Hilchos Teshuva (2:4) - Back on Track

~Thoughts on Mishna Torah~

Hilchos Teshuva 

Perek 2 : Halacha 4

Back on Track

Co-authored by: Yehuda Feinberg and Daniel Listhaus

מדרכי התשובה להיות השב צועק תמיד לפני השם בבכי ובתחנונים ועושה צדקה כפי כחו ומתרחק הרבה מן הדבר שחטא בו ומשנה שמו כלומר אני אחר ואיני אותו האיש שעשה אותן המעשים ומשנה מעשיו כולן לטובה ולדרך ישרה וגולה ממקומו שגלות מכפרת עון מפני שגורמת לו להכנע ולהיות עניו ושפל רוח:

In this halacha, the Rambam discusses the combination of approaches that people should take in order to stay on the path of genuine teshuva. 

1.      The person should constantly be calling out and crying before Hashem. This is similar to what we recite during tachanun from Dovid HaMelech’s sefer Tehillim which makes reference to soaking his bed in tears. It is of the darchei ha’teshuva to constantly cry out to Hashem out of remorse for sinning and out of realization before Whom one sinned and Whose commandment was transgressed. 

2.      The person should provide tzedaka to the extent that he is able. Indeed this act along with davening, and both during teshuva is what we scream aloud as a congregation annually on Rosh Hashana and Yom Kippur that a person’s engaging with repentance, prayer and charity can effectively remove evil decrees from upon oneself.

3.      Separate oneself far from the object of the sin. This point is an important one, yet one that is very often overlooked. Oftentimes we feel bad about things that we do and we may even resolve in our hearts to never do it again. However, do we make the extra effort to ensure that we are not put in the same position again that might cause us to sin? The mishna in Avos relates from the Anshei K’neses Ha’Gedolah that we are obligated to build fences around the Torah. We are tasked with taking the time to know ourselves and be honest with ourselves regarding how we might act in particular situations. We must then take measures to protect ourselves from the environments which are bound to have a negative impact on us or in the settings in which we are likely to fall.

4.      The person should change his name as if to say “I am a different person and not the one who has previously sinned”. On the surface this line in the Rambam is difficult to understand for two reasons. One, why does changing one’s name help? The person is who he is and was who he was. What significance or real purpose is there in actually changing one’s name? Second, isn’t it better for the person to keep his name and recognize that despite who he may have been in the past, his new efforts of teshuva wipe that completely and now he – the same person with the same name – has the ability to start with a clean slate? Wouldn’t it be more rewarding to keep ones name as a reminder of his enormous accomplishment?

Perhaps the Rambam is advising this as one of the darchei ha’teshuva in order to address a mental challenge which sometimes plagues us as humans when we are faced with opportunities to start new beginnings. Oftentimes, we are faced with opportunities to change but find it difficult to do so because of who we have become used to seeing ourselves as. Therefore, as one of the darchei ha’teshuva, the Rambam mentions changing one’s name to disassociate oneself from his past to make it easier to become someone new.

5.      The person should change his behavior entirely to do good. This suggestion speaks to the point of mitzvah goreres mitzvah – doing going deeds tends to set the ball in motion for further good deeds. The same is true with a person’s own actions. If one sets himself up with positive attitude, confidence and a life of fulfillment then he is much more likely to fill the role of a positive, confident, good person who keeps the Torah and mitzvos. 

6.      The person should go into galus (exile) from his house. When we spend time alone we realize how dependent we really are. Spending time to introspect and be mindful of oneself and one’s own thoughts is a very healthy exercise to humble oneself while simultaneously boosting confidence in oneself with the recognition that Hashem is always there for us and guides us every second of every day. 

Walking along this path and keeping these points as guidelines are likely to enhance one’s teshuva process, make it easier to internalize remorse, and not only create the boundaries to prevent one from falling again, but actually help propel oneself forward in the future. 

