Transcript

Is there a teshuva gemura?

איזהו בעל תשובה גמורה זה שבאת לידו דבר שעבר בו ואפשר בידו לעשותו ופירש ולא עשה מפני התשובה

lo miyirah velo mikishlon koach. So the peshat here is when the Rambam says lo miyirah, given especially according to the Rav's mahalach which at some point bli neder we'll discuss that the Rambam doesn't really depict teshuva me'ahava until perek zayin. So in perek bais, he's not really talking about teshuva me'ahava, so lo miyirah doesn't mean that the teshuva isn't motivated by yirah, but it means לא מיראה בני אדם. That is, he's not afraid of getting arrested, he's not afraid of getting in trouble with someone.

ולא מכשלון כוח כיצד הרי שבא על אשה בעבירה ולאחר זמן נתייחד עמה והוא עומד באהבתו בה ובכוח גופו ובמדינה שעבר בה

so the laws of the medina are no deterrent, it's the same medina,

ופירש ולא עבר זהו בעל תשובה גמורה. הוא ששלמה אמר זכור את בוראך בימי בחורותיך.

So we mentioned already last week that you see here again that equation between teshuva and remembering Hashem, which implies the equation between cheit rachmana litzlan and shikchas Hashem. And that again runs throughout this halacha.

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 נמחלים שנאמר עד אשר לא תחשך השמש והאור והירח והכוכבים ושבו העבים אחר הגשם שהוא יום מיתה מכלל שאם זכר בוראו ושב קודם שימות נסלח לו.

So I think the Sefer HaTeshuvah has an interesting commentary here, that so the Rambam has that the teshuva me'ulah is a person should be at the same stage of life, right, a controlled experiment. The only variable is whether or not he succumbs to the cheit, succumbs to the yetzer hara. The teshuva which is not the me'ulah, but nevertheless effective, is bimei ziknuso. And then the third example the Rambam gives is that it's a teshuva beyom hamisa. So I think the Sefer HaTeshuvah, I don't remember if he's quoting or if it's his own he'ara, just comments in the last case the Rambam doesn't say he's a ba'al teshuva. In the first two cases, he's a ba'al teshuva gemura; in the second case, he's a ba'al teshuva; in the third case, it's nislach lo, but he's not the gavra isn't the ba'al teshuva. There's an inyan of doing teshuva, and then there's an inyan of the gavra being a ba'al teshuva. So this distinction here in halacha aleph, it's very sharp. Hi'yuni, the distinction is a little bit dulled in the end of perek gimmel, this teshuva is a this distinction is a little bit dulled in the Rambam. I don't know if one would call it a stirah, but after the Rambam lists in perek gimmel, maybe we'll see some of it today, if not next time bli neder, the Rambam lists the twenty-four people רחמנא לצלן שאין להם חלק לעולם הבא. And then the Rambam says, bameh devarim amurim, if you have it, it's in the last halacha, gimmel yud daled,

במה דברים אמורים שכל אחד מאלו אין לו חלק לעולם הבא כשמת בלא תשובה אבל אם שב מרשעו ומת

vehu ba'al teshuva

הרי זה מבני העולם הבא שאין לך דבר שעומד בפני התשובה.

Again, it's not a stirah, but here the distinction doesn't emerge clearly, but it does in perek bais. So what does it mean which the Rambam will expand what it entails in Halacha Daled is that a person lives bi'teshuva not a person's a Baal Teshuva. A person does Teshuva and then Rachmana l'tzlan dies right away. He did Teshuva. He didn't live as a Baal Teshuva. A Baal Teshuva means that he goes forward having done Teshuva and his life subsequently reflects this fact. And a person is shav b'yom misaso so he did Teshuva and avonosav nimchalim but he loses the opportunity to live as in the aftermath of Teshuva, to live as a Baal Teshuva. Okay. What's Halacha Bais?

מה היא התשובה הוא שיעזוב החוטא חטאו ויסירו ממחשבתו ויגמור בליבו שלא יעשהו עוד שנאמר יעזוב רשע דרכו.

