Halakhah su Esodo 32:40

And of these five senses, two are physical, three are spiritual. We have found them in the Holy One Blessed be He: “And the Lord saw;” “and the Lord heard;” and “the Lord smelled;”³⁷⁹Gen 5:5, Nu 11:1; Gen 8:21, respectively.but not so the other two. We were given five senses to correspond to the five books of the Torah, and to the five references to “light” in the first chapter of Genesis,³⁸⁰Gen 1:3 (2x), 4 (2x), 5. and the five names of the soul.³⁸¹According to Bereshit Rabbah 14:11, they are nefesh, ruah, neshamah, yehidah(“unity”), and hayah (“animal”). Indeed they are the body’s perfection because they are the palace of the soul, and the soul reveals its actions through them. And the natural scientists said that it was from the wisdom of the design of nature that human beings were created with five fingers on each hand to serve the five senses. Each and every finger has its own sense to serve. The biggest (the thumb) is for wiping the mouth, the index finger for the nostrils, the middle finger for the sense of touch to feel all the parts of the body because it is the longest of all (and can reach everywhere), the ring finger to wipe the eye, and the pinky, which is the smallest of all, to clean the ear. So it is from the wisdom of nature that each and every finger goes to its proper sense organ instinctively and unconsciously. About the order of the fingers our sages z”l said:³⁸²B. Ketubot 5b.”This pinky [is for…], this ring finger [is for…], this middle finger [is for…], this pointer [is for…], this thumb [is for…].” And they already explained at the beginning of tractate Ketubot that each of these five fingers had their own mitzvah: This pinky for measuring the hoshen – the High Priest’s breastplate; this ring finger for the priest’s meal-offering, this index finger [amah –‘the cubit measure’] for building and tools; this index finger [ha-‘etzba’] for sprinkling (the blood of the sin offering)– “he shall sprinkle it with his finger [be-‘etzba’o],”³⁸³Lev 16:14.and this ‘biggest’ which is the widest of all of them, namely, the thumb of Aaron’s hand for purifying someone stricken with skin rot.³⁸⁴These explanations of the purpose of each finger are not the ones the Gemara brings, but are brought by Rashi in his commentary to this passage in b. Ketubot (Chavel). So you find yourself learning that the five fingers on the human body meet the needs of both the individual and of God. And you will find among the wonders of human being’s design that the ability to feel is extended throughout the whole body, and the sense of smell is extended outside the body, and that the sense of hearing is extended even further than smell to the extent that humans need it more, and that the sense of sight is extended even further than hearing because humans need it more. So behold how great a matter this is to all who look into it, for it instructs us about the perfection of human beings with their five senses, for “these are the work of God!”³⁸⁵An allusion to Ex 32:16, referring there to the tablets of the covenant, and hence hinting at R. Bahya’s previous association of the five senses with the five books of the Torah.

And thus the utensil, the knife, with which food is cut into pieces is called a ma’akhelet because it annihilates and destroys, as in the expression, “you shall consume (ve-‘akhalta) all the peoples.”³Dt. 7:16: “You shall destroy all the peoples” (NJSB). Ma’akhelet is the term for the knife with which Abraham prepares to slaughter Isaac in Gen 22:10. And the verse which uses va-yokhlu (“they ate”) to refer to what the ministering angels were doing teaches this,⁴Gen 18:8, in the story of the angels visiting Abraham at Mamre. as our sages z”l taught in a midrash about the three calves that Abraham brought to them. “One after another each one went up and disappeared (kalah) off the table, and Abraham when he realized this, brought some more meat almost continually time after time, like a person who kept increasing the number of whole burnt offerings he sacrificed on the altar.”⁵Gen. R. 48:16. And likewise about Adam it is written, “She also gave some to her husband, and he ate (va-yokhal).”⁶Gen 3:6The word va-yokhal (“and he ate”) proclaims his sin both by his deed and by his thought. By his deed: that is that he caused the tree to lose its fruit, and ate it despite his being warned not to: “for as soon as you eat of it, you will die.”⁷Gen 2:17. His thought: that is that he destroyed, cut off, and made like the branch of the tree was a thing in and of itself, and if so, everything suffers destruction and annihilation, in both physical and intellectual things.⁸R. Bahya alludes here to the kabbalistic idea that the sin of Adam also involved “the cutting of the shoots,” the intellectual error of mistaking the part for the whole of creation. This had profound cosmic implications, since by eating the fruit of the tree of knowledge, Adam not only physically separated the fruit from the tree, he intellectually “separated” it from its heavenly image above, its source of power and energy. This intellectual separation cuts the divine “pipeline” connecting the lower and upper worlds, effectively blocking the empowering flow of divine energy between the two worlds. It is precisely this state of affairs, the consequence of Adam’s sin, that the table blessings R. Bahya discusses in the First Gate is intended to repair. And so when you are found saying the word va-yokhal, it includes the destruction (hashhatah) of both something below and the destruction of something above, as it is written, “your people have gone bad (shihet),”⁹Ex 32:7. This is from the story of the Golden Calf. God is speaking to Moses, and instead of referring to the Israelites as “My people” as He usually does, God calls them “your – i.e., Moses’ – people,” much as parents often pass the buck to one another when their children have misbehaved (as does Moses, too, replying to God in Ex 32:11). I think R. Bahya’s point is that there is both a lower and upper “people “(“your [Moses’] people” vs. “My [God’s] people” that have “gone bad.” and likewise Jeroboam was called a mashhit – “destroyer” – because he destroyed and cut short the shoots.¹⁰See note 8 above. R. Bahya alludes to the midrash in b. Berakhot 35b: “‘He is a companion to vandals (ish mashhit) (Prov. 28:24).’ This refers to Jeroboam the son of Nebat who ruined (she-hishhit) Israel for their Father in Heaven,” by building two golden calves and ordering the Israelites to worship them (I Kings 12:28-32).

