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by Rav David Silverberg

As we know, the period in which we find ourselves is called the "Aseret Yemei Teshuva" - the ten days of repentance, which begin on the first day of Rosh Hashanah and culminate on Yom Kippur. The Gemara says that to this period the prophet Yeshayahu referred when he exclaimed, "Seek out God when He is found; call to Him when He is close." As the Rambam (Hilkhot Teshuva) explains, repentance is effective throughout the year but particularly during this week-and-a-half. These days come to us as a most unique gift, allowing us the special opportunity to repent and return. Where did this gift come from? What are its origins?

The Midrash (Eliyahu Zuta) traces the origins of the Aseret Yemei Teshuva back to Avraham Avinu. It points to two possible merits of our patriarch on account of which we have the special opportunity provided by this period. First, the ten days correspond to the ten "nisyonot" - "tests" - which Avraham Avinu withstood. Secondly, God granted us this privilege in the merit of Avraham's plea on behalf of the corrupt city of Sedom and its environs, negotiating with the Almighty to spare the region should He find ten righteous residents among its population. Why would specifically these two achievements of Avraham be rewarded with this special gift of the Ten Days of Repentance?

These two origins of the Aseret Yemei Teshuva correspond to the two groups of people who stand to benefit from them. Avraham's ten trials were the means by which he climbed the ladder of spirituality, rung after rung, to the point where God could say about him, "I now know that you are God-fearing." Quite clearly, Avraham possessed a good deal of yirat Shamayim well before he bound his son upon the altar. But at that point he had reached a particular height of fear of God that he had not achieved beforehand. We, his offspring, reap the benefits of his devotion by receiving these ten days of ascent. The righteous among us have the ability to build additional layers of piety, to proceed beyond their present standing and take further steps towards perfection, just as Avraham worked his way upwards over the course of his ten trials.

Most of us, however, have received a much different Aseret Yemei Teshuva, the period promised to Avraham's progeny as reward not for his withstanding his trials, but for his heartfelt plea on behalf of Sedom. This prayer underscores his belief in people's ability to change course and direction. He firmly believed that if only a nucleus of ten pious people can be identified, there was hope - however far-fetched - that the most corrupt civilization on earth could earn redemption. People, Avraham believed, are not computerized robots. They have consciences and the cognitive ability to rethink their conduct and scrutinize previous assumptions for purposes of change. He did not give up even on the population of Sedom; in reward, God refuses to give up on Avraham's descendants. He therefore gave us this special time uniquely suited for change, for improvement, for taking the necessary steps of teshuva. Change is difficult, but less so during these ten days. God willing, we will capitalize on this opportunity and earn further spiritual growth and a year of happiness and peace for all of us.

(The last two editions of S.A.L.T. were based in part on a lecture by Rabbi Yissachar Frand)

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The concept of teshuva means - at least in part - that God grants every sinner the opportunity to return and earn forgiveness. Different sins have different "regulations" as to how to achieve atonement (as outlined by Chazal and the Rambam), but they all share this quality of lending themselves to expiation.

We find one episode in the Torah, however, which appears to undermine this basic premise. As a result of the sin of the spies, God decrees death upon that entire generation and orders the nation to turn around to wander through the wilderness rather than proceeding directly to Eretz Yisrael. One group, infamously known as the "mapilim," violated the order and headed towards the Holy Land: "Early next morning they set out toward the crest of the hill country, saying, 'We are prepared to go up to the place that God has spoken of, for we have sinned'" (14:40). As Moshe warned, they were annihilated by foes living nearby.

Why were the mapilim denied the privilege of teshuva? They verbally confessed to having sinned and sought to reverse their mistake: they had previously refused entry into the land, and they now enthusiastically marched towards the historical destiny that they had tried to avoid. Since when does God respond, "too little, too late" to a sincere effort to correct one's mistakes?

The Netziv (Rav Naftali Tzvi Yehuda Berlin of Volozhin) answers that Benei Yisrael's reaction to the scouts' report constituted a "chilul Hashem," a grave desecration of God's Name, for which, Chazal tell us, one cannot earn atonement. Rejecting their God-given gift of Eretz Yisrael and failure to believe His promise of assistance put to shame their singularity and destiny for which God had chosen them.