I hope we get tonight one of the things to talk about is the ve-yasiru mimachshavto but just for now, just once's met a person who was I guess a Baal Teshuva in the colloquial sense of the term. Right, in the real sense of the term halevai that we're all baalei teshuva halevai. But in the colloquial sense of the term and he was he was reminiscing with great gusto over his his previous life and you know some of the things he had done and the the fascination or the enjoyment wasn't wasn't absent from the wasn't absent from the description. So lav davka he wouldn't have he wouldn't have done it again. Whatever it is that he was reminiscing about he wouldn't have done again but ve-yasiru mimachshavto it wasn't. There has to be a certain not just, oh I wouldn't do that anymore, but there has to be a certain minimally, again we'll talk bli neder some more, but dismissal and of of of that type of of behavior. וכן יתנחם על שעבר שנאמר כי אחרי שובי נחמתי. I think we already spoke last week about the Avodas HaMelech talks about the sequence here in in the Rambam that first is the azivas hachet and then and then and only then can a person have a real yisnachaim a real yisnachaim. It's an interesting diyuk in the leshonot HaRambam here that I don't think we spoke about this last week. In Alef Alef when the Rambam was giving us the ikkar of viduy so the Rambam said va-harei nichamti u-voshti. Here he says it belashon hyspael וכן יתנחם על שעבר. I think the Frankel Rambam has it the same way. So I don't I looked I didn't see anyone didn't see anyone talk about it as a hashara but as a hashara b'alma sometimes the meaning of the the hyspael which is which is reflexive so again with some verbs so it's clear when it's when you use the hyspael and when you don't. So lirchotz means to wash but lav davka to wash yourself you can mean to wash wash a baby wash someone else and lehitracheitz means to wash oneself reflexive. But sometimes the reflexive is used to to to express an an intensity which is associated with it and that's what the the sense of putting it in the in the reflexive is. So I don't know so yitachen that what the teshuva is supposed to. Again, it's supposed to be a profound sense of regret and remorse. I don't know, but maybe when it comes to to claiming before Hakadosh Baruch Hu what it is that a person has actually done, so then maybe אמור מעט ועשה הרבה, that the din is, when the Rambam's telling us what what we should be aiming for, the aiming is for the yisnacham. When we're actually gonna claim to Hakadosh Baruch Hu what it is we've succeeded in doing, so maybe halevai that we should be able to to to say nichamti uvoshti. Veyoda'a ha-Yode'a Ta'alumos

שלא ישוב לזה החטא לעולם שנאמר ולא נאמר עוד אלהינו למעשה ידינו

ve-tzarich le-hisvados bisfasav ולומר ענינים אלו שגמר בלבו. This is a question in in the lashon ha-Rambam when he uses tzarich, what does tzarich mean? Does it mean something less than unequivocal chiyuv? Let's say in the the whole discussion whether or not tefila be-tzibbur is a chiyuv or is only a ma'ala. So at the end of the day, it it certainly is a meforsham machlokes in terms of what the shitas HaRambam is in Hilchos Tefila, also has a lashon of of tzarich. תפלת הצבור נשמעת תמיד לפיכך צריך האדם to do whatever he can to ledaven be-tzibbur. So what what is the the connotation of tzarich? So here again, on the one hand the Rambam doesn't write chayyav. Mi-idakh gisa, he just said in פרק א' הלכה א' that וידוי זה מצות עשה, so how can tzarich have any mashma'us less than unequivocal chiyuv? I I think in Berachos, I think we we came across a Biur Halacha who who who addresses this question, what the mashma'us of tzarich is. You have it also, mistama do a word search, it must be many many times, but but the other example that comes to mind, the one that's surprising if tzarich is mashma anything other than chiyuv, is by the din of מתחיל בגנות ומסיים בשבח in Hilchos Chametz u-Matzah. Rambam says צריך להתחיל בגנות ולסיים בשבח. He doesn't doesn't say chayyav. So but here this is even likh'ora more more remarkable in terms of likh'ora here what did it bother the Rambam to say that chayyav the the hisvados? Halacha Gimel.

כל המתוודה בדברים ולא גמר בלבו לעזוב הרי זה דומה לטובל ושרץ בידו שאין הטבילה מועלת לו עד שישליך השרץ וכן הוא אומר ומודה ועוזב ירוחם.