The patriarch Avraham stood in prayer and begged that Sodom not be destroyed. God answered him that if there were ten righteous people in Sodom the city would be saved. But ten righteous people were not to be found there, and Sodom was demolished (Bereishit 18). Childless for many years, the patriarch Yitzḥak and matriarch Rivka prayerfully pleaded with God and were answered with the birth of Yaakov and Esav (Bereishit 25). The patriarch Yaakov prayed for God to save him from his brother, Esav, who set out against him with four hundred warriors, and he was answered and saved (Bereishit 32). Following the sin of the Golden Calf, God’s wrath was kindled against the people of Israel, and our teacher Moshe prayed intensely until God canceled the terrible decree that He had threatened to visit on His people (Shemot 32). When Miriam, Moshe’s sister, fell ill with leprosy, Moshe stood and prayed, “Kel na refa na la” (“O God, please heal her!”), and she was healed (Bamidbar 12). To turn back a heaven-sent plague, Aharon used the incense to pray, and the plague ceased (Bamidbar 17). After the army of Israel was defeated by Ai, God heard Yehoshua’s prayers and guided him to rectify the sin of Akhan, after which they won their next battles (Yehoshua 7). When the Philistines waged war against Israel, Shmuel cried out to God for help on behalf of the nation. God answered his prayer, and Israel struck and vanquished the Philistines (1 Shmuel 7). King David of Israel would often pray to God; his prayers eventually became the book of Tehilim. After King Shlomo finished building the Temple, he prayed that the Divine Presence (Shekhina) dwell therein, and that all people who pray there would be answered; God acceded to his prayer (1 Melakhim 8-9). When Eliyahu the Prophet fought against the false prophets of Ba’al on Mount Carmel, he prayed that fire would descend from the sky and so it transpired (1 Melakhim 18). Likewise, Elisha the Prophet prayed to God that He revive the son of the Shunamite woman, and the boy came back to life (2 Melakhim 4). When King Ḥizkiyahu faced death from his disease, he too prayed to God and was cured (2 Melakhim 20).

And thus the utensil, the knife, with which food is cut into pieces is called a ma’akhelet because it annihilates and destroys, as in the expression, “you shall consume (ve-‘akhalta) all the peoples.”³Dt. 7:16: “You shall destroy all the peoples” (NJSB). Ma’akhelet is the term for the knife with which Abraham prepares to slaughter Isaac in Gen 22:10. And the verse which uses va-yokhlu (“they ate”) to refer to what the ministering angels were doing teaches this,⁴Gen 18:8, in the story of the angels visiting Abraham at Mamre. as our sages z”l taught in a midrash about the three calves that Abraham brought to them. “One after another each one went up and disappeared (kalah) off the table, and Abraham when he realized this, brought some more meat almost continually time after time, like a person who kept increasing the number of whole burnt offerings he sacrificed on the altar.”⁵Gen. R. 48:16. And likewise about Adam it is written, “She also gave some to her husband, and he ate (va-yokhal).”⁶Gen 3:6The word va-yokhal (“and he ate”) proclaims his sin both by his deed and by his thought. By his deed: that is that he caused the tree to lose its fruit, and ate it despite his being warned not to: “for as soon as you eat of it, you will die.”⁷Gen 2:17. His thought: that is that he destroyed, cut off, and made like the branch of the tree was a thing in and of itself, and if so, everything suffers destruction and annihilation, in both physical and intellectual things.⁸R. Bahya alludes here to the kabbalistic idea that the sin of Adam also involved “the cutting of the shoots,” the intellectual error of mistaking the part for the whole of creation. This had profound cosmic implications, since by eating the fruit of the tree of knowledge, Adam not only physically separated the fruit from the tree, he intellectually “separated” it from its heavenly image above, its source of power and energy. This intellectual separation cuts the divine “pipeline” connecting the lower and upper worlds, effectively blocking the empowering flow of divine energy between the two worlds. It is precisely this state of affairs, the consequence of Adam’s sin, that the table blessings R. Bahya discusses in the First Gate is intended to repair. And so when you are found saying the word va-yokhal, it includes the destruction (hashhatah) of both something below and the destruction of something above, as it is written, “your people have gone bad (shihet),”⁹Ex 32:7. This is from the story of the Golden Calf. God is speaking to Moses, and instead of referring to the Israelites as “My people” as He usually does, God calls them “your – i.e., Moses’ – people,” much as parents often pass the buck to one another when their children have misbehaved (as does Moses, too, replying to God in Ex 32:11). I think R. Bahya’s point is that there is both a lower and upper “people “(“your [Moses’] people” vs. “My [God’s] people” that have “gone bad.” and likewise Jeroboam was called a mashhit – “destroyer” – because he destroyed and cut short the shoots.¹⁰See note 8 above. R. Bahya alludes to the midrash in b. Berakhot 35b: “‘He is a companion to vandals (ish mashhit) (Prov. 28:24).’ This refers to Jeroboam the son of Nebat who ruined (she-hishhit) Israel for their Father in Heaven,” by building two golden calves and ordering the Israelites to worship them (I Kings 12:28-32).

