The Mitzvah of Repentance and the Mitzvah of Confession

The Mitzvah of Repentance and the Mitzvah of Confession – What is complete repentance, abandoning the sin, regret and confession, ways of repentance, the stature of one who returns in repentance, atonement for iniquities and rectification of transgressions between a person and their fellow, from our Master and Teacher, Head of the Yeshiva, the Kabbalist, The Righteous Rabbi Benayahu Shmueli, may he live for good and long days, Amen.

5th of Elul 5786 | Aug. 18 | 09:50

The Mitzvah of Repentance

It is written (Deuteronomy 4, 30) "When you are in distress and all these things have befallen you, in the end of days, you will return to Hashem your L-rd and listen to His voice." And it is written (ibid. 30, 1-2) "And it shall come to pass, when all these things come upon you, the blessing and the curse that I have set before you, and you take [them] to heart among all the nations where Hashem your L-rd has banished you there, and you return to Hashem your L-rd and listen to His voice’A.

The Mitzvah of Confession

It is written (Numbers 5, 6-7) "Man or woman, when they commit any of the sins of man to trespass against Hashem, and that soul becomes guilty, they shall confess their sin that they have committed"B.

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1. What is repentance? That the sinner leaves their sin and removes it from their thoughts and resolves in their heart not to do it again, as it is said (Yishayahu 55:7) "Let the wicked abandon his way" etc. And likewise, that they regret the past, as it is said (Yirmiyahu 31:19) "For after I turned back, I regretted." And He who knows secrets shall testify for them that they will never return to this sin forever, as it is said (Hoshea 14:4) "Nor shall we say any more to the work of our hands 'our Lord'" etc. And they must confess verbally and say these matters that they resolved in their heart. And anyone who confesses with words and does not resolve in their heart to abandon [the sin], behold, this is like one who immerses in a Mikvah [a ritual bath] while holding a creepy-crawly [creature] in their hand, for the immersion is of no benefit to them until they cast away the creepy-crawly; and so, it says (Proverbs 28:13) "And he who confesses and abandons shall be granted mercy." And one must detail the sin, as it is said (Exodus 32:31) "Ah, this people has sinned a great sin, and made for themselves gods of gold." C

2. What is a true penitent (ba'al teshuva)? For example, when an opportunity to commit a transgression comes to their hand a first time and a second time, and they are saved from it D.

3. Even a person who was wicked his whole life and repented in his final moments will not be reminded of any aspect of his wickedness, as it is said (Yechezkel 33:12) "And as for the wickedness of the wicked, he shall not stumble by it on the day he turns from his wickedness" E .

4. If one transgressed a positive commandment and repented — they do not move from there until they are forgiven, as it is said "Return, O faithless children." If one transgressed a negative commandment and did repentance — repentance suspends [punishment], and Yom Kippur atones, as it is said "For on this day He shall atone for you from all your sins." If one transgressed [prohibitions carrying penalties of] excision or death by court order and did repentance — repentance and Yom Kippur suspend [punishment], and afflictions cleanse, as it is said "And I will punish their transgression with a rod and their iniquity with plagues." But whoever has the desecration of G-d's name in their hand — repentance has no power to suspend, nor Yom Kippur to atone, nor afflictions to cleanse, but rather all of them suspend, and death cleanses, as it is said "And it was revealed in my ears by the L-rd of Hosts, surely this iniquity shall not be forgiven to you until you die." F

5. And let no person say that there is no repentance except for transgressions that involve an action, such as licentiousness, robbery, and theft. Rather, just as a person must repent from these, so too must they search out their bad traits that they have: and repent from anger, from hatred, from envy, from mocking, from pursuit of money and honor, from pursuit of food, and the like. From all of them a person must return in repentance. And these iniquities are harder than those that involve an action, because when a person is steeped in these, it is hard to separate from them G.

6. Every person needs to search and examine their deeds and return from them; and a doubtful transgression requires more repentance than a certain transgression H. And one should be especially careful to study books of ethics (mussar) I, through which they will see their standing and affairs. And one should isolate oneself every day for at least one hour and examine well the transgressions they trod upon with their heels.