So here this moshal of of teshuvah to a tovel vesheretz beyado is a moshal Chazal. You find it in Gemorah Chagigah. The Rishonim have different pshatim. I think Rashi says that the Gemorah is talking about a case of a gazlan who's who's being misvadeh on gzeila and the gzeila still beyado. He hasn't even החזיר הגזילה לבעלים. And that's almost literally the the analogy of tovel vesheretz beyado that that that he's machzik the gzeila beyado. The Rambam of course says his pshat, that it means that it's insincere, that metaphorically he's holding on to his aveiros, he's holding on to his way of life while again going through the motions of tefila, which is the nimshal, the analog to tvila. Rabbeinu Bachya in Chovos HaLevavos has an incredible on a practical level, very scary pshat, on a conceptual level very beautiful pshat. Rabbeinu Bachya in Chovos HaLevavos says like this. He says, so I I make my cheshbon ha-nefesh and I discover that I have X aveiros. Whatever the value of X is. And I do teshuvah for X minus something. I don't do teshuvah for all the aveiros. Says Rabbeinu Bachya, even that's a bechina of tovel vesheretz beyado. The Rambam's talking about I'm doing teshuvah for lashon hara but I don't really, haven't really resolved to stop talking lashon hara. That I'm doing teshuvah for lashon hara but I haven't... resolved to be more careful about tiltul muktzeh on Shabbos, the Rambam doesn't call that a bechina of toveile ve-sheretz beyado. Rabbeinu Bachya says and in again just the way if you look how he quotes it in Sha’ar ha-Teshuva, Chovos ha-Levavos, so it seems pretty clear that Rabbeinu Bachya learned pshat in this Gemara that if I'm not resolving to do Teshuva for tiltul muktzeh on Shabbos, my Teshuva for lashon hara is toveile ve-sheretz beyado. Again, practically very scary and sobering, conceptually it has to do with what we were talking about last week how on the one hand while it's true that every aveira has its own yetzer hara, has its own dynamic, but there is a tzad hashaveh to every aveira. The tzad hashaveh to every aveira is that because of a lack of שויתי ה' לנגדי תמיד, a person is able to be over on ratzon Hashem, and that if a person would realize הקדוש ברוך הוא עומד עליו ורואה במעשיו and that there's din ve-cheshbon, so then it's impossible to keep that in sharp focus and be over aveira is almost impossible. So given that common denominator to every cheit, how can a person really be mesakein one cheit without undertaking to be mesakein kol chata’av? I'm not addressing that element of the cheit. This bli neder could be that what we'll get to tonight, I'm not sure. Question is on a practical level, mistama Rabbeinu Bachya is gonna concede that a person can't work on everything at once. Let's say a person when he makes his cheshbon hanefesh, again, comes up with so many middos that he has to be mesakein. L’maise, just teva b’nei adam l’chora is that a person has to be, can't concentrate equally and yet effectively on everything at once. That mistama is a metzius that Rabbeinu Bachya is not gonna deny. So mistama Rabbeinu Bachya means is lav davka that everything is my number one priority. B’metzius, Halevai that we had so few chata’im that whatever chata’im we had could all be made a number one priority, Halevai. But pending that metzius, so it means that a person be-khlal is not, don't bother me with that, as opposed to I want to do Teshuva on everything. L’maise, in terms of what I'm walking around all day thinking about, I'm walking around all day thinking about this mida ra’ah and not necessarily about equally just because it's not possible. Mistama ones Rachmana patrei is gonna be true here as well. But we'll bli neder probably have more to say about that also. צריך לפרוט את החטא shene’emar

אנא חטא העם הזה חטאה גדולה ויעשו להם אלהי זהב.

There's a machlokes tanna’im in Yoma. The Rambam paskens that you have to, again depending upon what tzorich in the Rambam means, Shulchan Aruch certainly says it's not me’akeiv. In Shulchan Aruch it says that pirut hacheit does not me’akeiv. Again depending upon how you understand tzorich, that is either against the Rambam or not. But in Shulchan Aruch it's clearly not me’akeiv. And again l’chora that opinion also reflects the again the common denominator to every cheit because after all the viduy is sort of a mirror of the Teshuva. So the same way Teshuva is individualized, so why shouldn't the viduy be individualized? So yitachen, yitachen again that it also reflects this idea of the common denominator of cheit. Halacha daled.

מדרכי התשובה להיות השב צועק תמיד לפני ה' בבכיה ובתחנונים ועושה צדקה כפי כחו ומתרחק הרבה מן הדבר שחטא בו ומשנה שמו. משנה שמו כלומר אני אחר ואיני אותו האיש שעשה אותן המעשים ומשנה מעשיו כולם לטובה ולדרך ישרה וגולה ממקומו שגלות מכפרת עוון מפני שגורמת לו להכנע ולהיות עניו ושפל רוח.

