Mishneh Torah (Moznaim)
Featuring a modern English translation and a commentary that presents a digest of the centuries of Torah scholarship which have been devoted to the study of the Mishneh Torah by Maimonides.
Mishneh Torah (Moznaim)
Featuring a modern English translation and a commentary that presents a digest of the centuries of Torah scholarship which have been devoted to the study of the Mishneh Torah by Maimonides.
This halachah is a quote from Yoma 86b. However, the Talmud begins with the question: “What is an example of a Ba’al Teshuvah?” The Rambam adds the word “complete.” The Talmud mentions several examples of Teshuvah and this rung represents the most elevated level.
In Halachah 2, the Rambam describes the conditions necessary to show that a person’s repentance is complete and he will not return to sin. In this instance, however, his abstinence from sin is sufficient evidence that he has reached this level (Meiri, Chibur HaTeshuvah).
I.e., fear of other men; alternatively, not because of fear of Divine retribution,
Physical vigor.
In a different place, it is possible that other factors aside from Teshuvah would prevent him from sinning.
The expression Baal Teshuvah means “master of Teshuvah.” According to the Mabit (Beit Elohim, Sha’ar HaTeshuvah), it implies one has “subjugated” the attribute of Teshuvah, making it a permanent aspect of his nature.
A similar concept is implied by Avodah Zarah 19a in its interpretation of Psalms 111:1 “Happy is the man who fears God.” The Talmud comments: “Happy is one who fears God in the full power of his manhood.”
In a related matter, Sanhedrin 31b mentions Nathan bar Ukvah as a classic example of a Baal Teshuvah. Rashi’s commentary relates his story, explaining that he was strongly attracted to a married woman. His desire for her was so powerful that he became sick and had to be confined to bed.
Once this woman suffered a series of financial losses and was in dire need of money. She sent word to Nathan that if he would lend her the money, she would consent to his wishes. He eagerly did so.
When she came to him, he was suddenly overcome by the fear of God and sent her home untouched. Afterwards, his face shone with a Godly light which the Sages compared to the rays of Moses’ countenance.
The continuation of the verse refers to old age. It is placed in brackets because it is omitted by most printings of the Mishneh Torah.
I.e., he lacks the physical desire and vigor to sin.
For he is not turning to God with the same energy with which he turned away from Him,
For he has, nevertheless, turned to God out of his own volition and repented.
. The Yalkut Shimoni (Parshat Balak) states: The totally wicked of Israel who are filled with remorse and sorrow at the time of their passing merit a portion in the world to come.
Shabbat 151b explains how each of these metaphors refers to a different stage of physical ability.
Though a person is granted atonement even though he does not repent until his final moments, it is far better to repent during one’s lifetime. Man was created to live a life of connection to God within the context of our material world. Though he absolves himself of punishment by repenting at this time, he has not fulfilled the purpose for his creation.
Amending his deeds.
Purifying his thoughts. The Meiri, Chibur HaTeshuvah, writes:
A Baal-Teshuvah must inspect all of his deeds and thoughts, uprooting all evil attributes like anger, hatred, and envy from his inner being.
He must be as careful regarding thought as regarding actual sin, for when a person is caught up in these matters, he will have difficulty separating himself from them. Inevitably, thought will lead to deed.
The Torah itself mentions the concept of Teshuvah in Deuteronomy 30:2, “You shall return to God, your Lord.” Nevertheless, the Rambam chooses to bring this verse as support because:
a) It is a command, in contrast to the verse from Deuteronomy which merely relates that ultimately, our people will turn to God in Teshuvah. In this manner, the Rambam emphasizes that, not only are we granted the opportunity to repent, we are commanded to do so.
b) The continuation of the verse: “the depraved man, his thoughts,” alludes to the purification of thought mentioned by the Rambam.
Thus, the service of Teshuvah contains two phases: remorse over the past and the resolution to amend one’s behavior in the future.
I.e., God Who knows the hidden feelings within a person’s heart.
The Lechem Mishneh interprets the Rambam’s statements to mean that a person who repents should take God as a witness that his resolve is sincere. However, the Rambam’s words appear to imply that God must testify, not only with regard to a person’s present commitment, but also with regard to his future behavior.
