Viduy of Yom Kippur

So let's please learn a little inyanei Rosh Hashanah. This is the only other shiur we're going to have before Yom Tov. Perhaps we'll learn a little inyan for Yom Kippur tonight. So let's take a look in the end of the Gemara. If you take a look in the end of יומא דף פז עמוד ב. You see the Tanu Rabbanan around fifteen lines down at the beginning of the line? Tanu Rabbanan: מצות וידוי ערב יום הכפורים עם חשיכה. Aval amru chachamim: יתוודה קודם שיאכל וישתה. One should say viduy before eating the seudah on Erev Yom Hakippurim in the afternoon. שמא תטרף דעתו בסעודה. Rashi: שמא תטרף דעתו מה כשכרות. Lest he become intoxicated and then not be able to say the viduy later. ואף על פי שהתוודה קודם שאכל ושתה. And even though he says the viduy, this is the viduy that we say in Mincha of course on Erev Yom Hakippurim.

ואף על פי שהתוודה קודם שאכל ושתה מתוודה לאחר שאכל ושתה שמא יארע דבר קלקלה בסעודה.

What does he have to be misvadei? No, maybe he was over something during the course of the seudah. ואף על פי שהתוודה ערבית yisvada shacharis, shacharis yisvada bemusaf, bemusaf yisvada bemincha, bemincha yisvada beneilah. Right, so we say the viduy in each of the five tefillos hayom. Okay. Here there is just a very... if you take a look in the Ran on this Gemara, there's a very fundamental machlokes in the Rishonim on how to understand the beginning of this Gemara. If you take a look in the pages of the Rif, it's דף ו עמוד א. The Rif on יומא דף ו עמוד א. Right, so the Gemara says that ואף על פי שהתוודה קודם שאכל ושתה, the Baraisa, the Tosefta actually, even though one said viduy before eating, he says viduy again afterwards: מתוודה לאחר שאכל ושתה. Now what viduy is this referring to? So if you take a look at the... if you see where the Tanu Rabbanan is, just four or five lines down, once the lines become narrow in the Ran, so you have the Tanu Rabbanan and then three lines after that: צריך שיתוודה לאחר שיאכל וישתה tefillas Arvis, כך פירשו הראשונים ז"ל. Right, so according to these Rishonim, basically the mitzvas viduy, what the Baraisa, the Tosefta is saying is that the mitzvas viduy really is to begin saying viduy on Yom Kippur in Ma'ariv. The only thing is, lest a person sleep through Ma'ariv or something because he's mishtakeir besudaso, so because of that we say the viduy already in Mincha. But the fact that for insurance sake we say the viduy already at Mincha doesn't mean that a person doesn't repeat it again in tefillas Arvis.

לתפלת ערבית כך פירשו הראשונים ז"ל. והרמב"ן ז"ל הקשה דאם איתא הוה ליה למתני,

if that's what the Tosefta had in mind, so the Tosefta should have said it: ואף על פי שהתוודה קודם שיאכל וישתה misvada arvis. Right, why does it say a lashon of מתוודה לאחר שאכל ושתה? It should have said that he's misvadei in Arvis. Ukde'katani, as the Baraisa subsequently says: ואף על פי שהתוודה ערבית. Ve'od, furthermore, the Ramban has another criticism of this understanding:

דמשמע דהכי קתני מצות וידוי של ערב יום הכפורים עם חשיכה הוא דהיינו ש

line of the Tosefta, the understanding of the Rishonim isn't accounting for. That opening line of the Tosefta, the mitzvas viduy של ערב יום הכיפורים im chasheicha, so that doesn't seem to mean Arvis. No, to say mitzvas viduy of Yom HaKippurim is with the first tefillah. That certainly seems to indicate that there's some other slot for viduy other than just in the tefillos hayom, right? Ve'od

דמשמע דהכי קתני דמצות וידוי של ערב יום הכיפורים עם חשכה הוא דהיינו שלאחר שיאכל וישתה אלא שהקדימו לו חכמים והתוודה קודם שיאכל שמא תטרף דעתו בסעודה.

That there is besides the chiyuv to be misvadeh in each of the tefillos, there's a chiyuv to be misvadeh im chasheicha, right? As we'll see in a minute, as dusk, as it is beginning to descend, right? As the day of Yom HaKippurim is impending. Ve'ala ko amar about this obligation of saying viduy immediately prior to the onset of Yom HaKippurim, about this the Tosefta says שאף על פי שהצריכוהו להקדים ולהתוודות even though Chazal required that we already say viduy at Mincha, nevertheless, עיקר הוידוי לא הפסיד את מקומו, this doesn't displace the viduy שצריך להתוודות לאחר שאכל ושתה and one is required to be misvadeh again after eating immediately prior to the onset of Yom HaKippurim, de'hainu im chasheicha. Ve'ilu Arvis, if the Tosefta were referring to the viduy that we say in Tefillas Maariv, le'achar she'ochal v'shasa, you don't describe that as immediately after eating דלא סמיך לאכילה היא. We stop eating I don't know a half hour before shkia, we're not going to daven Maariv for another hour. You wouldn't describe that as le'achar she'ochal v'shasa. ותפילת ערבית שמה לה. If you wanted to describe, if you wanted to describe viduy in Tefillas Arvis, so the Tanna would have said it, he would have said it, that אף על פי שהתוודה קודם שאכל ושתה מתוודה ערבית. He wouldn't say le'achar she'ochal v'shasa.

ועוד מאי אף על פי דכי סלקא אדעתך שלא יתוודה בו ביום הכיפורים מפני שהתוודה קודם יום הכיפורים?

