Hilchos teshuva 10

I think we were we were learning Perek Beis, Halacha Daled.

מדרגות התשובה להיות השב צועק תמיד לפני השם בתפילה ובתחנונים ועושה צדקה כפי כוחו.

So the the idiom of ose tzedaka is is interesting. And if if you look in Hilchos Mattnos Aniyim, the Rambam says that talks about what we would expect, loses tzedaka. So why is it here as ose tzedaka? So maybe there are some dinim within Hilchos Tzedaka that wouldn't be encapsulated within the phrase loses tzedaka, but the broader la'asos does capture them. So for instance the Rambam quotes the din in Hilchos Mattnos Aniyim of די מחסורו אשר יחסר לו. That the mitzvas tzedaka is to provide the ani with whatever he needs and for instance amongst that is that masi'in lo isha if it's a man or masi'in osa l'ish if if it's a woman.

לפי מה שחסר העני אתה מצווה לתת לו. אם לו אשה משיאין אותו אשה, ואם היתה אשה משיאין אותה לאיש.

That's one din of tzedaka which isn't the which wouldn't be captured necessarily by loses tzedaka. Then a second din:

שאל העני ממך ואין בידך כלום לתת לו פייסהו בדברים.

And it's clear the Rambam quotes this din in Hilchos Tzedaka so it's not just well you can't be mekayem mitzvas tzedaka so so there are other operative principles here that dictate that a person should be sensitive to the ani. No, the mashma'us in the Rambam from the fact that it's here in Hilchos Tzedaka is that it's a part of mitzvas tzedaka that the same way it's a part of mitzvas tzedaka the attitude with which a person gives the money, that he should give it in a way that as much as possible preserves and upholds the dignity of the ani, so so too that aspect of the mitzvah is operative even if a person is not in a position to to give the money. So that also lichora yitachen would be within the broader expression of la'asos tzedaka rather than loses tzedaka, and the third din that you have here where's the Rambam quote it? Sorry, one second. The Rambam quotes from Gemara Bava Basra the the din of גדול המעשה יותר מן העושה. Sorry, I'm not... I don't remember where this is now... of גדול המעשה יותר מן העושה. That that one who is able to serve as a catalyst to collect money from others that his chelek is greater in the mitzvah is greater than the one who actually gives the money. גדול המעשה יותר מן העושה. So yitachen that those three dinim are all bechlal עושה צדקה כפי כחו, not simply לעשות צדקה כפי כחו. Okay, we're going to skip Halacha Hei. Again, the Rambam's quoting from a Gemara in Yoma. I don't really have a handle on it, so we're going to skip Halacha Hei. Maybe we'll come back to it bli neder, I'm not sure. Halacha Vav:

אף על פי שהתשובה והצעקה יפה לעולם בעשרה הימים שבין ראש השנה ויום הכפורים היא יפה ביותר ומיד היא מתקבלת שנאמר דרשו ה' בהמצאו קראוהו בהיותו קרוב.

Bameh devarim amurim that sort of this guarantee is limited to aseres yemei teshuvah? Beyachid.

אבל בציבור כל זמן שעושין תשובה וצועקין בלב שלם הם נענין שנאמר כה' אלהינו בכל קראנו אליו.

Right?

ומי גוי גדול אשר לו אלהים קרובים אליו כה' אלהינו בכל קראנו אליו.

