Shulchan Aruch: Chapter 607 - Order of the Confessional Prayer in the Afternoon Service of Erev Yom Kippur

SECTION 607 The Order of the Confessional Prayer in the Afternoon Service of Erev Yom Kippur. (1–16)

1 Yom Kippur is a day of forgiveness and atonement,1 as it is written,2 “For on this day He will grant atonement….” Accordingly, every individual must confess his sins.3 [This is derived from a comparison with] all the sacrifices that are offered in order to secure atonement, and concerning them it is written,4 “And they shall confess [the] sin that they have committed.”

According to law, the mitzvah of confession applies at the beginning of the time of atonement,5 i.e., at nightfall on the eve of Yom Kippur. Nevertheless, the Sages feared that an undesirable matter such as drunkenness might occur during the meal preceding the fast and one might not be able to confess at the beginning of the time for atonement. They therefore ordained that every individual should confess during the Afternoon Service on the day preceding Yom Kippur, before partaking of the meal preceding the fast.

Even though one confessed during the Afternoon Service, he must confess again during the Evening Service, for this is the beginning of the time of atonement and this is the primary time for the confession of Yom Kippur.

And even though one confessed during the Evening Service, he must confess again during the Morning Service, lest something sinful befell him after the confession during the Evening Service. For the same reason he should repeat the confession during the Mussaf, Minchah, and Neilah services,6 lest something sinful befell him in the course of the day, for the atonement granted by Yom Kippur [continues to] take effect until its conclusion, at nightfall.

2 However, some authorities maintain that according to law, the time for the mitzvah of confession is before the beginning of the time of atonement, i.e., just before nightfall,7 so that one will enter the day in a state of penitence and will not have the opportunity to sin between the confession and the beginning of the time of atonement. Nevertheless, the Sages were concerned lest an undesirable matter might occur during the meal and one might not be able to confess before nightfall. They therefore ordained that one should confess during the Afternoon Service.

Although one confessed in the Afternoon Service, he should confess again just before nightfall, for according to law, this is the primary time for confession, since it is possible that something sinful befell him after the Afternoon Service. And even though one confessed before nightfall, he should confess again during the Evening Service and during all the services of the day, for certainly on Yom Kippur itself one is also obligated to confess and repent in complete teshuvah.

The halachah follows the first view. Nevertheless, it is appropriate for every individual to undertake the stringency of following the second opinion as well. Hence, as he sees twilight approaching, he should stand up8 and confess.9

3 When one confesses individually,10 whether during the Afternoon Service on the day before Yom Kippur, or during the Evening, Morning, Mussaf, Afternoon, or Neilah services of Yom Kippur, he should confess after completing Shemoneh Esreh, before leaving the place he was standing. The sheliach tzibbur, by contrast,11 recites the confession on Yom Kippur in the midst of Shemoneh Esreh.

However, in the Afternoon Service on the day before Yom Kippur, the sheliach tzibbur does not repeat the confession aloud.12 The rationale is that the confession was [placed] in the Afternoon Service only because of a concern that something undesirable might occur during the [following] meal. Now, the sheliach tzibbur repeats Shemoneh Esreh only to enable one who is not knowledgeable [with regard to prayer] to fulfill his obligation. Hence the Sages did not want to ordain that the sheliach tzibbur repeat the confession [only because] it is possible that something undesirable might occur to a person who is not knowledgeable, for [such] people are few.

4 If one did not enumerate his sins individually, but merely said, “I have sinned,” he has fulfilled the mitzvah of confession.13 Initially, however, it is preferable to mention his sins individually, saying, “I did such-and-such,” for by doing so he will be more embarrassed [by them] before the Holy One, blessed be He, and will regret them from the depths of his heart.

When one enumerates his sins, he should confess in a whisper. Were he to confess aloud, it would be forbidden for him to enumerate his sins in public, for it would not be respectful to the Omnipresent that one publicly reveal that he sinned against Him.

When does the above apply? To a sin which is not public knowledge. A sin which is public knowledge, by contrast, may be specifically mentioned in public, even aloud,14 though there is no obligation to [do so]. One may specify it in a whisper if he so desires.

5 Reciting the confessional prayer Al Cheit according to its alphabetical pattern is not considered as enumerating one’s sins. Since everyone recites [this confessional] uniformly, it is considered as part of the standard prayer service. It may therefore be recited aloud.

