Halacha
הלכה א
מִצְוַת עֲשֵׂה מִן הַתּוֹרָה לִתֵּן כָּל אִישׁ מִיִּשְׂרָאֵל מַחֲצִית הַשֶּׁקֶל בְּכָל שָׁנָה וְשָׁנָה. אֲפִלּוּ עָנִי הַמִּתְפַּרְנֵס מִן הַצְּדָקָה חַיָּב. וְשׁוֹאֵל מֵאֲחֵרִים אוֹ מוֹכֵר כְּסוּת שֶׁעַל כְּתֵפוֹ וְנוֹתֵן מַחֲצִית הַשֶּׁקֶל כֶּסֶף שֶׁנֶּאֱמַר (שמות ל טו) "הֶעָשִׁיר לֹא יַרְבֶּה וְהַדַּל לֹא יַמְעִיט" וְגוֹ'. וְאֵינוֹ נוֹתְנוֹ בִּפְעָמִים רַבּוֹת הַיּוֹם מְעַט וּלְמָחָר מְעַט אֶלָּא נוֹתְנוֹ כֻּלּוֹ כְּאַחַת בְּפַעַם אַחַת:
כסף משנה
1.
It is a positive commandment from the Torah1Sefer HaMitzvot (Positive Commandment 171) and Sefer HaChinuch (Mitzvah 105) count this as one of the Torah's 613 mitzvot. that every adult Jewish male2Both concepts are implied by the Hebrew word ish. (See Halachah 7.) give a half3One might ask: why were the Jews not commanded to give a full shekel? There is normally an emphasis that one's offerings be complete and unblemished. Why in this instance were we obligated to give only a half-shekel?To offer a homiletic resolution to this question: Giving a half-shekel emphasizes that a person is only a half and can never reach fulfillment until he joins together with another individual. Alternatively, it is God who contributes the second half, which enables an individual to reach fulfillment (Likkutei Sichot, Vol. III, Parashat Ki Tissa).-shekel each and every year.4Sefer HaKovetz states that this teaches that one may not give several shekalim in one year to fulfill the mitzvah for many future years. Even a poor man who derives his livelihood from charity is obligated [to make this donation]. He should borrow from others or sell the clothes5See Halachah 9. (See also Hilchot Chanukah 4:12, which also mentions that one should sell one's clothes to perform the mitzvah mentioned there.) he is wearing so that he can give a half-shekel of silver, as [Exodus 30:15] states: "The rich shall not give more,6The Ramban (in his commentary on the Torah, Exodus 30:15 and others raise the question: why is this not considered one of the 365 negative commandments of the Torah?
In resolution, the commentaries point to the Rambam's introduction to Sefer HaMitzvot (General Principle 8), where the Rambam explains that the use of negative terminology by the Torah - e.g., לא, "Do not..." - does not always imply that the subject should be considered a separate negative commandment. For example, concerning a Hebrew maidservant, Exodus 21:7 states, "She shall not go out [to freedom] as the slaves go out."
The Rambam explains that this is not a negative commandment, but a narrative verse introducing the concept. Similarly, the commentaries explain that the verse under discussion is not a negative commandment, but rather a description of how the half-shekel is given (Nimukei Mahari). nor should the poor give less."7There is also a homiletic dimension to this requirement: The half-shekel relates to a level of soul shared equally by all.
[The half-shekel] should not be given in several partial payments - today a portion, tomorrow a portion. Instead, it is to be given all at once.8Rav Kapach emphasizes that there are two dimensions implied by this law: a) that the half-shekel should be given on a single day, not in several payments;
b) that a single coin should be given, not several coins equal in value to a half-shekel.
הלכה ב
מִנְיַן כֶּסֶף הָאָמוּר בַּתּוֹרָה בְּאוֹנֵס וּבִמְפַתֶּה וּבְמוֹצִיא שֵׁם רַע וְהוֹרֵג עֶבֶד הוּא כֶּסֶף הוּא שֶׁקֶל הַנֶּאֱמָר בְּכָל מָקוֹם בַּתּוֹרָה. וּמִשְׁקָלוֹ שְׁלֹשׁ מֵאוֹת וְעֶשְׂרִים שְׂעוֹרָה. וּכְבָר הוֹסִיפוּ חֲכָמִים עָלָיו וְעָשׂוּ מִשְׁקָלוֹ כְּמִשְׁקַל הַמַּטְבֵּעַ הַנִּקְרָא סֶלַע בִּזְמַן בַּיִת שֵׁנִי. וְכַמָּה הוּא מִשְׁקַל הַסֶּלַע שְׁלֹשׁ מֵאוֹת וְאַרְבַּע וּשְׁמוֹנִים שְׂעוֹרָה בֵּינוֹנִית:
כסף משנה
2.