7. Among the ways of repentance is for the penitent to be crying out constantly before Hashem with weeping and supplications, and performing charity according to his strength, and distancing himself exceedingly from the matter in which he sinned. And he should change his name, as if to say "I am another [person] and I am not the person who did those deeds." And he should change all his deeds to good and to an upright path, and exile himself from his place, for exile atones for iniquity, because it causes him to submit and to be humble and of low spirit J.

8. Even though crying out and shouting are always good for repentance, during the Ten Days between Rosh Hashanah and Yom Kippur it is even better and accepted immediately, as it is said "Seek Hashem when He may be found." When are these words said? Regarding an individual. But regarding a community, whenever they repent and cry out with a full heart they are answered, as it is said (Deuteronomy 4:7) "Who is as Hashem our L-rd whenever we call to Him" K.

9. The confession that all of Israel are accustomed to is: "Indeed, we have sinned." And this is the main essence of confession. Transgressions that one confessed to on this Yom Kippur, one returns and confesses to them on another Yom Kippur, even though one stands by one's repentance, as it is said "For I know my transgressions, and my sin is before me constantly" L.

10. It is forbidden for a person to be cruel and unappeasable; rather, one should be easily placated and hard to anger, and at the time when the sinner requests forgiveness, one should forgive with a whole heart and a willing spirit, even if the offender distressed him greatly and sinned against him much, one should not avenge nor bear a grudge. And this is the way of the seed of Israel and their proper heart. But the worshipers of stars [idolaters] who have uncircumcised hearts are not so, for their anger is kept forever; and so it says regarding the Gibeonites, because they did not forgive and were not placated, "And the Gibeonites are not of the children of Israel" M.

11. One who sins against their fellow, and their fellow dies before he could request forgiveness, brings ten people and stands them at the grave (of that person), and says in their presence: "I have sinned against Hashem the L-rd of Israel and to So-and-So, for such and such I have done to him." And if one owed him money, it should be returned to the heirs; if one did not know who their heirs were, one should deposit it in court and confess N.

Notes & Analysis

A. The author of Minchat Chinuch (Commandment 364) wrote that certainly repentance is a mandatory positive commandment: the Torah commanded that if one committed a transgression, one is obligated to perform repentance and also confession, like tefillin, matzah, and the like. Therefore, if one did not perform repentance, one acts improperly by violating a positive commandment at every moment, and if one dies without repentance, just as one is punished for the transgression, so too is one punished for the positive commandment of repentance that one was obligated to perform and did not perform. Until here his words. However, the Rambam in Hilchot Teshuva (Chapter 1, Halacha 1) wrote: "Any commandment... if one transgressed... when one performs repentance and returns from their sin, one is obligated to confess..." It is clear from his words that there is no positive commandment of repentance, but rather that when one performs repentance, one only comes to fulfill a positive commandment if one confesses verbally. And so is the language of the Composer of Sefer Hachinuch, therefore if one did not perform repentance, one receives no punishment at all for not having performed repentance, but only for the transgression that was committed.

B. The Rambam wrote (ibid.): Verbal confession is a positive commandment. How does one confess? One says: "Please Hashem, I have sinned, I have committed iniquity, I have rebelled before You, and I have done such and such, and behold I have regretted and been ashamed of my actions, and I will never return to this matter." And this is the essential core of confession, and whoever elaborates in confessing and speaks at length on this matter, behold, this is praiseworthy.

And from the roots of the commandment, the author of Sefer HaChinuch (Commandment 364) writes: Because through the admission of the iniquity by mouth, the sinner's thoughts and mindset become revealed, for he truly believes that all his actions are exposed before the Almighty Blessed be He, and he shall not make the eye that sees as if it does not see. Also, through mentioning the sin specifically and regretting it, one will be more careful another time not to fall into a pit one has already stumbled into, after having spoken explicitly: "I have done such and such and acted foolishly in my actions, and I have resolved never to do so again." And through this, one will be pleasing before one's Creator, for the Good Almighty One desires the good of His creatures and their guidance in the right path so that they may merit goodness.

