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In the opening verses of Parashat Nitzavim, Moshe emphasizes that the covenant into which Benei Yisrael enter with God applies to every group within the nation, and he concludes, "from your woodcutters to your water-carriers." Rashi, based on the Midrash Tanchuma, comments that these woodcutters and water-carriers were in fact Canaanite converts who joined Benei Yisrael in the wilderness and accepted upon themselves the Torah. Just as the Givonim, who joined Benei Yisrael during the time of Yehoshua, became the nation's woodcutters and water-carriers, so did these Canaanites who converted during Moshe's time work in this same capacity.

Rav Pinchas ha-Levi Horowitz, more commonly known as the "Ba'al Hafla'a," raises an interesting, halakhic question on this comment of the Midrash, in his work, "Panim Yafot." As we know from Sefer Yehoshua (5:5), Benei Yisrael did not perform any circumcisions throughout their forty years of travel through the wilderness. Given that circumcision is an indispensable component of the conversion process, how could any converts have joined Benei Yisrael during this period? How could the Midrash claim that a group of Canaanites joined Benei Yisrael as they traveled in the desert if they were unable to perform circumcision?

The Panim Yafot answers by suggesting a novel halakhic concept regarding conversion. According to one position in the Gemara (Masekhet Yevamot 72a), the reason why Benei Yisrael could not perform circumcisions in the wilderness involved the inhospitable desert climate. The blistering, southern winds of the wilderness posed a danger which precluded the possibility of surgical procedures such as circumcision. The Panim Yafot claims (quite reasonably) that the Gemara did not mean that anyone who was circumcised in the harsh conditions of the wilderness would have died. Rather, the Gemara considered this a situation of "safek sakana" - a possible threat to life, and according to halakha, even a possible threat to life overrides all mitzvot (except for the rare exceptions where one must give his life rather than violate the Torah). When the performance of a given mitzva involves a risk to one's life, he is not only exempt from that mitzva, but prohibited from executing it. The Panim Yafot then introduces a distinction between Jews and potential converts in this regard. This axiom, whereby any given mitzva becomes overridden by a possible threat to life, applies only to Jews who are already included in the Torah's obligations. The possible danger exempts them from the mitzva in question because they still have the opportunity to perform all other mitzvot. The risk to their lives, which could mean their permanent inability to perform mitzvot, is not worth the single mitzva in question. Gentiles, however, are not included in the Torah's obligations. Therefore, they are permitted to undergo conversion even under circumstances where this may pose a potential threat to life. The opportunity to observe mitzvot, which a gentile does not have before his conversion, allows for the halakhic viability of a conversion that poses a threat to life - even though halakha generally forbids one from entering into a life-threatening situation.

Therefore, although Benei Yisrael themselves could not perform circumcision in the wilderness, those who wished to join the faith during this period were permitted to undergo circumcision, despite the inhospitable desert climate.

Presumably, however, even this position of the Panim Yafot would forbid a gentile's conversion where it would pose a high risk to his life.

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In Parashat Nitzavim, Moshe describes the process of Benei Yisrael's exile, repentance and redemption. He foresees the unfortunate fulfillment of the curses spoken of in this and last week's parasha, and then predicts Benei Yisrael's repentance in exile and consequent return to their land: "When all these things befall you… and you will return to the Lord your God… Then the Lord your God will restore your fortunes and take you back in love. He will bring you together again from all the peoples where the Lord your God has scattered you… And the Lord your God will bring you to the land that your fathers possessed, and you shall possess it" (30:1-5).

Seemingly, the process should end here. Benei Yisrael has gone into exile, repented, and returned to their land. Surprisingly, however, there is more that needs to be done: "You, however [as opposed to your enemies], will return to heed the Lord and obey all His commandments that I enjoin upon you this day. And the Lord your God will grant you abounding prosperity in all your undertakings… " (30:8-9). Apparently, Benei Yisrael's repentance as foreseen by Moshe occurs in two stages. After the first stage, they are returned to their land; the second stage of the process occurs after they have returned and results in even greater blessing.

How are we to understand this two-stage process? (We will not address the issue of whether or how the events of the last one hundred years fulfill this prophecy.)