And how could it have occurred to you, says the Ramban, that just because you said viduy in Mincha on erev Yom HaKippurim, that you wouldn't bother with viduy in Arvis on Yom HaKippurim? A viduy of erev Yom Kippur is no substitute for a viduy on Yom Kippur. והלא עיקר הוידוי ביום הכיפורים הוא. Lefichach peirush zal, therefore he, the Ramban, interprets the Tosefta as follows: De'hachi ko amar, this is what the Tosefta is saying, מצות וידוי של ערב יום הכיפורים שצריך. Here the crucial line where the Ramban tells us his shita: שצריך להתוודות קודם שיכנס ליום בתשובה. Right, according to the Ramban, in addition to the chiyuv that we have to be misvadeh continuously throughout Yom HaKippurim, there's a chiyuv to be misvadeh before Yom HaKippurim that we should enter the day already having done teshuva. Not that we should begin the teshuva, we should begin saying viduy on Yom HaKippurim, but rather we should enter the day: sheyikanes leyom betshuva. Now, when is the optimal time for that mitzvas viduy? The mitzvas viduy again that a person will enter into Yom HaKippurim having said viduy, when is the optimal time for that? Hu im chasheicha. That means again as dusk is approaching, samuch leyom atzmo, close to the actual day of Yom HaKippurim. Why? כדי שלא תהא שהות לחטוא בין הוידוי והיום so simply that there not be opportunity to sin and to undercut the viduy. Aval chashashu chachamim, the Chazal were concerned שמא תטרף דעתו בסעודה. Again, lest a person become intoxicated, וימנענו שכרותו מן הוידוי, and his intoxication would prevent him from saying this viduy, ולפיכך החמירו עליו להתוודות קודם אכילה. And therefore Chazal required that we say viduy already at Mincha. ואף על פי שהתוודה קודם אכילה and even though he said viduy before eating. חוזר ומתודה בזמנו עם חשיכה סמוך ליום עצמו but again this doesn't this doesn't displace it doesn't replace the viduy the optimal time for the viduy im chasheicha why שמא יארע דבר תקלה של חטא בסעודה lest one one was nichshal in something over the course of the viduy but viduy shel arvis which is וידוי של יום הכפורים עצמו lo katanei the Tosefta doesn't mention that explicitly bevadei מתודה הוא ביום הכפורים that goes without saying that in the first tefillas hayom you're going to say viduy that goes without saying ella katanei the Tanna tells us the chiddush that

אף על פי שהתוודה ערבית מתודה שחרית וכל היום שמא יארע לו דבר עבירה כל היום דיום הכפורים בסופו עם חשיכה הוא מכפר

