잠언 28:30의 Halakhah

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).

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.

It is from the roots of the commandment [that] since the iniquity of killing is very weighty, as the destruction of the world [comes] through it, to the point that they, may their memory be blessed, said (Mishneh Torah, Laws of Murderer and the Preservation of Life 4:9) that one who kills a soul volitionally - even if the did all of the [other] commandments - is not saved from judgement, as it is stated (Proverbs 28:17), "A man oppressed by bloodguilt will flee to a pit; let none give him support"; therefore it is fitting for one who killed, that since such a great mishap as this came through his hand, that he should endure the pain of exile for it, which is almost equal to the pain of death - as a person is separated from his friends, and from his birthplace and [instead] dwells with strangers all of his days. And there is also benefit to the world with the commandment - as Scripture elucidates - since he will be saved from his blood avenger through this, such that he not kill him when he has no guilt on his hands; as behold, it was inadvertent. And there is another benefit in the thing, such that the relatives of the slain not see the slayer, the killer, regularly with their eyes in the place that the evil was done. And all 'the ways of the Torah are pleasantness.'