It is possible to explain this halachah in the context of the previous one which alludes to the different levels within the service of Teshuvah. On the most basic level, Teshuvah requires a commitment never to repeat the sin again. However, if a person’s evil inclination forces him to sin after he has repented, the effect of his repentance is not nullified (Emunot V’De’ot, Discourse 5, Chapter 5). Accordingly, when questioning whether a person has repented or not, Torah law (Choshen Mishpat, loc. cit.) considers a person’s present actions without trying to determine what will transpire in the future.
Nevertheless, this does not represent the highest rung in Teshuvah. In its most complete sense, Teshuvah can have an effect on the future as well as the past. A person’s commitment can be so powerful that God will be able to testify that he will never return to sin. Though this is the highest rung of Teshuvah, the Rambam mentions it in the beginning of his discussion of the subject to emphasize how each Jew has the potential to reach this level.
The Kessef Mishneh questions the connection of this verse to the concept expressed by the Rambam and explains that it must be read as a continuation of the previous verses: “Israel, return to God, Your Lord, for you have stumbled in your iniquity. Take with you words and return to God….”
The connection of these verses to the concept of testimony is explicitly mentioned by the Yalkut Shimoni which relates that the word עד, Ad, translated as “to” should be figuratively interpreted as Ayd, “witness.”
Israel asks God: Master of the World: If we repent, who will testify on our behalf?
God replies: “I served as a witness regarding your evil as [Malachi 3:5] states: “I will be a swift witness against the sorcerers and the adulterers, those who swore falsely, and those who oppressed a hired worker,’ surely, I will testify concerning your good.”
See the notes to Chapter 1, Halachah 1.
By making this confession, a person reveals the feelings of remorse contained within his heart. In addition, this review of his sins increases his feelings of regret and reduces the chances of his lapsing into sin again in the future (See Sefer HaChinuch, mitzvah 364).
Generally, a person who is ritually impure can regain his ritual purity through immersion in a mikvah. However, contact with a dead lizard imparts ritual impurity. Hence, in this instance, he remains ritually impure, because he never ceased contact with the source of impurity.
Homiletically, one can explain that though this confession will not bring atonement just as that immersion to which it is compared will not bring ritual purity, the act, itself, is a positive one. This confession may cause him to become embarrassed by his sins and may motivate him to abandon them entirely.
Based on the same principle, the Sefer HaChinuch (mitzvah 364) states that if a person has stolen an article or damaged his neighbor’s property, his confession is of no avail until he makes restitution.
The verse states that, in addition to confessing, the person must modify his behavior and abandon his sins.
Instead of merely confessing “I sinned,” the person must mention the particular sin he committed and ask forgiveness for it. Thus, in his description of the mitzvah of confession (Chapter 1, Halachah 1), the Rambam adds the phrase: “I committed iniquity before you by doing the following….”
Yoma 86b records a debate on this issue between Rabbi Yehudah ben Bava, whose opinion is accepted by the Rambam, and Rabbi Akiva who does not require each sin to be cited individually.
Tosafot (Gittin 35b) explains the difference between these opinions. A person will become very embarrassed through specifically mentioning each sin he committed. This shame will motivate him to more complete and heartfelt Teshuvah. On the other hand, his confession of his many sins will raise questions as to whether he has violated other transgressions as well.
Rabbi Yehudah ben Bava considers the question immediately at hand, the intensity of the person’s Teshuvah, as most important and thus, requires particular mention of each sin. Rabbi Akiva is more concerned with the possibility of future difficulties and hence, considers a general confession as sufficient.
Though the Rambam accepts Rabbi Yehudah ben Bava’s opinion, many other authorities including Rav Yitzchok Alfase and Rabbenu Asher follow Rabbi Akiva’s opinion. Accordingly, the latter opinion is accepted as halachah by the Shulchan Aruch (Orach Chayim 607) and the alphabetical confessional prayer Al Chayt was instituted to include the particular mention of all possible sins.
Here, Moses specifically mentioned the sin committed by the people.
This expression implies a course of behavior that will lead a person to true and complete repentance. Also, these acts will to reinforce and strengthen a commitment to Teshuvah that has already been made.