the kapara which which the itzumo shel yom provides is at the end of the day kidksiv l'el as as we've discussed earlier so according to the Ramban so according to the Ramban so according to the Achronim what this braisa basically says that really one would be one would begin to be misvadeh the night of Yom Kippur in tefillas arvis of Yom Kippur but in case one is not going to be awake because one's going to be sleeping off I guess it makes more sense this chashash of shema yishtaker seems pretty amazing that someone could get drunk on Erev Yom Kippur so I don't know maybe it's easier to understand thinking of wine as the primary beverage so you want to drink a lot before a taanis so you drink a lot so maybe back then the wine was their their most was the staple in terms of a beverage I don't know maybe there's another way to understand it though al kol panim Chazal had this concern lest lest a person become intoxicated but really the mitzvas viduy is to begin with Maariv the night of Yom Kippur comes the Ramban and is mechadesh and says no there's a special mitzvas viduy im chasheicha prior to shkia immediately prior to shkia as darkness begins to settle so according to the Ramban according to the Ramban when we say Tefilla Zaka so that's fulfilling this chiyuv of mitzvas viduy Erev Yom Kippur im chasheicha im chasheicha and Tefilla Zaka has viduy in it as well of course well not the classical ashamnu bagadnu not the classical right so the Rav zeicher tzaddik livracha introduced that one should actually say the the regular viduy that that we say throughout the day on Yom Kippur in compliance with with this view of the Ramban but even if one doesn't do that so one should be aware that in so first of all again the idea is anyway if you're going to be on time for Kol Nidre so you have to be in shul before shkia and say Tefilla Zaka before shkia but in saying Tefilla Zaka one is fulfilling this mitzva of the Ramban of mitzvas viduy Erev Yom Kippur im chasheicha Mistama that also has implications maybe this should be in any event but but certainly if one is relying on Tefilla Zaka to satisfy this obligation the Gemara says a little further down if you take a look around I don't know I'm around eight lines before they branch out to the left the Gemara says that v'chimata shliacha d'tzibura ואמר אבל אנחנו חטאנו when the shliach tzibur got up to the phrase aval anachnu chatanu kam mekam Shmuel stood up to say aval anachnu chatanu I'm sorry back on tzayin amud beis אמר שמע מינה עיקר וידוי היי הוא so the primary the essence of viduy is the phrase aval anachnu chatanu but incidentally we see that Shmuel made a point of standing up for that right so we know that you stand up for viduy right that even if even if one is sitting during chazaras hashatz so one stands up for the viduy so the truth is that that same obligation to stand applies to the mitzvas viduy the Ramban's mitzvas viduy in Erev Yom Kippur as well so if Tefilla Zaka is fulfilling that function so then one would have to be standing for at least the part of Tefilla Zaka to satisfy that. Ramban's shitta, the braisa is, there's a gap in the braisa. It doesn't mention that you're misvadeh on maariv. Right, so that's what the Ramban says because that's understood because the mitzvah is to be misvadeh on Yom Kippur. So the first occasion, but it explains every other, you know, because every other case is a chidush because it's seemingly it's redundant. Every other time, every other time other than maariv seemingly is redundant. Right, I already said Ashamnu, I already said על חטא שחטאנו לפניך. The onus of it, the first time in maariv it's not redundant. So that's why the Ramban says the Tosefta doesn't bother with that because that's a given. But it's all the repetitions which are a chidush, so that's why the braisa emphasizes that. Shacharis, Musaf, Mincha, Ne'ilah. No, but what Sholom was asking, but the Ramban was sensitive to this. He was also felt that we deserve an explanation is that it doesn't mention that you were misvadeh in maariv in the first place. It should have said even though, so that's what the Ramban says because, again, the initial viduy is a given. It's all the repetitions which are a chidush. That's what the point which the Tosefta has to make. Okay, now what exactly is the, this mitzvah of this, again, so we have a machlokes rishonim and according to the Ramban, this braisa is telling us that there's a mitzvah of being misvadeh immediately before Yom Kippur, right? In addition, right, above and beyond the mitzvah to be misvadeh on Yom Kippur, there's a mitzvah to be misvadeh on Erev Yom Kippur. The optimal time is somuch to to the onset of the day, again, around the time when we're saying Tefilla Zaka. And Chazal as an insurance policy, as an extension, said that for the same reason we're going to be misvadeh at Mincha as well. That's according to the Ramban. Now what exactly, where does this mitzvah come from? So there are two understandings. The Netziv in his chidushim on Shas, in Meromei Sadeh, sees this as part of a general trend. He refers to the fact that the Gemara says in Shabbos lamed-beis that if a person senses either the inevitability, rachmana litzlan, or even the possibility of impending death, so a person is supposed to be misvadeh, right? If nothing else, just the lashon of תהא מיתתי כפרה על כל עונותי. That a person is supposed to say. Again, if a person is able to say a more elaborate viduy, then certainly that's appropriate as well. But minimally, a person is supposed to say תהא מיתתי כפרה על כל עונותי. So that's immediately, again, a person if a person thinks that there's a possibility that rachmana litzlan death is impending. Similarly, the Ramban says you have a din that if a person's bringing a korban chatas to the Beis Hamikdash, so immediately prior to the hakravas hachatas he has to be misvadeh. So the Ramban says, so what's the pattern that emerges? The pattern that emerges is that when you have something which is mechaper, something which is a source of kapara, so we know that misa, rachmana litzlan, is mechaperes. A korban chatas comes lekapara, that's what the korban chatas is for, so that's supposed to be preceded, again, immediately preceded by viduy. So the Netziv suggested that's the pshat in the מצוות וידוי ערב יום כיפור עם חשיכה, that this day, right, the 24 hours of Yom Hakippurim are a source of kapara. Itzumo shel yom is mechaper, so hence immediately prior to this davar hamechaper one should be misvadeh. So that's how the Netziv understands it, and is that a hiddur or is that me'akev? In which if you do the viduy during or after, would that be then is it? That's a good question. So according to this understanding, that's a very good question. According to the Netziv's understanding, presumably it wouldn't be me'akev because again, since the actual kapara doesn't come until the sof hayom, so presumably, presumably as long as one was misvadeh on Yom Kippur, but the mitzvah l'chatchila is before the process begins, before the mechaper unfolds, before this source of atonement is unfolding, right, immediately beforehand there should be a viduy. So if it's not me'akev, then theoretically if a person sees a nisayon as a, as some type of situation that's in lieu of misa or some type of onesh, then his viduy after that. Should be a full kapara for him. For say you don't have a korban, so meaning let's say yisurim. Let's say a person has yisurim. So take that yisurim. Yisurim mechaperim also like a chatas. I think the Netziv would probably say the same thing. Since you can't be makriv, you don't have to do it beforehand. Well again, but it's not exactly analogous because on Yom Kippur it's still before the sof hayom. Right, it's still before the sof hayom. So there it's surely not me'akev. It's not after the fact. It's just before the beginning, it's in the middle as opposed to before the beginning. But so it wouldn't be analogous to the case of afterwards, but I think the Netziv would say the same thing, and I think that's a very good point. The Netziv probably would say that that a person should be mitvadeh in conjunction with yisurim as well because of the same pattern. That's how the Netziv understands. The Ra'ah understood the Ramban differently, and the truth is if you, well, I don't know if it's, I guess it depends upon how you want to read this line. But if you come back again here to vov amud aleph in the Dappei HaRif where the Ran is quoting this from the Ramban. So if you look in the outer margin, the Shiltei Gibborim, you see the os beis in the Shiltei HaGibborim. So in the lines of the Ran alongside that, one line up, lefikach. The last word in the line, one line up from the os beis in the Shiltei HaGibborim.

לפיכך פירש ז"ל דהכי קאמר מצות וידוי של ערב יום הכפורים שצריך להתוודות קודם שיכנס ליום בתשובה.

