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Public Charity in
Medieval Germany:
A Preliminary
Investigation
Judah Galinsky
The Talmud (Bava Batra 8a) ideally refers to two distinct public chari-
table funds: the institution of kuppa and the tamhuy.1 Monies for the
kuppa were collected on a weekly basis from all residents of the city,
not unlike a tax, and were distributed as well on a weekly basis to the
local poor of the community. Tamhuy consisted of food donated daily
on a voluntary basis by the residents and distributed daily to anyone in
need of immediate sustenance, including nonresidents and visitors to
the city. Rambam defines the central institution of kuppa in his Mish-
neh Torah as follows (Matanot Aniyim 9:1):
From the above one might conclude that in medieval times all major
Jewish communities had well-organized communal welfare systems fi-
nanced through some kind of regular internal tax. The reality, howev-
er, seems to have been quite different.2 Suffice it to mention the words
of Rabbi Isaac of Corbeil, the late-thirteenth-century French author of
the Semak, who wrote in his treatment of the laws of charity, misvah
248, the following:
I have omitted the law of tamhuy and kuppa and the laws
of the administrators and of the distribution of the funds
because they are not in practice in this kingdom; the law
pertaining to one who possesses 200 zuz is also not in
practice amongst us.
Recent scholarship on the subject suggests as well that other major me-
dieval Jewish communities, such as those in Christian Spain, France,
and Germany, did not have any sort of public charity until the four-
teenth century.3
From the perspective of ideal halakha, only the first model, and
possibly the second (with the element of enforced collection), would
qualify as true public charity. However, all of these models should be
classified as public charity, since all are administrated and managed by
a communally appointed individual (gabbai) or group of people (gab-
baim) responsible for coordinating the effort. Real life, as experienced
in the Middle Ages, may have dictated to the communal leaders in the
various cities and towns a somewhat different agenda than the one for-
mulated by the Talmudic sages.6 Although many Jewish communities
did not have an actual kuppa, they still did have some kind of organized
And we rely on this [passage] in these times and use for com-
munal purposes (zorhe zibbur) money from the communal
there are a number of passages in Sefer Hasidim and Or Zarua that in-
dicate that at times there did exist communally enforced giving. In the
Sefer Hasidim we find three cases where the community utilized the
herem (excommunication or the ban) in order to pressure all residents
to contribute to the communal fund, and in the Or Zarua there is one
passage that discusses a communal decree relating to charity. I believe
that a closer look at the context of each of these four instances reveals
that they are the exception rather than the rule. Be that as it may, it is
important to examine these four cases for what they could teach us
regarding the nature of public charity in Germany.
The first case in Sefer Hasidim (no. 914 on p. 226) deals with a
communal policy that obligated even the poor (via the herem) to con-
tribute to the communal collection (and without any guarantee that
the poor would be reimbursed)! The rationale for the policy stemmed
from the fear that any exemption might encourage “evil ones” and oth-
ers to exploit it to their advantage.
It is quite clear that this obligatory giving was not standard policy
to finance public charity. The case and the policy are presented in the
book as a particular situation “when the kahal had the need to give
charity, כשצריכין הקהל לתת צדקה.” Although we are not informed about
the nature of this need,20 the collection was clearly not designed with
the needs of the local poor in mind, but rather addressed certain spe-
cial needs of the kahal.
The second source in Sefer Hasidim (no. 1713, p. 411) deals with
the case of a certain community where the leaders had pronounced a
herem in the synagogue in order to enforce a call for charity (מקום אחד
)עשו הקהל חרם לעשות צדקה. On that occasion, some of the rich members
of the community simply left the synagogue before the proclamation,
believing their absence would protect them from the ban and absolve
them from the need to contribute.
Here again it would seem that this source relates to a particular
situation and not to the standard policy in the community. No doubt,
there were times when the community made use of the herem to en-
force the collection of charity, but it would be difficult to prove from
this source that this was standard practice.