The term used, צעקה, implies heartfelt and intense prayer.
Rosh HaShanah (loc. cit.) quotes Psalms 107:28, “They call out to God in their distress, He saved them from their afflictions,” as the source for this concept.
The Rambam does not state “to give charity.” In addition to whatever money a person gives, he must act in a charitable manner, performing deeds of kindness and actually doing favors for his fellowmen.
In this context, Rosh HaShanah (loc. cit.) cites Proverbs 10:2: “Charity will save from death.”
. Tanya, Iggeret HaTeshuvah (Chapter 3) relates that, in this instance, there is no need to comply with these restraints. Just as a person would give up all his financial resources if his physical health was at stake, similarly, he should be willing to make overly generous donations to gain atonement for his sins.
In Hilchot De’ot, Chapter 2, and in Shemoneh Perakim, Chapter 4, the Rambam explains that though, in general, a person must follow “a middle path,” if he has strayed from that path in one direction, he must correct that imbalance by turning to the opposite extreme. Similarly, in this instance, a Baal-Teshuvah must place a great distance between himself and those influences which tempt him to sin.
This is a further extension of the quality of “changing one’s behavior” mentioned in Rosh HaShanah (loc. cit.).
The Jerusalem Talmud (Ta’anit 2:1) states that “three things rend an [evil] decree” and does not mention changing one’s name or changing one’s place, for these two are merely intermediaries to stir a person to complete Teshuvah.
The Zohar (Vol. I, p. 133b) relates that after Abraham sent Hagar away, she reverted to the idol-worshipping practices of her native land. Later, she returned to belief in one God and changed her name to Keturah as a public statement of her repentance.
Rosh HaShanah (loc. cit.) cites the example of the people of Nineveh. “God saw their deeds; that they had repented from their evil ways.”
“Changing one’s place” as mentioned in the passage from Rosh HaShanah.
The Torah obligates a person who inadvertently killed a fellow Jew to seek exile in a city of refuge. However, the purging influence of exile is not confined to that specific instance and helps atone for all sins (Sanhedrin 37b). Thus, when Adam sinned, he was exiled from the Garden of Eden. When the Jewish people as a whole sinned, they were exiled from Eretz Yisrael (Petichah, Eichah Rabbah).
Accordingly, throughout Jewish history, many sages (e.g., Rashi, the Vilna Gaon) traveled in self-imposed exile for a number of years in order to gain atonement.
By nature, when a person moves into new surroundings, he is not known by the local people and must suffer many difficulties until he becomes appreciated by his new neighbors. These circumstances force him to adopt a submissive attitude.
The Ritbah (Rosh HaShanah loc. cit.) explains that these qualities enable a person to “humble and master his evil inclination.”
Similarly, in Sha’arei Teshuvah (Section 1), Rabbeinu Yonah lists humility as one of the fundamental requirements of Teshuvah, explaining how a Baal Teshuvah must not become angry, become upset with a fellow Jew, or disturbed by anything. His suppression of his feelings of anger will cause God to suppress His anger towards him.
The Sifra explains that this course of behavior will lead to full atonement as Leviticus 26:41 states: “When their stubborn spirit is humbled, I will forgive their sin.
There are two advantages to such a confession: a) the shame the person suffers will help him achieve complete repentance; b) the people who hear his confession will urge the person whom he wronged to forgive him (Rashi, Yoma 86b).
This public confession is not synonymous with the particular mention of one’s sins required by Halachah 3 (Bayit Chadash, Orach Chayim 607). Rather, it is an additional measure, to be carried out after privately confessing before God and apologizing and making restitution to the person against whom one has transgressed (Meiri, Chibur HaTeshuvah).
Here, also a particular mention of sins is required.
The Rambam interprets the lack of success mentioned by the verse as referring to incomplete Teshuvah. This interpretation is supported by the continuation of the verse: “He who confesses and forsakes [his sins] will be treated with mercy,” which implies that the entire verse centers on the concept of repentance.
Yoma 86b notes an apparent contradiction between the verse from Proverbs quoted above which requires public confession and the verse from Psalms mentioned at the conclusion of the halachah. It resolves that difficulty by making this distinction between the types of sins.