So the Ra'ah understood that this is again not, I mean what the pattern which the Netziv describes is taki true. Is taki true, but the Ramban here, it's not just simply that this is another instance of that general principle, but rather it's a chiyuv, it's rather a chiyuv that before one comes lifnei Hashem on Yom HaKippurim, so to the best of one's ability one should already be tittaharu. That the tittaharu is almost a, I don't know if precondition is the right word, but what, that optimally one should do everything possible so then when that one comes to that special status, that special state of lifnei Hashem on Yom HaKippurim, one does so already be-taharah. Not that one comes bevgadim tzoim to use the mashal of the Navi with soiled clothing, but as much as possible, that again that the tittaharu is

כי ביום הזה יכפר עליכם שצריך להתוודות קודם שיכנס ליום בתשובה

that before you come lifnei Hashem on this special day, tittaharu in preparation, in anticipation of this of the kedusha of Yom HaKippurim. That a person as much as possible, obviously it's not fully possible because we need the kapara of Yom HaKippurim, but to the extent that one can, so the vidui, one should be metaher himself in anticipation of the day, so that he enters the day as much as possible be-taharah. That it's more again a unique and special mitzvah generated by Yom HaKippurim. Okay, and that's consistent with the fact that we say vidui during the week in the context of our Selichos? So that it's an optimization and that we're as close to Yom Kippur as possible and therefore saying it at that last possible juncture to enter it. I think so. I think so. Okay, let's continue here on pei-zayin amud beis. Heichan omer. Right, so the Tosefta just finished saying that in each of the five tefillos hayom we say vidui. Now, heichan omer, yachid achar tefillato and the silent Shemoneh Esrei, one says it again after יהיו לרצון אמרי פי ושליח צבור אומר באמצע. Fine. The shatz integrates it into the middle bracha. Mai omer. What's the text for this vidui? Amar Rav

אתה יודע רזי עולם ותעלומות סתרי כל חי אתה חופש כל חדרי בטן ובוחן כליות ולב

etc. U-Shmuel omer mimama'akei haleiv. I don't know whether we have that. Rashi says it was a tefilla. I don't know if we know what that tefilla consisted of. Levi omer, this is quite interesting, Levi omer what you say is... And bisfarcha kasuv leimor. What's dot dot dot? Rashi says we quote the pasuk from Acharei Mos of

כי ביום הזה יכפר עליכם לטהר אתכם מכל חטאתיכם לפני ה' תטהרו.

That's what the vidui is. Ubisfarcha kasuv leimor. Rabbi Yochanan amar Ribono shel Olamim. What Ribono shel Olamim? Take a look at Rashi, so this we do know: כי לא על צדקותינו אנחנו מפילים תחנונינו לפניך. Rabbi Yehuda amar כי עוונותינו רבו מלמנות, right, they're too numerous to be counted, vechatoseinu atzmu misaper and our sins are so so great we can't even mention them all. Rav Hamnuna amar אלוקי עד שלא נוצרתי איני כדאי ועכשיו שנוצרתי. Again we know this from the Machzor.

עכשיו שנוצרתי כאילו לא נוצרתי. עפר אני בחיי קל וחומר במיתתי. הריני לפניך ככלי מלא בושה וכלימה. יהי רצון לפניך שלא אחטא ומה שחטאתי מרוק ברחמיך אבל לא על ידי ייסורים.

And hainu and this text which Rav Hamnuna used, which he utilized as his text for vidui on Yom Kippur. היינו וידויה דרב כולי שתא. Rav used to say that all year long. ודרב המנונא זוטא ביומא דכיפורי. Okay. Amar Mar Zutra לא אמרן אלא דלא אמר אבל אנחנו חטאנו. All these other things are, you can use them, aval anachnu chatanu, if a person simply said this three-word phrase, aval anachnu chatanu, tu lo tzarich. That suffices. It doesn't have to be supplemented by anything else. Okay, now here there are a couple of things to understand here. First of all let's begin, we'll go backwards with, as long as you say aval anachnu chatanu that suffices, right? That's what the Gemara says. Aval anachnu chatanu is enough. And the Rambam quotes this as well in Perek Beis of Hilchos Teshuva Halacha Ches. So in Halacha Zayin he says that we're misvade in the chamesh tefillos hayom, we were also misvade in Mincha before. Again the Rambam doesn't have the Tefilla Zaka, he learns like the other p'shat in the Tosefta. Then in Halacha Ches the Rambam says הוידוי שנהגו בו כל ישראל אבל אנחנו חטאנו, right, which is what we say right before our ashamnu. Vehu ikar havidui and this is the essence of vidui. Fine. Okay. What's the problem here? A lot of problems. If you go back to Perek Aleph Halacha Aleph so there when the Rambam says that when you do teshuva there's a mitzvah to be misvade, וידוי זה מצות עשה, so the Rambam says keitzad misvadin. What's a what's an example of vidui? What's the formula for vidui? אנא השם חטאתי עויתי פשעתי לפניך ועשיתי כך וכך, right, so I have sinned unintentionally, I've sinned intentionally, I've sinned rebelliously, אנא השם חטאתי עויתי פשעתי לפניך ועשיתי כך וכך. And then you specify the cheit. והרי נחמתי ובושתי במעשי ולעולם איני חוזר לדבר הזה, and I resolve never ever to repeat these chatoim. And then the Rambam as though in case we wouldn't have noticed the contradiction on our own, so the Rambam underlines it for us in red ink, וזהו עיקרו של וידוי. Uses the same phrase of this is the ikar havidui, this is the essence of vidui. What do you mean וזהו עיקרו של וידוי? This is a much more, tell me two or three lines, but it's much more elaborate. First of all, this not only has aval anachnu chatanu, it has perat hacheit, right, you specify the cheit. Second of all, it has expression of nechamah u'voshah, of regret and shame, and third of all, it also includes a kabbalah l'haba, it also articulates the kabbalah l'haba. So here in Aleph Aleph the Rambam says that all these things are included in vidui and all these things are ikaro shel vidui. Here in Perek Beis Halacha Ches the Rambam says reflecting the Gemara, and in Perek Beis Halacha Ches is not his fault, reflecting the Gemara aval anachnu chatanu is the ikar havidui. That's one question. A second question to think about is that if we look at some of the range of opinions here as to what exactly we say in each tefilla... Some of these viduyim don't even contain a statement of certainly not an explicit statement. Let's say according to Levi. According to Levi we say U-v'torat-cha katuv lemor. Okay, so I guess indirectly there's an implication that we sinned because what we're saying today kapara is forthcoming, but that's a very roundabout way of saying viduy. That's a roundabout way of saying viduy. And certainly the Mah anu mechayeinu, right? The view of Ribon Ha-olamim, who is that, Rabbi Yochanan, right? Of