The third case in Sefer Hasidim (no. 1715, ibid) deals with charity
given by married women. The author advises the communal gabbai not
to accept any charity from a woman whose husband does not approve
of her giving charity. Sefer Hasidim does, however, offer an exception
to this rule when the community issues a herem for a specific amount
of money that is binding for all ( )אבל אם גזרו חרם בכך וכך הליטראand
the husband still refuses to contribute. In such a case, if a man refuses
to contribute ()והבעל עובר על החרם, the gabbai may and even ought to
collect the money from the wife ()תתן היא ותבוא עליה ברכה.
This passage reinforces our understanding of all the cases found in
Sefer Hasidim. It would seem from this source that normative charity
was voluntary, with exceptions in times of dire need or of grave danger
to the community, when it was enforced by means of herem.
The fourth case brings us to R. Isaac b. Moshe’s Or Zarua in his
section on the laws of charity (siman 10). His starting point is the same
Talmudic passage in Megilla mentioned above, regarding a guest who
pledges charity in the city in which he is residing temporarily. The Tal-
mud states that if it is a city with a chever ha-ir, a gabbai (or alterna-
tively a chaver ha-ir, a scholar in charge of the charity),21 the guest must
contribute in the place where he pledged and not in his hometown.
Or Zarua understands the law as applying only to very specific cases,
namely when nonresidents have pledged charity because of some local
catastrophe.
In such situations, the leadership would declare a day of fast and
charity giving in the hope that the joint acts of repentance (tshuva),
prayer (tefila), and charity (zeddaka) would help rescind the evil de-
cree that endangered the community. Once the guests had left the city,
however, there was justified fear that they would conveniently forget
about their promise to help the city and would not bother to make
their donation even in their hometown. In contrast, when the money
pledged was the result of a firmly held custom among Jews, such as
the minhag of commemorating the dead through charity, there was no
need to insist that the guest donate in the town he was visiting. One
could be well assured that such a pledge would be paid in full upon
return to the hometown.
there were sufficient funds in the communal chest to address the needs
of the poor and to finance various other communal expenditures? I
would suggest that the primary activity of the communal gabbai in
Germany was that of fundraiser, to convince the members of the ke-
hilla to donate voluntarily to public charity.24 He could appeal to their
good nature or to their need for public recognition, utilize peer pres-
sure, and finally, point to the value of performing good deeds,25 espe-
cially when rewarded by a public blessing or prayer proclaimed by the
chazzan in the synagogue.26 In fact, we know from Sefer Hasidim that
there were people who would delay giving charity until they had the
opportunity to announce their gift in the synagogue.27
The centrality of the synagogue for communal giving found ex-
pression not only on Shabbat but on the various holidays and festivals
(regalim) as well, and even more so during the High Holidays.28 In
many German communities, all members customarily pledged chari-
table donations during the festivals of Passover and Sukkot, poskim al
ha-zeddaka, in what would seem to be in place of bringing a sacrifice in
the Temple.29 On the High Holidays, especially Yom Kippur, there was
the additional incentive to give charity for the sake of those who had
passed on to the next world.30
In short, charity giving to the communal chest took place all year
round, increased substantially during the holidays, and even more so
on Yom Kippur. In addition, we must not forget another important
source of income for the communal charity chest, namely donations
pledged prior to death in order to ensure that one’s name be com-
memorated in the community, at least annually. Evidently, there were
always individuals who donated directly to the poor and needy, but it
seems that most of the voluntary charity was primarily funneled via
the synagogue and through the office of the communal gabbai.
When these funding options did not suffice to cover the various
expenditures of the community, or in cases of emergency or other
special needs, an exceptional communal appeal took place, enforced
through a herem, which would obligate all members to participate.
Public charity in Germany, then, may be defined as an interesting mix
of communal and private, compulsory, and voluntary activities. True,
a community official was responsible for ensuring the availability of
funds and coordinating the charity effort, but the actual giving was
much more akin to what we today term private rather than public giv-
ing.