C. Rambam (Ch. 5 Halacha 2 & 3) and our Rabbi Saadia Gaon (in the book Emunot ve-De'ot) wrote that if a person firmly resolved in their mind at the time of their repentance never to return [to the sin] again, their repentance is not invalidated when their evil inclination later overcomes them. Rather, they are forgiven for the iniquities prior to their repentance, and what they do afterward is written against them. And so, if this happens several times—that they perform repentance and relapse—they only have written against them what occurred after their repentance, since each time they were sincere in their mind that they would not return [to sin]. Up to here are his words.

And so it is explicitly stated in the Treatise on Repentance by our Rabbi, the Me'iri (Ma'amar 1, Chapter 9) that whoever confesses verbally but has not firmly resolved in their mind to abandon the sin is likened to one who immerses in a Mikvah (ritual bath) while holding a creepy-crawly creature in their hand, etc. For this is not called repentance when in their mind they have not firmly resolved not to return. And the repentance of one who repents in this manner is the repentance of the wolf: for the wolf, when it grew old, went to a wise old wolf to learn from him the ways of repentance, for he feared for his soul on account of his sins, as all his life he learned to tear, devour, crush, and prey upon with no one to save his victim. And the old wolf instructed him and taught him the ways of repentance. While they were talking, the young wolf raised his eyes and saw a lamb coming, and he said to the old wolf: "Speak briefly, for I am hungry and my L-rd has prepared [food] before me!" This is similar to one who confesses with his mouth while in his heart he intends to return to sin, and how can he think his repentance is beneficial? But it is not in the same category as a person, who at the time of repentance, firmly resolves in their heart to abandon his evil path— in a complete way. But afterward his evil inclination forces him to sin again, and so always; this [initial] repentance was indeed a valid repentance at the time it was performed, and it benefited for the previous sins. And this is by analogy to one who immersed in a Mikvah and after the immersion a creepy-crawly creature came into his hand: but at the time of the immersion he was not holding onto it; that even though he went back to being impure, nevertheless his immersion was an immersion, and the previous impurity departed from him. However, this conduct is an evil disease upon its owner, etc., as he continues in his words.

D. The Gemara in Yoma (86b) says: "in what way is a true penitent (ba'al teshuva) defined? Answered Rav Yehuda: For example, when an opportunity to commit a transgression comes to his hand a first time and a second time, and he is saved from it. Indicated Rav Yehuda: With the same woman, at the same time, in the same place." And Rashi explained: "With the same woman, in the same place—where he previously committed the transgression, and at the same time, from among similar times when his evil inclination was already overcoming him, and his aroused, and says to him: 'Look at this woman, in the same place, at the same time—get up and do what you did before!'"

And the Chatam Sofer wrote in his Responsa (Vol. 1, O.C. Siman 175) that the main essence of repentance is nothing other than abandoning the sin, regretting it in the heart, and confessing verbally; and immediately he is righteous and faithful. However, sometimes a person acts as mentioned above to deceive people, and he does this without heart, therefore we do not believe him until he displays a sign of repentance—such as going to a place where no one knows him and returning a lost item in an important matter (as explained in Gemara Sanhedrin 25b regarding when he is suspected of gaining money improperly, such as the case of a slaughterer (making false claims about the meat), and so too regarding other matters like this. But the Holy One, Blessed be He, who knows thoughts of a person, if he immediately repents with a resolve from now on and for the future, even though for what he transgressed he is not forgiven for prohibitions carrying excision or sins that are liable for execution by a court, until he is afflicted with afflictions, and if he does not wish to suffer afflictions and accepts upon himself mortifications, the Holy One, Blessed be He, afflicts him in order to atone for his iniquities that he transgressed; and one who wishes to exempt himself from Heavenly afflictions mortifies himself with afflictions to be exempt from Heavenly punishment. And all this is to be an atonement for him for the past, but for the future—as soon as he accepted upon himself not to return to his [bad] ways and deeds, and cries and confesses, and the sinner does not pride himself in his clothing and shaved hair and the like—he is immediately accepted without any fast. And mortifications are only to exempt one from Heavenly afflictions, and to estimate how much mortifications are equal to the sufferings needed for a prohibition carrying excision, we do not know to what extent.

