There are two issues that we must analyze in order to obtain a proper understanding of the concept of Teshuva (repentance and return to God.) First, we have to answer the question: What is the relationship between Teshuva which is an internal process and Vidui or confession of sin, which is a verbal or external act?
Second, can an internal process like Teshuva ever be commanded if the individual does not truly feel the need to repent? We will take each question in turn.
Teshuva and Vidui:
At the beginning of Hilchot Teshuva (Laws of Teshuva) the Rambam makes the following statement:
"Every commandment of the Torah, whether positive or negative, if one transgressed any of them, whether intentionally or accidentally, when (or if) he does Teshuva and returns (or repents) from his sin, he is obligated to confess before God. . . this act of confession is a positive commandment. . . . " (Mishneh Torah, Hilchot Teshuva 1:1.)
We see from here that the Rambam makes a distinction between the concept of Teshuva and confession (Vidui). He states that when or if the sinner does Teshuva, he is obligated to confess before God. Thus, we see that Vidui is not part of Teshuva, but rather occurs after Teshuva has been completed. Teshuva is an internal process which is truly known only to God. Confession, although it is connected to Teshuva, is an external act. Only after the internal process occurs can one express it openly and verbally.
In the second chapter of the Laws of Teshuva, the Rambam describes the process of Teshuva. His language, however, leaves room for ambiguity. He states:
"What is Teshuva? The sinner should abandon the sin and remove it from his mind and determine in his heart that he will never do it again. . .also, he should regret the fact that he did it in the past. . . and the one who knows all secrets (i.e. God) will testify on his behalf that he will never again return to commit that sin. . .and he has to express with his lips and state those matters that he concluded in his heart." (Ibid 2:2.)
The way this is stated seems to be ambiguous. Is the Vidui the final step in the process of Teshuva and is the Rambam modifying the first halakha? Or do the two remain totally separate as was indicated in the first halakha?
The Minchat Chinuch attempts to explain the nature of the connection between Teshuva and Vidui. In his analysis, there is only a tenuous connection between those two concepts. Each operates within its own framework. Teshuva must be seen as a specific entity which is described several times in the Torah which indicate that it is efficacious in providing forgiveness or Kapara, without the necessity of a verbal confession. He states:
"Teshuva by itself even if it is only in the heart, (i.e. without a verbal confession) if one repents with a full heart, God accepts his Teshuva . . .for the purpose of Kapara for the transgression which he has transgressed he is forgiven by doing Teshuva in his heart and this includes those who are liable to Karet or capital punishment by the Court and those liable to Malkot or flogging. . . If he does not repent in his heart, he receives no forgiveness from God, and if he does repent in his heart he does have forgiveness. . .but it is not at all connected to open confession or Vidui." (Minchat Chinuch,on Sefer Hachinuch Mitzvah 364.)
What then is the purpose of Vidui?
It is a positive commandment like all other positive commandments in the Torah to openly state the Vidui and if he does not say it openly, he nullified a positive commandment , but nevertheless, for the purpose of Kapara for the transgression that he sinned, he is forgiven with the Teshuva in his heart. Ibid.
To demonstrate the efficacy of the purely internal process of Teshuva the Minchat Chinuch cites the following Talmudic passage: “If one sanctified a woman for marriage based upon the condition that he is a righteous man, even if he is actually a totally wicked person, the woman is nevertheless betrothed for perhaps in his heart he did Teshuva at the last moment.” (Kiddushin 4a.) This is despite the fact that he did not verbally express the Vidui. (Minchat Chinuch Ibid)
The Minchat Chinuch, however, ultimately revised his position based upon several rulings of the Rambam. The Minchat Chinuch states, “in the Rambam, however, it is clearly obvious that Kapara (forgiveness of sin) is based primarily upon verbal confession which follows the Teshuva.” (Ibid.) This is demonstrated by the following statement,
T"hose who are obligated to offer sin or guilt offerings, when they bring their sacrifices either for accidental or deliberate commission of sins, they are not forgiven because of their sacrifices until they do Teshuva and confess. . .also those liable to the death penalty or to flogging are not forgiven until they do Teshuva and confess." (Mishneh Torah, Hilchot Teshuva 1:1.)