So you have a few just comments in terms of pshat. I don't have a full zman. Thank you. So the Rambam here is clearly expanding right on the nosay kelim quote from the Gemara in Rosh Hashanah of things which are מקרע גזר דינו של אדם which we right after Unesaneh Tokef, right after Unesaneh Tokef? No, which we before, before which we have in the piyut in Yamim Noraim of ותשובה ותפילה וצדקה מעבירין את רוע הגזירה. So the tefilla, matter of fact in some machzorim I think it says on top of tefilla it says either the word bekol or it says tza'aka. The Gemara in Rosh Hashanah takeh quotes the Gemara in Rosh Hashanah I think has the lashon tza'aka, not lashon tefilla, lashon tza'aka ויצעקו אל ה' בצר להם וממצוקותיהם יושיעם. So one of the again one of the things which the Gemara says is מקרע גזר דינו של אדם and the Rambam presents as being midarkei hateshuva. Darkei hateshuva means that teshuva is a lifestyle. It's not just an event, not just something a person does, but as an entire lifestyle. So the Rambam is clear to emphasize to use the word tza'aka. So the Rambam has in the beginning of Hilchos Ta'anios first in the koteret and then in the halachos itself

מצות עשה אחת והיא לזעוק לצעוק לפני ה' בכל עת צרה גדולה שתבוא על הציבור.

Dehainu that there's a special חיוב תפילה בעת צרה above and beyond the Rambam's mitzvas asei de'oraisa to davven every day. So the Rambam has a special חיוב תפילה בעת צרה. When the Ramban discusses the mekoros the Rambam quotes that suggest that tefilla is de'oraisa so he says they're either an asmachta or if they're not an asmachta then he says maybe it refers to eis tzara. So the emes is that the Rambam himself also has a special mitzvah be'eis tzara but unlike the Ramban he thinks that's in addition to the regular chiyuv tefilla. But it's interesting right the leshonos obviously are very different that in Hilchos Tefilla when the Rambam tells us what the mitzvah is so it's

מצות עשה אחת מצוה אחת לעבוד את ה' בכל יום בתפילה.

In the halachos מצות עשה להתפלל בכל יום. So when the Rambam talks about davvening he says lehitpallel. And in Hilchos Ta'anios he says מצות עשה אחת והיא לצעוק לפני ה' and again in the halachos מצות עשה מן התורה לזעוק. So the pashtus is that the and then he tells you and again in halacha daled that zo'akin bitefillos umischananim. So the pashtus is that the Rambam's that there are two ways of davvening. Right? A person can davven, a person can davven lehitpallel. And then when a person feels an eis tzara so then a person doesn't he's not just mispallel but he zo'ek bitefilla. He's not just mispallel he's tzo'ek bitefilla. It's a different different mode of davvening. The mashal I think that we can really relate to is like we all say the bracha refa'einu daily. Rachmana litzlan a person has someone close to him who's seriously ill rachmana litzlan so then the refa'einu is said differently. It's not said the same way. So itachen that the implication here in beiz daled the Rambam's telling us that midarkei hateshuva a person experiences the need to do teshuva the need to cleanse himself from chet as an eis tzara. So it's not just that he's מתפלל תמיד לפני ה' but it's tza'aka, the same lashon that the Rambam uses for eis tzara. When that Gemara in Rosh Hashana about the devarim which are מקרעין גזר דינו של אדם mentions shinui maiseh, so there's a schverre Rashi there that the Radbaz asks on. So Rashi says eppes that if a person let's see it now...

ארבעה דברים מקרעין גזר דינו של אדם אלו הן צדקה צעקה שינוי השם שינוי מעשה.

Shinui maiseh shav merah aso Rashi says, which sounds like it's just simply he stops ganven, he stops doing whatever whatever cheit he's been guilty of. So the Radbaz asks that that's a zechus of

מקרעין גזר דינו של אדם? מקרעין גזר דינו של אדם

means above and beyond, something which isn't just the the basic essentials of of teshuva. So clearly the Rambam like I think the Radbaz here, al asar says as well, it's clear when the Rambam says that shinui maiseh means that a person changes even that which which weren't aveiros. Even even his ich veis his bein adam lachaveiro that he wasn't being rude, that he wasn't being pogei'a in other people, but as darkei hateshuva is that a person there's a total overhaul. And that a person improves everything, everything. It means even if a person has been davening with let's say an acceptable level of kavana, pushes it up one notch as part of darkei hateshuva. Even if a person's bein adam lachaveiro is acceptable, is acceptable, pushes it up pushes it up a notch. That's what shinui maiseh means. At the end the Rambam says goleh mimmekomo

שהגלות מכפרת עון מפני שגורמת לו להכנע ולהיות עני ושפל רוח.

