(For the riddles, please see back page)
1) The Shabbos between Rosh Hashanah and Yom Kippur is one of the Aseres Yemei Teshuvah, and in the language of the poskim is known as “Shabbos Shuvah." See the Levush (Orach Chaim siman 603), who explains that the reason it is called Shabbos Shuvah is because: “It is the days of teshuvah, and furthermore because we recite the haftorah of ‘Shuvah Yisrael.”
It is clear from the Levush that a person is obligated to do teshuvah on Shabbos Shuvah, since it is one of the Aseres Yemei Teshuvah.
The question is, how is it permissible to do teshuvah on Shabbos, surely one of the main elements of teshuvah is regret, as Rabbeinu Yonah writes in Shaarei Teshuvah (Shaar 1, ois 10): “The first principle is regret - let his heart understand that it is evil and bitter to abandon Hashem...", and being regretful is forbidden on Shabbos?
Another one of the main elements of teshuvah is sorrow, as Rabbeinu Yonah writes (Shaar 1, ois 12): “The third principle is sorrow - let his kidneys meditate and think how great is the evil of one who rebelled against his Creator, and let him increase sorrow in his heart, and a storm should whirl in his thoughts, and he should groan in the bitterness of his heart...” But surely being sad and groaning is forbidden on Shabbos?
There are a number of approaches to answer this question:
1) i) The sefer Likutei HaRim (Aseres Yemei Teshuvah) answers:
"The halachah is that pikuach nefesh overrides Shabbos (Yoma 85b). If one does not do teshuvah, he is in danger of possibly losing this world and the next. Therefore, one is obligated to do teshuvah even on Shabbos."
It is clear from his words that teshuvah is permitted on Shabbos because it is considered pikuach nefesh — lest he lose this world and the next — and pikuach nefesh overrides Shabbos.
We can explain this further in another formulation, based on what the Siach Yitzchak writes in the Siddur HaGra, by the berachah of “Mechaye HaMeisim” of Rosh Hashanah Shacharis. He writes:
"The second berachah is Mechaye HaMeisim. We have already said in the derashos that accepting the teshuvah of a sinner is in the category of resurrection of the dead, for a wicked person in his lifetime is called dead (Berachos 18b). And when he returns, it is included in Mechaye HaMeisim. Therefore, one should daven that Hashem revive him and accept his tefillos. When a person sins, his soul departs, and he should daven that Hashem revive him with the dew of resurrection ..." It is clear from here that when one sins — his soul departs from him and he is considered literally dead, and teshuvah works as actual resurrection.
Therefore, one may say: Since one who sins has his soul depart from him and is considered dead, and through teshuvah he can revive his soul — which is in the category of resurrection — therefore it is permitted to do teshuvah on Shabbos, for it is pikuach nefesh: the sinner is considered dead, and through teshuvah he revives himself, and pikuach nefesh overrides Shabbos.
ii) The Likutei HaRim further brings:
"He said to someone who was crying on Shabbos Shuvah: For the sake of teshuvah it is permitted to cry even on Shabbos, for it is written (Devarim 10:16) 'And you shall circumcise the orlah of your heart,' and circumcision in its proper time overrides Shabbos."
It is clear from his words that since teshuvah is like circumcision of the heart, and circumcision in its time overrides Shabbos, therefore teshuvah is permitted on Shabbos Shuvah.
iii) We can explain the matter differently, based on what is written in the Yesod VeShoresh HaAvodah (Shaar Haltun 11:5):
“The main and fundamental root of teshuvah is observing Shabbos properly. And so it is all year, as Chazal said (Shabbos 118b): ‘Whoever keeps Shabbos properly, even if he worships idols like the generation of Enosh, he is forgiven.' Therefore, this is the name given to the Shabbos between Rosh Hashanah and Yom Kippur — Shabbos Teshuvah — for its proper observance is the foundation and root of teshuvah...”
It is clear from his words that proper Shabbos observance is a major root of teshuvah.
Therefore, one may say that when the poskim say “do teshuvah on Shabbos Shuvah" they mean that one should be careful to observe Shabbos properly, for that itself is the essence of teshuvah – but indeed, sorrow, groaning, and regret should not be done on Shabbos.
iv) We can explain further: Although sadness is forbidden on Shabbos, that applies only to sadness that does not lead to any joy. But here, the sadness of regret and sorrow is one of the main elements of teshuvah, and there is no greater joy than a person meriting to do teshuvah:
Therefore, teshuvah is permitted on Shabbos Shuvah, since ultimately it brings a person to great joy.
v) We can explain further: In Bereishis Rabbah (22:13) the Medrash says:
"And Kayin went out from before Hashem... he went out happy... Adam met him and asked: 'What happened in your judgment?' He said: ‘I did teshuvah and was appeased.' Adam began striking his face and said: 'Such is the power of teshuvah and I did not know!' Immediately Adam stood and said: 'Mizmor Shir LeYom HaShabbos' - ‘A psalm, a song for the day of Shabbos."