If Vidui is necessary for Kapara, what then is the relationship between Teshuva and Vidui and how do we explain the Talmudic passage in Kiddushin cited above that one who merely does an internal Teshuva without Vidui is already considered to be a Tzaddik?
The Minchat Chinuch is thus led to posit the following proposition and distinction which is very difficult to understand or explain.
"In truth the status of being righteous (Tzaddik) or wicked (Rasha)is totally not based upon the forgiveness of sin . . .When one regrets (his past transgressions) and returns (to God) he is a righteous man before God, even though he has no forgiveness (Kapara) from God from only doing forgiveness in his heart. Nevertheless, he is a tzadik because he regrets his actions before his creator and this (status of being a tzadik) has nothing to do whatsoever with receiving Kapara." (Ibid.)
This conclusion is repeated again, but more adamantly later in the Minchat Chinuch’s lengthy analysis.
"What we said above that although the lack of Vidui prevents Kapara, he himself is a Tzadik if he did internal Teshuva . . .it is true, correct and clear that being righteous or wicked is not based upon Kapara and according to this, we can understand what we explain that the opinion of the Rambam is that not having Vidui prevents Kapara and nevertheless he is not a wicked person, but a complete Tzadik. . . for it is only through Teshuva in the heart that one is a Tzadik."(Ibid.)
What can this analysis possibly mean in light of the following statements of the Rambam?
"Great is Teshuva for it brings man closer to the presence of God (Shechina). . . Yesterday this person was hateful before God, despised, distant and an abomination and today he is beloved, pleasing, close and a friend." ( Mishneh Torah, Hilchot Teshuva, 7:6)
"How valuable is the quality of Teshuva, yesterday he was separated from God the Lord of Israel, crying out an not being answered. . .and today he is bound to the Shechihna, crying out and immediately being answered." (Ibid. 7:7.)
Finally:
"A person who is a Baal Teshuva should imagine that he is separated from the righteous because of the sins and transgressions he has committed. That is not the case, but he is beloved and pleasing before the Creator as though he had never sinned." (Ibid 7:4.)
If all this is correct, how then could one be a Tzadik and close to God if God had not forgiven his transgressions because Vidui did not occur? How could he be full of sin, but yet close to God and pleasing to him?
Are the terms Tzadik and Rasha simply words without content?
Additionally, why is Vidui altogether necessary if God can look into one’s heart and know if he repented? What does Vidui add to this equation?
It may be possible to reconcile the apparent contradiction which is proposed by the Minchat Chinuch of the concept of a Tzadik who is nevertheless absent of any Kapara and also explain the importance of Vidui in the following manner: First, as we saw above, there are many instances in Jewish law when Kapara is not automatically granted for one who does Teshuva, but requires additional conditions for it to be operative:
"Even though Teshuva atones for everything and the day of Yom Kippur itself atones, there are transgressions where the Kapara occurs immediately and there are transgressions where there is no Kapara except after a period of time." (Mishneh Torah, Hilchot Teshuva 1:4.)
Examples of where there is a period of time between Teshuva and Kapara are those where Kapara can only occur on Yom Kippur, or those which require affliction after the Teshuva, and there are others where Kapara cannot occur until death. See Ibid. In a similar fashion, Teshuva does not bring about Kapara until the process of Vidui. Vidui is one of the conditions for Kapara to be effective and is separated from the Teshuva and must occur after Teshuva.
In a more profound manner, Teshuva should be understood as a dual process: one which is individual and the other as communal. On an individual level, Teshuva is personal and resides completely upon the feeling and internal state of mind of the individual. Thus, in the case of one who betrothed a woman on the condition that he is a Tzadik, that can occur any second prior to the betrothal for it is totally dependent upon his will and understanding. If he regrets his past transgressions and is dedicated never to repeat them, than as far as his feelings and belief are concerned, he may be considered a Tzadik and his condition (T’nai) for the betrothal has been fulfilled.
Kapara, however, is linked to a communal expression of Teshuva. It is based upon the public confession of the high priest on Yom Kippur. It entails a public petition for forgiveness by God. Thus , even today, in the absence of a high priest, the individual is required to ask for forgiveness by openly expressing a Vidui or confession of sin. He does this not as an individual, but to include himself as a member of the community of Israel, even if he is the only one who hears that confession. The Vidui is the process which connects him and establishes him as a member of the people of Israel. When he receives Kapara, it enhances the status of the entire people of Israel. It is for this reason that a Vidui must be verbally spoken.