The Chatam Sofer explains based on the principle codified by the Rambam (Hilkhot Teshuva 2:1, based on Masekhet Yoma 86b) as to the definition of "teshuva gemura" ("complete" or "absolute" repentance). The Rambam writes that one completes his teshuva process only when he chances upon the same situation in which he had sinned, with the same capability and potential to transgress. Once the individual withstands the same test he had previously failed, he has achieved "teshuva gemura." The Chatam Sofer suggests that the sins for which Benei Yisrael were driven into exile were specifically "Eretz Yisrael sins." They had to do with the unique qualities and realities of the Land of Israel; the Chatam Sofer points in particular to the agricultural success and prosperity they enjoyed in the land. In order for Benei Yisrael to complete the process, then, they must return to Eretz Yisrael after repenting in exile and prove that they will not repeat the same mistakes of yesteryear.

With the Chatam Sofer's analysis in mind, let us examine the final verse of this teshuva section. After describing the blessings Benei Yisrael will earn in reward for their repentance, Moshe concludes that these blessings are earned "because you will heed the Lord you God and keep His commandments… since you will return to the Lord your God with all your heart and soul" (30:10). Interestingly, this final clause, "since you will return to the Lord your God with all your heart and soul," parallels Moshe's description of the first stage of teshuva, in exile (see 30:2). In other words, the blessings Benei Yisrael receive after their second stage of repentance, which takes place upon their return to their land, is attributed to the initial stage: because their initially returned "with all your heart and soul," they now earn these blessings after the second stage. Perhaps the message taught is that the second stage of teshuva, where one finds himself in the same situation that led him to sin in the first place, to some extent depends on the nature of the initial stage. If one's initial return is conducted "with all your heart and soul," with sincerity and a genuine desire to return, then he will be successful in withstanding the trial when he confronts it yet again. Conversely, if one's initial decision to repent is halfhearted and not entirely sincere, if he undertakes teshuva with anything less than "all your heart and soul," then this second stage may never actualize. Only with firm resolve and sincere devotion can one truly repent and ensure never to repeat the same mistakes - and thus achieve the level of "teshuva gemura."

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In his presentation in Parashat Nitzavim, Moshe Rabbenu expresses his suspicion that there may be those in his audience who might ignore his warnings against abandoning God: "Perchancthere is among you some man or woman…whose heart is even now turning away from the Lord our God to go and worship the gods of those nations… " (29:17). Moshe proceeds to describe the rationale of those individuals who still intend on worshipping idols even after hearing Moshe's warning of devastating punishment: "When such a one hears the words of these sanctions, he may fancy himself immune, thinking, 'I shall be safe, though I follow my own willful heart'." About such a person Moshe declares, "The Lord will not agree to forgive him" (29:19).

Rav Moshe Feinstein notes that two elements in the text indicate that we do not deal here with a heretic, a non-believer. Firstly, the individual in question is said to have thought, "I shall be safe… " Generally, he accepts the validity of the blessings and curses described by Moshe as reward and punishment for obedience and disobedience, respectively. However, he feels that this will not apply to him. Everything Moshe said is true, he believes, only it has no impact on him. Secondly, Rav Moshe notes, the prediction that "the Lord will not agree to forgive him" implies that one would have thought otherwise; Moshe here comes to dissuade the possible notion that God will forgive this individual. Evidently, some potentially redeeming characteristic would lead some to erroneously think that he could earn forgiveness despite his decision to "follow my willful heart." Clearly, then, Moshe does not describe here someone who has entirely rejected the belief in Torah and mitzvot.

To whom, then, does Moshe refer?

Rav Moshe explains that the individual described believes in a tradeoff system, whereby his sins in one area can be "exchanged" for good deeds in another. For example, a person might ignore the ritualistic aspects of Judaism and feel content with his generous contributions to worthy causes. Another person might pray and study devoutly and meticulously adhere to the ritual tradition while ignoring the Torah's ethical code. And so on. Moshe here informs us that this is not how the covenant works; it's a package deal, so-to-speak. Sin results in punishment unless the punishment is preempted by repentance. That the sinner has many merits to his name does not affect the gravity of a violation of God's word.

This could perhaps shed new light on the words in this verse, "bi-shrirut libi eilekh" - "I will follow my willful heart." The person Moshe depicts assumes the right to select which areas of Torah to accept and which to overlook. He follows his own heart, his own ideas, his own intuition and his own personal temperament. He decides for himself which rituals and laws he should observe and which may be discarded. Moshe Rabbenu here reminds us to follow God's word, not our own.