Doing so is dishonorable to God, for it publicly demonstrates that people sin against Him (Rashi, Yoma, loc. cit.).
. Berachot 34b relates that a person who makes a public confession of this nature appears to imply that he is not embarrassed about his behavior.
The Yalkut Shimoni (Hoshea 14) states:
Generally, if a person asks for forgiveness after embarrassing a fellow Jew in public, the latter will reply: “You shamed me in public and now, you want to apologize to me in private! Bring me all the people who heard you embarrass me and then, I will accept your apology.”
God does not follow this practice. Even though a person scoffs and scorns Him in public, God tells him: “Repent in private, just between Me and you, and I will accept your Teshuvah.”
Making individual mention of each sin as required by Halachah 3.
Stating merely: “I sinned,” without mentioning each sin individually.
The Ra’avad requires that a public confession be made concerning a sin which is already public knowledge. This will cause the sinner to experience greater shame and motivate him to turn to God with more intense feelings of repentance.
Sha’arei Teshuvah (Chapter 1, Section 8) accepts the Ra’avad’s opinion, but offers a different rationale. The public knowledge of a sin causes the desecration of God’s name. That can only be corrected by a public confession.
The Ra’avad’s opinion is also derived from the passage from Yoma mentioned above which also offers this distinction as a resolution to the contradiction between the two verses. The Rambam does not quote this opinion in accordance with the Talmudic principle that, when two opinions are offered, the final one should be accepted as halachah. The Ra’avad explains that this principle only applies when the different opinions contradict each other. In this instance, both opinions can be accepted as halachah.
The Migdal Oz cites a number of examples of public confession of sins against God in support of the Ra’avad’s position, e.g., Achan’s confession (Joshua 7:20). In practice, the Shulchan Aruch (Orach Chayim, Chapter 607) omits mention of the need for a public confession in accord with the Rambam’s opinion. However, many Ashkenazic authorities (the Bait Chadash, the Magen Avraham, the Shulchan Aruch HaRav, and the Mishneh Berurah) accept the Ra’avad’s view.
Nevertheless, a person may make a public confession if there is a reason that necessitates it. Accordingly, Genesis 38:26 relates how Yehudah confessed his relations with Tamar in order to save her from capital punishment (Pri Chadash).
Indeed, three times each day in our prayers, we ask God, “Cause us to return, our Father, to Your Torah…. Bring us back to You in wholehearted repentance.” Similarly, in Halachah 4, the Rambam states: “Among the paths of repentance is for the penitent to constantly call out before God.”
Actually, there are only seven days between Rosh HaShanah and Yom Kippur. The figure ten includes the three days of Rosh HaShanah and Yom Kippur as well.
These days are commonly referred to as “the Ten Days of Repentance.” Indeed, certain texts of the Mishneh Torah read “the Ten Days of Repentance between….”
In his Siddur, Rav Yitzchok Luria, the holy Ari, writes that this week has the potential to elevate all the days of the previous year. By repenting on the Sunday of the Ten Days of Repentance, a person can atone for all the sins he committed on Sundays throughout the previous year. Similarly, repentance on the Monday of that week affects the sins committed on that day.
The Maharsha (Yevamot 49b) explains the significance of these days as follows: God judges the world on Rosh HaShanah and seals that decree on Yom Kippur. The days in between may be used to nullify any harsh judgments through Teshuvah.
The Meiri (Rosh HaShanah 16b) stresses the importance of utilizing the unique nature of these days and uses very harsh language to describe those individuals who do not avail themselves of this opportunity and fail to repent at this time.
Accordingly, various different customs are instituted to accentuate the service during these days. The Rambam mentions these practices and the custom of rising before daybreak to recite the Selichot prayers during this week in Chapter 3, Halachah 4.
The Hebrew term יפה יותר, literally means “is nicer.” Homiletically, the Rabbis have explained that the Teshuvah performed during this week is on a higher level than Teshuvah throughout the entire year.
Generally, we conceive of Teshuvah as repentance for sins. However, the literal meaning of the term is “return.” This definition reflects a radically different perspective on the relationship we share with God.