Hilchos Teshuva (2:3) - Talk is Cheap

~Thoughts on Mishna Torah~

Hilchos Teshuva

Perek 2 : Halacha 3

Talk is Cheap

Co-authored by: Yehuda Feinberg and Daniel Listhaus

כל המתודה בדברים ולא גמר בלבו לעזוב הרי זה דומה לטובל ושרץ בידו שאין הטבילה מועלת לו עד שישליך השרץ וכן הוא אומר ומודה ועוזב ירוחם וצריך לפרוט את החטא שנאמר אנא חטא העם הזה חטאה גדולה ויעשו להם אלהי זהב:

The Rambam emphasizes that although a verbal confession is required for the teshuva process, it is not an item that is easy to check off the list. The verbal confession must honestly reflect the person’s true feelings. The sinner must resolve within himself to stop continuing the sin(s), otherwise it is compared to a person who tries to become pure by immersing himself in a mikvah (ritual bath), while holding on to a sheretz (literally translated as a lizard – something which contaminates) at the time of immersion. As vital as going to the mikvah is for the process of becoming pure, it is obvious that it cannot work if one is still holding onto the very thing that made him impure. The same is true when we work on purifying ourselves from our sins. We cannon dip in the proverbial mikvah by starting the teshuva process and verbally confessing our sins if we are still holding on to the very aveiros which we are claiming to feel bad about doing. Talk is indeed cheap unless it is backed by a genuineness and motivation to get on the right track. Only when we are ready to throw away the sheretz are we ready to immerse in the mikvah.

Hilchos Teshuva (2:2) - One Step at a Time

~Thoughts on Mishna Torah~

Hilchos Teshuva

Perek 2 : Halacha 2

One Step at a Time

Co-authored by: Yehuda Feinberg and Daniel Listhaus

מה היא התשובה הוא שיעזוב החוטא חטאו ויסירו ממחשבתו ויגמור בלבו שלא יעשהו עוד שנאמר יעזוב רשע דרכו וגו' וכן יתנחם על שעבר שנאמר כי אחרי שובי נחמתי ויעיד עליו יודע תעלומות שלא ישוב לזה החטא לעולם שנאמר ולא נאמר עוד אלהינו למעשה ידינו וגו' וצריך להתודות בשפתיו ולומר עניינות אלו שגמר בלבו

The concept of teshuva of course we know is more than just an apology. In fact, it is more than a sincere, genuine apology. It is an apology consisting of a multi-step process which changes who we are inside and out. Full teshuva is so powerful that it has the capacity to make the past as if it never happened. To some, this idea may seem so large and unconquerable that it is easier to accept the state we have found ourselves in than start the process. It therefore makes sense to zoom-in on the process of teshuva itself and understand what the steps entail. Once broken down, teshuva becomes conquerable.[1]

The first step to teshuva which the Rambam outlines in this halacha in azivas ha’cheit – abandonment of the sins. Certainly, this has to be the first step to the teshuva process, for otherwise the person would be apologizing while still doing the act! Interestingly, the Rambam emphasizes that the removal of sin must be not just in action but in thought as well.

The second stage, which the Rambam seems to join closely with the first one is kabbalah al ha’asid – accepting upon oneself a change of action for the future. Indeed, when one is changing it is not enough to decide to stop doing something, that just creates a vacuum. The person must be prepared to fill the cavity with positive actions moving forward to properly seal off his past.

The third step the Rambam mentions is charata – regret. The sinner must regret what the aveiros he committed through realization that he sinned against Hashem. In order to further demonstrate the fact that the person must fully regret ever committing the sin, the Rambam quotes “After I returned, I regretted”[2].

The fourth stage the Rambam lays forth is viduy – a verbal confession is a necessary part to teshuva. After resolving in the heart the new direction the person decided to take, the person must verbally confess his sins to match his thoughts.

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[1] It is interesting to point out that the Rambam had opened the perek describing the lofty level of teshuva gemurah a(complete, pure repentence) and only now is going back to break down the steps of teshuva. One would have thought it would make sense to first relate the steps and only then describe the way to do them appropriately.