So here lichora the lashon in the Rambam indicates as follows. The Rav has in al hateshuva and and he says basically the Minchas Chinuch already says it, in in the Minchas Chinuch raised his famous question that when the Rambam writes in perek alef of hilchos teshuva that viduy is meakeiv. Without viduy there's no kappara. So the Minchas Chinuch asks from the sugya in Kiddushin of mekadesh es haishah על מנת שאני צדיק גמור that אפילו רשע כל ימיו mekudeshes, the Rambam the Tur mean safek mekudeshes shemma hirhir belibo teshuva. I, we didn't hear him we shemma hirhir belibo we certainly we had our hearing aids turned to the high here, we we certainly didn't hear him say any any viduy. So you see that you can have the teshuva without without viduy. So the Rav has he he talks about in Ish Hahalacha and again it's I think he's metzayen that basically the Minchas Chinuch has the yesod already that הפקעת שם רשע לחוד and kappara lechud. That teshuva is po'eil again to להפקיע את שם רשע, to change the person from a rasha to a tzaddik. That a person can be changed from a rasha to a tzaddik but he still has to pay his debt, he's still he's still liable rachmana litzlan for the onesh. So that's an inyan of an inyan of kappara. So kappara and teshuva are not interchangeable. Kappara and teshuva are not are not inseparable. A person can have a teshuva again which in terms of hafkahas shem rasha at any at any rate is a teshuva me'ula and mo'eles, but it won't be a teshuva which has afforded kappara. So the Rambam seems to say that the inyan of of golus is not so much that he's emphasizing that it's a hanhaga... Which is part of teshuvah per se, but rather it contributes to the kapara. Now that's the emphasis here in the Rambam. That the experience of feeling hachna'ah, anavah, and shiflus haru'ach, that that is a source of kapara. Right, al derech mashal, be'ofen shel drush, of veniklah achicha le'enecha is keivan sheniklah, so then he's your brother. If the person didn't get any of the malkus yet and loses bodily control and which is humiliating, so keivan sheniklah is achicha. So the experience of becoming of hachna'ah, anavah, of shiflus haru'ach is a source of kapara.

שבח גדול לשב שיתוודה ברבים ויודיע פשעיו להם ומגלה עבירות שבינו לבין חברו לאחרים ואומר להם אמנם חטאתי לפלוני ועשיתי לו כך וכך והריני היום שב ומתנחם.

So again, here too, we were talking before about the difference between nichamti with an aleph-aleph and yisnatchem in beis-beis. So there's this, here it's something he's saying, right? So does that sort of contradict the suggestion we made earlier? So lichora not. Because over here, when it's something bein adam lachavero, so then aderaba, since the whole point is that part of pacifying and part of mollifying his friend is by publicly doing teshuvah, so then it undercuts the teshuvah to minimize one's expression of nechama. When it's addressed to Hakadosh Baruch Hu, so then that's the bechina of im me'at of nichamti. When the whole point is that everyone should know how much you're mechabed this person by showing how much you regret what you did to him, so then that's not a time to be mema'et. And so lichora, again I don't know if that was correct, but this doesn't challenge it lichora.

וכל המתגאה ואינו מודיע אלא מכסה פשעיו אין תשובתו גמורה שנאמר מכסה פשעיו לא יצליח. במה דברים אמורים בעבירה שבין אדם לחברו אבל בעבירה שבין אדם למקום אינו צריך לפרסם עצמו ועזות פנים היא לו אם גילם אלא שב לפני האל ברוך הוא ופורט חטאיו לפניו ומתוודה עליהם לפני רבים סתם וטוב לו שלא נתגלה עוונו שנאמר אשרי נשוי פשע כסוי חטאה.