And the world of souls, this is what is called ‘Garden of Eden’ (gan aden) among the sages, and they called it this by way of an allegory, using the example of how the body takes delight (mitaden) in a garden, and so it is written about the Garden of Eden in the land, ‘He set him in the Garden of Eden to work it and keep it,’ (Gen 2:5) – this heavenly Garden of Eden is the world of souls comparable but in contrast to it, and it is call ‘Garden of Eden’ too, and it is the reward for doing the mitzvot in which the soul takes delight, using the image of the body taking delight in a garden. And to the extent that the Torah does not specify explicitly anywhere the matter of the Garden of Eden being destined for the soul as a reward for the mitzvot, but does specify the bodily things destined for Israel when they return most certainly to their land, when they will have “all their rains in their season”⁹³Lev 26:4. and with the abundance of blessing and happiness – this matter is because the Torah was given to the masses of all of Israel, and the masses would not be able to understand the destined intellectual things. So even if the Torah would come to tell about this in brief, they would not find in it any way in to understand it, they wouldn’t be up to it, and it would be for them like a dream without an interpretation. And if the story of this went on at length in Scripture, wouldn’t more doubts be raised, the more was written about it? So for this reason, the Torah did not want to go down this road, neither in brief nor at length, because the masses wouldn’t believe in any of it, until they would see a sign or confirmation of it with their own eyes, and therefore the wisdom of the Torah comes in a story about physical rewards destined to come, to go on at length about them since they are preparation for the soul’s recompense, which is her “Garden of Eden,” and since they are a sign and confirmation for what they wouldn’t understand. And for this reason the Torah did not mention it explicitly in the story of the Garden of Eden, and by concealing it lest doubts multiply and confusion in understanding them ensue, but did mention openly what is the sign and confirmation of it. So this reason is correct and sufficient to all who understand and discern that the Torah was given to the masses. However, the “engaged intellectual” [maskil nilvav⁹⁴This expression from R. Bahya ibn Pakuda’s Duties of the Heart -(Hovot ha-Levavot), Sha’ar Yihud Chapter 1, plays on the connection to “heart”, and refers to someone philosophically trained but also “with a heart” – that is, emotionally engaged, not intellectually distant. He says the “maskil nilvav will strive to strip the shells of the words and their materiality from the subject.” In other words, it is out of emotionally longing to connect to God, that he will use philosophy to strip away the linguistic and material obstacles to that connection.] who delves deeply into it, will find everything in the Torah, “as milk under pressure produces butter”⁹⁵Prov 30:33. – whoever is found engaged in the Torah, the milk he suckles from the breast of his mother will produce the “butter” of Torah.⁹⁶Chavel thinks R. Bahya has in mind this midrash on Prov 30:33 in b. Berakhot 63b: “‘As milk under pressure produces butter’ – In whom do find the butter of Torah? In him who spits up the milk he suckled from his mother for it.” And so you who are an engaged intellectual – “Turn it and turn it because everything is in it!”⁹⁷M. Avot 5 (end). I think R. Bahya means by this analogy that the baby “churns” his mother’s milk in his mouth and turns it into butter, and similarly the engaged intellectual “churns” Torah by “turning it and turning it” and so turns it into “the butter of Torah.” Similarly, medieval Christian monastic educators described the active process of reading as “rumination.” You will find in the matter of Enoch that “And Enoch walked with God”⁹⁸Gen 5:24: va-yithalakh Hanokh et ha-elohim. And this “walking with God” is as the Targum translated it into Aramaic, “And Enoch walked in fear of the Lord.”⁹⁹Targum Onkelos Gen 5:24: Ve-halikh hanokh be-dahalta’ d’YHVH. Enoch was a “righteous man who rules in the fear of God,”¹⁰⁰2 Samuel 23:3.as it is said, “for God took him,”¹⁰¹Gen 5:24. – it is known that the “taking” was because of his virtue and goodness, because he was a righteous man. And if so, from here we get the explanation of the matter of “the Garden of Eden” for the soul of the righteous. And you will also find in the Torah in parashat “Im be-hukotai” that it is promise for the future, the world to come, for it is written there, “I will look with favor on you,¹⁰²Lev 26:9.” and this means that “My goodwill [ratzon]will be attached to you,” and the “goodwill” of Ha-Shem (may He be blessed) is the life of the world to come. This is what is referred to in what is written: “hayyim birtzono” – “When He is pleased, there is life,”¹⁰³Ps 30:6. and thus it is also written there, “I shall walk about – hithalakhti – in your midst.”¹⁰⁴Lev 26:12 And what is destined here is not to be understood in the category of things destined for the body, but rather from things destined for the soul in the world to come, which is what is referred to when it is written: “moving about – mithalekh – in the breezy part of the day.”¹⁰⁵Gen 3:8: “They [Adam and Eve] heard the sound of the Lord God moving about [mithalekh] in the garden at the breezy time of the day.” And our sages interpreted this in a midrash:¹⁰⁶Sifra Be-Hukkotai Chapter 3.”‘Va-hithalakhti be-tokhekham -I will walk about in their midst.’ In time to come the Holy One Blessed be He will stroll around with the righteous in the Garden of Eden.” And similarly they said, “In time to come the Holy One Blessed be He will arrange a “greenbelt”¹⁰⁷Mahol- untilled land surrounding a vineyard (Jastrow). However, mahol has the additional connotation of a chorus of singers and dancers, so R. Bahya may also be alluding to the “Mahanayyim dance” he mentioned in the First Gate. In any case, the main point of this image is that it is circular, with God in the center. The “choreography” of the souls of the “Garden of Eden”, is that they will be arranged in a circle with God in the center, as R. Bahya goes on to explain. for the righteous in the Garden of Eden, and His Presence will be among them.”¹⁰⁸B. Ta’anit 3a. The achievement of this joy for the souls is compared to an endless eternal “greenbelt,” because the circle goes around a point, and the point is in the center, which is why the Talmud says “His Presence will be among them –beynahem.” And similarly the Torah specified “in your midst – be-tokhekham,“¹⁰⁹Lev 26:12. because Israel is compared to circle, and He himself to the center point. And after it said, “I will walk about in your midst,” it said, “I will be your God,” ¹¹⁰Ibid. and our sages z”l interpreted this in a midrash,¹¹¹B. Taanit 31a. “And each and every one of them will point to Him with their finger, as it is said, ‘Behold! This is our God!”¹¹²Is 25:9. The word “this” is an allegory for nearing complete intellectual conception, like someone who has knowledge of something that exists and recognizes it clearly, and understands it as distinct from other things. And you should not understand “this” literally, like what you would mean if you were standing in front of a person and pointing them out, but rather, it is like what is meant when the Torah said, “For this man Moses…”¹¹³Ex 32:1: “When the people saw that Moses was so long in coming down from the mountain, the people gathered against Aaron and said to him, ‘Come make us a god who shall go before us, for this man Moses, who brought us from the land of Egypt – we do not know what happened to him”who was not standing among them, but about whom they had specific knowledge. From here¹¹⁴From the expression “I shall walk about in your midst” in Lev 26:12. it should be clear to the enlightened that the world of souls is the “Garden of Eden” for the soul, but Scripture mixes it in the general list of things destined for the body, and depended on the intellect of the enlightened to discern it from them, that it would not be hidden from him as it would be from the masses.

