Wednesday, September 28, 2016

Hilchos Teshuva (1:1-4) - Constructive Confessions

~Thoughts on Mishna Torah~
Hilchos Teshuva – 1st Perek
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Constructive Confessions

Co-authored by: Yehuda Feinberg and Daniel Listhaus

The Rambam[1] begins in the first halacha on Teshuva by describing the element of vidoy - confession – as being essential to the teshuva process. Interestingly, despite it being a fact that “there is no person who does not sin”, the Rambam prefaces this first halacha with the language "If a person will sin…” and later concludes, "When a person will do teshuva…” offering a perspective of how our approach should be to viewing others. At any given point an individual is not assumed to have sinned and even the ones who do have the inherent potential to do a complete teshuva.

The Rambam continues and writes that vidoy is in fact a mitzvas aseh (positive commandment)[2]and that there it has its own construction.

1.      Vidoy requires a verbal confession of one’s sins with regret and embarrassment
2.      Vidoy contains a promise to stay away from the confessed sins in the future

Not only does a person generally express that they sinned, but they also say they transgressed and committed iniquity before "You Hashem" by doing x, y and z. The different categories of aveiros mirror those that we include in shemoneh esreh in the beracha of Selach lanu, where we say "Selach lanu avinu ki chatanu. mechal lanuh avinu ki fashanu" – referring to sins we committed intentionally or unintentionally, knowingly or unknowingly. 

The Rambam then states, “Whoever confesses profusely and elaborates on these matters is worthy of praise”. By this, the Rambam is teaching two very important lessons. First, the significance of a person who takes the time to actually think about what he has done and understand the specifics of it in order to meaningful approach Hashem with a vidoy and teshuva. Second, the idea that a person who does a sin but uses the opportunity to do a complete teshuva becomes more than just “not a bad person”, but actually a good person worthy of praise.

The Rambam concludes the first halacha by describing that many, if not all, of the punishments and consequences mentioned in the Torah and halacha for various sins, actually require the joint effort of vidoy to fully act as a kaparah (atonement). For example, if a person is obligated to bring a karban chadas (sin offering), or is chayav malkus (lashes), or even one who owes payment, the offering, punishment, or payback alone will not suffice for a proper teshuva. The person must do vidoy along with the donation of his sacrifice for the teshuva to be a proper and complete teshuva.

In fact, even when it comes to capital punishment, such as the case of a rotzeach (a murderer) is chayav meesah, vidoy is fundamental to the kaparah before his death by beis din in order for the meesah (death) to be a proper one. Imagine the person who does not do vidoy and gets put to death, it is almost like a wasted death because the teshuva and atonement is incomplete. 

In his second halacha, the Rambam details the role that vidoy takes in enhancing even the most powerful tools we have as kaparos. For example, the mishnayos and gemara[3] discuss The famous two goats - one la'Hashem and the other la'Azazel – which were chosen by lottery on Yom Kippur. The goat la'Hashem was brought as a karban, and the goat la'Azazel was thrown off a cliff as an atonement for all of K'lal Yisroel. Indeed, this gift from Hashem would atone for all the sins of K'lal Yisroel, big and small. However, as the Rambam qualifies, if a person does not repent for their sins the goat cannot atone for the more severe sins a person has committed, only the lesser severe ones.[4]

The Rambam reminds us in his third halacha that unfortunately in our times we live without a Beis Ha’Mikdash and mizbe’ach. We do not have the merits that karbanos would offer to assist achieving atonement. However, we do have teshuva! Even a person who did evil their entire life and then does teshuva will be forgiven! Yom Kippur has the power to clear all those who repent properly. However, there are different levels of teshuva hence the different levels of the kaparah or atonement (as the Rambam elaborates in his fourth halacha).

The Rambam's fourth halacha explains the various levels of sins and the corresponding implements necessary to complement the teshuva process. Some sins can be atoned immediately with teshuva, others may take time. Below is a summary of the categories the Rambam lists with their corresponding general process for full atonement:

·         Transgressing a positive mitzvah (excluding ones punishable with kares) – requires just teshuva and then immediately forgiven
·         Transgressing a negative mitzvah (excluding ones punishable by kares or meesah) – requires teshuva and Yom Kippur to attain atonement
·         Transgressing any mitzvah punishable by kares or meesah – requires teshuvah, Yom Kippur, and yisurin (sufferings in this world)

However, the Rambam adds that being able to achieve a full atonement in this world is onlt if there is no Chilul Hashem (desecrating Hashem's Name). However, a person who was involved with a chillul Hashem with these transgressions will not be totaltly atoned until his final death, on condition that he has repenting, Yom Kippur was mechapeir, and received yisurim




[1] Madda: Hilchos Teshuva
[2] Bamidbar 5:6-7
[3] Yoma
[4] The Rambam uses the punishment of kares as the differentiator here between what he terms the lesser and severe mitzvos. However, it is important to understand that these terms are for categorization  purposes only for variances in halacha. Our perspective, though, must be as the Mishna in Pirkei Avos teaches to “treat a light mitzvah like a severe one”.

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