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Poverty and tzedakah in Jewish law : essays and responsa / edited by Walter Jacob with Moshe Zemer
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2 Walter Jacob

We will examine the evolution of tzedakah through revolutionary ideas to realism, an ingeniously simple system that served small communities well through the millennia, and efforts to create systems for larger scale solutions. What motivated the flexibility of approach when so often ancient laws were considered immutable? This was a human problem that had history and theology as motivating forces. The long historical past of our people from the days of slavery provided a basis for action. God was not on the side of the poor as justice was God s concern, but 1zedakah was justice. Furthermore, the demand for social justice was directly tied to the message of doom of the prophets; the failure to heed their plea on this and other issues, was seen as the direct cause of the end of the Jewish state. The dream of the perfect future meant faithfulness to God and social justice which would lead to a return to the land of Israel . This meant that in modern times social justice and Zionism became powerful elements of Judaism with an almost instinctive appeal. First, this paper is interested in a working system that deals with poverty; secondly, it will deal with the theological foundations that have propelled Judaism into creating and recreating successful working systems with little attachment to what did not succeed. Prophetic and rabbinic preachments, midrashim with their appeal to conscience, and modern concerns were and remain important in keeping the system going. We shall see that in contrast to much else in the halakhic system, most of the methods for collecting and distribution successfully used through the millennia had no basis in biblical Judaism and were developed independently. The demand that the poor be helped was biblical, but the means actually used were not.

Prevention of poverty was part of the biblical program with legislation that demanded that the laborer be paid promptly(Deut. 24:14 ff). Equally important were loans extended to the poor(Deut. 15:8 ff). Both of these matters were discussed and developed much further in the Mishnah , Talmud , and later Jewish law. A portion of