So this is our Gemara in Yoma where the Gemara juxtaposes these two psukim of mechaseh pshav with אשרי נשוי פשע כסוי חטאה. And the Gemara gives two answers. One answer is a chilek between bein adam lachavero and bein adam lamakom, and one distinction is between betzina and befarhesya. So the way that the Avodas HaMelech quotes the Kesef Mishneh, the Lechem Mishneh, and this is not, whatever, this is the way that we'll learn, is that the pshat is that in halacha hey, the Rambam is talking about aveiros befarhesya. And the Rambam holds that there's a machlokes between the two leshonos, and the lashon that distinguishes between bein adam lachavero and bein adam lamakom says that by bein adam lamakom, even though the aveira was befarhesya, a person's viduy in terms of peirut hachet needn't and shouldn't be befarhesya. Whereas if the aveira bein adam lachavero was befarhesya, so then the viduy should be befarhesya, should be befarhesya. And not, meaning this havana in the Rambam, la'afokei from saying that the Rambam is saying that even if the aveira bein adam lachavero was betzina, that the teshuvah should be befarhesya. It's hard, even though the lashon haRambam doesn't necessarily spell this out, it's hard to besides the just minei ubei difficulty in, but there is, there is a Rambam in Hilchos Chovel Umazik, where the Rambam talks about the chovel bachavero, the din is ischayev chamisha devarim. So what happens if a person is modeh in Beis Din? What happens if chiyuvey mamon, a person is modeh, chayav mamon, he's chayav. He says nezek and tza'ar are more, more in category of knas, so he's not chayav. And boshes, agam that it's a knas, but he's chayav because right now when he's modeh that I was mevayesh him, he's mevayesh him a second time. Okay, so that's, there's a whole diyun there, but, but are you really chayav on boshes devarim? The second time it's only boshes devarim, there's no ma'aseh. He's not spitting at him, he's not, he's not hitting him, he's not. Okay, but whatever the Rambam says, whatever the pshat in the Rambam is, he says that, that for boshes he's chayav, not because of הודאת בעל דין כמאה עדים דמי that you were mevayesh him yesterday, because you're mevayesh him right now by telling the story of what it is you did to him to be mevazeh him yesterday, so you're being mevazeh him today as well. So it's hard to imagine that, that in the reisha of Halacha Heh, the Rambam's talking about an עבירה בין אדם לחבירו which was b'tzina, and that it's a shevach gadol to be mefarseim the teshuvah with all the, all the, all the gory details of עשיתי לו כך וכך. So that's why mistama the simple pshat is that the Rambam here is, is the whole halacha is about aveiros b'farhesya.

אף על פי שהתשובה והצעקה יפה לעולם בעשרה ימים שבין ראש השנה ויום הכיפורים היא יפה ביותר ומתקבלת מיד שנאמר דרשו ה' בהמצאו במה דברים אמורים ביחיד אבל ציבור כל זמן שעושים תשובה וצועקים בלב שלם הם נענים שנאמר כה' אלוקינו בכל קראנו אליו.

So we were just looking before during seder, what's pshat in this Rambam here? In aleph daled, so the Rambam gave us the chilukei kapparah. So a mitzvas asei, a person does teshuvah, אינו זז משם עד שמוחלים לו, mitkabbalas miyad. Other things, it's not so quick. A lo sa'asei, a person has to wait until Yom Kippur. So teshuvah is, is tolah, Yom Kippurim is mechaper. V'chamuros, krisos mises beis din, so then תשובה ויום הכיפורים תולין, yissurim is mechaper. And chillul Hashem rachmana litzlan, teshuvah, Yom Kippurim, yissurim all tolin, and misa, yom hamisa is mechaper. So what's the Rambam talking about here when he says that teshuvah is mitkabbalas miyad? He's talking about mitzvas asei? A mitzvas asei, teshuvah is mitkabbalas miyad right now also, right now also. If he's talking about a mitzvas lo sa'asei, it's not mitkabbalas miyad, the person has to wait until Yom Kippur. So the Frankel Rambam is metzayein that Rav Aharon Kotler and Rav Hutner apparently שניהם נתכוונו לדבר אחד, and they say that the Rambam here is telling us a chiddush atzum, that the koach of Aseres Yemei Teshuvah is, is that it transcends the chilukei kapparah. And when the Rambam is saying that mitkabbalas miyad, again, there's no chiddush if he's talking about mitzvas asei, that's not a chiddush of Aseres Yemei Teshuvah, that's true, it's always true. That the koach of Dirshu Hashem behimatze'o of Aseres Yemei Teshuvah is that it transcends the chilukei kapparah.

יום הכיפורים הוא זמן תשובה לכל ליחיד ולרבים והוא קץ מחילה וסליחה לישראל לפיכך חייבים הכל לעשות תשובה ולהתוודות ביום הכיפורים.

