Halakhah su Osea 14:78

This is called “Book of the Pious.” Its contents are sweet and most desirable. It is written for those who fear God and revere His name. There is a Hasid whose heart desires the love of His Creator, to do His will completely. But he does not know which matters to assume, which matters to avoid, or how to immerse himself thoroughly to do his Creator’s will. The reason is that hearts have become deficient. There is a Hasid who undertakes a great deal and there is one who does little, but if he knew and understood matters of piety he would do a great deal more than those who do much. It is for this reason that the “Book of the Pious” was written, so that all who fear God and those returning to their Creator with a sincere heart may see, know and understand all that they must do and all that they must avoid. This book was not written for the wicked, for if they read it much of its contents would strike them as nonsense. And if communicated to them, they would ridicule it. Concerning them Solomon in his wisdom said, “Speak not in the ear of a fool; for he will despise the wisdom of thy words” (Prov. 23:8). Similarly when Solomon wrote Proverbs, it was not intended for the wicked for even if he were to confront them with all his wisdom, it would not have availed either to better their hearts or to encourage their return (to God). He spoke only to the righteous who long for God’s word; he spoke to them that they might see, understand and become wise, as it is written, “For the ways of the Lord are right, and the just do walk in them; but transgressors do stumble therein” (Hos. 14:10). This demonstrates that the path of piety, humility and fear of the Lord is a snare unto the wicked but an ascent for the righteous.

It is popularly assumed that the synagogue emerged as a communal institution only subsequent to the destruction of the Temple. It is quite true that the synagogue is often referred to as a mikdash me'at, a miniature Temple, but such reference does not connote that the synagogue is merely a replica of, or a replacement for, the Temple which once stood in Jerusalem. Prayer does, indeed, serve as a substitute for the sacrificial order—"Let our lips compensate for bullocks" (Hos. 14:3)—and the formal order of prayer followed today is patterned after the sacrificial ritulal. However, prayer constitutes a mizvah in and of itself, regardless of whether or not sacrifices are concomitantly offered in the Temple.

And know also that if one is acknowledged in the city to be an evildoer, because of other transgressions which it is permitted to demean him for, the din is the same. And who is "acknowledged"? One whom the people of the city agree to be an evildoer beyond doubt (because of evil reports that are always spread about him in the area of fornication and the like, things which all of Israel know to be forbidden). But if a rumor in general were heard about him, it is forbidden to rely upon this to demean him, G–d forbid; and even to believe it in one's heart is forbidden, as we have explained above in Principle VII. (And even though I greatly feared to write this [heter] down because of "the men of the tongue," who, as soon as they hear about anyone a trace of something wrong, they immediately brand the man as "acknowledged" in wickedness, and they will demean him and attribute the heter to this book; notwithstanding this, I have not omitted it, in accordance with what Chazal said about Rabban Yochanan ben Zakkai (Bava Bathra 89b): "He said it [(something "risky," analogous to the above)], and in accordance with this verse did he say it (Hosea 14:10): 'For the ways of the L–rd are just. The righteous shall walk in them, and the offenders [("the men of the tongue" in our instance)] shall stumble in them.'")

