MEOROS HALACHA TRACTATE YOMA LAWS OF YOM KIPPUR DIVIDED BY THE PAGES OF THE GEMARA COMPILED UNDER THE AUSPICES OF GEDOLEI YISROEL SHLITA

Transcription

1 MEOROS HALACHA TRACTATE YOMA LAWS OF YOM KIPPUR DIVIDED BY THE PAGES OF THE GEMARA COMPILED UNDER THE AUSPICES OF GEDOLEI YISROEL SHLITA

2 MEOROS HALACHA When one enters the Beis Midrash he should say, May it be Your will, Hashem my God, that no mistake occur through me, and that I not stumble in a halachic ruling. May my peers rejoice with me, and may I not say of something impure that it is pure, or of something pure that it is impure. Let my peers not stumble in their halachic rulings, and may I rejoice with them (Berachos 28b) OUR GENERATION HAS MERITED A PROMULGATION OF TORAH STUDY, IN WHICH THE thunderous voice of Torah study emanates from shuls and yeshivos the world over. Myriads of Jews, of all backgrounds and cultures, immerse themselves in the wisdom of Torah, with joy and love and fear of God. The wellsprings of Torah pour out into rivers, stretching out to water the world with the wisdom of the Creator, and to quench the thirst for holiness that the Jewish people have always known. To all pursuits of holiness, a special assistance from Above is granted. The Divine presence is felt hovering over us, as the Torah takes root in our people and blossoms in its splendor. Every new tiding of advancement of the Torah s boundaries is received with joy and interest, by lovers and pursuers of the Torah everywhere. Towering up high stands the structure of Daf Yomi, built decades ago upon sturdy foundations by the eminent leader of Israel, Rav Meir Shapira of Lublin zt l. Since then thousands and tens of thousands of pursuers of Torah, young and old, scholars and laymen, have gathered under the walls of this veritable fortress of Torah. They have woven the Shas into the days and years of their lives, with relentless commitment to the daily daf. Thousands of Daf Yomi shiurim throughout the world, unique kollels for the study of the daf, monthly tests, weekly and monthly journals of commentaries; all these stand at the service of those who have chosen to make Daf Yomi an inseparable part of their lives, to the merit and pride of the entire Jewish nation. Especially now, when Klal Yisroel have raised high the banner of Torah study, we must turn our attention to the practical aspect of Torah, to apply that which we so eagerly learn. We must build upon the foundations of the mitzvos found in Shas, to understand the halachic conclusions that arise from them. Thus we fulfill the possuk, And you will warn them of the statutes and the teachings, and guide them on the path that they must walk and the deeds that they must perform. (Shemos 18:20)

3 Our Sages attached great importance to the practical side of Torah study, realizing its essential role in guiding us on the path of God. Countless expressions of encouragement for halacha study are found throughout Shas, so much so that these few pages could hardly contain even a mere fraction. Among them we find the famous words of Rav Chisda: What is the meaning of the possuk, Hashem loves the Gates of Zion more than all the dwelling places of Yaakov? (Tehillim 87:2) Hashem loves the places where Jews gather to study halacha, more than all the other shuls and yeshivos. This is as Rav Chiya bar Ami said in the name of Ula: Since the day that the Beis HaMikdash was destroyed, Hashem has no place in His world other than the four cubits of halacha. (Berachos 8a) ** Under the guidance and encouragement of Gedolei Yisroel shlita, we have taken upon ourselves this holy endeavor, to add yet another level to the tower of Daf Yomi that Rav Meir Shapira began. Meoros Halacha creates a framework in which two halachos are studied each day, interwoven with the subject matter studied in the cycle of Daf Yomi. The halachos are presented in a clear and concise format, accessible and relevant to students of all backgrounds. Thereby, the sugyos studied in their original source in the Gemara are seen again in the light of halacha. In addition to the practical significance of learning halacha, Meoros Halacha also provides an opportunity to review the material learned in the Gemara from a different vantage point, adding depth and richness to the sugya. A team of gifted talmidei chachomim and distinguished Rabbonim invested painstaking efforts into researching the material and sifting through the primary sources, with uncompromising attention to details and the subtle nuances of halacha. All efforts have been made to present the material in a clear and readily understandable format. So much so, that one could rightly say that with just a few minutes each day in the study of these halachos, one can earn for himself his portion in the World to Come. ** Let our prayers be accepted before He who granted us the Torah. May He grant us the privilege to succeed in our endeavors, and present before the students of Daf Yomi the halachos appropriate to each masechta. May we merit to realize our dream of completing the series of Meoros Halacha on the entire Shas. May the dedication of Klal Yisroel, in our study and observance of the holy Torah, be accepted with favor and grace Above, to awaken Hashem s love for His cherished nation. May it be a merit before Him, to hasten our redemption, and may the words of the Prophet soon be fulfilled, From Tzion will come forth Torah, and the Word of Hashem from Yerushalayim. (Yeshaya 2:3) The Meoros Halacha Staff