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The mishna in Masekhet Rosh Hashana (16a) posits that on Rosh Hashana, "all people in the world pass before the Almighty like 'benei maron'." The Gemara (18a) cites several possible interpretations for this term, "benei maron." The first view translates it as sheep. Rashi explains this to mean that people are judged individually, one at a time, just as sheep must pass single file as they are being counted.

The Meshekh Chokhma (end of Parashat Nitzavim), however, suggests that this analogy involves a halakhic characteristic of sheep. Namely, when a rancher counts his sheep for purposes of ma'aser beheima (the annual tithe on sheep and cattle), all sheep born that year are counted together, but only the sheep counted that year. Thus, although one can designate several sheep of a given species or quality as ma'aser for a flock of many different types, he cannot give sheep from a previous year's flock as ma'aser for this year's. The Meshekh Chokhma explains that for this reason sheep became the mishna's symbol for God's judgment of mankind on Rosh Hashana. God judges every generation independent of previous generations. The judgment includes all people in this current generation, but does not include those who lived previously.

The Meshekh Chokhma expresses this idea very cryptically, leaving it to us to fully develop the idea he intended. Perhaps he meant that every generation is judged according to the unique realities and challenges of the given time period. Even if a generation falls short of a preceding one, it may still earn a more favorable ruling in light of the specific conditions of that time period, and vice versa. On the one hand, adverse conditions could make certain mitzvot more difficult to observe, or, more generally, could help exonerate a given generation despite their shortcomings. On the other hand, there are certain expectations in every generation; what the Almighty expected of us in 5762 may be drastically different from what He demanded thirty years ago. Opportunities for religious education and observance exist today that didn't exist not too long ago. God will therefore hold us accountable based on the specific conditions in which we live, how we succeeded or failed in capitalizing on the opportunities presented to us and using His many blessings to further the cause of Torah and mitzvot.

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The Gemara in Masekhet Yoma (87) brings the stories of two amora'im, Rav Zeira and Rav, who would specifically pass by or visit those who wronged them in the hope that they would ask forgiveness. The Gemara notes that Rav did so specifically on Erev Yom Kippur. The Shulchan Arukh (O.C. 426) indeed mentions that one who has wronged another person should ask his forgiveness before Yom Kippur, as sins committed against other people are not atoned until the victim has granted forgiveness. But why did Rav Zeira and Rava find it necessary to go out of their way to encourage the guilty party to ask forgiveness? Why did they not just stay where they are and wait for the other person to approach them and initiate the process of reconciliation? If the others did not come forward before Yom Kippur, then the amora'im could have just forgiven them in their hearts, without being approached.

Rav Yaakov Moshe Lessin develops an interesting approach to this Gemara in his work, "ha-Ma'or she-ba-Torah" (vol. 2, pp.167-168). These amora'im understood that the concept of asking forgiveness involves more than just expiation, a means to avoid punishment. The humble, self-effacing admission of guilt to the face of the victim cleanses the perpetrator - or at least begins cleansing him - of the character flaw that allowed the incident to occur in the first place. Rav and Rav Zeira were therefore not content with forgiving privately without ever confronting the guilty party. They felt responsible to ensure that these people have the opportunity for "tikkun ha-middot" (correction of character flaws) before the Day of Judgment.

Nevertheless, Rav Lessin adds, one question remains: why did the amora'im feel this responsibility towards their nemeses? Why couldn't they leave the decision of reconciliation to the other party? Why did they feel obligated to take the initiative in this regard?

Rav Lessin cites from Rav Yitzchak Blazer a beautiful explanation: Rav and Rav Zeira learned from the Almighty Himself. Throughout the year, teshuva depends solely on human initiative; God waits eagerly for man to come forth and repent, but He does not initiate this process. In the period of the Yamim Nora'im, however, He avails Himself to us and encourages us to return. "Although repentance and supplication are always beneficial, during the ten days between Rosh Hashana and Yom Kippur it is particularly beneficial and more readily accepted, as it says, 'Seek the Lord while He can be found'" (Rambam, Hilkhot Teshuva 2). During the season of the High Holidays, Chazal teach us, the Almighty "can be found." Rather than waiting for our return, He comes to us, so-to-speak, and urges us to perform teshuva. If the Almighty takes the initiative to repair His relationship with us during this period, then we, too, must do the same in an attempt to reconcile our differences and heal past wounds with others. As we are bidden to emulate God and follow His example, we are to make a proactive effort to settlour disputes with other people and go into Yom Kippur together in peace and loving harmonyamong Benei Yisrael.

