rav Shmuel bar Yehuda teach: One does not impose a charity obligation on orphans even for the sake of redeeming captives, since they are minors and are not obligated in the mitzvot? Rabba said to him: I did this to elevate them in standing, i.e., so that people should honor them as generous benefactors; not in order that the poor should benefit.
אִיפְרָא הוֹרְמִיז, אִימֵּיהּ דְּשַׁבּוּר מַלְכָּא, שַׁדַּרָה אַרְנְקָא דְּדִינָרֵי לְקַמֵּיהּ דְּרַב יוֹסֵף, אֲמַרָה: לֶיהֱוֵי לְמִצְוָה רַבָּה. יָתֵיב רַב יוֹסֵף וְקָא מְעַיֵּין בַּהּ, מַאי ״מִצְוָה רַבָּה״? אֲמַר לֵיהּ אַבָּיֵי: מִדְּתָנֵי רַב שְׁמוּאֵל בַּר יְהוּדָה: אֵין פּוֹסְקִין צְדָקָה עַל הַיְּתוֹמִים אֲפִילּוּ לְפִדְיוֹן שְׁבוּיִם, שְׁמַע מִינַּהּ
Incidental to this story, the Gemara relates that Ifera Hurmiz, the mother of King Shapur, king of Persia, sent a purse [arneka] full of dinars to Rav Yosef. She said to him: Let the money be used for a great mitzva. Rav Yosef sat and considered the question: What did Ifera Hurmiz mean when she attached a condition to the gift, saying that it should be used for a great mitzva? Abaye said to him: From what Rav Shmuel bar Yehuda taught, that one does not impose a charity obligation on orphans even for the sake of redeeming captives, learn from this
פִּדְיוֹן שְׁבוּיִם מִצְוָה רַבָּה הִיא.
that redeeming captives is a great mitzva.
אֲמַר לֵיהּ רָבָא לְרַבָּה בַּר מָרִי: מְנַָא הָא מִילְּתָא דַאֲמוּר רַבָּנַן דְּפִדְיוֹן שְׁבוּיִם מִצְוָה רַבָּה הִיא? אֲמַר לֵיהּ, דִּכְתִיב: ״וְהָיָה כִּי יֹאמְרוּ אֵלֶיךָ אָנָה נֵצֵא, וְאָמַרְתָּ אֲלֵיהֶם כֹּה אָמַר ה׳, אֲשֶׁר לַמָּוֶת – לַמָּוֶת, וַאֲשֶׁר לַחֶרֶב – לַחֶרֶב, וַאֲשֶׁר לָרָעָב – לָרָעָב, וַאֲשֶׁר לַשְּׁבִי – לַשֶּׁבִי״. וְאָמַר רַבִּי יוֹחָנָן: כׇּל הַמְאוּחָר בְּפָסוּק זֶה קָשֶׁה מֵחֲבֵירוֹ.
Rava said to Rabba bar Mari: Concerning this matter that the Sages stated, that redeeming captives is a great mitzva, from where is it derived? Rabba bar Mari said to him: As it is written: “And it shall come to pass, when they say to you: To where shall we depart? Then you shall tell them: So says the Lord: Such as are for death, to death; and such as are for the sword, to the sword; and such as are for famine, to famine; and such as are for captivity, to captivity” (Jeremiah 15:2). And Rabbi Yoḥanan says: Whichever punishment is written later in this verse is more severe than the one before it.
חֶרֶב קָשָׁה מִמָּוֶת – אִי בָּעֵית אֵימָא קְרָא, וְאִי בָּעֵית אֵימָא סְבָרָא. אִי בָּעֵית אֵימָא סְבָרָא – הַאי קָא מִינַּוַּול, וְהַאי לָא קָא מִינַּוַּול. וְאִיבָּעֵית אֵימָא קְרָא – ״יָקָר בְּעֵינֵי ה׳ הַמָּוְתָה לַחֲסִידָיו״.