4 FOREWORD Out of loving kindness for His creations, Hashem established one day each year on which to atone for their sins through their teshuva. Had He allowed the sins of His creations to amass year after year, their doom would be sealed after two or three years, and the entire world would be fated for destruction. Therefore, in His blessed wisdom, He saw fit to maintain His world, by establishing one day each year to atone for the sins of those who repent. From the very creation of the world, this day was set apart and sanctfied. (Sefer HaChinuch, 185) OUR SONGS AND OUR PRAISES GO OUT TO HASHEM, WHO HAS GRANTED US THE PRIVILEGE of seeing this day, in which we bring the Meoros Halacha supplement on Maseches Yoma to print. There is no end to our debt of gratitude for His assistance, which has accompanied us through every stage of this project. The fruit of much toil and painstaking research by a team of gifted talmidei chachomim and Rabbonim, we are pleased to present before you the halachos of Yom Kippur, culled from the rulings of the Shulchan Aruch and its commentaries. We have endeavored to bring the most pertinent halachos of this holy and awesome day, in order that each one of us will be able to prepare and purify himself, and return in sincere teshuva, according to the dictates of halacha. Thereby, may we merit to be worthy of the great kindness of Hashem, in granting us this holy day to atone for all our sins. As we were planning this work, we received requests to discuss many other points of halacha that are especially relevant in this day and age. However, we were advised by Gedolei Yisroel to include only those halachos that are stated explicitly in the Shulchan Aruch, its commentaries, and the classic Poskim. Therefore, we did not wish to develop their ideas, or apply them to cases that they did not discuss. In order to give a brief and clear synopsis of the halachos in the main text, many important details were moved to the footnotes. The details discussed in the footnotes have practical bearing on how to apply the halachos. When we felt the footnotes to be especially crucial, we made a note in the text to see footnote. The reader is strongly encouraged to peruse the footnotes as he studies this work. We would like to extend our heartfelt blessings to the Daf Yomi maggidei shiurim, who carry on their shoulders the merit of the community, by disseminating Torah study throughout the Jewish people. Since the Meoros Halacha project began, many maggidei shiurim have dedicated time from their Daf Yomi shiur to convey the halachos from the

5 Meoros Halacha supplements. Each day, they present before their shiurim the word of Hashem the practical halachos of how to fulfill the mitzvos properly (Shabbos 138b). We received numerous reports from maggidei shiurim whose students offered thanks for informing them of Torah and Rabbinic prohibitions, which they otherwise may have violated. As an important disclaimer, we warn our readers that this was not meant as an authoritative guidebook, nor was it meant to decide between the many debates among Poskim cited herein. It was meant only to bring attention to the general principles of halacha, thereby allowing the reader to pursue the subject further, and ask educated questions from Rabbonim when necessary. Any such rudimentary examination of a subject is bound to include unclarities, which may very well lead to incorrect application of the material. Details that seem insignificant may have great halachic bearing. Furthermore, it is quite possible that mistakes have been made in compiling, presenting, or translating this material. If any mistakes are found, we strongly request that the kind reader bring them to our attention, in order to correct them in future printings. Our heartfelt blessings and thanks go out to all those who assisted in this important project. May the merit of the Torah stand on their behalf. We offer our prayers to Hashem that He may guide and protect us, that we not mislead anyone with incorrect halachos, and that this treatise be of benefit to the entire Jewish people. In the merit of our study of the halachos of teshuva and Yom Kippur, may Hashem awaken in our hearts stirrings of teshuva, and may we merit to see the ultimate Redemption of Israel speedily and in our days, Amen The Meoros Halacha Staff