כי לא על צדקתנו אנחנו מפילים תחנונינו לפניך כי על רחמיך הרבים

that מה אנו מחיינו מחסנו. Again, there isn't really a statement of acknowledgment of cheit. Not explicit, not explicit. It's certainly relevant to a viduy, but it doesn't have the clear unequivocal acknowledgment of cheit, of Aval anachnu chatanu, and yet that can also function as a viduy. So something very, very strange here. Okay, so again, we have these two kashas. One, within the Rambam, what is ikkar shel viduy? Just Aval anachnu chatanu? Or is it the more elaborate

ניחמתי בשתי עשיתי כך וכך לעולם אני חוזר לדבר זה?

And then number two, that some of the formulae for viduy which our Gemara suggests here don't even have an explicit statement acknowledging cheit. Those are the two questions we have. Now the answer, or the key to the answer here, is the opening words of this Tosefta. Tanu Rabanan: Mitzvat viduy. Right? The mitzvat viduy. What do you mean the mitzvat viduy? The mitzvah of teshuva, no? Viduy is part of teshuva. What do you mean the mitzvat viduy? So the Tosefta here is actually hinting, is actually hinting at something very remarkable. And that is: Where does the Rambam derive in Aleph Aleph the fact that you have to be mitvadeh as part of doing teshuva? So the Rambam derives it, again, he's quoting as he says in Sefer Ha-Mitzvot, he's quoting a Sifrei Zuta on a pasuk in Parshas Naso of

והתודו את חטאתם אשר עשו. איש או אשה כי יעשו מכל חטאת האדם למעל מעל בה' והתודו את חטאתם אשר עשו.

And the Sifrei Zuta darshens that this is not only for the specific cheit of gezel ha-ger which is being discussed in that parsha, but it's for any cheit. Be it aseh, be it lo ta'aseh, be it chayvei kritot, be it chayvei korban, be it chayvei mitot, it's for any cheit, והתודו את חטאתם אשר עשו, zeh viduy devarim. So that's one parsha of viduy in the Torah. There's another parsha of viduy in the Torah also. If you take a look in the Gemara earlier in Yoma on דף לו עמוד ב. So we'll take a look first here at the bottom Tanu Rabanan. Take a look at the bottom Tanu Rabanan. Well, we'll take a look first at the top Tanu Rabanan, around six lines from the top here on לו עמוד ב. Tanu Rabanan: Keitzad misvadeh? When the Kohen Gadol used to say on Yom Kippur, he used to say three viduyim. Right? He said one viduy for himself, he said one viduy for himself and the achei ha-kohanim, right? Those were on his par chatat. And then there was the third viduy on the sa'ir which was for all of Klal Yisrael. So he said viduy three times, and in each of the viduyim he said the Shem Ha-Meforash three times. That plus the La-Hashem chatat when he did the goral of the two se'irim, so the Shem Ha-Meforash was said ten times on Yom Kippur. Fine. Okay. So Tanu Rabanan: Keitzad misvadeh? How did the Kohen Gadol, how was he mitvadeh? Here on לו עמוד ב on five six lines down. Tanu Rabanan: Keitzad misvadeh? Aviti, pashati, v'chatati. In what order do we mention the three? So Rabbi Meir says, first avisi, then pashati, and then chatasi. Ve-chen be-Sa'ir Ha-mishtale'ach who says when the Torah says that the refers to the viduy which the Kohen Gadol says with the Sa'ir Ha-mishtale'ach,

והתוודה עליו את כל עוונות בני ישראל ואת כל פשעיהם לכל חטאתם.

So first it mentions viduy, then it mentions pshoim, then it mentions cheit. Ve-chen be-Moshe who says נושא עוון ופשע וחטאה divrei Rabbi Meir. Fine. וחכמים אומרים עונות אלו הזדונות, means intentional sins. וכן הוא אומר הכרת תכרת הנפש ההיא עונה בה and a person obviously is only liable for kareis if he did something be-meizid rachmana litzlan. Pshoim eilu ha-mordim. What's done rebelliously? וכן הוא אומר מלך מואב פשע בי, he rebelled against me. Chatosam eilu ha-shigagos. Cheit implies shogeg. וכן הוא אומר נפש כי תחטא בשגגה. And therefore say Chachamim, how can you say

ומאחר שהתוודה על הזדונות ועל המורדים חוזר ומתוודה על השגגות?