Rabbi Yoḥanan explains: The sword is worse than death. If you wish, say that this is learned from a verse; if you wish, say instead that it is derived by way of logical reasoning. If you wish, say that this is derived by way of logical reasoning: This punishment, i.e., death by sword, mutilates the body, but that punishment, i.e., natural death, does not mutilate it. And if you wish, say that the fact that the sword is worse than death is learned from a verse: “Precious in the sight of the Lord is the death of His pious ones” (Psalms 116:15).
רָעָב קָשֶׁה מֵחֶרֶב – אִיבָּעֵית אֵימָא סְבָרָא: הַאי קָא מִצְטַעַר, וְהַאי לָא קָא מִצְטַעַר. אִיבָּעֵית אֵימָא קְרָא: ״טוֹבִים הָיוּ חַלְלֵי חֶרֶב מֵחַלְלֵי רָעָב״. שֶׁבִי [קָשֶׁה מִכּוּלָּם] – דְּכוּלְּהוּ אִיתַנְהוּ בֵּיהּ.
Famine is worse than the sword. If you wish, say that this is derived by way of logical reasoning: This one, who dies of famine, suffers greatly before departing from this world, but that one, who dies by the sword, does not suffer. If you wish, say instead that the fact that famine is worse than the sword is learned from a verse: “More fortunate were the victims of the sword than the victims of famine” (Lamentations 4:9). And captivity is worse than all of them, as it includes all of them, i.e., famine, the sword, and death.
תָּנוּ רַבָּנַן: קוּפָּה שֶׁל צְדָקָה נִגְבֵּית בִּשְׁנַיִם, וּמִתְחַלֶּקֶת בִּשְׁלֹשָׁה. נִגְבֵּית בִּשְׁנַיִם – שֶׁאֵין עוֹשִׂים שְׂרָרוֹת עַל הַצִּבּוּר פָּחוֹת מִשְּׁנַיִם, וּמִתְחַלֶּקֶת בִּשְׁלֹשָׁה – כְּדִינֵי מָמוֹנוֹת.
§ In connection with the previous discussion concerning charity distribution, the Gemara cites a baraita in which the Sages taught: Money for the charity fund is collected by two people and distributed by three people. It is collected by two people because one does not appoint an authority over the community composed of fewer than two people. And it is distributed by three people, like the number of judges needed in cases of monetary law, since the distributors determine who receives money and who does not, as well as how much each person receives.
תַּמְחוּי נִגְבֵּית בִּשְׁלֹשָׁה, וּמִתְחַלֶּקֶת בִּשְׁלֹשָׁה; שֶׁגִּבּוּיָהּ וְחִלּוּקָהּ שָׁוִים. תַּמְחוּי – בְּכׇל יוֹם, קוּפָּה – מֵעֶרֶב שַׁבָּת לְעֶרֶב שַׁבָּת.
Food for the charity platter is collected by three people and distributed by three people because its collection and its distribution take place on the same day. Food for the charity platter is collected and distributed every day, and therefore a third individual must participate in the collection so that he will be available to take part in the distribution without delay; whereas the money of the charity fund is distributed only once a week, on each Shabbat eve.
תַּמְחוּי – לַעֲנִיֵּי עוֹלָם, קוּפָּה – לַעֲנִיֵּי הָעִיר. וְרַשָּׁאִים בְּנֵי הָעִיר לַעֲשׂוֹת קוּפָּה – תַּמְחוּי, וְתַמְחוּי – קוּפָּה, וּלְשַׁנּוֹתָהּ לְכׇל מַה שֶּׁיִּרְצוּ.
There are additional differences between these two types of charity operations: The food from the charity platter is distributed to the poor of the world, meaning, to any poor individual arriving in the city; the money of the charity fund is allocated exclusively to the poor of the city. But it is permitted for the residents of the city to use money that has been collected for the charity fund to purchase food for the charity platter to feed the poor; and similarly they may use food that had been collected for the charity platter for the charity fund. In general, it is permitted for them to change the purpose toward which charity will be used to whatever they want, in accordance with the needs of the community.