The Netziv could have stopped here in his answer; this itself sufficiently explains why their attempt at repentance failed. Interestingly, however, he adds a further point regarding repentance. Even "chilul Hashem" lends itself to atonement through sincere teshuva. However, he explains, atonement comes in two forms. Lower level expiation spares one punishment for his misdeed. However, God will continue dealing with the individual by purely naturally means, rather than through direct, supernatural intervention. One who reaches the higher level atonement earns a higher level of divine involvement in his life, whereby God will even override the natural order on his behalf. One who desecrates God's Name can never attain this second form of atonement; he can only spare himself divine wrath. Therefore, the mapilim could not earn supernatural divine protection, although they saved themselves from direct punishment. God left them to the natural forces, and they fell prey to the powerful Amalekite and Canaanite armies that engulfed them.

The Netziv's analysis is well worth bearing in mind at a time when it seems as though only supernatural intervention can resolve our crises. Through sincere repentance, the mitzva of the day, if you will, during the Aseret Yemei Teshuva, we have the capacity to not only avoid punishment, but earn miraculous salvation. Through a sincere desire and effort to improve, we can hopefully eliminate all harsh decrees against us and see the fulfillment of Mikha's prophecy: "as in the days when you left Egypt I will show them wonders."

*****

While Yom Kippur is perhaps most famous for the prohibitions regarding "inuy," self affliction - fasting and the other restrictions on physical enjoyment, it also involves an "issur melakha," a prohibition against certain activity as we find on Shabbat. The relationship between this prohibition and those involving self affliction may be assessed from a halakhic viewpoint, but here we will discuss this issue from the broader, philosophical perspective. What specific purpose is served by refraining from forbidden activity on Yom Kippur? How related is it to the requirement to fast and abstain from other forms of physical enjoyment?

The Abarbanel (Vayika 16:24) suggests, quite simply, that the prohibition against "melakha" is necessary to ensure our proper focus on this day which will determine the outcome of the year ahead. As he writes, "How can one work on the day on which his life depends?" So as to direct our thoughts and emotions to prayer and repentance, the Torah forbade ordinary activity on Yom Kippur.

Rav Shimshon Rafael Hirsch, in his commentary to Vayikra 23:27, takes this theory one significant step further. The atonement of Yom Kippur is meant to protect the individual from what would obe the natural results of his sin. The sinner must understand that he has the right to neither life itself nor any life activity as a result of his wrongdoing. We reflect this awareness through these two general prohibitions. By refraining from physical activity, including the most elementary act of eating and drinking, we express our recognition that without divine grace we have no right to life itself. We also cease our normal occupation, declaring that even should we be granted life, we do not deserve to conduct our usual activity.

We may consider yet another approach in light of an association drawn by the Maharal between Yom Kippur and the mitzva of yovel, the jubilee year. In truth, such an association appears already in the Torah, in Parashat Behar, where we learn that the shofar is blown on Yom Kippur of the jubilee year. The Maharal (Chiddushei Aggadot, Shavuot 13:1) extends this relationship to apply as well to the required return of all lands to their original owners on the jubilee year. Yovel is about returning to one's source: indentured servants are set free and return home, and all purchased lands are returned to their original owners. Similarly, claims the Maharal, on Yom Kippur we return to our source, to the original purity of soul that we left as a result of our transgressions. We may add that the prohibition of forbidden work on Yom Kippur corresponds to the prohibitions against agricultural activity during the jubilee year. On yovel we render all our acquisitions and transactions of the past half-century meaningless; we demonstrate that when all is said and done, our initiative brings us nothing. For this reason the Torah requires putting a halt to all agricultural enterprises during this year, as a further reflection of this theme. On Yom Kippur, too, we express this awareness. All our work, endeavors, business ventures, skills, and accomplishments mean nothing on Yom Kippur, the day when we divest ourselves of our physical beings and, to whatever extent possible, become angelic creatures. In such a world, material success and physical enjoyment have no value or significance. Weekday activity has no place on Yom Kippur, because on this day we express the worthlessness of the physical and material in relation to the spiritual. Only after reinforcing this concept within our mindset may we spend the rest of the year involved in our material and physical pursuits, while trying our utmost to infuse them with a sublime and spiritual dimension.