Rather, kach hayah misvadeh: חטאתי עויתי פשעתי לפניך אני וביתי. And Chachamim say, which is how we pasken, that you go min ha-kal el ha-chomer, right? So first you say chatasi which denotes shogeg, then avisi which denotes meizid, then pashati which denotes mered. Fine. Now here too, again in this viduy and the Avodas Ha-Melech raises this question against the Rambam as well, you don't have nichamti, you don't have boshti, you don't have asisi kach ve-kach, you don't have le-olam eini or einenu chozer la-davar zeh. You just have, okay, instead of al anachnu chatonu, so we use two other verbs as well to cover the whole range of sins. But again, it's basically the type of viduy which the Rambam was describing in פרק ב' הלכה ח', correct? Again, the viduy which doesn't have peirush ha-cheit, it doesn't have the specificity, it doesn't have the expressions of nechama u-busha, it doesn't have the kabbalah la-ba. Fine. So what's it all about? Take a look at the next Tanna Rabbanan. Tanna Rabbanan ve-chipper. What pasuk are we darshening? So the Rashi is right alongside the Gemara just a drop beneath it. מה שאמר בפרה וכיפר בעדו ובעד ביתו. Right? The Torah says that the Kohen Gadol, referring to again his par chatas which was offered on Yom HaKippurim, should be mechapper for himself u-ve-ad beiso. וכיפר בעדו ובעד ביתו. So says the Gemara, I think this is a Toras Kohanim in Parshas Acharei Mos, בכפרת דברים הכתוב מדבר. Right? What ordinarily kappara is associated with the zerikas ha-dam on the mizbe'ach, right? Ordinarily when we talk about kappara in connection with a korban, so it refers to throwing the blood on the mizbe'ach. So here say Chazal this ve-chipper is

בכפרת דברים הכתוב מדבר. אתה אומר בכפרת דברים או אינו אלא בכפרת דמים?

Says this refers to kapparas devarim, i.e., viduy, a kappara which is attained through speech, i.e., viduy, או אינו אלא בכפרת דמים, or maybe it refers to throwing the dam on the mizbe'ach? Harei ani dan, I reason as follows: נאמר כאן כפרה ונאמר להלן כפרה. What's the le-halan? Take a look at Rashi. נאמר להלן בשעיר המשתלח. The pasuk says later there in the parsha Acharei Mos with regard to the Sa'ir Ha-mishtale'ach, יעומד חי לפני ה' לכפר עליו. So it's talking about when the sa'ir is still alive. It's speaking about kappara. So the only kappara it can be speaking about there is viduy.

מה כפרה האמורה בשעיר דברים אף כפרה האמורה בפר דברים.

Fine. So what do we want to take away from here? The following: that there are two types of viduy. Two types of viduy. Listen carefully rabbosai. This is I think a very very important yesod in understanding the whole seder ha-tefillah on Yom HaKippurim. There are two types of viduy. The viduy which the Rambam is talking about in פרק א' הלכות תשובה הלכה א' is the viduy which is the ma'aseh ha-mitzvah of teshuvah. It's the viduy again which which verbalizes the inner experience of teshuvah. And therefore it incorporates all the elements of teshuvah. It incorporates the regret, the shame, the resolve not to not to sin again. It's vidui, let's call it the vidui of teshuvah. That's one type of vidui. There's a second type of vidui, let's call it the vidui of kapparah, that when a person is is a candidate for kapparah so he has to be misvadeh. Okay, and that's that's in addition to let's say for instance, let's say lu yitzuyar, right? lu yitzuyar that a person comes into Yom HaKippurim and and says did teshuvah for everything already, right? Right? Been there, seen it, done it, right? Did teshuvah already. I've nothing nothing more to be nothing more to be misvadeh about. So the so independent of the chiyuv to say vidui as part of mitzvas teshuvah, there's a mitzvah to say vidui again of kapparas devarim. The same way again the vidui accompanies the the kapparah which which was brought about by the Kohen Gadol's par chatas, the sair hamishtaleach, so too there's a vidui of kapparah again that when something is going to be mechaper so you again it's it's sort of similar to what the Netziv mentioned before but not the same, you have to be misvadeh. Is that clear rabosai? One chiyuv vidui again that is the vidui of teshuvah. That's when the Rambam says ikaro shel vidui he means the vidui of teshuvah. de-hainu there's a mitzvah to do teshuvah. teshuvah, the mitzvah of teshuvah again basically is balev, right? The regret, the feeling of shame, the resolve, that's all something inward. The Torah says in Parshas Naso that that needs to be verbalized. That's the vidui of teshuvah. It has to encompass all the elements of teshuvah. Therefore we have to express nechamah, bushah, kabbalah l'haba. Now there's a second mitzvah of vidui which is even if right now I'm not doing teshuvah why because I'm foolish enough to think that I already did enough teshuvah before Yom HaKippurim, I don't need to do teshuvah anymore, right? I already did teshuvah, right? You look through the Al Cheit, said it already, right? Said it already. So I already did teshuvah, there is the chiyuv again of kapparas devarim to say the vidui of kapparah. This vidui of kapparah, the ikaro shel vidui of aval anachnu chatanu. Because this isn't the vidui again, this isn't the vidui of teshuvah, he already said the vidui of teshuvah. This is the vidui of kapparah and the makor for this is not from vehisvadu es avonam in Parshas Naso but the makor for this is rather the pesukim here in Acharei Mos of וכיפר בכפרת דברים הכתוב מדבר. So now we had a kasha, wait a minute, when the Kohen Gadol is misvadeh on his par, when he's misvadeh on the sair hamishtaleach, he's missing all the elements of the Rambam's ikaro shel vidui, the Avodas HaMelech kasha. He says

וצריך עיון דהרי בוידוי כהן גדול ביום הכיפורים לא אשכחן שיאמר גם קבלה על להבא וקשה דהרי גם זה הוא מעיקרו של וידוי לדעת רבינו וכן בוידוי יום הכיפורים הרי העתיק רבינו לקמן בפרק ב' הוידוי שנהגו בו כל ישראל אבל אנחנו חטאנו והוא עיקר הוידוי ולא נזכר גם כן קבלה על להבא כלל.