So חייבים הכל לעשות תשובה. So this is a little bit, a little bit of a tzaruch iyun on those, again, we didn't really discuss this, the, the most famous topic in the Rambam's Hilchos Teshuvah is, is teshuvah a mitzvah according to the Rambam or is only vidui the mitzvah? Maybe arichus devarim in aleph aleph. And then here, I think the Rav and others point to this, I mean here the Rambam certainly is talking about a chiyuv teshuvah. On the other hand, he is talking about Yom Kippur. So some compare this to the famous Rabbeinu Yonah in Sha'arei Teshuvah. Rabbeinu Yonah says in a couple of places in Sha'arei Teshuvah, he quotes the Gemara of the arba'ah chilukei kapparah and says: maybe you'll ask, how can you say these arba'ah... chilukei kapara, it's against the pasuk

כי ביום הזה יכפר עליכם לטהר אתכם מכל חטאתיכם לפני השם תטהרו.

So doesn't the pasuk say mefurash that מכל חטאתיכם לפני השם תטהרו, that you're going to have a clean slate מכל חטאתיכם ביום הזה? So how can the Gemara tell us that there are arba'ah chilukei kapara? So Rabbeinu Yonah says, no, the question is based on a misreading of the pasuk. Lifnei Hashem titoru isn't a havtacha, lifnei Hashem titoru is a tzivuy. It's a mitzva that the Torah's saying beyom hazeh מכל חטאתיכם לפני השם תטהרו, that it's addressing us and telling us, you have a chiyuv mikol chatoteichem to be metaher yourselves and do teshuva. Now what you will accomplish with that teshuva, what returns you're going to get in that teshuva, so ayen the arba'ah chilukei kapara. And that the lifnei Hashem titoru, titoru is not a lashon havtacha in this context, but it's a lashon tzivuy and it's telling us it's a tzivuy, and that's where Rabbeinu Yonah says there's a special chiyuv to do teshuva on Yom Kippur. Then the question arises, assuming that there is a chiyuv teshuva all year long, so what's special and what's unique to the chiyuv teshuva on Yom Kippur? Is it just the lav of lo ta'aseh bishnei asen that the shvita asen is not so mistaber? So there are two answers suggested. I think Rav Hutner talks about this somewhere in Pachad Yitzchak. I think the Rav also has in this somewhere, I forget where. One is that Rabbeinu Yonah, the lashon of Rabbeinu Yonah that the Avodat HaMelech quotes is that

מצות עשה מן התורה להעיר האדם את רוחו לחזור בתשובה ביום הכפורים כי מה שנאמר לפני השם תטהרו מצות עשה על התשובה שנחפש דרכינו ונחקור ונשובה אל השם ביום הכפורים ואף על פי שנתחייבנו על זה בכל עת החיוב נוסף ביום הכפורים.

So I think Rav Hutner suggests, I think it's Rav Hutner who says this, that all year long a person's chiyuv teshuva is if I'm aware of the fact that I was chotei, I have a chiyuv teshuva. I don't have a chiyuv to go searching. There's no search and destroy mission all year long. But on Yom Kippur a person has a chiyuv of nachpesha dracheinu, a person has a chiyuv to search out, to identify chata'im which he may not yet be aware of. That that's what's added in the chiyuv teshuva of Yom Kippur. I don't remember if the Rav spells this out or this is an idea which can be suggested al pi, al pi mishnato. The Rav for instance talks about shitat Rabbi that Yom Kippur is mechaper afilu beli teshuva. And he says even according to that shita mechudeshet of Rabbi that Yom Kippur is mechaper even leshe'einam shavim, kapara yes, but tahara no. There's a difference between kapara, atonement, which means okay, there's an amnesty. So even though you didn't pay your taxes and really you should have to pay tremendous fines on the unpaid back taxes, there's an amnesty. That's a kapara. Tahara means that the person is purified. So even Rabbi doesn't think that Yom Kippur is metaher a person without his active involvement without teshuva. So based on that distinction between just kapara and tahara, so yitachen that could also be another difference between the chiyuv teshuva of Yom Kippur and all year long, that on Yom Kippur the Torah says lifnei Hashem titoru, not just, again there's a difference between just doing teshuva and an act of tahara. Okay, there's more to say about it, maybe we'll pick up here next time be-ezrat Hashem.