The sum of money mentioned in the Torah concerning [the fines paid by] a rapist,9One who rapes a maiden, whom Deuteronomy 22:29 obligates to pay 50 silver pieces. a seducer,10One who seduces a maiden, whom Exodus 22:16 obligates to pay 50 silver pieces. a slanderer,11One who slanders his wife, claiming that she was not a virgin at the time of marriage. Deuteronomy 22:19 requires such a person to pay 100 silver pieces. or a slave killed [by an ox]12Thirty silver pieces (Exodus 21:32 . is [calculated] in shekalim, a coin [of equal value] whenever mentioned in the Torah. Its weight is 320 barley corns [of pure silver].13See the Rambam's Commentary on the Mishnah (Bechorot 8:8), where the Rambam describes the traditional measures for this figure in detail. According to the figures he gives, in modern measure, a shekel of the Torah is 16 grams of pure silver.The Sages increased its value and made it equivalent to the coin called a sela, [which was prevalent] during the Second Temple period. How much did a sela weigh? 384 average size barley corns [of pure silver].14Today, it is common custom to give 96 grams of silver for the five shekalim required for the pidyon habeyn ceremony. Thus a shekel is 19.2 grams. According to the Piskei Siddur of Rabbi Shneur Zalman of Liadi a shekel is 20.4 grams.
הלכה ג
הַסֶּלַע אַרְבָּעָה דִּינָרִין וְהַדִּינָר שֵׁשׁ מָעִין. וּמָעָה הִיא הַנִּקְרֵאת בִּימֵי משֶׁה רַבֵּנוּ גֵּרָה. וּמָעָה הִיא שְׁנֵי פּוּנְדְיוֹנִין וּפוּנְדְיוֹן שְׁנֵי אִיסָרִין. וּפְרוּטָה אַחַת מִשְּׁמוֹנָה בְּאִיסָר. נִמְצָא מִשְׁקַל הַמָּעָה וְהִיא הַגֵּרָה שֵׁשׁ עֶשְׂרֵה שְׂעוֹרוֹת. וּמִשְׁקַל הָאִיסָר אַרְבַּע שְׂעוֹרוֹת. וּמִשְׁקַל הַפְּרוּטָה חֲצִי שְׂעוֹרָה:
כסף משנה
3.
A sela is four dinarim, a dinar is six ma'ah and a ma'ah was called a gerah in the time of Moses our teacher.15Exodus 30:13 describes a shekel as being twenty ma'ah. Thus, in Talmudic times, the Sages increased the shekel's worth by one fifth, making the old value five sixths of the new total. A ma'ah equals two poondionin, and a poondion is equal to two isarin. A prutah16The coin of minimum value. Less than a prutah's worth is not considered as a significant financial amount. is worth an eighth of an [Italian] isar.Thus, the weight of a ma'ah - and a gerah - is sixteen barley corns [of silver]; the weight of an isar is four barley corns; and the weight of a prutah is half a barley corn.
הלכה ד
וְעוֹד מַטְבֵּעַ אַחֵר הָיָה שָׁם שֶׁהָיָה מִשְׁקָלוֹ שְׁתֵּי סְלָעִים וְהוּא הָיָה נִקְרָא דַּרְכּוֹן. וְאֵלּוּ הַמַּטְבְּעוֹת כֻּלָּן שֶׁאָמַרְנוּ וּבֵאַרְנוּ מִשְׁקַל כָּל אֶחָד מֵהֶן הֵן שֶׁמְּשַׁעֲרִין בָּהֶן בְּכָל מָקוֹם. וּכְבָר בֵּאַרְנוּם כְּדֵי שֶׁלֹּא אֶהְיֶה צָרִיךְ לְפָרֵשׁ מִשְׁקָלָם בְּכָל מָקוֹם:
כסף משנה
4.
[At that time,] there was also another coin that was worth two selaim; it was called a darcon.17This is the Talmudic term for the god Neptune. In his Commentary on the Mishnah, Shekalim 2:1, the Rambam mentions darconim of gold, which, though smaller, were equal in value to the silver coins mentioned here.These coins whose weights we have listed and explained are used universally as standard measures. We have described them so that we will not have to describe their weight at all times.