So what does it mean? What's the the figurative expression of elohim krovim eilav that Hakadosh Baruch Hu is close? Hakadosh Baruch Hu is close in the sense that let's say someone's distant, so even if he's going to help you, it's going to take a while till he gets there, till he arrives on the scene to be able to help you. But if someone is standing right at your elbow and you ask that individual for help, so then he's able to provide the help right away. Now the mashma'us in the Rambam here is that, again, the mashma'us in the Rambam here is that the difference that he's presenting, again, this is based on the Gemara Rosh Hashanah where the Gemara juxtaposes the two psukim of dirshu Hashem behimtzo. The pasuk of dirshu Hashem behimtzo again suggests that there's a particular zman of behimtzo. The pasuk of כה' אלהינו בכל קראנו אליו doesn't is not similarly limited. And the Gemara says הא ביחיד הא בציבור. So at first glance, the only point of difference is the time factor. But when you look in the Rambam, lichora, it's clear that there's another difference here as well between yachid and tzibur. Notice how the Rambam changes the lashon. In the reisha of the halacha, by the yachid, he speaks of miskabeles. And in the seifa of the halacha, he speaks of na'anin. Right? A different verb. If the only difference, again, is that the yachid has this, as it were, special access or guarantee only on aseres yemei teshuvah, but the tzibur has it 365 24/7, so then the Rambam should have had the same, the same verb. So it's clear that na'anin is a verb associated with tefillah. Teshuvah isn't na'aneis. Right? You don't say that... that Hakadosh Baruch Hu is oneh tefillah, is oneh tza'akah. So the peshatus is that the Rambam is telling us agam that teshuvah is an indispensable condition, but the koach of the tzibur is a koach of tefillah. Again, not that the tefillah in this context stands alone, that it functions independently of the teshuvah, but it's clear from the fact that the Rambam says the lashon na'anin and then when you think about it, that's the pasuk, right?

כי מי גוי גדול אשר לו אלהים קרבים אליו כה' אלהינו בכל קראנו אליו.

The pasuk is talking about the koach of tefillas harabbim. Ma she'ein ken now mitkabbeles, lichora you can certainly speak of tefillah being mitkabbeles, but obviously here in context, if the Rambam meant tefillah, he would've stuck with the same verb. Mitkabbeles is also something that you would associate with teshuvah. ימינך פשוטה לקבל שבים. That's, say, the Rambam has that idiom at the end of perek gimmel.

כל הרשעים והפושעים והמשומדים וכיוצא בהן שחזרו בתשובה מקבלין אותן.

So kabbalah is a verb that's associated again in a different context. Without the contrast to the seifa, you wouldn't have necessarily had a diyuk, but with the contrast to the seifa, so then lichora it's clear that even though both the yachid and the tzibur have this combination of teshuvah and tefillah, the koach of the tzibur is the koach of tefillah, the koach of the yachid is a koach of teshuvah. The yachid has to be mispallel that the teshuvah should be mitkabbeles. The tzibur has to do teshuvah to approach Hakadosh Baruch Hu with a certain taharah. But the yachid is a koach hateshuvah and the rabbim is a koach hatefillah. And and that that's the case is again there's support for part of that diyuk. Again if you reread the reisha of the halakha, אף על פי שהתשובה והצעקה יפה לעולם. So seemingly, not seemingly, I mean actually, so it's a compound subject, right? Teshuvah and tza'akah. So lichora the hemshech hahalakha should have been בעשרת ימי תשובה שבין ראש השנה ויום הכיפורים, it should have been hen yafos beyoter, right? If you're referring back to teshuvah and tza'akah, so then you're referring to a lashon rabbim. So it should have been hen yafos beyoter. And yet the Rambam writes hi yafah beyoter. No, so hen hen hadvarim that the koach of the yachid is a koach of teshuvah, is a koach of teshuvah. And and that why the Rambam says agam that you need the tza'akah to accompany the teshuvah, but it's a koach of teshuvah. It's a koach of teshuvah and and that's why he switches to the lashon yachid of hi yafah beyoter. What does the Rambam mean when he says that miyad hi mitkabbeles? So I think and I didn't double check this recently but but please do. I think in the back of the Frankel in the sefer hamaftechot, I think there's a mareh makom to the shmuzen of Rav Aharon Kotler, to Mishnas Aharon, where he understood this phrase miyad hi mitkabbeles to to be saying a chiddush atzum. What do you mean miyad hi mitkabbeles? At the end of perek aleph, we learned about the chillukei kapparah. Okay, so a mitzvas aseh, avaryah long, אינו זז משם עד שמוחל לו. A mitzvas lo ta'aseh, it's not, you have to wait until Yom Kippur. So aseret yemei teshuvah is not miyad, pretty soon, you don't have to wait too long, but it's not mamash miyad. And and certainly for chamurot, it's not miyad at all. Rav Aharon Kotler I think suggests that the Rambam holds teshuva alone suffices for all, all of this that you don't have the chilukei kapara. Wow. Halacha Zayin.

