CHAPTER 53
This chapter includes an interpretation of the meaning of three terms that we have need of interpreting: namely, ḥesed [loving-kindness], mishpat [judgment], and ṣedaqah [righteousness].
We have already explained in the Commentary on Aboth1 that the meaning of ḥesed is excess in whatever matter excess is practiced. In most cases, however, it is applied to excess in beneficence. Now it is known that beneficence includes two notions, one of them consisting in the exercise of beneficence toward one who has no right at all to claim this from you, and the other consisting in the exercise of beneficence toward one who deserves it, but in a greater measure than he deserves it. In most cases the prophetic books use the word ḥesed in the sense of practicing beneficence toward one who has no right at all to claim this from you. Therefore every benefit that comes from Him, may He be exalted, is called ḥesed. Thus it says: I will make mention of the loving-kindnesses [ḥasdei] of the Lord.2 Hence this reality as a whole — I mean that He, may He be exalted, has brought it into being — is ḥesed. Thus it says: The world is built up in loving-kindness [ḥesed];3 the meaning of which is: the building-up of the world is loving-kindness. And He, may He be exalted, says in an enumeration of His attributes: And abundant in loving-kindness.4
The word ṣedaqah is derived from ṣedeq, which means justice; justice being the granting to everyone who has a right to something, that which he has a right to and giving to every being that which corresponds to his merits. But in the books of the prophets, fulfilling the duties imposed upon you with regard to others is not called ṣedaqah in conformity with the first sense. For if you give a hired man his wages or pay a debt, this is not called ṣedaqah. On the other hand, the fulfilling of duties with regard to others imposed upon you on account of moral virtue, such as remedying the injuries of all those who are injured, is called ṣedaqah. Therefore it says with reference to the returning [131b] of a pledge:5 And it shall be ṣedaqah unto you.6 For when you walk in the way of the moral virtues, you do justice unto your rational soul, giving her the due that is her right. And because every moral virtue is called ṣedaqah, it says: And he believed in the Lord, and it was accounted to him as ṣedaqah.7 I refer to the virtue of faith. This applies likewise to his dictum, may he be exalted: And it shall be ṣedaqah unto us if we take care to observe, and so on.8
As for the word mishpat, it means judgment concerning what ought to be done to one who is judged, whether in the way of conferring a benefit or of punishment.
Thus it has been summarized that ḥesed is applied to beneficence taken absolutely; ṣedaqah, to every good action performed by you because of a moral virtue with which you perfect your soul; and mishpat sometimes has as its consequence punishment and sometimes the conferring of a benefit. When refuting the doctrine of divine attributes, we have already explained that every attribute by which God is described in the books of the prophets is an attribute of action.9 Accordingly He is described as ḥasid [one possessing loving-kindness]10 because He has brought the all into being; as ṣaddiq [righteous]11 because of His mercy toward the weak — I refer to the governance of the living being by means of its forces; and as Judge12 because of the occurrence in the world of relative good things and of relative great calamities, necessitated by judgment that is consequent upon wisdom.13 The Torah uses all three terms: Shall the Judge of all the earth;14 Ṣaddiq [righteous] and upright is He;15 And abundant in ḥesed [loving-kindness].16 In interpreting the meaning of these terms, it was our purpose to prepare the way for the chapter that we shall bring after this one.