*****

The Gemara posits that "one who eats and drinks on the ninth [of Tishrei, Erev Yom Kippur] is considered as having fasted two days." Accordingly, the halakha requires one to eat heartily on Erev Yom Kippur, and doing so fulfills a mitzva. However, the equivalence drawn between eating on this day and fasting requires explanation. Why should indulgence on Erev Yom Kippur be considered as lofty as fasting?

We will present here three explanations offered. The Meiri, in Meishiv Nefesh 2:9, offers perhaps the most straightforward approach. If one eats on the ninth in order to be able to fast and properly concentrate on teshuva and prayer on Yom Kippur, then his eating becomes a mitzva like fasting itself. Physical indulgence for the pure sake of spiritual endeavors is sacred. Therefore, there is no distinction between fasting on Yom Kippur and taking the necessary measures to ensure the ability to do so. One fulfills a mitzva and the other enables the fulfillment of a mitzva; both are therefore inherently religious acts, on par with one another.

The Maharal explains that eating on Erev Yom Kippur highlights the sanctity of Yom Kippur. Sanctity cannot exist without the mundane. If we did not eat on Erev Yom Kippur, then we would undermine the uniqueness on Yom Kippur. It is therefore a special mitzva to eat on Erev Yom Kippur so as to magnify the sublime nature of Yom Kippur itself.

While both the Meiri and Maharal view the significance of eating on Erev Yom Kippur as related to its role in facilitating the proper observance of Yom Kippur itself, the Shela affords this mitzva more inherent meaning. The mitzva of repentance on Yom Kippur, like all other mitzvot, must be accompanied with a genuine sense of simcha (joy). As we discussed in the week of Parashat Ki-Tavo, a lack of enthusiasm demonstrates a misguided perspective on the concept of mitzvot. Regarding the mitzva of teshuva, however, an inherent problem surfaces: sincere repentance requires intense grief and pangs of remorse over our sins. How can we possibly perform this mitzva with the necessary degree of joy while our hearts bleed from the knowledge of our shortcomings? Halakha provides the answer with the institution of Erev Yom Kippur. By rejoicing and enjoying festivities before Yom Kippur, we express our joy and enthusiasm over the opportunity to perform this great mitzva, regardless of the emotional discomfort entailed. Erev Yom Kippur thus supplies this festival's missing link - the joy and celebration over the observance of God's command.

*****

Yesterday we discussed the mitzva to eat on Erev Yom Kippur, and we cited several explanations as to the reason behind this obligation. Today we will look at a particularly novel approach taken by the Sefat Emet (cited by Rav Ovadya Yoseif, Yechaveh Da'at 1:58). He suggests that eating and drinking is necessary on Erev Yom Kippur in order to lift one's spirits and ensure a joyous mood. Good spirits are a must on Erev Yom Kippur, explains the Sefat Emet, in order that one can appease his friends in an effort to resolve all outstanding conflicts and arguments.

Why are good spirits a prerequisite for appeasing one's former foes? Must one be particularly cheerful in order to ask forgiveness?

This may serve as one of many proofs to a concept established by Rav Soloveitchik zt"l regarding the obligation of "piyus" (appeasing one's fellow) before Yom Kippur. The Rav contended that this requirement extends beyond requesting forgiveness from those whom we have wronged. It requires "simat shalom" - establishing peaceful and harmonious relationships with former adversaries. Clear evidence of this obligation emerges from the story in Masekhet Yoma 87a of a butcher who wronged the great amora, Rav. Upon noticing that the butcher had not approached him to ask forgiveness on Erev Yom Kippur, Rav said, "I will go to him to appease him." Appeasement here cannot refer to asking forgiveness; after all, it was the butcher who aggrieved Rav. Rather, in anticipation of Yom Kippur one must do what he can towards the reconciliation of arguments and strife among his peers, regardless of who "started." Rav Soloveitchik added that this explains the text of our Yom Kippur liturgy towards the conclusion of the "avoda" section in mussaf. We describe Yom Kippur as "a day of establishing love and friendship, a day of leaving jealousy and strife… " The source of this obligation, as noted by the Rosh (Yoma 8:24), is the Midrash in Pirkei D'Rabbi Eliezer (46) which enumerates the ways in which we resemble angels on Yom Kippur: we do not wear shoes, we stand, we fast, and we harbor no ill will towards others. Part of the purely spiritual existence for which we strive on Yom Kippur involves the absence of all tension among people. Humbling ourselves to the point of resolving our conflicts with others is indeed an angelic quality.