יום הכפורים הוא זמן תשובה לכל ליחיד ולרבים והוא קץ מחילה וסליחה לישראל לפיכך חייבין הכל לעשות תשובה ולהתודות ביום הכפורים.

So the lashon of the Rambam layachid ulerabbim reflects the the idea that that we quoted from the Rav in back in Halacha Beis in Perek Aleph about the sa'ir hamishtaleach לפי שהוא כפרה לכל ישראל. How the rabbim is not simply the a massive collection of yechidim. Otherwise, if Yom Hakippurim is a zeman teshuva for every yachid, then obviously it's a zeman teshuva for the rabbim. No, so the rabbim have again a collective identity. It's not again, it doesn't just refer to the shorthand for for all yechidim, but there's a collective identity. What, what's the לפיכך חייבין הכל לעשות תשובה? Now, it's true Yom Hakippurim is zeman teshuva, but so is so are all the aseres yemei teshuva. But then in addition that you have Yom Hakippurim is קץ מחילה וסליחה לישראל meaning Rosh Hashanah is universal. Rosh Hashanah is וכל באי עולם עוברים לפניו כבני מרון and Yom Hakippurim is is only is only leyisrael. But what's the chayavin hakol? So the pshat is, I think we spoke about this in the Shaarei Teshuva shiurim, that the Rambam's chiyuv teshuva, again, whether it's chiyuv teshuva later where he rules in Perek Vav of the הראוי לו לחזור בתשובה, and there's Perek Aleph וידוי זה מצות עשה, so so the Rambam there didn't tell us what the timeframe is. What, what's the timeframe for for being mkayem the mitzvah? The pshat is that's what the Rambam means here. Heyos that Hakadosh Baruch Hu says that on Yom Hakippurim it's the keitz mechila uselicha. This is the time when, when the melech is יושב על כסא רחמים to be mocheil vesoleiach. So that becomes the deadline for teshuva for the aveiros of the past year. And in that sense agam that the Rambam speaks of חייבין לעשות תשובה ביום הכפורים and the Rabbeinu Yonah does as well, they mean very different things. Rabbeinu Yonah has an additional mitzvas teshuva. Rabbeinu Yonah the shittaso as we saw, he holds the chiyuv teshuva is miyad, as soon as there's yedias hachet, so a person has chiyuv teshuva. So for him, when he speaks about a special chiyuv teshuva on Yom Hakippurim, it means that above and beyond the mitzvas teshuva of all year long, there's there's a special additional mitzvah on on Yom Hakippurim, and he says it twice. Right, and he says that's the pshat in lifnei Hashem titharu mikol avonoseichem