Each Jew possesses a Divine soul which is a spark of God. This Godly potential represents the core of our beings, our real “I.” Teshuvah implies returning to this essential core, seeking contact with these inner powers, and establishing them as the dominant force in our lives.
Thus, no one is above Teshuvah. We must do Teshuvah, not only because of sin, but primarily, because of our distance from God. Even the most refined and developed people are limited by the very nature of their humanity. Teshuvah involves stepping above that humanity and expressing our infinite Godly essence.
Throughout the entire year, this aspect of Teshuvah may not be revealed. However, during the Ten Days of Repentance, when the service of the month of Elul and Rosh HaShanah has been completed, this higher level of Teshuvah can be reached.
The Rambam accepts the principle (Rosh HaShanah 16b) that “calling out to God is desirable at all times, whether a person’s judgment is sealed or not.” Nevertheless, the Ten Days of Repentance have an advantage over the entire year, for then, one’s call to God is answered immediately.
Though God is present in every element of existence at all times, His Presence is not manifest. During the Ten Days of Repentance, God makes Himself more accessible to man and allows us a greater opportunity to relate to Him. Furthermore, in these days, He stimulates our hearts and rouses us to His service.
An individual is given this special opportunity to come close to God only during the Ten Days of Repentance.
A community is considered as a new entity and not merely a group of individuals. Accordingly, they possess additional merit. Thus, Rosh HaShanah 18a declares that the Teshuvah of a community can nullify a harsh heavenly decree even though it has already been sealed.
Though the combined merit of the community is great, their prayers must still be sincere.
Psalms 78:36-38 states:
They flattered Him with their mouths and lied to Him with their tongues. Their heart was not straight with Him, neither were they faithful to His covenant. [Nevertheless,] He was full of compassion, forgiving iniquity.
On this basis, Ta’anit 8a states that the prayers of a community need not be totally sincere. On the contrary, God will forgive them even if their call to Him is not totally genuine. Accordingly, Rav Akiva Eiger questions why the Rambam requires the community to “cry out wholeheartedly.” As a possible resolution, he offers the thesis that at least one member of a community must pray with true sincerity for its plea for atonement to be accepted.
Throughout the entire year.
Yevamot 49b relates the following episode: King Menasheh judged the prophet, Isaiah, as worthy of death for contradicting Moses’ prophecy. “How can you restrict our connection with God,” the king complained. “Moses told us that God is close to us ‘whenever we call Him’ and your prophecy implies that there are only certain times ‘when He can be found.’”
Nevertheless, Rosh HaShanah 18a explains that Isaiah’s prophecy is not restrictive. On the contrary, Moses’ prophecy referred only to a community, while Isaiah’s explains that, during the Ten Days of Repentance, an individual can enjoy the same privileges.
This halachah continues the theme of the previous one, emphasizing how, out of His great love for the Jews, God ordained special times in which their Teshuvah would be more readily accepted (See Pesikta, Parshat Shuvah).
On the surface, there is no one “time for Teshuvah for all.” Immediately, after a person sins, he should repent. If a person has not sinned, there is no need for him to repent.
The Rambam’s statements can be explained as follows: Yom Kippur “is the time of Teshuvah.” The spiritual nature of the day obligates repentance. Just as the fifteenth of Nisan, the date of the exodus from Egypt, is eternally fixed as ‘the season of our freedom.” The tenth of Tishrei, the day on which God forgave the sin of the Golden Calf, is established as a day of repentance and atonement for all time.
Accordingly, even though a person has already asked for forgiveness for his sins, he must repent for them again on Yom Kippur. This concept is implied by the following halachah: “Sins which were confessed on one Yom Kippur should be confessed on another Yom Kippur.” Thus, since, “there is not one righteous man who will do [only] good and never sin (Ecclesiastes 7:20),” every individual has some aspect of his behavior for which he will have to repent on Yom Kippur.
This phraseology is borrowed from the Ne’ilah liturgy. The term “apex” is appropriate for the process of Teshuvah, and hence, the atonement it brings, begins in the month of Elul and is intensified as we draw closer to Yom Kippur. On Yom Kippur, this service reaches its peak and forgiveness is granted to the entire people.