It would seem that the Sefat Emet had this idea in mind when positing his theory as to the reason behind the obligation to eat heartily on Erev Yom Kippur. Before Yom Kippur we must attempt to reconcile our differences with others, a difficult task which requires peace of mind, energy, and strong resolve. We are therefore required to eat festively on Erev Yom Kippur to help us make our necessary preparations before beginning the sacred day of social harmony.

(Taken from Rav Aharon Kahn, Beit Yoseif Shaul [Yeshiva University], vol. 2, pp.56-58)

*****

As we know, the sanctity of human life overrides all mitzvot in the Torah with the exception of three (murder, idolatry and adultery). Thus, a critically ill patient, Gforbid, whose life will be threatened by fasting, may and must eat on Yom Kippur (after consultation with both a physician and rabbinical authority). In such a situation, an interesting question arises regarding the recitation of kiddush. Obviously, we generally do not recite kiddush on Yom Kippur as we do on all other Yamim Tovim. However, we should perhaps pose the following question: is this due to the fact that no such obligation was ever introduced or has any place on Yom Kippur, or does the essence of Yom Kippur in fact warrant the recitation of kiddush, only the requirement to fast renders kiddush impractical? The second position would argue that any day infused with the generic "kedushat ha-yom," sanctity of Yom Tov, essentially requires the recitation of kiddush. On Yom Kippur, this requirement simply cannot be translated into practical terms as a result of the mitzva to fast. Accordingly, perhaps, one whom halakha requires to eat on Yom Kippur must make kiddush. What more, on Shabbat and Yom Tov generally one may not eat before reciting kiddush. Perhaps, then, one who must eat on Yom Kippur may not do so before reciting kiddush!

Truth be told, the Magen Avraham (O.C. 618:10) cites an argument that renders this discussion irrelevant. As the Torah forbids eating on Yom Kippur, one who does so for medical reasons effectively does not observe Yom Kippur with respect to food consumption. As far as his eating is concerned, it is simply not Yom Kippur in the halakhic sense of the term (despite what the calendar says). Halakha cannot, therefore, obligate anything related to Yom Kippur regarding his eating. Consequently, he may eat without any concern for any obligation of kiddush. The Mateh Efrayim raises another issue yielding this same conclusion: what text would the individual recite for his kiddush? Nowhere do we find any authentic text for kiddush on Yom Kippur composed by Chazal. Therefore, we cannot concoct a kiddush of our own; doing would be an outright fabrication.

Rav Akiva Eiger, however, raises a possible qualification of this ruling. If Yom Kippur occurs on Shabbat, an ill patient may be required to recite kiddush as a result of Shabbat. True, as noted, the day of Yom Kippur itself would not warrant the recitation of kiddush by the ill patient. But what about the obligation of kiddush on Shabbat? If one must eat, does halakha require of him to first recite kiddush?

The Tzemach Tzedek (one of the rebbes of Lubavitch; O.C. 36) denies such a requirement. He argues that when Shabbat occurs on Yom Kippur the latter institution effectively and categorically cancels the Shabbat-related obligations concerning eating, including kiddush. Rav Meir Simcha of Dvinsk (late eighteenth century; Or Samei'ach, Avodat Yom Ha-kippurim 4:1) expresses similar sentiment only in much sharper terms: the sanctity of Yom Kippur completely subsumes that of Shabbat with respect to eating. When Yom Kippur falls on Shabbat, the sanctity of the latter, as far as eating is concerned, simply disappears as a result of the overriding obligation to fast.

By contrast, Rav Yosef Engel (in Tziyunim Le-Torah) raises an argument to support Rav Akeiva Eiger's claim that a critically ill patient would, in fact, recite kiddush on Shabbat Yom Kippur. He suggests that we refrain from eating on Yom Kippur for purely technical, rather than fundamental, reasons. Chazal derive from a verse that we observe the Yom Kippur fast even on Shabbat; this tells us nothing, however, of the inherent relationship between the two institutions when they coincide. The sanctity of Shabbat and its obligations may remain independent and intact even if we override the requirements of eating and kiddush. They remain potentially binding, even if generally they are practically suspended. Therefore, once the obstacle to eating on this Shabbat - the fast of Yom Kippur - is removed, the obligation of kiddush resurfaces.