As it is required for the house of Israel to read from the scrolls, and to teach in the Torah, and to conclude with the prophets, on each day according to its subject matter — laws of Pesaḥ on Pesaḥ, laws of Shavuot on Shavuot, laws of Sukkot on Sukkot, as it is written "And Moses spoke the appointed-times of haShem to the children of Israel" (Leviticus 23:44), and it is commanded to read every matter at its time and extrapolate on the subject of the day, as taught, "Rabbi Shimon ben Elazar says:¹In our manuscripts, it says "The Rabbis taught" here. Moses ordained for Israel that they would investigate and extrapolate on the matter of the day — laws of Pesaḥ on Pesaḥ, laws of Shavuot on Shavuot, laws of Sukkot on Sukkot" (Megillah 32a:17). On Ḥanukkah we read the princes (Numbers 7). On Purim we read "And Amalek came" (Exodus 17:8—16). When Rosh Ḥodesh Adar falls on Shabbat we read the portion of the sheqalim (Exodus 30:11—16). "And Rabbi Yitzḥaq Nappaḥa said: when Rosh Ḥodesh Adar falls on Shabbat, bring three Torah scrolls, and read one for the matter of the day, and one for the new moon, and one from Ki Tissa. And Rabbi Yitzḥaq Nappaḥa said: when Rosh Ḥodesh Tevet falls on Shabbat, bring three Torah scrolls, and read one for the matter of the day, and one for Rosh Ḥodesh, and one for Ḥanukkah" (Megillah 29b:22). On Ḥanukkah and on Purim three people read, on Rosh Ḥodesh and on Ḥol ha-Moed four people read — since there is Musaf, we add [mosifin] a person. When Rosh Ḥodesh Adar falls on Shabbat, we read the portion of the sheqalim (Exodus 30:11—16). When it falls on another day of the week, we advance the reading of the portion of the sheqalim, and interrupt the special readings. On the second² Shabbat of the month we read 'Remember' (Deuteronomy 25:17—17). On the third, the red heifer (Numbers 19:1—22). On the fourth, 'This month' (Exodus 12:1—20). If it falls on the sixth, then 'This month' is on the fifth. After that they return to the regular order. And everyone interrupts the order for Rosh Hodesh, Ḥanukah, Purim, fast days, festival days, and Yom Kippur (Mishnah Megillah 3:5). On Pesaḥ they read the portion of the festivals. And a mnemonic is: "during the bull, sanctify with money, cut in the desert, send the firstborn." On Shavuot, "On the third day" (Exodus 19:1–20:23), and on the second day, "Every firstborn" (Deuteronomy 15:19—16:37). On Rosh Hashanah, "And haShem remembered Sarah" (Genesis 21:1–34) and on the second day, "And God tested Abraham" (Genesis 22:1—24). On Yom Kippur, "after the death" (Leviticus 16:1—34). On Sukkot, the offerings for Sukkot (Numbers 29:12—34). On Ḥanukkah, the princes (Numbers 7). On Purim, "And Amalek came" (Exodus 17:8—16). On Rosh Hodesh, "And on your new months" (Numbers 28:1–15). On the watches, the matter of creation (Genesis 1:1—2:3). On fast days, "And Moses petitioned" (Exodus 32:11—14, Exodus 34:1–10). On Mondays and Thursdays and on Shabbat in the afternoon they read according to the order, but they are not counted in the order. As it is said, "And Moses spoke the appointed-times of haShem to the children of Israel" (Leviticus 23:44) — it's commanded that they read each and every one at its time.

And do not think to challenge me about the giving of this reason that I have said - that the main annulment [comes from] something new happening to a man; that had he known about it from the beginning, he would not have sworn – [such that] you would say, “Behold, we have found annulment regarding the oaths of God, may He be blessed, as they, may their memory be blessed, expounded (Berakhot 32b) about ‘And Moshe beseeched’ (Exodus 32:11), that, as if it were possible, he annulled His oath [for] Him; and the matter of Zerubavel the son of Shaltiel, [about whom] they, may their memory be blessed, said (Sanhedrin 38a) that he was asked by God [to annul] His oath.” And God forbid that there should be a change of will with Him. As one can answer you - and it is [perfectly] true - that everything that comes in Scripture similar to these matters is all stated from the angle of the receivers, which are people. As God forbid to Him and for our hearts to believe that the Master of all would need to swear about something, or that He would need to annul it and negate it afterwards. Rather this thing is said from the angle of receiving punishment which comes to the one punished - that if a man is liable, due to the greatness of his sin, that he be punished regardless, to the point where it is not fitting to give him [the possibility] of repentance, the notion of an oath of God will come upon such a man; meaning to say [that] his punishment and decree is strongly upon him as if there were an oath on the thing. And so [too], for the good: if a man merited, from his great significance, to receive good - he and his children - the verse will also state that God, may He be blessed, swore to benefit him.