The meforshim ask: how could Adam not know the power of teshuvah, while Kayin did? And what is the connection between teshuvah and “Mizmor Shir LeYom HaShabbos"?
R' Tzadok Hakohen in Pri Tzadik (Shabbos Teshuvah) explains: After Adam sinned, he no longer believed he could overcome his yetzer hara, since it had already entered him. He judged himself and concluded: If before he had a yetzer hara he could be tempted, then now — after sin — certainly he could not overcome it. He knew that the essence of teshuvah is as the Rambam writes (Hilchos Teshuvah 2:2): “Until He who knows secrets will testify that he will never return to that sin.” Adam did not believe he could reach that level. But when he heard from Kayin: “I did teshuvah and was appeased,” even though it was like deceiving Heaven, Adam said: such is the power of teshuvah that even verbal confession alone helps, even without full abandonment of sin. Immediately he said: “Mizmor Shir LeYom HaShabbos" for there it says (Tehillim 92:2): “It is good to give thanks to Hashem,” and it does not say “and abandon,” as it says (Mishlei 28:13): “He who confesses and abandons will be shown mercy.” This is the power of Shabbos that verbal confession alone is effective, even without full abandonment.
With this we can answer the question we started with: Teshuvah is permitted on Shabbos because on Shabbos one needs only Vidui, and not all the other components of Teshuvah such as being sad and sorrowful.
2) The Gemara in Yoma (87b) teaches: “The mitzvah of Viduy on erev Yom Kippur is at nightfall. But the Chachomim said: one should confess before he eats and drinks, lest his mind become confused during the meal.”
i) Rashi explains: "Because of intoxication.”
ii) The Rambam (Hilchos Teshuvah 2:7) gives a different reason: “The mitzvah of Viduy on Yom Kippur begins from erev Yom Kippur, before he eats — lest he choke during the meal before confessing."
The Shefa Chaim brings some additional reasons:
iii) The Gemara (Berachos 8b, Rosh Hashanah 9a, Yoma 81b) teaches: “One who eats on the ninth is considered as if he fasted on the tenth.” We see that one who eats on the ninth is considered to be fasting.
Therefore, the Shefa Chaim writes: We say Viduy and Al Cheit at Mincha of erev Yom Kippur because the day of the ninth already has the halachic status of Yom Kippur itself.
He notes that this is hinted at in the pasuk (Vayikra 16:30): “For on this day He shall atone for you... before Hashem you shall be purified.”
"Before Hashem" can mean before the day itself - as the Taz (O.C. 525:7) explains — meaning even on the ninth of Tishrei one already merits purification. (Shefa Chaim, Yom Kippur pg. 222)
The Sefas Emes (Yoma 81b) already writes this idea that since eating on the ninth is considered fasting, one is already obligated in Viduy.
iv) The halachah is: “Yom Kippur does not atone until one appeases his fellow."
Therefore, the Shefa Chaim writes: We recite Viduy at Mincha on erev Yom Kippur to give a person time to reflect on how he may have wronged others, and since it is still only Mincha time on erev Yom Kippur he still has time to go and seek forgiveness before Yom Kippur begins.
This way, he enters Yom Kippur clean from any sins between man and his fellow, and then the very essence of the day atones for him.
3) There is a Gemara in a number of places (Berachos 8b; Rosh Hashanah 9a and Yoma 81b) which teaches as follows: The pasuk says “You shall afflict yourself on the ninth of month", is there a mitzvah to fast on the ninth, surely the mitzvah is on the tenth? Rather, the pasuk is written this way to teach you “whoever eats and drinks on the ninth is considered to have fasted on both the ninth and the tenth."
Is the mitzvah to eat and drink, or is the mitzvah just to eat?
From the Gemara it is clear that the mitzvah is to eat and drink.
However, the Shulchan Aruch (O.C. 604) writes: “It is a mitzvah to eat and increase with food on erev Yom Kippur.” The Shulchan Aruch doesn't mention anything about drinking.
The Shu"t Siach Yitzchak (290) already asks why the Shulchan Aruch omits drinking, when the Gemara explicitly includes it. He concludes that it is obvious that drinking is also a mitzvah. He cites the Halachos Gedolos (Hilchos Yom Kippur) who says: “One is obligated to eat and drink on erev Yom Kippur.” (The Ketzeh HaMateh on the Mateh Ephraim also wonders why the Shulchan Aruch changed the Gemara's wording, see there.)
