Re'eh: Aspiration and Reality

(1) Blessed are You, Hashem our God, Ruler of the Universe, Who sanctified us with commandments and commanded us to be engrossed in the words of Torah.

(1) Every seventh year you shall practice remission of debts. (2) This shall be the nature of the remission: every creditor shall remit the due that he claims from his fellow; he shall not dun his fellow or kinsman, for the remission proclaimed is of Hashem. (3) You may dun the foreigner; but you must remit whatever is due you from your kinsmen. (4) There shall be no needy among you—since Hashem your God will bless you in the land that Hashem your God is giving you as a hereditary portion— (5) if only you heed Hashem your God and take care to keep all this Instruction that I enjoin upon you this day. (6) For Hashem your God will bless you as S/He has promised you: you will extend loans to many nations, but require none yourself; you will dominate many nations, but they will not dominate you. (7) If, however, there is a needy person among you, one of your kinsmen in any of your settlements in the land that Hashem your God is giving you, do not harden your heart and shut your hand against your needy kinsman. (8) Rather, you must open your hand and lend him sufficient for whatever he needs. (9) Beware lest you harbor the base thought, “The seventh year, the year of remission, is approaching,” so that you are mean to your needy kinsman and give him nothing. He will cry out to Hashem against you, and you will incur guilt. (10) Give to him readily and have no regrets when you do so, for in return Hashem your God will bless you in all your efforts and in all your undertakings. (11) For there will never cease to be needy ones in your land, which is why I command you: open your hand to the poor and needy kinsman in your land.

אפס כי לא יהיה בך אביון HOWBEIT THERE SHALL BE NO NEEDY AMONG YOU — But further on (v. 11) it states, “For the needy shall never cease out of the land”! But the explanation is: When you do the will of the Omnipresent the needy will be amongst the others and not amongst you, if, however, you do not the will of the Omnipresent, the needy will be amongst you (Sifrei Devarim 114:1).

אפס כי לא יהיה בך אביון, even though I have said that you must forgive overdue debts, the fact is that there will be no need for this commandment to apply in practice as there will not be anyone in that kind of need. There can hardly be a question that during all the years when Joshua was the leader of the people this promise applied and no one was in need of having past due debts forgiven. We have it on irrefutable authority that as long as Joshua and the elders of his generation were alive the Jewish people kept the Torah in an exemplary fashion. (Joshua 24,31)

§ The mishna taught that Hillel the Elder instituted a document that prevents the Sabbatical Year from abrogating an outstanding debt [prosbol]. We learned in a mishna there (Shevi’it 10:3): If one writes a prosbol, the Sabbatical Year does not abrogate debt. This is one of the matters that Hillel the Elder instituted because he saw that the people of the nation were refraining from lending to one another around the time of the Sabbatical Year, as they were concerned that the debtor would not repay the loan, and they violated that which is written in the Torah: “Beware that there be not a base thought in your heart, saying: The seventh year, the year of release, is at hand; and your eye be evil against your needy brother, and you give him nothing” (Deuteronomy 15:9). He arose and instituted the prosbol so that it would also be possible to collect those debts in order to ensure that people would continue to give loans. And this is the essence of the text of the prosbol: I transfer to you, so-and-so the judges, who are in such and such a place, so that I will collect any debt that I am owed by so-and-so whenever I wish, as the court now has the right to collect the debts. And the judges or the witnesses sign below, and this is sufficient. The creditor will then be able to collect the debt on behalf of the court, and the court can give it to him.

(Ibid. 7) "If there be in you a pauper": and not in gentiles. "pauper": The neediest takes precedence. "of one of your brothers": your brothers from your mother; "one (of your brothers"): your brothers from your father. We are hereby (["one"]) taught that your brothers from your father take precedence to your brothers from your mother. "in one of your gates": The inhabitants of your city take precedence to those of another. "in one of your gates": If he sits in one place you are obliged to help him; if he goes begging from door to door you are not obliged to do so. "in your land": The inhabitants of Eretz Yisrael take precedence to those who live outside the land. "that the L-rd your G-d gives to you": (This extends the obligation) to all places. "Do not harden your heart": There are some who agonize over whether to give or not to give. "and do not close your hand": There are some who stretch forth their hand and retract it and close their fist. "to your brother the pauper": If you do not give him, in the end you will take from him.

“If you lend money to any of My people, even to the poor person who is with you” (Exodus 22:24). The term “My people” teaches that if one of My people, i.e., a Jew, and a gentile both come to borrow money from you, My people take precedence. The term “the poor person” teaches that if a poor person and a rich person come to borrow money, the poor person takes precedence. And from the term: “Who is with you,” it is derived: If your poor person, meaning one of your relatives, and one of the poor of your city come to borrow money, your poor person takes precedence. If it is between one of the poor of your city and one of the poor of another city, the one of the poor of your city takes precedence. The Master said above: If one of My people and a gentile come to you for a loan, My people take precedence. The Gemara asks: Isn’t this obvious? Is there any reason to think that a gentile would take precedence over a Jew? Rav Naḥman said that Rav Huna said to me: It is necessary only to teach that even if the choice is to lend money to a gentile with interest or to a Jew for free, without interest, one must still give preference to the Jew and lend the money to him, even though this will entail a lack of profit. It is taught in a baraita: Rabbi Yosei says: Come and see the blindness in the eyes of those who lend money with interest. If a person calls another a wicked person in public, the other becomes insulted and he harasses him in all aspects of his life because he called him by this disgraceful name. But they who lend with interest bring witnesses and a scribe [velavlar] and a pen [vekulmos] and ink and write and sign a document that testifies: So-and-so denies the existence of the God of Israel, as the very fact that he lent with interest in defiance of the Torah is tantamount to a denial of the existence of God.

FOR THE POOR SHALL NEVER CEASE OUT OF THE LAND. Commentators have said that the meaning thereof is that the poor shall never cease out of the Land at any of all times, for there will always be poor in the Land, for it was apparent before Him that they will not do [to make possible] what he said to them, But there shall be no needy among you, if only thou diligently hearken unto the voice of the Eternal thy G-d to observe to do all this commandment. But it is not correct in my opinion, for the Torah may allude to what will be but it would not explicitly prophesy about them [the Israelites] that they will not fulfill the Torah, nor would he have commanded them [to observe the commandments while foretelling] that they would always transgress them. Forbid it! It is only by way of warning that he mentions [their transgressions].
The correct interpretation is that he says that it is impossible for the poor to cease so that none should ever exist. He [Moses] mentioned this because, having assured them that there would be no needy if they observe all the commandments he said: “But I know that not all generations forever will observe all the commandments in which case there would be no need to charge you concerning the poor, for perhaps, at some time, there will exist poor and so I command you about him if he will be found.” He states out of the Land [for the poor shall never cease ‘out of the Land’] in order to allude to the entire habitation [anywhere on earth], for the promise that there would not be needy among us applies in the Land which the Eternal our G-d giveth us for an inheritance if we will fulfill there all the commandments. And now he said that it is possible that, at some period or at some place where you will have settled, there be found a poor man among you. For the meaning of the expression in thy Land [If there be among you a needy man … ‘in thy Land’] is like in all your habitations — within the Land of Israel and outside of the Land.