Rabbenu Yonah (Sha’arei Teshuvah, Section 2:14) derives this obligation from the verses (Leviticus 16:29-30): “On the tenth day of the seventh month, you must fast…. Purify yourselves before God.”
The Sefer HaChinuch (mitzvah 364) explains this obligation as follows: Yom Kippur is set aside as a day of atonement and that atonement will not be granted without repentance. Accordingly, each individual must do what is incumbent on him to achieve atonement. A person who fails to utilize this opportunity is considered to have nullified the positive command to repent.
The Levush (Orach Chayim 607) derives the obligation to confess from a comparison of Yom Kippur to the sacrifices. Both Yom Kippur and the sacrifices help the Jews atone for their sins. Hence, just as a person had to confess when bringing a sin offering (Halachah 1, Chapter 1), it is necessary to confess on Yom Kippur.
The holy Ari writes that the Teshuvah of Yom Kippur should be a natural and spontaneous movement. A person’s failure to cry on Yom Kippur is a sign that his soul is lacking (Pri Etz Chayim, Sha’ar Shofar).
It is interesting to note that in Hilchot Shvitat Esor, the collection of halachot devoted to the laws of Yom Kippur, the Rambam does not mention the concept of repentance at all. The description of the spiritual service of Yom Kippur is only mentioned here, in Hilchot Teshuvah.
The meal preceding the fast, Seudat HaMafseket.
The Rambam follows the text of Yoma 87b quoted by Rav Yitzchok Alfasi. Most printed editions of the Talmud state a different reason: lest one become drunk in the meal and be unable to concentrate in prayer.
The Ramban and the Rabbenu Nissim (Yoma, ibid.) maintain that the confession should be made at nightfall on Yom Kippur, before the evening service in order to enter Yom Kippur in a spirit of Teshuvah. Nevertheless, they also agree that the confession must be repeated in the evening service. In practice, most authorities do not accept this opinion. However, they recommend that the pious pay heed to it.
In his commentary on Yoma (ibid.), the Ramban explains that the confession must be repeated to atone for any wrongdoings that might have been committed that day for it is the final moments of Yom Kippur which bring atonement.
From a mystic perspective, the repetition of the confession can be explained as follows: Whenever a Jew ascends to a higher spiritual level, the Teshuvah which he previously underwent is insufficient. Each prayer service represents an elevation of our spiritual levels and, consequently, a higher level of Teshuvah.
The Ne’ilah service is described in Hilchot Tefilah 1:7. At present, Yom Kippur is the only day when these five prayer services are recited. The Kabbalists explain that this relates to the five different levels of soul which are purified on that holy day.
i.e., after reciting the final blessing, but before taking the three steps backward that mark a departure from the position of prayer.
Joined by the congregation.
The Amidah of the Sabbath and festivals includes seven blessings. The first and final three are blessings of praise, recited each day, while the fourth blessing is devoted to the theme of the day. Accordingly, it is appropriate to recite the confession at this point in the service. See Hilchot Tefilah 2:7.
The usage of the word “for” parallels “Joseph’s brothers’ statements (Genesis 42:21) “for, surely, we are guilty…” (Avudraham).
The confessional prayer is recited in the plural, because all Jews share mutual responsibility (ערבות). The fate of our entire people is interrelated and we share each other’s merits and deficiencies.
This line is recited before the confessional prayer “Ashamnu,” the alphabetical confessional prayer. It must be noted that the liturgy ordained by the Rambam at the conclusion of Sefer Ahavah reads:
Our God and the God of our fathers, may our prayers come before You and may You not turn away from our supplications. We are not so brash and stiff-necked as to declare before You, we are righteous and have not sinned, for surely we and our fathers have transgressed….
The Ashkenazic liturgy states Chatenu — “we have sinned,” as this halachah implies was the practice, before beginning the Ashamnu prayer. In contrast, the Rambam’s own text of the confession omits this line.