So what's the answer again because there are two different functions, two different types of vidui. There's the vidui of teshuvah again, it's the it's the verbalization of what is otherwise again just purely an experience of teshuvah. That's the vidui of פרק א' הלכה א'. That's not what the Kohen Gadol is doing. The Kohen Gadol can't verbalize anyone else's teshuvah. What when the Kohen Gadol is going to be the Kohen Gadol on his par. Okay, but the chiyuv to say it again with semichas yadayim is only as part of the kapparah process. When the Kohen Gadol is misvadeh as part of teshuvah so ein hachi nami, so then he takeh will say נחמתי ובושתי ואיני חוזר לדבר זה. But the mitzvah of of to be of semichas yadayim and to be misvadeh, so that's the vidui of kapparah. That's the vidui of kapparah. The vidui which we're saying again and again and again on Yom HaKippurim is that chiyuv is again above and beyond in addition to the vidui of teshuvah we have to say this vidui of kapparah. What do you mean, mitzvas viduy? It's, viduy is simply the, the externalization of mitzvas teshuvah. What do you mean mitzvas viduy? The answer is no, what this Tosefta is describing isn't the viduy of teshuvah. It's not discussing that, it's not defining that. That's why the one view is aval anachnu chatanu is the ikar of the viduy. And other views don't even have explicit statement of chet because again, this isn't the viduy of teshuvah, it's the viduy of kapparah. We're going to elaborate that, that soon bli neder. Question one: So you're saying the viduy of kapparah is exclusive to Yom Kippur? No, I don't know if it's exclusive to Yom Kippur, it could be that the viduy let's say when you bring a chatas or a olah might also simply just be the viduy of kapparah. I don't know that you have to be mekabel leha'ba when you say that viduy either. And this viduy of kapparah is sufficient without the viduy of teshuvah? No, no, and I'm not saying that it's sufficient, we're saying that on the contrary, it's an independent and additional chiyuv. Again, even if a person will say, a person will say on Yom Kippur, I've been a sephardi and I certainly shafchti and I said boshiti and I said ולעולם איני חוזר לדבר זה and I meant it and I've been saying it let's say someone from, someone who's a sephardi, I've been saying it since Rosh Chodesh Elul. I don't need to say it anymore, there's an additional chiyuv of viduy shel kapparah on Yom HaKippurim. We're going to soon elaborate what, what the idea is, what the idea is. Now, perhaps further proof that this exists, that there's a special inyan of viduy on Yom, meaning what we're suggesting is that when you're misvadeh on Yom HaKippurim, it's not simply the viduy of teshuvah that you could say all year long, while on Yom Kippur, what's the business of the day? The order of the day is doing teshuvah, so that's why we're being misvadeh, well that's true, but there's another mechayev for viduy as well, that on Yom HaKippurim you have to say this other type of viduy which is the viduy of kapparah. Now, take a look please on פו עמוד ב. Let's go back one page to פו עמוד ב where there's a tano rabonon, just let your eye roam from the bottom of the page going up, you'll see the tano rabonon, I don't know, twenty, twenty-two lines from the bottom, in the middle, right after a parenthesis, there's a

עבירה שהתודה עליה יום הכיפורים זה לא יתודה עליה יום הכיפורים אחר.

Do you see it, rabosai? On

פו עמוד ב. עבירה שהתודה עליה יום הכיפורים זה לא יתודה עליה יום הכיפורים אחר.

Let's say I know there's a certain chet which I haven't done this past year, but in previous years I was nichshal rachmana litzlan. So, so the tana kamma says that you shouldn't be misvadeh again. אם שנה בהן צריך להתוודות יום הכיפורים אחר. If rachmana litzlan a person repeated the aveira again within this past year, he has to be misvadeh. However, lo shana bahen, if a person hasn't repeated the chet v'chozar v'hisvada aleihen, and he repeats the viduy, alav hakosuv omer, this is what the posuk in Mishlei has in mind when it gives the following mashal: ככלב שב על קיאו כסיל שונה באולתו. The same way a dog will go back and eat and ingest again that which it vomited, so too a kesil, a fool, is shoneh, he repeats, be'ivalto, he repeats his foolishness, right? So that's the mashal which according to the tana kamma is given to describe one who even though he hasn't sinned in this fashion since he was already misvadeh and already had done teshuvah, he shouldn't say it again. רבי אליעזר בן יעקב אומר כל שכן שהוא משובח. He says no, he says aderaba, even if a person knows that boruch Hashem he hasn't been nichshal again over the course of the past year, he should say viduy again, shene'emar, the posuk from the kapittel in Tehillim which describes Dovid HaMelech's teshuvah on with the chet with BasSheva: כי פשעי אני אדע וחטאתי נגדי תמיד. That I know my sins and my sin always in front of my eyes, meaning even though I was misvadeh once, I'm constantly, constantly aware, constantly misvadeh. Good. Fine. And we pasken like רבי אליעזר בן יעקב again as the lamed dalet indicates, we pasken like רבי אליעזר בן יעקב. Fine. Now listen to how the Rambam quotes this. The Rambam quotes it in that same halacha in Perek Beis Hilchos Teshuvah Halacha Ches that