Repentance needs four things;¹Saadiah Gaon, The Book of Beliefs and Opinions, trans. Samuel Rosenblatt (4th printing; New Haven, Conn: Yale University Press, 1958), Treatise V, Cahpter V, p. 220. first that he repent for each and every sin, transgression and offense. Secondly, that he forsake them. Thirdly, that he confess them in his heart. Fourthly, that he take upon himself with a whole heart, and resolve in his heart that he will not return to do them (sins) again, lest he appear as one undergoing purification with an unclean creature in his hand.²Taanith 16a. For repentance is of no avail to him until he casts the creature from his hand. Also he needs to single out the sin, as it is written, “O, this people have sinned a great sin and have made them a god of gold” (Exod. 32:31). And so should he confess, “I pray Thee, O God, I have sinned, I have done perversely, I have transgressed before Thee, I have done such and such, I am sorry I am ashamed of my deeds. And I give witness concerning myself, He who knows all hidden secrets, that I am resolved in my heart not to return to do this again.”³Pesikta d’Rav Kahana, ed. Solomon Buber (Wilna: Romm Publisher, 1925), p. 294. And so it is written, “Turn Thou me God unto Thee and we will return for Thou are the Lord my God. Surely after that I was turned, I repented, and after that I was instructed, I smote upon my thigh; I was ashamed, yea, even confounded because I did bear the reproach of my youth” (Jer. 31:17).

The commandment of inclining towards the many: To incline towards the many, and that is when there arise a disagreement among the sages in a law of all the Torah laws - and so too in a private case, meaning to say a case that would be between Reuven and Shimon, for example - when there would be a disagreement between the judges of their city, that some of them rule guilty and some rule innocent, to always go after the majority; as it is stated (Exodus 32:2), "to incline towards the many." And in the elucidation, they, may their memory be blessed, said (Chullin 11a), "The majority is by writ of the Torah." And this choice of the majority appears to be when the two opposing groups are equally known for their Torah wisdom - as it cannot be said that a small group of sages would not be decisive against a great group of ignoramuses, and even like [the number] that went out from Egypt. But with approximately equal wisdom, the Torah informed us that the many opinions will always conform to the truth more than the minority. But whether - according to the opinion of the listener - they agree to the truth or they do not agree to the truth, logic dictates that we do not swerve from the path of the majority. And that which I say that the choice of the majority is always with two groups that disagree that are equal in the wisdom of truth is said so about every place except for the Sanhedrin. As with them, we are not exacting when they disagree as to which group knows more; but rather we always do like the words of their majority. And the reason is because they had an obligatory number [of people] by writ of the Torah; and it is as if the Torah explicitly commanded, "Do all of your matters according to the majority of these" - and also as they were all great sages.

From the laws of the commandment is that which they, may their memory be blessed, said (Taanit 15a) that repentance is that the sinner leave the sin and remove it from his heart and from his thought, and he decide in his heart not to do like this again, as it is written (Isaiah 55:7), "Let the wicked give up his way, the sinful man his thoughts"; and afterwards, he must confess about it, meaning to say that he say the words of repentance orally, as it is stated (Exodus 32:31), "and they made for themselves a god of gold." And he must also mention explicitly that he will not return to do the sin again, as it is stated (Hosea 14:4), "and we will not again say 'our god' about the work of our hands, etc." And they, may their memory be blessed, said (see Rambam, Mishneh Torah, Laws of Repentance 1:2) that the scapegoat would atone for all sins when one repented, light and weighty - whether he transgressed them volitionally or accidentally whether it was known to him or unknown to him. But if he did not repent, the scapegoat only atones for the light ones. And what are the light ones and what are the weighty ones? [Weighty ones] are sins for which one is liable for the death penalties of the court or excision; and also vain and false oaths are from the weighty ones, even though they do not come with excision. And the other positive and negative commandments that do not come with excision are called light, in comparison to the weighty ones. And now that we do not have the Temple and the altar of atonement, on account of our iniquities, we only have repentance. And repentance atones for all sins. And even if one was a complete evildoer all of his days and he repented completely at the end, we do no mention any of his evil, as it is stated (Ezekiel 33:12), "and the wickedness of the wicked will not cause him to stumble when he turns back from his wickedness, etc." To what do these words apply that repentance alone suffices? To sins between man and the Omnipresent, such as one who eats something prohibited or has a prohibited sexual intercourse and so [too,] one who negates one of the positive commandments and similar to it. But [regarding[ sins between a man and his fellow, such as one who injures his fellow, or robs his money or with any other thing through which he illegally injures him - whether in action or in speech - it is never forgiven him with repentance alone, until he gives his fellow what he owes him and until he is appeased. And they, may their memory be blessed, have already said (Yoma 87a) what is his remedy if his fellow does not want to be appeased by him. And also from the content of the commandment is that which they said in the Tosefta that there are twenty-four things that impede repentance, and they enumerate them there. [This] and the rest of the details of the commandment are elucidated in the last chapter of Yoma (see Mishneh Torah, Laws of Repentance 1).

3. All four fast if they fall on Shabbos, they are pushed to after Shabbos. Note (Rema): If they fall on the eve of Shabbos, we read in the morning and afternoon prayers the parsha of Vyachel (Exodus 32:11 and on) [Bais Yosef] If there is a wedding on the day of the fast on the eve of Shabbos, the custom is pray the afternoon prayers and read Vyachel and then afterwards do the Chuppah ceremony [see Siman 249 Paragraph 4 if one completes the fast].