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

The mikol chatoseichem doesn't doesn't link up with כי ביום הזה יכפר עליכם because Yom Hakippurim is not fully mechaper on on all avonos. It's not fully mechaper on chamuros. So what's the mikol chatoseichem? mikol chatoseichem links up with the seifa of lifnei Hashem titharu that it's a... That's what the posuk is telling us. What's the difference between that mitzvah's teshuvah of Yom Kippurim and mitzvah's teshuvah all year? So Rabbeinu Yonah, it's not just that there's two ess's on Yom Kippurim and one ess all year long, but all year long the mechayuv of teshuvah is yedias hacheit. When I become aware of cheit, that's mechayuv in teshuvah. There's no chiyuv necessarily, there's no chiyuv for a person for nichpesa deracheinu venachkora, there's no chiyuv for a person to look for cheit. To see maybe I was remiss in this bein adam lechavero, maybe I was remiss in this bein adam lamakom, maybe maybe this מדה בין אדם לעצמו. There's no chiyuv to look to uncover cheit of which I'm unaware. If I'm aware of cheit, so then the yedias hacheit is mechayuv in teshuvah all year long. And on Yom Kippurim, no, there's a chiyuv to proactively search out cheit. Yitachen that that's, how do you see that in the words? How do you see that in the words? That that's the difference between the mitzvah's teshuvah on Yom Kippurim and all year long? So yitachen as follows: When you say that there's a chiyuv teshuvah, okay, so chiyuv teshuvah can be compartmentalized. Taharah is an all or nothing, right? A person is tamei meis, so well, I don't really care if my elbow remains tamei meis, so when I go into the mikvah, it's okay if I leave my elbow out of the water. No, either the person is metaher atzmo or he's not metaher atzmo. There's no taharah lachatza'in, right? It's a derabbanan hamtza'ah that there's such a thing as tumas yadayim, but mide'oraisa, there's no such thing as part of a person's body being tamei. A person is either tamei or a person is tahor. So lifnei Hashem tit'haru says, if it would have said lifnei Hashem tashuvu, hachinami, so then maybe I would have thought that it's just a kefel ha'aseh. But lifnei Hashem tit'haru means no, you should be tahor. To be tahor, so then that means that I have to do teshuvah not only for chata'im of which I'm already aware, but I also need to uncover those which I'm in a position to uncover. If a person can't uncover, he can't uncover. שגיאות מי יבין שגיאות מי יבין מנסתרות נקני Dovid Hamelech asks. But the lifnei Hashem tit'haru means that the chiyuv teshuvah is even for that to which of which a person is unaware, but he is in a position to discover. So they both speak of chiyuv teshuvah on Yom Kippurim, but they mean very different things by it. For the Rambam, it's the deadline for mitzvah's teshuvah all year long. Rabbeinu Yonah obviously doesn't mean that because he holds that the chiyuv is always, the chiyuv is immediate when there is yedias hacheit. For Rabbeinu Yonah, the chiyuv is to look, to make the cheshbon hanefesh. According to the Rambam, I can't do teshuvah on something that happened post the kippur, that happened before? No, I think you can, but let's say משל מה הדבר דומה: if the father wasn't mal the son by yom hashemini, he can still be mal him by yom hatshii, but it's not just that he's losing out on zerizim makdimim, there's an element of bittul by not having been mal the son by yom hashemini. Okay, bedieved if he wasn't mal by yom hashemini, agam that there was an element of bittul, he should be mal by yom hatshii. So it would be something analogous. מצות וידוי יום הכפורים שישכיל מערב היום קודם שיאכל. Again, this is all from the braisa in at the end of... the masechet yoma. This of course is the source for the fact that we say viduy in tefillas mincha erev yom hakippurim שמא יחנק בסעודה קודם שיתוודה. So the Gemara says שמא יארע דבר תקלה, maybe a mishap, lest a mishap occur. The Gemara doesn't specify what that takalah is. I think Rashi says maybe yishtaker. That a person doesn't get drunk on erev yom hakippurim so offhandedly, what it means is their I think their primary beverage was wine and it wasn't for us. You know, for a person gets drunk he has to more or less be looking to get drunk. But if that's anous, so we're told you know make sure you have eight cups of water a day, certainly erev yom hakippurim you want to have eight cups of water. I don't know you have eight cups of wine. It's not so far fetched that shema yishtaker. But the Rambam didn't understand it as davar takalah that way. He says shema yechaneik. The sha'alah in the Rambam obviously is I don't know me'heicha tasei that we should be concerned for what presumably is a rather remote hashash. Again, Rashi, the way we're understanding it, maybe it's not so remote. Again, they obviously had a better capacity for drinking wine than we do. But אף על פי כן, maybe it's I don't know. Rashi you don't necessarily go headfirst into the kasha. What about according to the Rambam, me'heicha tasei? I don't know. We'll leave it for now, maybe we'll come back to it in a minute.

ואף על פי שהתוודה קודם שאכל חוזר ומתוודה בליל יום הכיפורים ערבית וחוזר ומתוודה בשחרית במוסף במנחה בנעילה. והיכן מתוודה יחיד אחר תפילתו ושליח ציבור באמצע תפילתו בברכה רביעית.

The lashon haberaisa is that

אף על פי שהתוודה קודם שאכל חוזר ומתוודה עם חשיכה.