6 CONTENTS THE TEN DAYS OF TESHUVA Halochos of the Ten Days of Teshuva...8 Introduction Seek out Hashem when He is to be found Scrutinizing one s deeds What is teshuva Questionable sins Bad character traits and false ideologies Beloved and cherished to Hashem Accepted Practices for the Ten Days of Teshuva...10 Learning mussar Seven days before Yom Kippur The four categories of atonement Chilul Hashem Teshuva with love, and learning Torah with pure intent Increasing Torah study Increasing mitzvos and good deeds Curtailing one s business Kiddush levana Carefulness in Mitzva Observance Appeasing One s Fellows Sins between man and his fellow The obligation to appease those we have harmed Appeasing one s father and mother Theft Consulting a Rav Lashon hora Accepting lashon hora How to appease Publicly asking forgiveness Asking specific forgiveness Asking forgiveness from one s rebbe Teshuva for the bein adam l Makom aspect Asking forgiveness on erev Yom Kippur The proper response for the offended party to take When is it not necessary to forgive? Removing hatred from one s heart Slander The victim should present himself to the offender Asking forgiveness from the deceased Disgracing the deceased Prayer During the Ten Days of Teshuva...21 Avinu Malkeinu Avinu Malkeinu on Shabbos Tear away the evil from our verdict From the depths I have called You The Holy King and the King of judgment If one mistakenly recited the Holy God Immediately correcting the mistake If he began the fourth beracha If one made too long of a pause The King of judgment If one mistakenly recited King Who loves righteousness and justice If one made too long of a pause Remember us for life If one forgot to add these insertions Kaddish...all blessings Makes the peace Taking out the Sefer Torah Additions to Birkas HaMazon The Shabbos Shuva drasha Magen Avos Kapparos...30 The custom of kapparos Care must be taken while performing kapparos Leaning on the chickens Contemplating teshuva Using a white chicken Pidyon Kaparos Rooster and hen Pregnant women Using fish or other animals Kapparos with money EREV YOM KIPPUR Halochos of Erev Yom Kippur...34 Introduction Rejoicing on erev Yom Kippur Foods that should be eaten on erev Yom Kippur Eating bread Fasting on erev Yom Kippur A partial Yom Tov Avinu Malkeinu Davening by the graves of the righteous Immersing in a mikva on erev Yom Kippur Chatzitzos The proper time for immersing If one is unable to immerse May a mourner immerse Viduy (Confessing)...41 Introduction Who is obligated to confess Confessing on erev Yom Kippur Confessing during Mincha An additional viduy before Yom Kippur begins Viduy on Yom Kippur The individual s Viduy The chazan s viduy Standing for viduy The essence of viduy Fortunate is he whose sins are concealed Quietly specifying one s sins Specifying, For the sin of Confessing again sins one has already confessed Striking the chest Regret over the past and resolution for the future The order of viduy Interrupting viduy Thirty-nine lashes The last meal before Yom Kippur Which