The order of the [9 Av] day: [Eliezer ben Yoel haLevi] wrote in the Avi haEzri: the night of 9 Av they take off their sandals and go to the synagogue and sit on the ground like mourners and light no more than one light, with which to read the Book of Lamentations and kinot. And the shaliaḥ tzibur stands and prays Aravit and says the full Kaddish and reads the Book of Lamentations and says kinot, and after that the Kedusha d’Sidra, and starts with “And You are holy." And "To Zion will come a redeemer" is not said, for there is no redemption that night, nor "And as for Me, this is My covenant," for it seems to be establishing a covenant over kinot, and there is no relation to say "And as for Me, this is My covenant" for all is exempted then. But in a mourner's house it is said, for if the mourner is exempted, the comforters are not. And he says Kaddish without "May they be accepted." And they go home, and do not greet one another except in the manner of mourners or chastened ones. And if 9 Av ends on Shabbat or the day after, they do not say "Your Justice is justice." Just as on a new moon that falls (being on the Sunday after) Shabbat, that they do not say "Your Justice is justice" on Shabbat that is 9 Av it is called a mo'ed. And they do not say Psalm 90:17 [and Psalm 91]. And some of the Gaonim wrote that they do not say Psalm 90:17 [and Psalm 91], and also not to say the Kedusha d'Sidra. And Rav Zemaḥ Gaon wrote they do not say Psalm 90:17 [and Psalm 91] but they say "And to Zion will come" and all of the Kedusha d'Sidra, except for "And as for Me, this is My covenant."And Rabbeinu Nissim wrote that they do not say Psalm 90:17 [and Psalm 91] but it is our custom to say in the evening and morning to say "And as for Me, this is My covenant." And why not say it? And the people studies Job and Jeremiah and the kinot in the morning and does the order of blessings and hymns according to other days and there are places where it is customary not to say the Song [of the Sea]. And those praying the eighteen blessings individually say "Answer us" within "Hear our Prayer," and the shaliaḥ tzibur between "Redeemer" and "Healer" as on other fast days, and says "Comfort" within "Builder of Jerusalem." And unlike other public fast days twenty-four blessings aren't said and a Closing of the Gates prayer is not said. And Rav Amram wrote it is our custom to increase seliḥot in "Forgive us." And teḥinot are not said, as it is called a mo'ed, and if it falls on Monday or Thursday one says "God, long-suffering" but does not say "And He is merciful" and in Spain they do not say "God, long-suffering." And they take out a Torah scroll and read three aliyot from the section of Va-etḥanan, "When you bear children." (Deuteronomy 4:25–40). And the maftir is the third. And the maftir reads from Jeremiah, "I will gather, gather them" (Jeremiah 8:13 - 9:23). And [Eliezer ben Yoel haLevi] wrote in the Avi haEzri that one rolls the Torah scroll in its place so as not to reduce its honor. But in Tractate Soferim 18:4 it is written: Some read the book of Lamentations in the evening, and some delay it until the morning to after the reading of the Torah scroll. After the reading of the Torah scroll, one stands and wallows in ash, and they puncture their clothes and read in weeping and wailing. If they know how to translate, all the better. And if not, give it to one who knows how to translate so that all the people and the women and children will understand, for women are required as are men, as are male children. And the one who reads on 9 Av says "Blessed is the True Judge." And some place the scroll case on the ground and say "Fallen is the crown of our head" (Lamentations 5:16) and tear their clothes and weep like a person whose dead lies before them. And some change their places, and some get down from their benches. And all wallow in ashes and do not greet one another all night and all day until all the people have finished their kinot. And at them time of kinot it is forbidden to talk or go outside, so as not to stop one's heart from grieving. And similarly, not to talk with idolaters. And if there is a mourner in the town, he goes at night to synagogue, and in the day, until they finish kinot. And if there is an infant to circumcise, they circumcise him after they finish kinot. And some delay the circumcision until after noon. And some say that we do not bless over a cup but bless without a cup. And according to the Tosafot we bless on a cup but give it to a child to drink. and we are not concerned that perhaps he may be drawn to drink from it even after he grows up, because it is not a permanent matter. And therefore, on 9 Av that falls on the day after Shabbat we don't say Havdalah and give it to a child, because we are concerned that he may be drawn to it, for it is considered a permanent matter, because, according to the structure of the years, it sometimes falls on Shabbat once every three or four years. A sandak changes into other clothes, but not really white ones. One time when 9 Av fell on Shabbat and was postponed to the next day, Rabbeinu Yaavets was a sandak, and he prayed Minḥa while the day was still going and washed and did not finish his fast since it was a festival for him. And evidence can be found from where it is taught (Eruvin 51a) "Said Rabbi Eliezer bar Tzadok: I am a descendant of Senaav ben Binyamin. One time, the Ninth of Av fell on Shabbat, and we postponed it until after Shabbat, and we fasted but did not complete it because that it was our Festival." And some have the custom not to slaughter or prepare necessities for the break-fast until after noon. At Minḥa they read "And Moses implored" (Exodus 32:11-14, Exodus 34:1-10) as on other fast days, and the haftarah is "Seek out" (Isaiah 55:6–56:8). And Rabbeinu Hai wrote that his custom was to read "Return" (Hosea 14:2-10) as the haftarah. And they pray the eighteen blessings and say "Comfort" within "Builder of Jerusalem" and "Answer us" within "Hear our Prayer," and the shaliaḥ tzibur between "Redeemer" and "Healer."

On a communal fast, the leader says "Anenu" between the blessings for redemption and healing and finishes with "Blessed are You, God, who answers His people Israel at a time of troubles." (If he forgot, see above at the end of 119:4). We read "Moses sought the favor..." [Exodus 32:11] in the morning and afternoon prayers, whether it falls on Monday or Thursday or any other day. Rem"a: In the afternoon, we add the haftarah of "Seek out" ([Isaiah 55]) and in the morning there is no haftarah, except for on Tisha B'av. We read [in the afternoon] even if the fast is on Friday (Mahari"l). When fasting on Rosh Chodesh, we read the Rosh Chodesh reading in the morning and the fast day reading in the afternoon (Ra"n at the end of Chapter 1 of Ta'anit and Beit Yosef in the name of the Rokeach).