[2] Yirmiyahu 31:18. It is interesting to note that the passuk says,  “After I returned, I regretted” as if to say that it is perhaps possible to do a teshuva without first regretting which is actually the opposite of what the Rambam is intending to teach here by stating that regret is an essential aspect of the teshuva process. Perhaps teshuva in the passuk refers to the mere thought of turning around, even before completing the steps. 

Hilchos Teshuva (2:1) - Late is Not as Great

~Thoughts on Mishna Torah~
Hilchos Teshuva

Perek 2 : Halacha 1

Late is Not as Great

Co-authored by: Yehuda Feinberg and Daniel Listhaus

אי זו היא תשובה גמורה זה שבא לידו דבר שעבר בו ואפשר בידו לעשותו ופירש ולא עשה מפני התשובה לא מיראה ולא מכשלון כח כיצד הרי שבא על אשה בעבירה ולאחר זמן נתייחד עמה והוא עומד באהבתו בה ובכח גופו ובמדינה שעבר בה ופירש ולא עבר זהו בעל תשובה גמורה הוא ששלמה אמר וזכור את בוראיך בימי בחורותיך ואם לא שב אלא בימי זקנותו ובעת שאי אפשר לו לעשות מה שהיה עושה אף על פי שאינה תשובה מעולה מועלת היא לו ובעל תשובה הוא אפילו עבר כל ימיו ועשה תשובה ביום מיתתו ומת בתשובתו כל עונותיו נמחלין שנאמר עד אשר לא תחשך השמש והאור והירח והכוכבים ושבו העבים אחר הגשם שהוא יום המיתה מכלל שאם זכר בוראו ושב קודם שימות נסלח לו

The רמב''ם explains in his first הלכה of 'פרק ב the characteristic of one who is considered a person who does תשובה גמורה and how a person knows if it is real. He says any person who committed an עבירה and did תשובה, and then, if put in the same scenario that caused him to do the עבירה in the first place, he does not transgress the עבירה again because he did תשובה (not because he is scared or physically weak) that is the tell-tale sign that his teshuva was real and complete. 

The רמב''ם gives an example where if ח''ו a person engages in prohibited relations with a woman and then he does תשובה for it. If they somehow come across each other again and he is alone with her and he desires her just as much as he did before and he holds back, he is considered a real בעל תשובה. 

Obviously, one should not test oneself by putting himself back in the situation and we indeed daven every day for Hashem to protect us from nisyonos (challenges). At the same time, this is the mentality we must have when doing teshuva – that we plan on holding ourselves back in the future for the reason alone that we decided to do teshuva and become closer to Hashem, not merely because the desire is no longer of interest or there is embarrassment of being found out by friends.

However, as important as it is to keep this lofty goal in mind, it is just as important to recall as the רמב''ם mentioned in his last פרק, that there are many levels to תשובה. Steering away from averios even if selfishly motivated to do so, is still a step in its own right and better than one who continues doing the aveirah. We are human and cannot expect to be able to achieve high levels in one jump, but one who bears it in mind when repenting even shelo l’shmah, he will be eventually reach the l’shmah level.

The רמב''ם continues and writes that another aspect of תשובה גמורה is doing teshuva right away or at least close to the time that the aveirah was committed. If a person waits to do תשובה until he is old and incapable of recommitting the עבירה he once was able to transgress, he is still forgiven but by definition the teshuva is not as meaningful because at that point it is easy to feel remorse. Therefore, in this case the person could not be considered as doing תשובה גמורה. For example, a person who lies on his deathbed thinking back on his life and sincerely regrets the averios he did, and does a vidoy and teshuva, as loved as this is by Hashem and as amazing it is to be able to come to the realization before death and appear to his yom ha’din with a forgiven slate, it still does not constitute the elite level of תשובה גמורה. 

May Hashem help us realize our mistakes so that we can do תשובה right away while the עבירה is still fresh in our minds and capacity, and not to wait until it is too late. 

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

~Thoughts on Mishna Torah~

Hilchos Teshuva – 1^st Perek

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

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[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”.