*****

Towards the beginning of the "zikhronot" section in the mussaf service of Rosh Hashanah, we find one brief passage the accurately captures the essential theme of this segment of the Rosh Hashanah prayers: "ein shikhecha lifnei kisei kevodekha" - "There is no forgetfulness before Your throne of glory." Indeed, this is what "zikhronot" is all about: the notion that the Almighty recalls all our conduct as He stands trial and also remembers His covenant to the patriarchs which will hopefully result in a favorable sentence. But why do we mention the "kisei ha-kavod," God's "throne of glory," so-to-speak, in this passage? Would it not have sufficed to say, "There is no forgetfulness before You"?

Rav Eliyahu Dessler is cited by one disciple as offering the following explanation. God does not merely remember all of man's actions; rather, everything we do impacts upon His proverbial throne. Every good deed strengthens and fortifies the Almighty's throne; every act of wrongdoing weakens it. Our actions are not forgotten because they have a lasting impact on divine kingship, they leave a visible (so-to-speak) mark on the divine throne.

We can more clearly understand this concept when considering the relationship in this sense between zikhronot and the preceding section of the Rosh Hashanah mussaf prayer - "malkhuyot." In this section, we proclaim God's sole kingship over the world. Malkhuyot begins with the "aleinu" prayer (normally recited at the end of every service throughout the year), which emphasizes God's singularity as the sole divine being. We reaffirm our awareness of God's unchallenged authority and dominion over the universe. Given the concept of "ein melekh be-lo am" - a king cannot be considered a king without a constituency, the more we subject ourselves to God's rule the more we bolster His kingship, as it were. By obeying God's laws, we more firmly establish His reign as we become His loyal subjects.

In light of Rav Dessler's comments, then, zikhronot is the natural consequence of mlakhuyot. Once we crown the Almighty as King, we accept the notion that through our actions we contribute to or detract from His kingship. Our compliance with His commands furthers the cause of "malkhut Shamayim," divine kingship, whereas our disobedience undermines God's authority. Hence, the concept of malkhuyot results in "ein shikhecha lifnei kisei kevodekha" - our imprint upon the divine throne, the ramifications of our conduct on God's rule over the universe.

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Yesterday, we discussed the phrase in the Rosh Hashanah liturgy, "there is no forgetfulness before Your throne of glory," and we cited an explanation as to the specific connection between God's "throne of glory" and the judgment of Rosh Hashanah. Today, we will look at another reference to the "kisei ha-kavod" (throne of glory). In Masekhet Yoma 86a, the Gemara remarks: "Repentance is great, for it reaches the kisei ha-kavod." What precisely does this mean, and what are its ramifications?

The following explanation is cited in the name of the work, "Torat Kohen." A monarch will establish a specific set of rules and protocols binding all his constituents, but he will always remain above the law. Though legal texts determine the punishment to be administered to a convicted criminal, the king has the power to pardon him and excuse him from punishment. The Torat Kohen explains that when Chazal speak of "tachat kisei kevodekha" (under Your throne of glory), they refer to the natural order, the state of affairs established by the Almighty at the dawn of creation. When, however, Chazal describe something as occurring at the kisei ha-kavod, as it were, they refer to that which the Almighty dictates directly, rather than through the medium of the natural order. At the throne, so-to-speak, the Almighty works as a king governing directly, paying no attention to the laws and edicts that he himself had legislated.

With this in mind, the Torat Kohen proceeds to explain the Gemara's comment concerning teshuva. According to the basic rules of "sekhar ve-onesh" (reward and punishment) by which the world runs, a sin cannot go unpunished. Any and every wrongdoing for which the individual is held responsible must be answered by divine retribution. Herein, the Gemara says, lies the great power of repentance. It allows the individual to submit his petition to the King Himself, to appeal to the Throne and thereby circumvent the legal protocol, as it were. Teshuva affords us the opportunity to earn a "presidential pardon," special absolution that one earns by winning the trust and friendship of the power or powers that be. If we can forge such a relationship with the Almighty, by which we earn His favor and trust, then our teshuva will reach His throne, from where He will issue a special pardon, a reflection of the deep friendship between God and His repentant nation.

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