E. Gemara Kiddushin (40b). And Rabbeinu Yonah wrote (Sha'arei Teshuva, Gate 1, points 2 - 6): And know that when the sinner delays to repent from his sin, his punishment becomes exceedingly heavy upon him every day, for he knows that wrath has gone out against him, and he has a place of refuge to flee there—and the refuge is repentance—yet he persists in his rebellion, etc. Delaying repentance is not found except among the simpletons (Amei Ha'aretz), who are sleeping, lying down, and do not take it to heart, having neither understanding nor discernment to hasten to save their lives. And there are among them those driven away from Hashem, Blessed be He, who do not believe in punishment for the sin. But our Rabbis of blessed memory said (Berachot 19a): "If you saw a Torah scholar commit a transgression at night, do not harbor thoughts about him during the day, for he has surely repented."

And further consider the evil of one who delays repentance: Were it not for the delay, now that the man repented, groaning in bitterness of heart, with trembling, anxiety, and tears flowing from his eye over his fallen state, then if his inclination meets him again and the sin is presented to his hand, he will subdue his inclination and remember the cup of bitterness that passed over him, and he will not add to drink it anymore, etc. But if he delays his repentance, when the sin comes to his hand, he falls into its snare as he fell at first, and his later iniquity becomes exceedingly great, and his evil ascends before Hashem; for at first he did not think that suddenly the plunderer would come upon him, but only after he saw the poverty of his strength and that his inclination prevailed over him and was too strong for him, he should have seen that he was vulnerable and devised counsel for his soul to add fear of Hashem upon it, to cast His fear upon it, and to escape from his inclination and guard against his iniquity. And furthermore, since he repeated his sin, his repentance becomes difficult, for the sin has become (in his own eyes, as if) permitted to him, and because of this, his sin becomes very heavy.

F. Gemara Yoma (86a). Rambam (ibid. Chapter 1, Halacha 4): There are severe transgressions for which repentance suspends [punishment] to protect him from afflictions, and Yom Kippur completes their atonement, such as one who transgresses a negative commandment—according to those who hold that it is not atoned for until repentance [comes]—repentance suspends and Yom Kippur atones. And so they said: For [transgressions punishable by] excision and death by decree of Heaven and death by court order, repentance suspends and Yom Kippur atones. And furthermore, they said: Any prohibition that is related to using Hashem's name in vain, namely,—"You shall not take the name of Hashem your L-rd in vain"— is a prohibition that is more severe than other negative commandments, for repentance does not atone for it, even according to those who hold that it atones for other negative commandments and above; rather, repentance suspends and Yom Kippur atones. Rabbi Yishmael disagrees and says: If one transgressed [prohibitions carrying penalties of] excision and death by court order intentionally—and did repentance, repentance and Yom Kippur suspend and afflictions cleanse, as it is said: "And I will punish their transgression with a rod and their iniquity with plagues." (See Gemara Yoma 85b, 86a).

And see in Rambam (Chapter 1 from Hilchot Teshuva, Halachot 2–4): The halacha is like Rabbi Yishmael, that for prohibitions carrying excision and death by court order, repentance and Yom Kippur do not finish atonement for him, and they are never fully atoned for him until afflictions come upon him. And there are those who wrote (R.Y. Lunil and Me'iri to the Mishnah there) that the halacha is not in accordance with Rabbi Yishmael, but rather repentance and Yom Kippur provide complete atonement even for severe transgressions, for as we learned in the Mishnah regarding severe transgressions—and included in this are prohibitions carrying excision and death by court order—repentance suspends and Yom Kippur atones.

For desecration of Hashem's Name—repentance has no power to suspend, nor Yom Kippur to atone, nor afflictions to cleanse, but rather all of them suspend and death cleanses.