7 foods should be eaten Concluding the meal Eating after the Seuda HaMafsekes Tosefes Yom Kippur The time for Tosefes Yom Kippur Accepting the fast from plag hamincha time Mentally accepting the fast Insulating foods for after Yom Kippur Bedieved Preparing food for a weak person Spreading out tablecloths Lighting candles for Yom Kippur Shehechiyanu Shehechiyanu when lighting Yom Tov candles Shehechiyanu when lighting Yom Kippur candles Accepting Yom Kippur when lighting candles Ner chaim Ner neshama To honor that which Hashem has made holy Yom Tov clothes White clothes Blessing children The blessing of tzaddikim Wearing a tallis YOM KIPPUR Halochos of Yom Kippur Introduction Carrying The five afflictions The restrictions of Yom Kippur apply also at night Eating and drinking on Yom Kippur Tasting foods Smelling fragrant spices Inedible foods Swallowing saliva Touching food on Yom Kippur Feeding a child who could feed himself Washing on Yom Kippur Washing for enjoyment Washing hands in the morning Washing the face, eyes and mouth Washing hands after using the bathroom If a person entered a bathroom but did not relieve himself If a person touched the covered parts of his body If a person touched a shoe Washing hands before davening Washing hands before Birkas Kohanim Wet enough to impart moisture Wiping with a moist cloth Washing a sick person Immersing in a mikva Rinsing food Kalla Applying ointments Applying ointment to remove dirt from the body Applying ointment to a sick person Wearing shoes Non-leather shoes Where one cannot walk barefoot Walking on filth Immediately removing shoes Wearing shoes on opposite feat Preferable to wear other shoes Wearing shoes at home Wearing one shoe Ignoring mockery Standing on leather pillows Standing on pillows during Shemoneh Esrei Who has provided for all my needs Marital relations Children up to age nine Children washing and applying ointment Children wearing shoes Babies that became soiled Training children to fast Training a girl to fast A child under age nine Eleven-year-old children The currently accepted practice Bar-mitzva age children THE ILL ON YOM KIPPUR Feeding the Ill on Yom Kippur...82 Introduction A sick person A sick person who does not wish to eat Eating in small measures If small measures do not suffice If the sick person requests more food Limiting the amount of food A person who requires only food or drink Consulting doctors and Rabbonim Shiurim Any soul who does not afflict himself Eating within a kdei achilas pras Eating a k koseves in more than kdei achilas pras Less than a shiur is still a Torah prohibition K koseves Maleh lugmav K koseves applies equally to all people Maleh lugmav depends upon the size of a person Combining different foods or drinks Combining foods with drinks Condiments Feeding a sick person on Yom Kippur Giving a sick person to drink How long to pause between servings Eating and drinking Soaking bread in a liquid Measuring foods before Yom Kippur Measuring liquids Kiddush Berachos before and after eating Additions to Birkas HaMazon Categories of Sick People...93 Trusting a doctor s opinion Expert doctors An amateur who recognizes the illness A sickness that might progress into a risk of life If a sick person says that he does not need to eat If a sick person says that he must eat Pregnant or nursing women A woman who nurses a sick child A woman within three days after birth If she says that she need not eat From the third day after birth to the seventh After the seventh day Calculating the days Resting rather than eating

8 8 / Meoros Halacha HILCHOS YOM KIPPUR דף ב / עשרת ימי תשובה Introduction HALACHOS OF THE TEN DAYS OF TESHUVA It is a positive commandment from the Torah for each person to repent of his sins. This commandment is repeated in the Torah and the Neviim. The Jewish people will be redeemed only through teshuva, and the Torah assures us that we are destined to repent at the end of the Golus, and then we will immediately be redeemed, as the possuk states, And it will be when all these things befall you you will return to Hashem, your God and Hashem will return your captives, and have mercy upon you. 1 The merit of teshuva is so great that it reaches up to the Heavenly Throne of Glory, as the possuk states, Return, O Israel, to Hashem your God. 2 Seek out Hashem when He is to be found Although teshuva and prayer are always effective, they are especially effective during the Ten Days of Teshuva between Rosh Hashanah and Yom Kippur. During these days they are accepted immediately, as the possuk states, Seek out Hashem when He is to be found. Our Sages understood that this refers to the Ten Days of Teshuva between Rosh Hashanah and Yom Kippur. During these days, even a single individual who turns to Hashem is answered immediately. 3 For this reason, it is an accepted custom among the entire Jewish people to increase their tzedaka and good deeds, and to engage in mitzvos between Rosh Hashanah and Yom Kippur, more than their standard during the rest of the year. 4 It is also customary to wake up early to entreat Hashem with prayer and supplication. 5 It is considered a severe sin for a person to refrain from teshuva, and to fail to increase his Torah study and good deeds during these days See Rambam, Hilchos Teshuva 7:5. 2. Yoma 86a. Rabbeinu Yona writes that a person who sins and procrastinates his teshuva only adds to the severity of his punishment. This is because he knows that Hashem is angered with him, and that he has the opportunity to appease Him through teshuva, yet stubbornly refuses to do so (Shaarei Teshuva 1:2). 3. Rosh Hashanah 18a; Rambam ibid, 2:6. 4. Rambam ibid, 3:4. 5. Tur 581; Shulchan Aruch 602:1. 6. Chayei Adam 143.