Every commandment of the Law, both positive and negative, if a man transgresses one of them through error or deliberately, if he repents and returns from his sins he is enjoined to confess before God, may His name be exalted, as it is written, “When a man or woman shall commit any sin that men commit, to commit a trespass … then they shall confess their sin” (Num. 5:6). This is a verbal confession and it involves a positive commandment. In what manner does one confess? He says, “I pray, O Lord, I have sinned, I have done perversely, I have transgressed before Thee, such and such have I done, and behold I am sorry, I am ashamed of my actions and I will never return to this thing.”¹Maimonides, Hilkhoth Teshuvah, 1:1. This is the essence of the confession. And he who adds to his confession and elaborates in the matter is all the more praiseworthy.²Yoma, 84b. And so sinners and the guilty at the time that they bring sacrifices for their sins and for their errors are not forgiven until they do penance and make a verbal confession, as it is written, “And he shall confess that wherein he hath sinned” (Lev. 5:5). And so all those under sentence of death by the court and those subject to lashes, their death and flagellation does not obtain forgiveness for them unless they do penance and confess.³Sanhedrin 43b. And so he who wounds his neighbor or does damage to his neighbor even though he has paid him that which was due him is not atoned for until he confesses and returns from ever doing this again, as it is written, “Any sin that men commit” (Num. 5:6).⁴Yalkut Shimoni, ed. Horeb, Numbers, par. 701, p. 444. The goat that is to be sent away⁵Lit “The goat to be sent away.” The scapegoat used for the Yom Kippur ritual sent into the wilderness carrying the sins of the people. (See Leviticus 16:8.) atones for all transgressions in the Torah, light ones and more serious ones, both if the person transgressed in error and if he transgressed deliberately, both if it was made known to him or not made known to him, all is expiated for by the goat that is sent away and this all applies only when he does penance. But if he has not done penance the goat does not atone except for the light ones.⁶J. T. Shebuoth 1:6. And which are the light ones and which are the more serious ones? The more serious ones are those for which one is guilty of the death penalty or of excision (from Israel). A needless oath and a false oath, even though excision is not applicable, are considered among the more serious ones. And all other positive commandments and negative commandments which do not involve excision are regarded as light ones. And in our day when the Holy Temple no longer exists and we have no atonement through the altar there is nothing left but penance. Penance atones for all transgressions. Even if a man has been wicked all his days and has done penance at the end, his wickedness is not counted, as it is written, “And as for the wickedness of the wicked he shall not stumble thereby in the day thereby he turneth from his wickedness” (Ezek. 33:12).⁷Kiddushin 40b. And the gravity of the Day of Atonement atones for penitents, as it is written, “For on this day shall atonement be made for you” (Lev. 16:30).⁸Yoma 85b. Even though repentance atones and the gravity of the Day of Atonement atones, there are transgressions which obtain forgiveness only after a time.⁹Ibid., 86a. How so? A man has transgressed a positive commandment not involving excision and has done penance he does not go away from there until he is forgiven. Concerning these (such transgressors) it is said, “Return, ye backsliding children, I will heal your backslidings” (Jer. 3:22). If a man has transgressed a negative commandment which does not involve excision and capital punishment and has repented, the repentance suspends judgement and the Day of Atonement atones. Concerning this it is said, “For on this day shall atonement be made” (Lev. 16:30). If he has transgressed in a matter involving excision and capital punishment and has done penance, penance and the Day of Atonement suspend judgement and the tribulations that visit him conclude the expiation, and he never does obtain full forgiveness until tribulation comes upon him. Concerning them (such transgressors) Scripture says, “Then will I visit their transgression with the rod and their iniquity with strokes” (Ps. 89:33). When does this apply? Only when he did not profane the Name when he transgressed, for example, he committed the transgression in secret (is expiation possible), but profaning the Name publicly, even though he has done penance and the Day of Atonement has arrived and he stands yet within his penance and tribulation has visited him, not even all of these are able to cleanse his wrong so as to obtain (for him) full forgiveness, except that he die. Repentance, the Day of Atonement and tribulations, these three only suspend judgement but death cleanses and atones, as it is said, “And the Lord of hosts revealed Himself in mine ears” (Isa. 22:14).
What is complete penance? (It is illustrated by) one to whom a transgression has presented itself which he has already transgressed and he has the opportunity to do it again but has withdrawn and has not done it because of the penance and not because of fear or weakness. How so? Behold one who has cohabited illicitly with a woman and later has been left alone again with her and has had the opportunity to do it again, and he has been still steadfast in his love for her and has been able to do it, but has subdued his passion and has not transgressed, he is a complete penitent. Concerning this one Solomon said, “Remember then thy Creator in the days of thy youth” (Eccl. 12:1).¹⁰Abodah Zarah 19a. And if he has not returned except in his old age and at the time when it is no longer possible because of his failing strength, to do that which he was able to do in his youth, even though this is not the best penance it avails, and he is regarded as a penitent. And even though he has transgressed all his life and at the end, at the time of his death, he has repented and he has died penitent, all of his transgressions are forgiven him,¹¹Kiddushin 40b. as it is said, “Before the sun and the light … are darkened” (Eccl. 12:2), which is the day of death, from which we can deduce that if he remembers his Creator before death he is forgiven. And what is this repentance? That the sinner forsake his sin and remove evil thoughts from his heart, and resolve in his heart to do it (the evil) no more, as it is said, “Let the wicked forsake his way” (Isa. 55:7). Let him repent and regret his previous sins, as it is written, “Surely after that I was turned I repented” (Jer. 31:18); and let him say, “I give testimony concerning myself before Him Who knows all hidden things, that I will not return to this sin ever; as it is written, “Neither will we call anymore the work of our hands our gods” (Hos. 14:4).¹²The Zohar, ed. Soncino, V, 334, 335. And in keeping with the paths of repentance it would have been proper for him to cry continuously before God with weeping and supplications, do charity according to his ability, further himself greatly from the things wherein he sinned, change his name, that is to imply, that “I am another and not that man who did those evil things,” and he changes his actions for the good to rear himself in the upright path. He imposes exile upon himself because exile atones for transgression, it subdues him and causes him to become humble and meek. And it is most praiseworthy for the penitent to confess publicly and let his sin be known and reveal his sin that is between him and his neighbor to others, saying to them, “I have sinned against so and so and such and such have I done to him and this day I return and do penance.” And the proud who do not make known but conceal their sins, their repentance is not complete, as it is written, “He that covereth his transgression shall not prosper; but who so confesseth and forsaketh shall obtain mercy” (Prov. 28:13). In what case (who so confesseth … shall obtain mercy)? Only (in cases) concerning transgressions between man and man, but involving those between man and his Master, he does not need to publicize them. It is insolence on his part if he has revealed it to another; instead he returns to his Creator, blessed be He, and enumerates his sins before Him but confesses them before the congregation inexplicitly, (saying) “I have sinned.” It is best that he not reveal his transgressions, “Happy is he whose transgression is forgiven, whose sin is pardoned” (Ps. 32:1).¹³Rashi, Yoma 21a.