G. Rambam (ibid. Chapter 1, Halacha 3).

H. The Rama wrote (Section 603): A doubtful transgression requires more repentance than a certain transgression, for one regrets more when one knows that one has committed a transgression than when one does not know, and therefore the guilt-offering (Asham Talui) needed to be more expensive than the sin-offering (Chatat), up to here are his words. And so it is explained in Avot De-Rabbi Natan (Chapter 30, Halacha 2): Rabbi Meir says, regarding anyone who commits a doubtful transgression, scripture accounts it to them as if they committed a certain transgression. How so? A sinner who sins and it becomes known to them brings a sin-offering worth a sela and a tenth of an ephah worth a pundion. A doubtful sinner who does not know whether they sinned brings a guilt-offering of misuse and its fifth, and brings a guilt-offering worth two sela'im, up to here are his words.

I. So too in Birkei Yosef and Mishna Berura

J. Rambam (ibid. Chapter 2, Halacha 4).

K. Rambam (ibid. Chapter 2, Halacha 6).

L. In the Gemara Yoma (87b): What does one say? Rav said: One says the prayer that begins: You know the secrets of the world, And Shmuel said that the prayer begins with: From the depths of the heart. And Levi said that it begins: And in your Torah it is written, saying, and one then recites the forgiveness achieved by Yom Kippur as stated in the Torah. Rabbi Yocḥanan said that it begins: Sovereign of the worlds... Rabbi Yehuda said that one says: For our iniquities are too many to count and our sins are too great to number. Rav Hamnuna said: This is the liturgy of the confession:  My L-rd, before I was formed I was unworthy. Now that I have been formed, it is as if I had not been formed. I am dust while alive, how much more so when I am dead. See, I am before You like a vessel filled with shame and disgrace. May it be Your will that I may sin no more, and as for the sins I have committed before You, erase them in Your compassion, but not by suffering. The Gemara comments: This is the confession that Rava used all year long; and it was the confession that Rav Hamnuna Zuta used on Yom Kippur.

Mar Zutra said: We said only that one must follow all these versions when he did not say the words: But we have sinned. However, if he said the words: But we have sinned, he need not say anything further because that is the essential part of the confession. As bar Hamdudei said: I was standing before Shmuel and he was sitting; and when the prayer leader reached the words: But we have sinned, Shmuel stood. Bar Hamdudei said: Learn from here that this is the main part of the confession, and Shmuel stood up to emphasize the significance of these words.

And so wrote the Rambam (ibid. Chapter 2, Halacha 8) and so wrote the Tur and Rama (Section 607, Paragraph 3), that the main essence of confession is that one says "I have sinned." And the Mishna Berura (Subsection 12) and Kaf HaChaim (Subsection 27) wrote that it is proper to say "We have sinned, we have committed iniquity, we have rebelled."

It is found in Tanchuma and brought in Kaf HaChaim (Subsection 31): "And the people came to Moshe and said: 'We have sinned.'" Since they said "We have sinned," he immediately was appeased with them. And it says elsewhere: Anyone who sins and says "I have sinned," the destroying angel has no permission to touch them. And it is brought in Shalmei Tzibur (page 148a) in the name of the R.D. Abudarham, and in Yafeh LaLev (Part 3, Letter 3).

M. Rambam (ibid. Chapter 2, Halacha 6).

N. Rambam (ibid. Chapter 2, Halacha 11). And so wrote the Shulchan Aruch (Section 606, Paragraph 2) and wrote the Kaf HaChaim (Subsection 40) that one must go barefoot, and if it is outside of three parasangs, one sends his messenger and shall say: "I am the messenger of So-and-So, confessing in public how I was sent, etc.," and the ten respond to him to say: "Forgiven to you, forgiven to you, forgiven to you."

And initially one should do so before ten men, and ex post facto, even if done before ten women, one does not need to trouble oneself further. (Rav Pe'alim, Part 2, end of siman, 2. Chazon Ovadiah, Laws of the Eve of Yom Kippur, Halacha 17).