The Torah thus teaches us that it is not sufficient to be a Tzadik in your own heart and separated from the people of Israel. A true Tzadik always recognizes that he is part of the people and is linked to them by a common history and destiny.
Can Teshuva be Commanded?
Our analysis or dissection of Teshuva must now probe deeper into the very core of Teshuva itself. There are several statements in the Torah which either imply that Teshuva should be undertaken by individuals and also prophesy as a certitude that it will be undertaken by the community as a whole. We must thus ask the question, if Teshuva is purely an emotional process how can it be commanded or required by the Torah? One either feels the need to do Teshuva or he does not. We must thus entertain a different approach. Teshuva can be commanded or required if at heart it is a cognitive process which is rooted in reason and not emotion .
It is ironic that we can demonstrate this proposition from the Rambam himself despite his initial statement (Teshuva 1:1) which implies that Teshuva occurs in its own time and cannot be a mitzvah to be commanded. Indeed it is ironic that the Rambam himself cites all the Torah passages (Teshuva Chapt. 7) which either command or prophesy the requirement of Teshuva.
This proposition that Teshuva at heart is cognitive rather than emotional can be seen in the following proposition set forth by the Rambam.
"What is complete Teshuva? It is the situation which enabled one to transgress and the situation occurs again and he is still able to transgress, but he stepped away and did not transgress because of Teshuva . . . How does this occur? One who has transgressed with a woman (forbidden to him) and after some time was again secluded with her and was still in love with her and had the physical ability to transgress and was in the same environment (where he initially transgressed) but withdrew and did not transgress. He has fulfilled complete Teshuva. This is what Solomon said ‘remember your creator in the days of your youth’ . . .therefore, if he remembers his creator and returns before he dies, he is forgiven." (Mishneh Torah, Hilchot Teshuva 2:1).
What has changed between the two events? All the emotional and physical elements remained the same. His love, desire and lust for the forbidden woman still exist, thus his emotions and feelings have not changed. The only thing which changed had to be a cognitive element which was the cause of the Teshuva. This cognitive element was the knowledge and memory of his creator, i.e. God. Thus, the only way which one can understand how Teshuva occurs is by analyzing what it means to know and remember his creator.
How does one remember his creator? First, one has to be aware or cognizant that there is a creator before one can remember Him. Both the knowledge and memory of the creator is a cognitive rather than an emotional state. Thus it is possible for one to be commanded to know or to learn about God while he cannot be commanded how to feel about God before he learns who God is.
The concept that cognition is the source of Teshuva is indicated by the Rambam at the end of the Laws of Teshuva.
"One who serves God out of love and is involved with the study of the Torah and walks in the paths of wisdom, not because of any external element nor because of bad things which will happen to him, and not in order to inherit good things, but does what is true because it is true, ultimately good will result. Therefore a person must focus himself to understand and be wise in wisdom and understanding, which make him aware of his creator as much as there is the ability in man to understand and strive (towards God) as we explained in the laws of the foundations of the Torah." (Mishneh Torah, Hilchot Teshuva 10:2 and 6.)
The Rambam is referring to Hilchot Yesodai HaTorah 1:1 and 2:1. At the start of Hilchot Yesodai HaTorah, the Rambam says,
“The foundation of all foundations is to know that there is a primary being who brings about all that exists.” ( Yesodai HaTorah 1:1.) Notice that the Rambam states the verb to know and not the verb to believe.
In chapter 2 the Rambam continues that there is a commandment to love this being and to fear him. He then explains
"What is the way to love him and fear Him? When one contemplates His great and marvelous deeds and creations and derives from them His (God’s) wisdom that has no limitations and no end, he immediately loves praises, glorifies, and has a great desire to know the Great Name (i.e.God)." (Yesodai HaTorah 2:1)
It is the remembering of that God which engendered that love for the Divine that is the cognitive first step which brings about the feelings and emotions which we call Teshuva. But it is clearly an intellectual process which is necessary to engender all the other steps which allows Teshuva to occur.
That intellectual process is subject to command and is indeed the greatest of all commandments.
Shana Tova.