May we all be granted good health and strength this Yom Kippur, enabling us to properly observe this sacred day in optimum fashion and improve ourselves as best we can.

(Taken from Rav Matis Blum's Torah La-Da'at on the festivals)

*****

Towards the introduction to his famous poem of Ha'azinu, Moshe Rabbeinu declares, "When the Name of God I proclaim, give glory to our God!" (Devarim 32:3). The Gemara in Masekhet Berakhot 21a derives from this verse the obligation of birkat ha-Torah, the berakha we must recite each day before learning Torah. This Gemara, which associates this requirement with that of birkat ha-mazon, strongly implies that this recitation constitutes a Biblical obligation (a mitzvat aseih). Indeed, the Ramban strongly advocates including this mitzva as one of the 248 positive commandments, and he takes issue with the Rambam who did not count this requirement in his listing of the mitzvot. (For a resolution, see the Tzelach there in Berakhot.)

Of course, normative halakha dictates the recitation of birkat ha-Torah each morning as part of the daily series of berakhot said before shacharit. Immediately following the recitation of the berakha (which actually consists of two berakhot), we say several verses (from birkat kohanim in Parashat Naso) to formally fulfill the mitzva of Torah study. This follows the view among the Acharonim that birkat ha-Torah must be recited in conjunction with the performance of this mitzva.

One interesting question relevant to this obligation relates to an "am ha-aretz," an unlearned individual who does not understand the Biblical verses. Given his inability to comprehend the verses he recites, perhaps his recitation does not fulfill the mitzva of Torah study, and, as such, he may not recite birkat ha-Torah. Clearly, this is not the case. It is commonly assumed that a distinction exists regarding the mitzva of Torah learning between the written Torah and the oral law. By reading Chumash, one fulfills a mitzva whether or not he understands what he says. Reading mishna or Gemara, however, does not fulfill a mitzva without comprehension. Thus, the Shulchan Arukh Ha-Rav (written by Rav Shneur Zalman of Liadi, the first rebbe of Lubavitch) explicitly rules that an uneducated person recites birkat ha-Torah followed by the verses, despite his inability to understand what he says.

One contemporary writer, however, has questioned the scope of this provision. At first glance, it would seem that anyone fulfills the mitzva of Torah study by reciting Biblical text even if he pays no attention to what he says. The very articulation of verses is considered sufficient involvement in God's word to constitute a fulfillment of this mitzva. One may, however, argue otherwise, distinguishing between an "am ha-aretz" who cannot understand and a learned reader who can, but chooses not to, understand. Second-nature reading of Biblical text may not qualify as Torah study insofar as it is performed effortlessly and without any intent. Only an ignoramus who cannot attach himself to Torah knowledge cognitively fulfills a mitzva in this manner.

If this is so, then an important stringency arises. Very often, morning dreariness results in mindless, inattentive recitation of the morning blessings. Consequently, at times we do not concentrate when reciting birkat ha-Torah and the accompanying verses. According to what we have seen, one perhaps does not fulfill the obligation of birkat ha-Torah with such a recitation. Since, as we mentioned, birkat ha-Torah must be recited in conjunction with a fulfillment of the mitzva to learn Torah, mindless mumbling of verses, which, as we saw, may not fulfill this mitzva, does not qualify for purposes of birkat ha-Torah.

Therefore, one should ensure to muster enough concentration during birkat ha-Torah to pay attention to the verses he recites in conjunction therewith. Nevertheless, if after one recites birkat ha-Torah he realizes that he did not pay attention to the verses, it would seem that this halakha is not clear-cut enough to require him to repeat birkat ha-Torah. What more, the halakha is that one who forgot to recite birkat ha-Torah and remembers during the prayer service should have in mito fulfill his obligation through the recitation of "ahava rabba" before keri'at shema, which speaks of Torah learning. Presumably, this provision should apply in our case, as well.

For practical guidance, please consult a competent halakhic authority.

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This shiur is provided courtesy of the Virtual Beit Midrash, the premier source of online courses on Torah and Judaism 14 different courses on all levels, for all backgrounds.

MakeJewish learning partof your week on a regular basis - enroll in the
Virtual Beit Midrash

(c) YeshivHar EtzioAll rights reserved to Yeshivat Har Etzion

Yeshivat Har Et
Alon Shvut, Israel, 90433
office@etzion.org.il