9 Tractate Yoma / 9 דף ג / עשרת ימי תשובה Scrutinizing one s deeds During the Ten Days of Teshuva each person must make an accounting of his deeds, and repent of his wrongful acts. 7 What is teshuva The Rambam writes: What is teshuva? It is when a sinner abandons his sins, turns his thoughts from them, and resolves in his heart never to repeat them, as the possuk states, Let the wicked abandon his path He must regret the past, as the possuk states, After my return, I regretted, such that Hashem, Who knows all that is hidden, can testify that he will never return to his sins again, as the possuk states, We will no longer call the work of our hands our god. One must confess his sins aloud, and speak out the repentance of his heart. 8 Questionable sins A person must be even more scrupulous in repenting from actions that are only questionably sinful. This is because a person who knows that he has sinned is more easily prone to regret than a person who is not convinced that he was wrong. 9 Furthermore, if he is still plagued by doubt, the yetzer hora encourages him to continue in his path, claiming that he has done nothing wrong. Therefore a person must strengthen his resolve to return from questionable sins. Our Sages tell us that when a person attempts to purify himself he is granted assistance from Above. 10 דף ד / עשרת ימי תשובה Bad character traits and false ideologies Let a person not say that teshuva is only necessary for wicked deeds, such as illicit relations and theft. Rather, just as one must repent of these sins, he must also search out his heart for negative character traits such as anger, enmity, jealousy, mockery, and the pursuit of money, honor, gluttonous eating habits, and the like. These negative traits are harder to repent from than wicked deeds. Once a person has become accustomed to them, it is very difficult for him to change Rema 603:1, Mishna Berura s.k. 3. The Chayei Adam (143) expands upon this topic at length. 8. Rambam ibid, 2:2. 9. Rema 603:1, based on Rabbeinu Yona, Berachos ch Aruch HaShulchan ibid, Rambam ibid, 7:3. The Aruch HaShulchan (602:5) adds that one must also repent of false ideologies and heretical notions, which are likened to tzaraas of the soul. In this last era before Moshiach s arrival, the yetzer hora directs all its powers to this end. Our Sages tell us, In the era before Moshiach, audacity will abound. This refers to audacity against Hashem. A person must consider that he is but a small and

10 10 / Meoros Halacha Beloved and cherished to Hashem A baal teshuva should not be mistaken into thinking that because of his past sins he is far from the level of the righteous. Teshuva draws close those who were estranged. Yesterday he was hated, loathsome, disdained and abominable before Hashem. Today he has become beloved, cherished, and dearly drawn close, as if he had never sinned at all. Furthermore, his reward is great, since he has tasted the pleasures of sin and yet abandoned them, conquering his yetzer hora. Our Sages tell us, In the place of baalei teshuva, even perfect tzaddikim cannot stand, meaning to say that the baal teshuva is on a higher level than those who have never sinned. A person who sins and then returns fights a greater war against his yetzer hora than he who has never sinned at all. 12 דף ה / עשרת ימי תשובה Learning mussar Accepted Practices for the Ten Days of Teshuva One is obligated to learn mussar throughout the year. 13 The Rosh writes that during the Ten Days of Teshuva, the appropriate mussar sefer to learn is Iggeres HaTeshuva by Rabbeinu Yona, which specifically addresses teshuva. 14 Each person should learn the seforim that inspire him to teshuva and draw him close to Hashem s service. 15 During these days, a person should grieve over his sins and examine his deeds before he goes to sleep at night. 16 insignificant creature of limited wisdom, misled by his animalistic desires. He must ask himself, Who am I to question the teachings of the Torah or the words of our Sages? In my limited wisdom, I cannot even grasp the simple conversations of their students students. How dare I contest their words? He should find strength in Torah, prayer and the Tehillim of David HaMelech, in fulfillment of the possuk, The righteous shall live by his faith. 12. See Rambam ibid, 4: Mishna Berura 603 s.k. 2, citing the Arizal and Gra; Kaf HaChaim ibid 10, citing Birchei Yosef, see also Kaf HaChaim ibid 22. See also Shaar HaTzion, cited in the following footnote. 14. Mishna Berura, ibid. See Shaar HaTzion s.k. 6, who writes that the Rosh did not mean to imply that only during the Ten Days of Teshuva need one learn mussar. Rather, he meant that Iggeres HaTeshuva specifically discusses teshuva, and therefore he encouraged learning it during the Ten Days of Teshuva. The Mateh Ephraim (ibid, 4) and Kaf HaChaim (ibid, 21) citing Mateh Moshe write that one should also learn Sefer HaYashar by Rabbeinu Tam. 15. Mateh Ephraim ibid, 4. See loc. cit. that during these days one should dedicate his Torah study primarily to Maseches Yoma and its commentaries, to become familiar with the Yom Kippur service of the Beis HaMikdash. Our Sages tell us that learning the portions of the Torah that discuss korbanos is valued as if one had actually offered them. One should also learn the relevant halachos of the season. 16. Ibid, Mishna Berura s.k. 2, citing Mateh Moshe in the name of the Zohar.