הלכה ה
מַחֲצִית הַשֶּׁקֶל זוֹ מִצְוָתָהּ שֶׁיִּתֵּן מַחֲצִית מַטְבֵּעַ שֶׁל אוֹתוֹ הַזְּמַן אֲפִלּוּ הָיָה אוֹתוֹ מַטְבֵּעַ גָּדוֹל מִשֶּׁקֶל הַקֹּדֶשׁ. וּלְעוֹלָם אֵינוֹ שׁוֹקֵל פָּחוֹת מֵחֲצִי הַשֶּׁקֶל שֶׁהָיָה בִּימֵי משֶׁה רַבֵּנוּ שֶׁהוּא מִשְׁקָלוֹ מֵאָה וְשִׁשִּׁים שְׂעוֹרָה:
כסף משנה
5.
The mitzvah of giving the half-shekel entails giving half of the coin that is [common] currency at the time in question, even if that coin is larger than the shekel used for the sanctuary. [The converse, however, does not apply.] Never should one give less than the half-shekel18The Mishnah (Shekalim 2:4) relates that, at one time, the dinar was the common currency in Eretz Yisrael, and the people proposed giving half a dinar instead of a half-shekel. The Sages, however, did not accept this proposal, since it entailed giving less than the half-shekel given at the time of Moses. that was given in the time of Moses our teacher, which weighed 160 barley corns [of silver].הלכה ו
בִּזְמַן שֶׁהָיָה מַטְבֵּעַ שֶׁל אוֹתוֹ זְמַן דַּרְכּוֹנוֹת הָיָה כָּל אֶחָד וְאֶחָד נוֹתֵן בְּמַחֲצִית הַשֶּׁקֶל שֶׁלּוֹ סֶלַע. וּבִזְמַן שֶׁהָיָה הַמַּטְבֵּעַ סְלָעִים הָיָה נוֹתֵן כָּל אֶחָד בְּמַחֲצִית הַשֶּׁקֶל שֶׁלּוֹ חֲצִי סֶלַע שֶׁהוּא שְׁנֵי דִּינָרִין. וּבִזְמַן שֶׁהָיָה הַמַּטְבֵּעַ חֲצִי סֶלַע הָיָה כָּל אֶחָד וְאֶחָד נוֹתֵן בְּמַחֲצִית הַשֶּׁקֶל אוֹתוֹ חֲצִי הַסֶּלַע. וּמֵעוֹלָם לֹא שָׁקְלוּ יִשְׂרָאֵל בְּמַחֲצִית הַשֶּׁקֶל פָּחוֹת מֵחֲצִי שֶׁקֶל שֶׁל תּוֹרָה:
כסף משנה
6.
At the time when the common currency was a darcon, everyone would give a sela as a half-shekel.19This halachah provides examples of the principles mentioned in the previous halachah, quoting from Shekalim, loc. cit. The Mishnah refers to the initial years of the Second Temple period.The Ra'avad differs with the Rambam's interpretation of that Mishnah and offers another explanation why the people gave a larger coin at that time: Only a small portion of the Jewish people returned to Zion with Ezra. Had the people been required to give only the minimum amount, there would not have been enough funds to purchase communal sacrifices. In his Commentary on the Torah, the Ramban (Exodus 30:12 also follows the Ra'avad's interpretation. At the time when the common currency was a sela, everyone would give half a sela, the equivalent of two dinarim, as a half-shekel. At the time when the common currency was half a sela, everyone would give that coin, half of a sela, as a half-shekel.20Because it was the equivalent of the half-shekel given in the time of Moses. At no time did the Jews ever give less than the half-shekel mentioned in the Torah for the half-shekel.
הלכה ז
הַכּל חַיָּבִין לִתֵּן מַחֲצִית הַשֶּׁקֶל כֹּהֲנִים לְוִיִּים וְיִשְׂרְאֵלִים וְגֵרִים וַעֲבָדִים מְשֻׁחְרָרִים. אֲבָל לֹא נָשִׁים וְלֹא עֲבָדִים וְלֹא קְטַנִּים. וְאִם נָתְנוּ מְקַבְּלִין מֵהֶם. אֲבָל הַכּוּתִים שֶׁנָּתְנוּ מַחֲצִית הַשֶּׁקֶל אֵין מְקַבְּלִין מֵהֶם. קָטָן שֶׁהִתְחִיל אָבִיו לִתֵּן עָלָיו מַחֲצִית הַשֶּׁקֶל שׁוּב אֵינוֹ פּוֹסֵק אֶלָּא נוֹתֵן עָלָיו בְּכָל שָׁנָה וְשָׁנָה עַד שֶׁיַּגְדִּיל וְיִתֵּן עַל עַצְמוֹ:
כסף משנה
7.
