Charity if you have 5 cards or less?

[MunchkinMan]

No. The instructions in the rules are that if you are over the limit, you must get under it by playing cards legally, or give away (if you're not lowest Level)/discard (if you are lowest Level) the excess. There's no case in the rules for giving away or discarding without having more cards than the limit. Of course, you can always play cards, even if you are under the limit, since that's just a fact of it being your turn.