6 The order of the confessions in the Al Cheit prayer should be “[And for the sins for which we are obligated to bring] a burnt-offering,” then “…a sin-offering,” “…an adjustable [guilt-] offering,”15 and then “…a guilt-offering or a conditional guilt-offering,” for the sacrifices are listed in this order in Parshas Vayikra.16

The sequence that follows is: “for the sins for which we incur [the penalty of] lashing for rebelliousness,”17 then “…[the penalty of] forty lashes,” “…[the penalty of] death by the hand of Heaven,” “…[the penalty of] excision and childlessness,” and then “…[the penalty of] the four forms of capital punishment.” The rationale is that requests should first be modest and only later should be expanded, as explained in sec. 582[:8].18

7 As to the wording used [with regard to forgiveness], one should [request] atonement (kaparah) with regard to sins (chata’im), forgiveness (mechilah) with regard to iniquities (avonos), and pardon (selichah) with regard to transgressions (pesha’im).19 The rationale is that cheit is a lesser offense than avon, and avon is a lesser offense than pesha.20 Kaparah (atonement) is more effective than mechilah (forgiveness), and mechilah is more effective than selichah (pardon). Therefore it is appropriate to speak of sins being atoned, iniquity being forgiven, and transgression being pardoned.21

One must stand when confessing.22 Therefore, one should not lean on any object in such a way that he would fall if it were to be removed, as explained in sec. 585[:1].23 It is proper to bow when confessing, as is done [while reciting the passage that begins] Modim, so that one will confess with profound submissiveness.

When one confesses he should beat his heart with his fist, as if to say, “You caused me to sin.” There are those who follow the custom of beating their breasts for reasons known to them.24

8 Even though one has already confessed when reciting the whispered Shemoneh Esreh, when the sheliach tzibbur reaches the confession¹¹ one must stand up and repeat [it] together with him. In this confession one need not enumerate one’s sins; it is sufficient to say together with the sheliach tzibbur, “Indeed, we… have sinned.” He may then sit, but not speak25 while the sheliach tzibbur is confessing.26

9 Even though sins that one confessed on a previous Yom Kippur were atoned for, one may nevertheless enumerate them again in his present confession.27 Indeed, it is praiseworthy to [do so], as [indicated by] the verse, “My sin is always before me.”28 [Doing so] implies: “I do not think that You have granted me atonement; it is as if [the sin] is always standing before me.”29

10 We do not conclude the confession [with the wording of a blessing].30 [This applies] both with regard to the confession recited in the Afternoon Service of the day preceding Yom Kippur and with regard to the confessions recited by every individual [at the conclusion of] Shemoneh Esreh in the prayer services of Yom Kippur itself.

11 It is customary that after the Afternoon Service31 on the day before Yom Kippur, all the congregants receive 39 lashes.32 Lashes are not effective [in securing expiation for sins] in the present age, since we do not have judges who have been granted [the classical ordination of] semichah.33 Moreover, [a transgressor] is not liable for lashes unless he was warned that the Court would punish him by lashes.34 Nevertheless, it is customary to give lashes in order that one should take to heart [the task of] repenting for the sins he has committed, and in order to humble his heart and prepare it to serve the revered and awesome G‑d with dread and fear.

12 It is customary for the one receiving the lashes to recite the confession while being lashed, and for the person administering the lashes to recite the verse VeHu Rachum35 three times. This totals 39 words, paralleling the 39 lashes.36

13 It is customary to use a strap of any [width], for these are not lashes in the strict sense of the term, requiring a strap a handbreadth wide.

14 A strap of calf’s leather is used; [this] spurs one to repentance by [recalling] the verse, “[Even] an ox knows its master….”37 However, there is no need to use two straps, one [from an ox and the other] from a donkey,38 as were used for the actual lashes, for lashes in the present age are not effective [in absolving one of liability].39

15 The person receiving the lashes should neither stand nor sit but should crouch forward, with his back to the south and his face to the north, because a person’s sins are primarily due to money, and it is written,40 “Gold comes from the north.” One should therefore humble oneself in that direction, which was the source of his sin.

16 Yom Kippur atones only for those who repent and believe in the atonement it conveys.41 If a person holds it in disdain and thinks in his heart, “What will Yom Kippur do for [me]?” — Yom Kippur will not atone for him.