“The order of confession (of sins)³⁹Viddui, ודוי, confession of sins, is a prerequisite for expiation and atonement in the Bible for sins committed individually or collectively. In the Bible there is usually a pardoning by God following the confession. Examples of this are found in the stories of Cain, (Genesis 4:13) David, (Psalms 32,41,51, and 69), Judah with Tamar (Genesis 36:26), Achan and the spoils of Jerico (Joshua 7:19-21), Saul and the Amalekite booty (I Samuel 15:24-25). There are also examples of Biblical confessions made for the nation; Moses and the golden calf worshipping (Exodus 32:31), the high priest’s confession on the Day of Atonement (Leviticus 16:6, 11, 21) and the confession of Ezra (9:6, 7, 15) and Nehemiah (1:6,7;9:2,33-35).
Prior to the destruction of the Temple confessions had to precede special sin and guilt sacrificial offerings. The person confessing had to place his hands upon the head of the animal sacrifice to transfer his sins to the animal (Leviticus 1:4). The Bible gives no wording for these confessions but there is in the Mishna the wording for the confession of the high priest on Yom Kippur: “O God, I have committed iniquity, transgressed, and sinned before Thee, I and my house. O God forgive the iniquities and transgressions and sins which I have committed and transgressed and sinned before Thee I and my house as it is written in the Law of Thy servant Moses, ‘For on this day shall atonement be made for you, to cleanse you; from all your sins shall ye be clean before the Lord’” (Leviticus 16:30; Yoma 3:8).
In rabbinic times it became an accepted custom to confess one's sins before seeking atonement and the confession of sins became an integral part of the synagogue ritual. On the Day of Atonement it became a focal point of the service. According to the Talmud (Yoma 87b) the simple statement "Truly, we have sinned" is sufficient for confession, but elaborate formulas of confession have evolved. The Ashamnu "We have incurred guilt" is the prayer on Yom Kippur that is inserted into the fourth benediction of the reader's repetition of the Amidah (see footnote 43). The prayer consists of two parts, each of which contains an alphabetical listing of sins probably committed by people during the year for which they are seeking atonement on Yom Kippur. The first alphabetical confession is known as the Viddui Katan, the "Small Confession". The second part of the Ashamnu is known as the Viddui Gadol, the "Great Confession". It is also known as the Al Ḥet "For the sin which I committed before Thee" which is the statement that precedes each specified sin. These confessionals are first mentioned in geonic liturgy (see footnote 19). Additions to the enumerated sins have evolved to include all possible transgressions since a person might have unintentionally forgotten about a sin during the year which must be confessed in order to receive atonement. The sins are all confessed in the first person plural, "we", communally, thus a person may even confess a sin he is sure he did not commit.
In addition to Yom Kippur, the Ashamnu is also recited during the Seliḥot Services prior to Yom Kippur (see footnote 14). It is also recited in the Minḥah Afternoon Service on the Eve of Yom Kippur and ten times during the Day itself.
The Ashamnu is also included in the daily service of the Ḥasidic rite, and on Monday and Thursday it is recited by the Sephardi, Italian, and Yemenite communities.
The viddui, confession of sins, can also be said by individuals silently at appropriate occasions especially when one is about to die. The viddui said on the Day of Atonement in the singular has become acceptable as a death confessional. A bridegroom also recites this viddui in the singular during the Minḥah Service before his wedding, the wedding day being considered a day of judgment for the bride and groom.
Editorial Staff, E. J., v. 5, pp. 878-80. during Minḥah⁴⁰Minḥah, מנחה, is the Afternoon Service which is one of the three daily services, the Morning Service being called the Shaḥarit (see footnote 17) and the Evening Service being called the Arvit or Ma'ariv Service (see footnote 144). The Minḥah Service possibly derives its name from the minḥah sacrificial offering performed at the Temple in Jerusalem in the afternoon. A lamb was sacrificed at the Temple at dusk. The Minḥah Service consists of the following parts: the Ashrei (Psalm 145 preceded by Psalms 84:5 and 144:15 and closed by Psalm 115:18); the Amidah (see footnote 17); the Taḥanun (see footnote 10); and it is concluded with the Aleinu (see footnote 17).
On the Sabbath and on fast days a portion of the Torah is read before the Amidah and in some rites portions dealing with daily sacrifices are read before the Ashrei. On Sabbaths part of the portion from the Torah of the coming week is read.
The Minḥah Prayer can begin any time after the sixth and one-half hour of the day, which mean any time after 12:30 P. M. If Minḥah is prayed at this time of the day it is called Minḥah Gedolah or the "major" Minḥah. If Minḥah is prayed after the nine and one-half hour, which means after 3:30 P. M., it is called Minḥah Ketannah or the "minor" Minḥah. The Minḥah Service must though be completed before the twelfth hour, that is, before sunset, (Ber. 4:1; Ber 26b-27a).
The Shulḥan Arukh, Oraḥ Ḥayyim, 324 states that one may pray both Minḥah Gedolah and Minḥah Ketannah provided that one is obligatory (ḥovah) and the other is a voluntary act (reshut). But this is only allowed for the extremely pious.