It is also clear from the Yerushalmi that there is a mitzvah to drink. The Yerushalmi in Avodah Zarah (2:3) relates a story: A man saw his friend about to pour out a barrel of wine on erev Yom Kippur. He said to him: "Give it to me I will drink it." The friend replied: “It is wine that was left uncovered; a snake may have drunk from it." He answered: “The Master of the day will protect me.” The Pnei Moshe explains: "The Yid was saying that since there is a mitzvah to eat and drink on erev Yom Kippur, Hashem who commanded us to do it will surely protect us from any harm.” This shows that drinking on erev Yom Kippur is considered a mitzvah, even to the point that a someone was willing to doing something dangerous to fulfill it (though the Yerushalmi concludes that one may not rely on miracles).
The Gemara in Eruvin (54a) and Nedorim (55a) brings that Rava poured wine for Rav Yosef on erev Yom Kippur, which also seems to show there is a mitzvah to drink on erev Yom Kippur.
The Teshuvos Maharil (cited in Minhagei Maharil, Hilchos Erev Yom Kippur siman 9) brings that he was asked about a woman who vowed not to eat meat or drink wine except on Shabbos and Yom Tov, what her status is regarding erev Yom Kippur? He answered: “She may eat and drink on erev Yom Kippur, because this day is also called a Yom Tov, and she may gladden her heart with wine.”
From here we see clearly that there is a mitzvah to drink on erev Yom Kippur and we see that there is also a mitzvah to drink wine.
The Gilyonei HaShas and the Aderes in Hagaos Tov Yerushalayim bring proof from the aforementioned Yerushalmi that there is a mitzvah to drink wine.
A further proof that there is a mitzvah to drink wine can be brought from the Gemara in Yoma (87b). The Gemara says that we recite Viduy at Mincha on erev Yom Kippur before the meal, lest one become confused from the seudah. Rashi explains: “Because of intoxication." This implies that drinking wine at the meal was normal and expected. This seemingly proves that there is a mitzvah to drink wine on erev Yom Kippur.
Although perhaps we can refute this by saying, in those days it was normal to drink wine at every meal to help settle the food, and since there is a mitzvah to eat on erev Yom Kippur Chazal were worried one would also drink wine, however, there was no special mitzvah to do so.
The Chesed L'Avraham (Maʼayan 5, Nehar 6) writes: “On erev Yom Kippur, Purim, and Shavuos, there is a complete obligation to rejoice with eating meat and drinking wine.”
4) i) The Chida in Midbar Kadmos (ois ‘vav' s.k. 11 and see also Pele Yoeitz “Pachad") writes: A certain pious man once told the Rambam that he doesn't wish to recite the Vidui on Yom Kippur according to the order that we have it, for he knows that he has not sinned in these matters — and how could he utter words of falsehood?
To this the Rambam responded: “If you knew, O noble-hearted one, how weighty the service of Hashem is, and how much one must labor in serving this exalted G-d, and if you would encompass the full measure of the service that is fitting and required for this Master you would know with certainty that not a single day has gone by that you didn't violate every single item mentioned in the Vidui. Additionally, each person is judged according to this level. For example: We find regarding David HaMelech, that the Torah considers it as if he sinned with a married women — even though she was already halachically divorced from Uriah according to the stature of the person, so is his judgment and his burden.
The Rambam then said to this pious Yid: “Even for this very statement that you have spoken, you will one day be held accountable.”
ii) The Chida adds that: “Kol Yisrael aravin zeh lozeh” – “All Yisrael are guarantors for one another,” and we see in Shavuos (39a) that one Jew gets punished for the sin of another. The reason for this is because all of Klal Yisrael are like one body. This is also why we recite Vidui in the plural. Consequently, even if one hasn't sinned (which is impossible) he must still recite Vidui because other people in Klal Yisrael have sinned.
The Chesed LeAvraham (ois 3) adds and additional three reasons:
iii) It is possible that one sinned in previous incarnations. The Chesed LeAvraham explains that this is the reason that we say in Vidui: “We and our fathers have sinned," for the previous incarnation is called “a father.”
iv) Additionally, there are sins that a person tramples on with his heel, yet they are severe — such as anger, which is considered like idolatry; and embarrassing one's fellow, which is considered like spilling blood.
v) Even if one did not sin in these matters, it is possible that someone from the root of his soul did and we recite Vidui to rectify this.
5) i) The Magen Avraham (O.C. 607) writes: In the writings of the Arizal it says that during Viduy one should strike with a fist upon the chest. However, the Medrash (Koheles, Perek 7) writes: One strikes the heart as if to say, "You caused this to me."
The Medrash is on the pasuk “And the living shall take it to heart" and the Medrash relates: Rabbi Mana said: “These are the righteous who place their death opposite their heart. And why do they pound upon the heart? To say: everything is there.”
Meaning: The root of sin is in the heart like Chazal say, “The heart is the agent of sin, the heart desires...” and it is the first cause of every transgression.