Everyone is obligated to give a half-shekel: priests,21The Mishnah (Shekalim 1:4) mentions an opinion that maintains that priests are not obligated to give a half-shekel because they are entitled to partake of certain communal offerings.The Jerusalem Talmud (Shekalim 1:3) mentions another rationale why some maintain that priests are not obligated: The Torah (Exodus 30:13 states that the half-shekel should be given by: כל העובר על הפקודים, "all those included in the census." Since the priests were not included in the census, they are not obligated to fulfill this mitzvah.
Significantly, in his Commentary on the Mishnah (Shekalim, loc. cit. Avot 4:7), the Rambam appears to accept the view that the priests are not required to give a half-shekel. Similarly, in his Sefer HaMitzvot, the Rambam cites the above verse as a proof-text explaining why women are not obligated in this mitzvah. Thus, his ruling in this halachah appears to reflect a change of position. Levites, Israelites, converts, and freed slaves. Women,22Although giving a half-shekel is a positive mitzvah that is not limited to a specific time, in Sefer HaMitzvot (loc. cit.) the Rambam states that women are explicitly excluded from the obligation to perform this mitzvah, as implied by the verse cited above, "all those included in the census." As mentioned in the previous note, although the Rambam appears to have changed his mind in relation to this phrase, it nevertheless appears that there is a specific exclusion concerning women, for the previous verse states, "A man shall give...." (See the glosses of Rabbenu Asher and Rabbenu Ovadiah of Bertinoro, Shekalim 1:3.) slaves, and children23Although the Torah obligates only those included in the census - and that meant men of the age of twenty and above - for posterity, the mitzvah must be fulfilled by any child who reaches the age of thirteen.
This ruling is not accepted by many authorities. The Sefer HaChinuch (loc. cit.) and Rabbenu Ovadiah of Bertinoro (Shekalim 1:3) maintain that the requirements of the original census were observed for posterity. are not obligated. Nevertheless, if they give [a half-shekel], it may be accepted.24Several commentaries have offered explanations why the Temple treasury was allowed to accept the gift of a child, when (as reflected in Hilchot Lulav 8:10) according to Torah law, a child is not able to transfer ownership of his property to others.
[K'tzot HaShulchan (Section 235) uses this law as the basis for a thesis of a larger scope: That once a transaction sanctioned only by Rabbinic law is completed, it is acceptable according to the Torah. For if the child's gift of the half-shekel (a transaction sanctioned by Rabbinic law only) were not acceptable according to the Torah, the money could not be used to purchase sacrifices. Netivot HaMishpat and others do not accept this thesis and offer other explanations why a child's gift is acceptable.] By contrast, if a Samaritan25This restriction would appear to refer to all gentiles. Indeed, Rav Kapach's Yemenite manuscripts of the Mishneh Torah state גוי, "a gentile," rather than כותי, "a Samaritan."
Without discounting the possibility of a change having been made because of censorship, it would appear that the reference to Samaritans is historical in nature. The reason why donations were not accepted from gentiles is that, as stated in Chapter 4, Halachah 8, funds from these donations were also used to maintain the city of Jerusalem. No monies from gentiles may be used for that purpose, as reflected by Nechemiah 2:20: "You have no portion, or right, or memorial in Jerusalem." And that narrative (ibid. 3:34) relates that the Samaritans were among the foes of Israel at that time. (See also Hilchot Matnot Ani'im 8:8.) gives a half-shekel, it should not be accepted.
A father who began giving a half-shekel on behalf of a child should not stop. Instead, he should [continue to] give a half-shekel on the child's behalf every year until he comes of age and gives [the half-shekel] by himself.26In his Commentary on the Mishnah (Shekalim 1:3), the Rambam mentions that by giving a half-shekel once, a father "obligates his son in this mitzvah." Hence, it is inappropriate for him to cease giving on his son's behalf.