וְרַשָּׁאִין בְּנֵי הָעִיר לְהַתְנוֹת עַל הַמִּדּוֹת, וְעַל הַשְּׁעָרִים, וְעַל שְׂכַר פּוֹעֲלִים; וּלְהַסִּיעַ עַל קִיצָתָן.
Similarly, it is permitted for the residents of the city to set the measures used in that city, the prices set for products sold there, and the wages paid to its workers, and to fine people for violating their specifications, in order to enforce observance of these halakhot. This marks the end of the baraita, the details of which the Gemara proceeds to analyze.
אָמַר מָר: אֵין עוֹשִׂין שְׂרָרוֹת עַל הַצִּבּוּר פָּחוֹת מִשְּׁנַיִם. מְנָא הָנֵי מִילֵּי? אָמַר רַב נַחְמָן, אָמַר קְרָא: ״וְהֵם יִקְחוּ אֶת הַזָּהָב וְגוֹ׳״.
The Master said in the baraita: One does not appoint an authority over the community composed of fewer than two people. The Gemara asks: From where are these matters derived? Rav Naḥman says that this is derived from a verse referring to those engaged in building the Tabernacle and weaving the priestly vestments, who received the community’s donations. The verse states: “And they shall take the gold, and the sky-blue wool, and the purple wool” (Exodus 28:5). The plural “they” indicates that the collection must be performed by two people.
שְׂרָרוֹת הוּא דְּלָא עָבְדִי, הָא הֵימוֹנֵי מְהֵימַן – מְסַיַּיע לֵיהּ לְרַבִּי חֲנִינָא, דְּאָמַר רַבִּי חֲנִינָא: מַעֲשֶׂה וּמִינָּה רַבִּי שְׁנֵי אַחִין עַל הַקּוּפָּה.
The Gemara comments: The baraita indicates that authority may not be exercised by less than two people, but even a single individual is trusted to be a treasurer. That is, money for the charity fund is collected by two people, not because a single individual is not trusted not to misappropriate the money, but rather because a single individual should not be given authority over the community. This supports the opinion of Rabbi Ḥanina, as Rabbi Ḥanina says: There was an incident where Rabbi Yehuda HaNasi appointed two brothers to administer the charity fund. Even though the brothers were relatives who are not trusted to testify against each other, Rabbi Yehuda HaNasi was not concerned and he appointed them.
מַאי שְׂרָרוּתָא? דְּאָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: לְפִי שֶׁמְּמַשְׁכְּנִין עַל הַצְּדָקָה, וַאֲפִילּוּ בְּעֶרֶב שַׁבָּת. אִינִּי? וְהָא כְּתִיב: ״וּפָקַדְתִּי עַל כׇּל לֹחֲצָיו״, וְאָמַר רַבִּי יִצְחָק בַּר שְׁמוּאֵל בַּר מָרְתָא מִשְּׁמֵיהּ דְרַב: וַאֲפִילּוּ עַל גַּבָּאֵי צְדָקָה!
The Gemara asks: What authority is associated with collecting charity? The Gemara answers: As Rav Naḥman says that Rabba bar Avuh says: Because they can seize collateral for the charity; i.e., they can collect charity by force, and even on Shabbat eve, when people are busy and might claim that they have no time or money. The Gemara objects: Is that so? But isn’t it written: “I will punish all that oppress them” (Jeremiah 30:20), and Rabbi Yitzḥak bar Shmuel bar Marta says in the name of Rav: And punishment will be meted out even to charity collectors? If charity collectors are permitted to force people to contribute charity, why are they counted among Israel’s oppressors?
לָא קַשְׁיָא; הָא דַּאֲמִיד, הָא דְּלָא אֲמִיד. כִּי הָא דְּרָבָא אַכְפְּיֵהּ לְרַב נָתָן בַּר אַמֵּי, וּשְׁקַיל מִינֵּיהּ אַרְבַּע מְאָה זוּזֵי לִצְדָקָה.
The Gemara answers: This is not difficult. This, Rabbi Naḥman’s statement, applies when the contributor is rich, in which case the collectors may seize money from him even by force. That, Rabbi Yitzḥak’s statement, applies when he is not rich, in which case the collectors who take money from him by force are termed oppressors of Israel. This right to force contributions from the rich is like what occurred in the incident in which Rava compelled Rav Natan bar Ami and took four hundred dinars from him for charity.