So the Rambam apparently understood pshat im chasheicha meaning when it's night with tefillas arvis. There is a the Ramban understood that im chasheicha means right sort of synchronized with shkiyah. More or less the time when we have the minhag to say tefillas zakah. And what the beraisa means is that in addition to the ten viduyim over the five tefillos of yom hakippurim, there's an additional חיוב וידוי עם חשיכה. The Shelah HaKodesh has like that also. In the Rav's minyan they used to say all the al cheits and not just rely on tefillas zakah. There is viduy in tefillas zakah. There certainly is viduy in tefillas zakah. What's the pshat? I think the Rav used to say that the pshat is that one should attempt to let the entire day of yom hakippurim one be in a state of taharah. So if the viduy is im chasheicha, so then one enters yom hakippurim already, again, avodas hateshuvah is never done, but one enters on a certain In a certain sense, on a certain level, one already enters with a degree of tahara. But the Rambam didn't understand it that way. The Rambam understood that im chasheicha means tefillas arvis because the beraisa doesn't mention tefillas arvis. So according to the Ramban it's understood that in the first tefillas hayom it's mispallel. And for the Rambam no, im chasheicha refers to tefillas arvis. הוידוי שנהגו בו כל ישראל aval anachnu chatanu vehu ikar haviduy. So this also is from the gemara in Yoma, I think it's the meimra of Shmuel, that one of the Amora'im was sitting and then when the shliach tzibbur got up to aval anachnu chatanu he stood up for that. So shma mina that that's ikar viduy because viduy is supposed to be me'umad. So shma mina from the fact that he was makpid to stand up for the aval anachnu chatanu that that's the ikar viduy. The Avodas HaMelech, the Menachem Korkowski, asked the kashya, so how do you square this Rambam with the Rambam in Perek Aleph, where the Rambam says that again and the Rambam uses the identical phrase of ikar viduy, there there's much more, there's perut hachet, nechamti u'boshti. It's not mashma and this is why the Avodas HaMelech asks the kashya. I don't know the Rambam means aval anachnu chatanu again here in this edition they had dot dot dot, I don't know whether the Rambam wrote dot dot dot and then must be it's a modern convention. So it's not mistaber that the Rambam meant aval anachnu chatanu as the shorthand for the entire nusach haviduy that he says in Perek Aleph. Maybe he meant it if it's a shorthand, maybe he meant it as a shorthand for avinu u'pashanu if the Rambam means it as a shorthand. But the pashus is that the Rambam takeh has and in the gemara also the gemara that the Rambam's quoting at the end of Yoma also there's no indication that the ikar haviduy is anything more than aval anachnu chatanu.

אמר מר זוטרא לא אמרן אלא דלא אמר אבל אנחנו חטאנו אבל אמר אנחנו חטאנו תו לא צריך דאמר בר המדורי הוה קאימנא קמיה דשמואל והוה יתיב וכי מטא שליחא דציבורא ואמר אבל אנחנו חטאנו קם מיקם אמר שמע מינה עיקר וידוי האי הוא.

So what do you do with this stira? What do you do with this stira? The emes is when you so let's leave this stira aside for a moment. A kashya that bothered me for many many many years. You know we're misvadeh ten times on Yom Kippur. That's a lot. And we never once say a viduy that fulfills the Rambam's requirements in פרק א הלכה א. How can that be? And the Rambam doesn't have any different way, it's not... Okay, so you can sort of say through the back door we have הרי אני לפניך ככלי מלא בושה וכלימה. We don't have nichamti anywhere. We don't have kabbala l'haba anywhere. So how is that possible? Suppose you walk around with a lulav all day Succos and the lulav is possul. So mah ho'ilu ma'aseinu? So the emes is that you find, let's say the Mishnah in Sanhedrin, it says it based on the pesukim in Sefer Yehoshua when Yehoshua speaks to Achan, tein toda. Yehoshua tells Achan that he should be misvadeh and that way he'll have a cheilek in Olam HaBa, even though he's going to get misa for being mo'el in the cherem. But tein toda to be misvadeh and he'll have a cheilek in Olam HaBa. So what's the nusach haviduy for a goses, a person Rachmana litzlan on his deathbed? So obviously a person can say a longer nusach haviduy, but the nusach haviduy is

תהא מיתתי כפרה על כל עוונותי. תהא מיתתי כפרה על כל עוונותי.