הלכה ח
הַשְּׁקָלִים אֵינָן נוֹהֲגִין אֶלָּא בִּפְנֵי הַבַּיִת. וּבִזְמַן שֶׁבֵּית הַמִּקְדָּשׁ קַיָּם נוֹתְנִין אֶת הַשְּׁקָלִים בֵּין בְּאֶרֶץ יִשְׂרָאֵל בֵּין בְּחוּצָה לָאָרֶץ. וּבִזְמַן שֶׁהוּא חָרֵב אֲפִלּוּ בְּאֶרֶץ יִשְׂרָאֵל אֵין נוֹהֲגִין:
כסף משנה
8.
[The mitzvah of giving a half-]shekel is observed only during the era that the Temple is standing.27It is customary to give a half-shekel to charity on the Fast of Esther in the present age. Nevertheless, this practice is merely a custom and is not considered as fulfillment of the mitzvah of giving a half-shekel. During the era that the Temple is standing, the [half-]shekel should be given both in Eretz Yisrael and in the diaspora.28In explanation, the B'nei Binyamin cites the Mishnah at the conclusion of the first chapter of Kiddushin, which states that the half-shekel is an obligation incumbent on a person's body, like tefillin. Therefore, it must be performed in all places. The Kessef Mishneh draws attention to Shekalim 3:4, which states that the third time during the year that funds were taken from the Temple treasury, they were taken on behalf of the Jews living in the diaspora. When, however, it is destroyed, even in Eretz Yisrael it is not necessary to give.הלכה ט
בְּאֶחָד בַּאֲדָר מַשְׁמִיעִין עַל הַשְּׁקָלִים כְּדֵי שֶׁיָּכִין כָּל אֶחָד וְאֶחָד מַחֲצִית הַשֶּׁקֶל שֶׁלּוֹ. וְיִהְיֶה עָתִיד לִתֵּן. בַּחֲמִשָּׁה עָשָׂר בּוֹ יָשְׁבוּ הַשֻּׁלְחָנִים בְּכָל מְדִינָה וּמְדִינָה וְתוֹבְעִין בְּנַחַת כָּל מִי שֶׁיִּתֵּן לָהֶם יְקַבְּלוּ מִמֶּנּוּ וּמִי שֶׁלֹּא נָתַן אֵין כּוֹפִין אוֹתוֹ לִתֵּן. בַּחֲמִשָּׁה וְעֶשְׂרִים בּוֹ יָשְׁבוּ בַּמִּקְדָּשׁ לִגְבּוֹת. וּמִכָּאן וְאֵילָךְ כּוֹפִין אֶת מִי שֶׁלֹּא נָתַן עַד שֶׁיִּתֵּן. וְכָל מִי שֶׁלֹּא יִתֵּן מְמַשְׁכְּנִין אוֹתוֹ וְלוֹקְחִין עֲבוֹטוֹ בַּעַל כָּרְחוֹ וַאֲפִלּוּ כְּסוּתוֹ:
כסף משנה
9.
On the first of Adar, the court would announce [the collection of] the [half-]shekalim, so that every single individual would prepare his half-shekel and be ready to give.On the fifteenth [of Adar],29The Mishnah (Shekalim 1:1) and the Rambam (Hilchot Arachin 8:1) mention other communal responsibilities that were also discharged on that day. the money-changers would sit in every city30Our translation of the Hebrew מדינה is based on the Rambam's Commentary on the Mishnah (Shekalim 1:3). Rav Ovadiah of Bertinoro and others differ in the interpretation of the Mishnah and maintain that the money-changers would sit only in Jerusalem. and would gently prod [the people to give]. If people gave them, they would accept it. If someone did not give, they would not compel him to give.
On the twenty-fifth [of Adar], they would sit in the Temple to collect [the half-shekalim]. From this time onward, everyone who had not given [a half-shekel] as yet would be compelled to give.31For the court is obliged to compel the people to perform all the positive commandments. When a person did not give [voluntarily], his property would be taken by force as a pledge. Even his clothing was taken from him.
הלכה י
כָּל מִי שֶׁאֵינוֹ חַיָּב בִּשְׁקָלִים אַף עַל פִּי שֶׁדַּרְכּוֹ לִתֵּן אוֹ הוּא עָתִיד לִתֵּן אֵין מְמַשְׁכְּנִין אוֹתוֹ. וְאֵין מְמַשְׁכְּנִין אֶת הַכֹּהֲנִים לְעוֹלָם מִפְּנֵי דַּרְכֵי שָׁלוֹם אֶלָּא כְּשֶׁיִּתְּנוּ מְקַבְּלִין מֵהֶן וְתוֹבְעִין אוֹתָן עַד שֶׁיִּתְּנוּ:
כסף משנה