״וְהַמַּשְׂכִּלִים יַזְהִרוּ כְּזֹהַר הָרָקִיעַ וְגוֹ׳״; ״הַמַּשְׂכִּלִים יַזְהִרוּ כְּזֹהַר הָרָקִיעַ״ – זֶה דַּיָּין שֶׁדָּן דִּין אֱמֶת לַאֲמִתּוֹ. ״וּמַצְדִּיקֵי הָרַבִּים כַּכּוֹכָבִים לְעוֹלָם וָעֶד״ – אֵלּוּ גַּבָּאֵי צְדָקָה.
Having raised the issue of charity collection, the Gemara cites various rabbinic expositions with regard to the matter. The verse states: “And they who are wise shall shine like the brightness of the firmament; and they who turn many to righteousness like the stars for ever and ever” (Daniel 12:3). “And they who are wise shall shine like the brightness of the firmament”; this is a judge who judges an absolutely true judgment, as his wisdom and understanding lead him to a correct judgment. “And they who turn many to righteousness like the stars for ever and ever”; these are the charity collectors, who facilitate the giving of charity.
בְּמַתְנִיתָא תָּנָא: ״וְהַמַּשְׂכִּלִים יַזְהִרוּ כְּזֹהַר הָרָקִיעַ״ – זֶה דַּיָּין שֶׁדָּן דִּין אֱמֶת לַאֲמִתּוֹ, וְגַבָּאֵי צְדָקָה. ״וּמַצְדִּיקֵי הָרַבִּים כַּכּוֹכָבִים לְעוֹלָם וָעֶד״ – אֵלּוּ מְלַמְּדֵי תִינוֹקוֹת. כְּגוֹן מַאן? אָמַר רַב: כְּגוֹן רַב שְׁמוּאֵל בַּר שִׁילַת. דְּרַב אַשְׁכְּחֵיהּ לְרַב שְׁמוּאֵל בַּר שִׁילַת דַּהֲוָה קָאֵי בְּגִינְּתָא, אֲמַר לֵיהּ: שְׁבַקְתֵּיהּ לְהֵימָנוּתָךְ? אֲמַר לֵיהּ: הָא תְּלֵיסַר שְׁנִין דְּלָא חַזְיָא לִי, וְהַשְׁתָּא נָמֵי דַּעְתַּאי עִלָּוַיְהוּ.
It was taught in a baraita: “And they who are wise shall shine like the brightness of the firmament”; this is a judge who judges an absolutely true judgment and also charity collectors. “And they who turn many to righteousness like the stars for ever and ever”; these are schoolteachers. The Gemara asks: Like whom? Certainly not every schoolteacher is worthy of such accolades. Rav said: For example, Rav Shmuel bar Sheilat. As it is told that Rav once found Rav Shmuel bar Sheilat standing in a garden. Rav said to him: Have you abandoned your trust and neglected your students? Rav Shmuel bar Sheilat said to him: It has been thirteen years now that I have not seen my garden, and even now my thoughts are on the children.
וְרַבָּנַן מַאי? אָמַר רָבִינָא: ״וְאֹהֲבָיו כְּצֵאת הַשֶּׁמֶשׁ בִּגְבֻרָתוֹ״.
In light of the praises heaped upon judges, tax collectors, and schoolteachers, the Gemara asks: And what was said about the Sages? Ravina said that about them it is stated: “But let them that love Him be as the sun when it comes out in its might” (Judges 5:31).