Yoma 87b relates:
If one states: “for we have sinned…,” nothing more is necessary, as Bar HaMadodi commented: “[The Chazan was] repeating the Amidah before [the Sage,] Shmuel who remained seated. When the Chazan recited ‘for we have sinned,’ he arose and recited it.” Accordingly, we may derive that this is the essence of the confessional prayer.
Though the Rambam’s statement is a direct quote from the Talmud, it has provoked much debate among the commentaries for it appears to contradict his statements in Chapter 1, Halachah 1:
How does one confess: He states: “I implore you, God, I sinned, I transgressed, I committed iniquity before you by doing the following…. Behold, I regret and am embarrassed for my deeds. I promise never to repeat this act again.”
These are the essential elements of the confessional prayer.
Similarly, in Halachah 3 of this chapter, the Rambam requires a person when confessing to mention specifically the sin he committed.
The Lechem Mishneh proposes that, in fact, the Rambam is relying on his previous statements and hence, does not mention the full text of the confession here. In contrast, the Turei Even suggests that here, the Rambam is not defining the confession necessary for a particular sin, for that is governed by the rules already stated, but rather refers to a general confession to be recited on Yom Kippur even if one is not aware of any particular sins for which he must confess.
Other commentaries explain that “we have sinned” is the basic element of the confession and hence, can be recited out loud. The particular sins should be added by each individual as part of his silent confession.
This statement is the subject of a debate among the Sages in Yoma 86b. Rabbi Elazar ben Ya’akov mentions the opinion quoted by the Rambam. However, other Sages maintained that, not only is one not required to confess one’s sins the following year, it is improper to do so. They compare such behavior to, “a dog returning to lick his vomit.”
Though the Tur (Orach Chayim 607) favors the opinion which opposes repetition of the confession, the Shulchan Aruch and most later authorities consider such repetition as praiseworthy.
However, if a person is unable to maintain the spirit of Teshuvah and reverts to sin, he is surely required to repent.
Rashi interprets the verse to mean “I don’t feel that I have been granted atonement for them, and they are constantly before me.”
Tanya, Iggeret HaTeshuvah (Chapter 11) explains that the word, Negdi, translated as “before me,” should be interpreted as “from afar” as in the verse (Numbers 2:2): “They should camp around the Sanctuary from afar.” Thus, the verse from Psalms implies that a person should always remember his sins and thus, remain humble. However, the awareness of them should not prevent him from serving God with joy. On the contrary, the renewal of the connection to God through Teshuvah should be a source of happiness.
Yoma 85b derives this principle from Leviticus 16:30: “You will be cleansed of all your sins before God.” It may be inferred that Yom Kippur will only cleanse a person of those sins which are “before God” alone.
With regard to injuring one’s fellow man, Bava Kama 92a explicitly states: “Even though one reimburses [the injured party], he is not forgiven until he asks for forgiveness.” As proof of the concept, the Talmud cites Avimelech’s behavior towards Abraham and Sarah (Genesis, Chapter 20). In addition to returning Sarah, he gave Abraham gifts of “sheep, cattle, male and female slaves” to appease him.
Cursing a fellow Jew is primarily a sin against God. Therefore:
a) it is punished by lashing rather than by financial restitution (Hilchot Sanhedrin 26:2);
b) The person who uttered the curse is lashed even though his colleague forgave him (ibid.:6).
Nevertheless, since the curse also embarrasses and upsets the person cursed, it is also considered a sin between man and man.
Sefer HaKobetz cites the comments of Bava Kama 60b on Ezekiel 33:15 “a wicked man who… returns what he has stolen,” “Even though he restores the stolen property, he is still wicked,” as the source for the Rambam’s statements.
As implied by Halachah 5 and Chapter 1, Halachah 1, it is necessary to repent and ask God for forgiveness for wrongs committed against one’s fellow man because a transgression against one’s fellow man is also a sin against God.
I.e., makes financial restitution for the damages he caused.
Asking for forgiveness and assuaging the emotional discomfort he caused.
Hilchot Chovail U’Mazik (5:9) states:
A person who injures the body of his fellow man cannot be compared to one who damages his property. Once a person who damages the property of his fellow man pays him what he is obligated to pay him, he receives atonement.
Without causing him monetary damage.