Regarding the Musaf prayer—although its time period is the entire day (till nightfall), thereby making Maariv the next tefillah,²⁰Since there is no interruption between the end of the Musaf period and the start of the Maariv period. nevertheless it [musaf] cannot be compensated at night, because the musaf prayer was instituted based on the verse.²¹Hosea 14:3. "Let the offerings of our lips replace bullocks,"²²The people of Israel ask that their prayers be accepted in place of the sacrifices that can no longer be brought because of the destruction of the Temple. In effect, our prayers substitute for our sacrifices. Thus, the Musaf prayer substitutes for the Musaf sacrifices. and once the time has passed the sacrifice can no longer be brought.²³The Maariv prayer takes place after nightfall when the Musaf sacrifices can no longer be sacrificed. It is, therefore, too late to compensate.

It is written at the end of Hosea, “Return, O Israel, unto the Lord thy God” (Hos. 14:2). Repentance is great in that it reaches the Throne of Glory for it is said, “Unto the Lord.”¹Yoma 86a. And it is one of those matters that had preceded the creation of the world.²Pesahim 54a. It is equal in importance to all the sacrifices for it is said, “The sacrifices of God are a broken spirit” (Ps. 51:19). It does not say “sacrifice” but “sacrifices of.”³Sanhedrin 43b. Let it not seem to the penitent that he is distant from the station of the righteous because of his past perversions, sins and rebellion, for the matter is not so. He is loved and desired by the Creator more than the righteous, for he has tasted sin and has subdued his evil inclination and our scholars have said, “In the place where the penitent stand the completely righteous are unable to stand.”⁴Berakoth 34b.

And all of this commandment is practiced at the time of the [Temple]. And now that - due to our iniquities - we have neither a Temple nor a high priest, neither serving garments nor sacrifices, all of Israel has been accustomed to serve on this day though our prayers and supplications. And [it is] as it is written (Hoshea 14:3), "and we shall pay the bulls of our lips."

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).

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."