NOTES
This paper evolved from the discussion that took place at the Orthodox
Forum, and I would therefore like to thank the participants for their
helpful comments and questions. I would also like to thank Elisheva
Baumgarten for reading an earlier version of this paper and for her
helpful suggestions. My discussions with Yehuda Altshuller, Uzi Fuchs,
and Yehuda Seiff on various aspects of this paper have been valuable in
formulating my conclusions.
1. See as well Mishnah Peah (8:7) and Tosefta Peah (4:9–10).
2. For an example of a community with a very well organized communal charity
fund, see M. R. Cohen, Poverty and Charity in the Jewish Community of Medieval
Egypt (Princeton, 2005), pp. 198–227. It is worth noting that it seems that even
in medieval Fustat (Old Cairo), the city in which Rambam lived, there was no
enforced charity tax, or kuppa, as described in Mishneh Torah. See M. R. Cohen,
The Voice of the Poor in the Middle Ages: An Anthology of Documents from the Cairo
Geniza (Princeton, 2005), pp. 95–96.
3. See Y. T. Assis, “Welfare and Mutual Aid in the Spanish Jewish Communities,” in
H. Beinart (ed.), Moreshet Sepharad (Jerusalem, 1992) vol. 1, pp. 318–345. On the
communities of Germany and France, see D. Assaf, “The Role of the Jewish Com-
munity in the Middle Ages in the Ransoming of Jewish Captives: The Commu-
nities of Egypt and Ashkenaz during the 11th–13th Centuries” (Hebrew), M.A.
thesis, Hebrew University (Jerusalem, 1985), pp. 18–44, esp. 41.
Although I cannot agree with all of Assaf ’s conclusions, I have found his work
to be most helpful in formulating my own perception of communal charity in
Germany. I would like to thank Professor Avraham Grossman for calling my at-
tention to this study.
4. See, for example, the responsum of the French Tosafist Ritzba, active in Northern
France at the beginning of the thirteenth century, in Tshuvot Maimoniyot of R.
Meir ha-Kohen, Sefer Kinyan, siman 27.
5. See, for example, the responsum of Rashba found in Beit Yosef Tur Yoreh Deah,
siman 250.
6. See above n. 2, the recent study by Mark Cohen regarding public charity in Cairo
during the time of the Rambam.
7. See Alyssa M. Gray, “Married Women and ‘Tsedaqah’ in Medieval Jewish Law:
Gender and the Discourse of Legal Obligation,” Jewish Law Association Studies 17
(2007), pp. 168–212. See as well Elisheva Baumgarten’s chapter on the charity of
the Holy One, blessed be He, said ‘Try Me,’ unlike in all other instances, where it is
forbidden to test Him, for it is written ‘Ye shall not try the Lord your God’ (Deut.
6:16).”
26. See Ravya, Megilla, siman 551; Or Zarua, Laws of Shabbat, siman 42, as well as
Sefer Hasidim, no. 1591–1592 (pp. 390–391). See the study of E. Kanarfogel, “R.
Judah he-Hasid and the Rabbinic Scholars of Regensburg: Interactions, Influ-
ences, and Implications,” Jewish Quarterly Review 96 (2006), pp. 17–37.
27. See Sefer Hasidim, no. 917 (p. 227).
28. See for example Or Zarua, Laws of Shaliah Zibbur, siman 113, and Responsa of
R. Meir of Rothenburg (Lemberg, 1860), responsum 112. It is worth noting that
in addition to the special public collections carried out on the holidays of Purim
and Simchat Torah, the sources mention a special tax given by the groom from
his wedding feast.
29. See the recent study by Y. Zimmer “The Custom of Matnat Yad” (Hebrew),
Yerushateinu 3 (5769), pp. 145–155. On the importance of the synagogue as a
substitute for the Temple in medieval Ashkenaz, see J. Woolf, “The Synagogue in
Ashkenaz—Between Image and Reality” (Hebrew), Knishta 2 (2003), pp. 9–30;
30. On the custom of hazkarat neshamot on holidays other than Yom Kippur docu-
mented in later sources, see Zimmer’s recent article, “The Custom of Matnat Yad”
(Hebrew), pp. 147–149.