So that doesn't conform to the Rambam's nusach haviduy either. So ella mai, it's klar, it's klar that a viduy b'sha'as misa, what's he going to say? That איני חוזר ודובק בזה עוד? Obviously that's not relevant to a viduy b'sha'as misa. What's more, when a person is in mid-life, I don't mean mid-life, you know, he's 40 years old and ימי שנותינו בהם שבעים שנה. But a person means that some life's still in front of him, it's not all behind him. But when a person is mid-life, so then yitachen that the teshuvah he's doing, again conceptually, is for aveiros pratios. When a person does teshuvah b'yom misaso, so clearly it's a teshuvah kelalis. It's not in b'yom misaso a person needs to settle all accounts. The teshuvah that a person does at that point is not a teshuvah of aveiros pratios, but it's a teshuvah hamakifa, it's a teshuvah hakelalis. And yitachen when the Rambam tells us what the nusach haviduy is in פרק א הלכה א, he's talking about again a teshuvah which is not, a teshuvah which is mid-life. Mid-life. That teshuvah is al pi din always, even if I'm doing teshuvah for every cheilek and thing, but al pi din the teshuvah is a teshuvah for aveiros pratios. Maybe there's a hundred of them, but al pi din it's one by one. Ma she'ein kein בסוף ימיו של אדם, the teshuvah is a teshuvah hakelalis. They tell a maiseh that someone who was mekurev to Reb Chaim Brisker was present, that there was an individual on his deathbed, Rachmana litzlan, and in a very heartfelt, really heart-wrenching way, for whatever wrongs he had done, he felt he had done... He said, you know, mitoch bechi with tremendous anguish, איך בין טרייף און מיין נשמה איז טרייף. I'm treif and my neshama is treif. And then he was niftar shortly thereafter. The person was very shaken by by this experience that he had witnessed and he went and he told Rav Chaim what he saw. And Rav Chaim said, you saw emes'e teshuva. It's a teshuva hacholalis. It's a teshuva hacholalis. A teshuva hacholalis, there's no asisi kach v'kach, you don't need pirute hachet. And avada there's no inyan of לעולם איני חוזר לדבר זה and even venichamti uvoshti, that's not self-understood and that's stipulated, again, for when the teshuva is a teshuva in mid-life. But so maybe the vort is like this. בראש השנה יכתבון וביום צום כיפור יחתמון. So what Hakadosh Baruch Hu paskens on Rosh Hashanah and Yom Kippur is for the next year. And Hakadosh Baruch Hu is not not paskening for the next five, ten, twenty years. He's paskening for the next year. Which means that when a person on Yom Kippur is standing, al pi din, and and this is supposed to be our attitude. משל למה הדבר דומה you rent an apartment and the landlord says, you know, my shita is I only give one-year leases. I never give a lease for more than one year. So your lease is up, Yom Kippur is the last day of the lease. Now, often, often, usually, I I do agree to renew the lease, but you should know, it's not understood. It's not understood. I give leases for one year, never never long-term lease. The last day of the lease is Yom Kippur. So what happens if it's late in the afternoon on on Yom Kippur? So the tenant doesn't know. Right now he hasn't received a new lease yet that he knows of from the landlord. For all he knows, he's going to be evicted in three hours. He has a safek whether or not he's going to get a... but there's a tzad that not just the tzad, if anything, sort of in a certain sense the, you know, until he gets the lease, that's the default position, that's the default setting. The viduy of Yom Kippur is the viduy of shas misa. And and maybe that's the answer to to this stira that the Avodas Panim points out. And that mimaila would explain I would say that tefillah we asked. How can it be that we're misvadeh time and time again and never once do we conform with the Rambam's requirement פרק א הלכה א. Teiretz, it's not referring to Yom Kippur. And that's guf what the Rambam is telling us, the ikkar viduy of Yom Kippur, it's a different viduy. It's a different viduy.