The third meal on the Sabbath, Se'udah Shelishit is usually eaten between the Minḥah, Afternoon Service, and the Ma'ariv, or Evening Service. It has become the custom during the daily service to wait and begin the Minḥah Service shortly before sunset, so that the congregation can wait a few moments and then not have to reassemble (for a third time, having also assembled in the morning for Shaḥarit) for the Evening, Ma'ariv Service which on Sabbaths and holidays can be recited immediately following the sunset. On weekdays, it can be recited even before sunset.
cf., Aaron Rothkoff, E. J., v. 12, pp. 31-32. (the Afternoon Prayer) on the Eve of Yom Kippur” - Containing six paragraphs.
One needs to confess during Minḥah (the Afternoon Prayer) before the (last) meal before fasting.⁴¹Se'udah ha-Mafseket, סעודה המפסקת, is the term given to the last meal which is eaten immediately prior to the fast of Yom Kippur and the fast of Tishah be-Av. It contains the last food which is eaten until the fast has been completed.
Hagah: If one is alone he says it (the confessional) after he finished his Silent Prayer, but the public reader⁴²Shelia'aḥ Ẓibbur, שליח צבור, is the public reader or the envoy or messenger of the community. It is the term given to an individual in public synagogue worship who officiates as the reader or the cantor, ḥazzan, the one who chants the liturgy. The main function of the sheli'aḥ ẓibbur is to lead the congregation in communal worship by chanting (or reading) aloud certain prayers or parts of them. He also recites the doxology of calling the congregation to worship (Barekhu) and he repeats the Amidah (see footnote 17 and 43). He also recites most Kaddish (see footnote 177) prayers which is a prayer in praise of God, and he leads the congregation in responsive readings and hymns. The Shulḥan Arukh, Oraḥ Ḥayyim, 53:4-9 lists the qualifications of a sheli'aḥ ẓibbur. He must have humility, be acceptable to the congregation, know the rules of prayer, and the proper pronunciation of the Hebrew text, have an agreeable voice, be properly dressed, and have a beard. The beard however was later not required except on the High Holydays. Except for the recital of hymns and psalms (e.g., pesukei de-zimra, see footnote 17) the sheli'aḥ ẓibbur had to be a male past the age of bar mitzvah, thirteen years old.
c.f., Editorial Staff, E. J., v. 14, pp. 1355-56. says his (confessional) on Yom Kippur during the Silent Prayer,⁴³Ha-Tefillah, התפילה, "The Prayer" is a synonym for the Amidah, עמידה, the Silent Prayer said standing which is recited individually during each of the daily services, the Shaḥarit, Morning Service (see footnote 17), Minḥah, Afternoon Service (see footnote 40), and the Arvit (or Ma'ariv), the Evening Service (see footnote 144). It is also recited for the Musaf, the Additional Service (see footnote 166) on the Sabbath and festivals, and on Yom Kippur for a fifth time during the Ne'ilah, the concluding prayer (see footnote 191). During a congregational prayer that is when there is a minyan, a quorum of at least ten adult males, the reader (see footnote 41) repeats the Amidah outloud and on festivals a number of additions are made. Originally the repetition was for the uneducated people who did not know the prayers. Upon hearing each blessing they could respond, "Amen" and thus fulfill their religious obligation of reciting the Amidah. The Amidah of Arvit, the Evening Service, was originally optional but it long ago became obligatory to recite it silently but it is not repeated outloud except on the Sabbath eve when an abbreviated version of it in one single benediction is recited.
The word Ha-Tefillah for this prayer originated in the Talmud where it was referred to as "The Prayer" par excellence. It is also known as the Amidah for it is said "standing" and as the Shemoneh-Esreh (18) for it originally had eighteen benedictions in the daily worship while today it contains ninteen.
The Amidah takes on various forms for different occasions. On weekdays there are ninteen benedictions, on fast days an additional benediction is added when the reader repeats the prayer, (in ancient times on some public fasts six prayers were added to the regular ones, Ta'an. 2:2-4). On Sabbaths and festivals there are only seven benedictions in the Amidah except for the Musaf Service (see footnote 166) on Rosh HaShanah where there are nine. All the various forms of the Amidah have six blessings in common, the first and last three, with the middle changing according to the occasion. The first three benedictions praise God and the last three basically express thanksgiving. On the weekdays the intermediate benedictions are petitions and the Amidah is therefore predominantly a prayer of supplication where praise, petition, and thanksgiving are included. In most of the benedictions the one praying addresses God as "Thou" for it is through the Amidah that one communicates with God. The pronoun, "we" is also used throughout the Amidah which indicates that it is to be a communal prayer. Even though at times it is said individually, the worshipper is considered a member of the congregation. On Sabbaths and on festivals the central prayer concerns the specialness of the day or one aspect of that part of the day (that is, morning, afternoon, or evening on the Sabbath), and there is no petition, only praise, the special blessing of the day, and thanksgiving.
On the Day of Atonement the central blessing called Kedushat ha-Yom, the sanctification of the day, is concluded specially as follows: "Barukh…Melekh moḥel ve-sole'aḥ le-avonoteinu…mekaddesh Yisrael ve-Yom ha-Kippurim," "Blessed…King who pardons and forgives our iniquities…who sanctifies Israel and the Day of Atonement". On Yom Kippur also the third blessing (of the first three standard blessings of praise) is elaborated to contain the prayer "u-Vekhen Ten Paḥekha", "Now therefore impose Thy awe", which is an ancient petition for the eschatological Kingdom of God. On the Day of Atonement the silent recital of the Amidah is followed by the viddui, a confession of sins (see footnote 39) which is not written as a benediction. When the reader repeats the Amidah the viddui is inserted into the fourth, the central, benediction. Two confessions are recited, one short and one long which are both arranged in alphabetical order. The sins which every person might have committed during the year are included and enumerated upon. Since this prayer is part of community worship, the pronoun "we" is used, "we have transgressed, etc." (see also footnote 17).
Joseph Heinemann, E. J., v. 2, pp. 838-45. (טור).⁴⁴Tur, טור, see footnote 23.