עבירות שהתוודה עליהם ביום הכיפורים זה חוזר ומתוודה עליהם ביום הכיפורים אחר אף על פי שהוא עומד בתשובתו,

even though a person hasn't regressed, baruch Hashem, he hasn't regressed in his teshuvah, but nevertheless עבירות שהתוודה עליהם ביום הכיפורים זה, averos which he was misvadeh on in one Yom Kippur, he can be misvadeh on again. So the Rambam apparently learned pshat that it's davka on Yom HaKippurim that this is appropriate. The inyan of being misvadeh again even though a person has already done teshuvah and is omed b'teshuvah, so the Rambam says that that's davka appropriate for the vidui of Yom HaKippurim. Why limit it to Yom HaKippurim? There's no indication in the pasuk of that. The pasuk which is the prooftext of כי פשעי אני אדע וחטאתי נגדי תמיד is not limited to Yom HaKippurim, and yet again the Rambam takes his cue from the Tosefta itself. עבירות שהתוודה עליהם ביום הכיפורים זה, why not say a person is fasting Behab? So עבירות שהתוודה עליהם בעבר is יכול להתוודות עליהם גם עכשיו in this seder taniyos of Behab. So the mashmaos in the Rambam again taking his cue from the Tosefta is that in terms of this mitzvas vidui of Yom HaKippurim, the second type of vidui, this vidui of kapparah, so there it's appropriate again to repeat the viduyim from past years. There it's appropriate. Why? Because what's this idea again of this second type of vidui? What the first type of vidui is we understand. The Torah said that mitzvas teshuvah shouldn't only be obviously it has to be baleiv, but it should also be verbalized, also be verbalized. Why? I don't know, maybe it's the same way the Torah says that even tefillah as Rav Chaim Volozhiner points out in Nefesh HaChaim, which is avodah she'baleiv, has to be verbalized. That we say you can't just be meharher tefillah, you can't just think Hashem sefasai tiftach, you can't just think ברוך אתה ה' מגן אברהם, but you actually have to say it. That the Torah wants that everything again should be to the extent that it can should be concretized. And even something which is ikaro baleiv, what's more baleiv says Rav Chaim Volozhiner than avodah she'baleiv, even that has to be concretized. Maybe that's what the vidui number one, the vidui of teshuvah is all about, but either way what that vidui represents again is articulating, verbalizing the teshuvah. What's the vidui of kapparah all about? What's the vidui of kapparah all about? And why is it that לא בצדקותינו אנחנו מפילים תחנונינו לפניך is an appropriate text for that vidui? So apparently the vidui of kapparah means that a person has to recognize his own shiflus in order to be granted kapparah. And that's what the role of vidui of kapparah is. The role of vidui of kapparah is that without acknowledging shiflus ha'adam, a person can't be granted kapparah. And that's what the emphasis, that doesn't require, that doesn't require mentioning all elements of teshuvah, that doesn't require anything elaborate, aval anachnu chatanu is enough, conversely not even a direct statement of cheit, but even something like Ma'onu m'chayeinu is an appropriate statement. And if you take a look, if you take a look, this is also a central theme in our piyut on Yom HaKippurim in we have the piyut with the stanzas alternate asher eimasecha and va'avisis tehilah, right? Asher eimasecha describes the malachim, that HaKadosh Baruch Hu you instill fear and awe even in the holy malachim, and nevertheless v'avisos sehiloh you desire praise from us. Who are we? So each of the descriptions are just statements of shiflus ha'odom, right? miglumei gush, from clumps of earth, migorei gei, from those who live in the valley, probably having the association of gei tzalmoves, right? From mortal man, midulei po'al, like dal, poor, from people who are poor in their actions. Again, מדלי מעש ותהי תהלתך. And again, אשר אימתך בהמון מלאכים. And again, v'avisos sehiloh and you want tehila again mizeev shomneh, from man whose countenance changes, right? mizohar koveh, his splendor becomes extinguished. mechaserei sechel, he lacks understanding. mechoshei resha, he plows iniquity, v'hi sehilasecha. And continuing like that, right? v'avisos sehiloh miksumei shemetz, from those who are stained with sin, etc. So what are all these? They're statements of shiflus ha'odom, right? Statements of very powerful and sobering statements. And the longest stanza is

מבשר ודם מהבל ותוהו מחצי יבש מצל עובר מציץ נובל,

etc. Statements of shiflus ha'odom, because in order to be a candidate for kappara, so a person has to recognize that. But there's a flip side to it also. And that is, and with this we'll end, my father, zichrono livracha, used to comment that the two main themes which we have in the machzor Yom Kippurim is, on the one hand, viduy, right? On the other hand, shira. The type of shira that we say on Yom Kippurim and the beautiful, beautiful piyut is unparalleled even on Rosh Hashana. Even on Rosh Hashana we don't have the same volume, the same degree of shira. So that seems to be two opposing things, right? The answer is that again, the ability to say shira, which is a reflection of man's greatness, so the secret is that man's greatness can only result if he initially recognizes the shiflus ha'odom. A person recognizes shiflus ha'odom, the lowliness of man, so then through that recognition, he can then attain great heights. He can sing shira to the Ribono Shel Olam and gadlos ha'odom can emerge as well. But it has to begin with, he has to recognize that v'avisos sehiloh is miglumei gush, migorei gei, but then with that recognition of shiflus ha'odom and making himself worthy of kappara, so then he can realize the potential for greatness as well, the v'techasreihu me'at me'elohim, of singing all the beautiful shira of imru lelohim, ma'aseh elokeinu, etc. Okay, א גוט יום טוב, a gut yohr.