From the Arizal it seems one should strike his chest, however, from the Medrash it seems one should strike his heart.
ii) The Shefa Chaim (Yud Gimmel Middos, pg. 53) writes: During Viduy one strikes his heart with a fist to hint that our avodah is only from the lips outward, without a complete heart and without true inner awakening.
The blow is a rebuke to the heart: “You are not participating. You are absent.”
iii) The Maharal's brother writes: It says in Iyov (37:7): “He seals the hand of every man." Meaning: the hands bear witness to all of a person's deeds.
Additionally, the Torah says (Devarim 17:7): “The hand of the witnesses shall be first upon him", therefore, we strike with the hand.
6) The Da'as Torah (Orach Chaim, siman 602) writes that he saw in the Minhagim of Maharah Turner (cited many times in the Rema) in the name of his holy teacher that he would recite Kiddush Levanah on Yom Kippur night, saying that it adds to one's merits on the Day of Judgment.
However, the Rema himself rules (O.C. 602): “We do not recite Kiddush Levanah until Motzei Yom Kippur."
In Darkei Moshe (siman 426) the Rema writes that the Maharil would not sanctify the new moon until after Yom Kippur, because until then people are fearful of the upcoming Day of Judgement and are not in a state of joy. The Darkei Moshe adds: The custom is to recite Kiddush Levanah on Motzei Yom Kippur if the moon is visible.
The Levush (O.C. 602:2) writes: We don't recite Kiddush Levanah until after Yom Kippur, because we are worried about the upcoming Day of Judgement and Kiddush Levanah needs to be recited with joy. This is the custom.
The Levush brings that he heard from a certain gadol that on the contrary it is best to recite Kiddush Levanah during Aseres Yemei Teshuvah, to add mitzvos on to our accounting, and it may help tip the scales to the side of good. This is a good argument, as adding merits before the Day of Judgment makes one happy. To answer the custom of waiting, perhaps we can say that since we wait until after Yom Kippur so that we can be joyful when reciting Kiddush Levanah, the waiting is itself a mitzvah, and this mitzvah helps tip the scales.
The Sefer HaChaim (siman 602, written by Rav Shlomah Kluger) brings a reason for why we there is no need to rush to recite Kiddush Levanah before Yom Kippur in order to add to our merits. He explains: Since the reason we don't recite it beforehand is due to ones (circumstances beyond control) and the Gemara (Berachos 6a, Shabbos 63a) teaches “If one intended to perform a mitzvah and was prevented by circumstances beyond control, it is considered as if he performed it", even if we don't recite Kiddush Levanah it is considered as if we did, therefore, it adds to our merits.
The Biur HaGra (siman 602) rules that one should recite Kiddush Levanah during the Aseres Yemei Teshuvah in order to add to our merits.
The Sdei Chemed (Asifas Dinim, Mareches Yom HaKippurim, siman 1, s.k. 1) brings from the sefer Ruach Chaim that it is preferable to recite Kiddush Levanah before Motzei Yom Kippur, because on Motzei Yom Kippur people are still wearing their Yom Kippur shoes, still afflicted and rushing to break their fast — not in a state of proper joy.
If one would wait before reciting Kiddush Levanah on motzei Yom Kippur until people have broken their fasts and have had time to change their shoes etc. this would take care of the issue. In fact, in many places this is what they do.
7) The Maharil (Hilchos Yom Kippur) brings this question from the Mahari Segal. He writes as follows: The Mahari Segal said that all his life he wondered: Why do we spend a long time with piyutim dealing with the soʼir hapenimi more than those dealing with the so'ir hamishtaleʼach? After all, the so’ir hapenimi atones only for tum'as Mikdash ve’Kodashav, as it says (Vayikra 16:16): “And he shall atone for the Sanctuary from the impurities of the Children of Yisrael." And that sin does not exist today — for, unfortunately, the Beis HaMikdash does not stand. But the so'ir hamishtaleʼach atones for all sins, as it says (16:21): “And he shall confess upon it all the sins of the Children of Yisrael."
The Maharil then brings two answers:
i) The atonement of the soʼir hamishtale'ach is dependent on the proper performance of the avodah of the so’ir hapenimi. If the avodah of the so'ir hapenimi is not performed correctly, it would invalidate the atonement of the so'ir hamishtaleʼach.
ii) The kedusha of the Mikdash has not been nullified. As it says (Tehillim 24:7): “Vehinosu pischei oilam", which means that its kedusha is eternal. Therefore, it is called Beis Olamim — the eternal house.
Thus, one who enters the Mikdash area today in a state of impurity — intentionally — is still liable for kares. And Jews outside of Eretz Yisrael daven for atonement on behalf of Jews in Eretz Yisrael, should they have defiled the Mikdash, for all of Klal Yisrael are responsible for one another.
The proof is: Every single person recites Al Chet in its full order, even if he is certain he did not commit several of the sins listed, why? Because all of Klal Yisrael are responsible for each other.