תָּנוּ רַבָּנַן: גַּבָּאֵי צְדָקָה אֵינָן רַשָּׁאִין לִפְרוֹשׁ זֶה מִזֶּה, אֲבָל פּוֹרֵשׁ זֶה לַשַּׁעַר וְזֶה לַחֲנוּת. מָצָא מָעוֹת בַּשּׁוּק – לֹא יִתְּנֵם בְּתוֹךְ כִּיסוֹ; אֶלָּא נוֹתְנָן לְתוֹךְ אַרְנָקִי שֶׁל צְדָקָה, וּלִכְשֶׁיָּבֹא לְבֵיתוֹ יִטְּלֵם. כַּיּוֹצֵא בּוֹ, הָיָה נוֹשֶׁה בַּחֲבֵירוֹ מָנֶה, וּפְרָעוֹ בַּשּׁוּק – לֹא יִתְּנֶנּוּ לְתוֹךְ כִּיסוֹ, אֶלָּא נוֹתְנָן לְתוֹךְ אַרְנָקִי שֶׁל צְדָקָה, וּלִכְשֶׁיָּבֹא לְבֵיתוֹ יַטְלֵם.
The Gemara resumes its discussion of the halakhot of charity collection: The Sages taught in a baraita: Charity collectors may not separate from each other, each one collecting in a different place; but in a place where the two can see each other, one collector may separate from the other, e.g., this one going to the gate of a house and that one going to a store. If a charity collector found coins in the market, he may not put them into his own pocket, but rather he must put them into the charity purse, and then later when he comes home, he may take them from there. This is necessary so that people should not suspect him of taking charity money for himself. Similarly, if the charity collector was owed one hundred dinars by another, and the latter repaid his debt in the market, the collector may not put the money he received into his own pocket, but rather he must put it into the charity purse, and then later when he comes home, he may take it.
תָּנוּ רַבָּנַן: גַּבָּאֵי צְדָקָה שֶׁאֵין לָהֶם עֲנִיִּים לְחַלֵּק – פּוֹרְטִין לַאֲחֵרִים, וְאֵין פּוֹרְטִין לְעַצְמָן. גַּבָּאֵי תַמְחוּי שֶׁאֵין לָהֶם עֲנִיִּים לְחַלֵּק – מוֹכְרִין לַאֲחֵרִים וְאֵין מוֹכְרִין לְעַצְמָן. מָעוֹת שֶׁל צְדָקָה – אֵין מוֹנִין אוֹתָן שְׁתַּיִם, אֶלָּא אַחַת אַחַת.
The Sages taught in a baraita: Charity collectors who have no poor people to whom they can distribute the money, may exchange [poretin] the money, i.e., exchange the copper coins, which tend to rust, for silver dinars, with other people, but they should not change it by themselves, i.e., with their own coins, to avoid any suspicion of wrongdoing. Likewise, collectors of food for the charity platter who do not have poor people to whom to distribute the food may sell the food to others, but they should not sell it to themselves, for a similar reason. Coins of charity are not counted two by two, but rather one by one, to avoid errors in tallying.
אָמַר אַבָּיֵי: מֵרֵישׁ לָא הֲוָה יָתֵיב מָר אַצִּיפֵּי דְּבֵי כְנִישְׁתָּא. כֵּיוָן דְּשַׁמְעַהּ לְהָא דְּתַנְיָא: ״וּלְשַׁנּוֹתָהּ לְכׇל מַה שֶּׁיִּרְצוּ״, הֲוָה יָתֵיב. אָמַר אַבָּיֵי: מֵרֵישׁ הֲוָה עָבֵיד מָר תְּרֵי כִיסֵי – חַד לַעֲנִיֵּי דְעָלְמָא, וְחַד לַעֲנִיֵּי דְמָתָא. כֵּיוָן דְּשַׁמְעַהּ לְהָא דַּאֲמַר לֵיהּ שְׁמוּאֵל לְרַב תַּחְלִיפָא בַּר אַבְדִּימִי: ״עָבֵיד חַד כִּיסָא,
Abaye said: At first, my Master, Rabba, would not sit on the mats in the synagogue because they had been purchased with charity funds. Once he heard that which is taught in a baraita, that it is permitted for the residents of a city to change the purpose toward which charity will be used to whatever they want, he did sit on them. Abaye said: At first, my Master, Rabba, would make two purses, one for the poor of the rest of the world, and one for the poor of his city. Once he heard what Shmuel said to Rav Taḥalifa bar Avdimi: Make only one purse,