The Bayit Chadash, Orach Chayim, 606) states that a person who wronged his fellow man must ask for forgiveness himself. It is not sufficient to charge an agent with making such a request. However, other authorities do not make such a stipulation.
Yoma 87a derives this concept from Proverbs 6:2-3: “If you are snared by the words of your mouth… do this, and deliver yourself… humble yourself and bring many friends.”
Phrasing his apology and request for forgiveness in a different manner (Maharil, Bayit Chadash, Orach Chayim, 606)
An allusion to these three requests may be taken from Joseph’s brothers’ request that he forgive them (Genesis 50:16): “We appeal to you, please. Please, overlook…. Please forgive….” The word “please” is mentioned three times (Yoma, loc. cit.).
The Mordechai (Yoma, loc. cit.) requires one to collect ten people and inform them of his efforts to appease his colleague, lest others think of him as being to proud to seek forgiveness.
The Pri Chadash states that a person is forbidden to request forgiveness from his fellow man more than three times. However, the Bayit Chadash and the Magen Avraham allow one to make the effort if doing so will not disgrace the honor of the Torah.
Yoma (loc. cit.) derives the latter principle from Samuel’s statements to the people II Samuel 12:23): “Far be it from me that I should sin against God by not praying for you.”
The Talmud notes that previously the people acknowledged their mistakes: (ibid.:19) “We have added to our sins this evil.” Accordingly, it states that the obligation to grant forgiveness only applies when the guilty party acknowledges his wrongdoings.
Yoma (loc. cit.) relates that Rav once snubbed Rabbi Chaninah. For thirteen years, he would come to him on Yom Kippur eve to beg forgiveness.
Bava Kama 92a cites the behavior of Abraham who forgave Avimelech and prayed for his recovery.
Pirkei Avot 5:11 states “One who is hard to anger, but easily pacified is pious.”
Citing the example of Rabbi Chaninah who refused to forgive Rav mentioned in the previous halachah, the Rama (Orach Chayim 607) states that a person may withhold forgiveness if his intention is for the welfare of the other person.
Yoma 87a brings several examples of Sages who would go out of their way to allow a person who wronged them to ask for forgiveness.
On the contrary, by seeking revenge or bearing a grudge, a person violates a negative command. See Leviticus 19:18.
Many authorities (the Mordechai, Sefer Mitzvot Gadol, and Hagahot Maimoni) state that a person need not forgive a person who slandered him behind his back. However, the Rambam does not make this distinction.
. Yevamot 79a states that the Jews are distinguished by three characteristics: “They are merciful, sensitive to shame, and generous.”
Literally, “the gentiles with an uncircumcised heart,” a phrase borrowed from Ezekiel 44:7.
When King Saul was pursuing David, he slew many Gibeonites in the city of Nob. For years, the Gibeonites recalled this bloodshed. God noticed the ill-feeling they carried in their hearts and punished Israel for the deeds of their leader. For three years, the land was parched with drought.
When King David enquired concerning the reason for the lack of rain, God told him to appease the Gibeonites. They refused to forgive the sins against them until they were given seven of Saul’s sons to kill. They slaughtered these men in cold blood and hung their corpses in public view. When David saw that they lacked the basic traits of kindness inherent to the Jewish people, he decreed that they never be allowed to marry a native born Israelite.
A person is only required to go to grave of his fellow man to ask for forgiveness if he wronged him during his lifetime. If he slandered him after his passing, he may request forgiveness from him in any place (Magen Avraham, Orach Chayim 606:7).
In this way, his confession will be made public as required by Halachah 5.
The Yam Shel Shlomo (Yoma 87a) allows a person who lives more than a modest journey away from the deceased’s grave to send an agent to the grave to make amends for him.
For as mentioned, wrongs against one’s fellowmen are also considered sins against God.
While a person is alive, it is necessary to apologize to him before confessing to God. However, after his death, the order is reversed (Ma’aseh Rokeach).
In this instance as well, a particular confession is required. Each sin should be mentioned individually.
Who will divide it as part of the deceased’s estate.
Who will keep it in trust for the heirs or if no heirs are found, distribute it as they see fit (Rambam, Commentary to the Mishnah, Bava Kama 9:5).