11 Tractate Yoma / 11 Seven days before Yom Kippur The seven days between Rosh Hashanah and Yom Kippur correspond to the seven days of the week. During each of these days, one should do teshuva for the sins he had committed on that day of the week for all the weeks of his life. For example, on the Sunday of the Ten Days of Teshuva he should do teshuva for all the Sundays of his life; on Monday he should do teshuva for all the Mondays of his life, etc. 17 דף ו / עשרת ימי תשובה The four categories of atonement Although teshuva achieves atonement for one s sins, and Yom Kippur itself also enacts atonement, there are some sins for which one is immediately forgiven, whereas other sins require further conditions for atonement. In this regard, there are four categories of atonement. 1. If a person fails to perform a positive commandment and repents, he is forgiven immediately. 2. If he transgresses a prohibitive commandment that is not punishable by kareis or death by Beis Din, his repentance is contingent upon Yom Kippur to complete his atonement. 3. If he transgresses a prohibitive commandment that is punishable by kareis or death by Beis Din, his repentance and Yom Kippur are both contingent upon the suffering that will come upon him to complete his atonement. 18 Chilul Hashem 4. The fourth category includes sins that caused a chilul Hashem (disgrace to Hashem s Name). If a person has made a chilul Hashem through his sins, even though he has repented, observed Yom Kippur, and endured suffering, his complete atonement is achieved only with his death. Regarding this the possuk states, This sin will not be atoned for you until your death Mishna Berura ibid, citing Yaaros Dvash. The Kaf HaChaim (562:14) cites from the Arizal that by fasting during these seven days and doing sincere teshuva, each day atones for the corresponding day of the week for all the weeks of his life. See Lev Eliyahu III (Teshuva 6,7), who writes that on the last week of the year, each day can rectify the corresponding day of the week for that entire year. 18. Rambam ibid, 1: ibid.

12 12 / Meoros Halacha Teshuva with love, and learning Torah with pure intent The Sages of previous generations have assured us that these four categories apply only to a person who repents from fear of Hashem. If a person repents for love of Hashem, and learns Torah with pure intent, his sins are forgiven with teshuva alone, and he is not subject to the conditions of atonement described above. 20 דף ז / עשרת ימי תשובה Increasing Torah study When a person repents, he should devote his heart to Torah study. If he was accustomed to learning one page, he should instead learn two. Torah study is of great significance, since it brings a person to good deeds. A person should afflict himself by subjugating his yetzer hora into learning Torah and performing mitzvos. The discomfort this may cause him is considered a suffering of love. 21 Increasing mitzvos and good deeds It is an accepted custom among the entire Jewish people to increase their tzedaka and good deeds, and to engage in mitzvos between Rosh Hashanah and Yom Kippur, more than their standard during the rest of the year. The reason for this is that a person must view himself as equally balanced between merit and sin. The world is similarly balanced between merit and sin. Through one sin, a person can tip both himself and the entire world towards the direction of evil, and thus bring destruction upon us all. Through one mitzva, he can tip both himself and the entire world in the direction of merit, and thus bring salvation to us all Chida, cited in Eleph HaMagen, 603: Rabbeinu Yonah, Yesod HaTeshuva. 22. Rambam ibid, 3:4. The Mateh Ephraim (603:5) writes that in order to increase their merits, some have the custom to purchase a lulav and esrog during the Ten Days of Teshuva, in honor of the holiday of Sukkos which arrives soon after. However, the Chasam Sofer (Drashos for Sukkos I, p. 38 s.v. M.K. 9) cites from the Midrash that Hashem placed Sukkos four days after Yom Kippur, to allow us time to purchase the four species (lulav, esrog, hadasim and aravos) in the interim. The Midrash compares lulav and esrog to the ceremonial symbols of victory that soldiers would carry after their victory in war. The symbols cannot not be prepared ahead of time, since one cannot yet boast of his victory. The Shaarei Teshuva (625) writes that one should begin building his sukka during the Ten Days of Teshuva, in order to increase his merits. This contradicts the opinion of the Eliya Rabba, who implies that one should not begin building his sukka until after Yom Kippur. The Shaarei Teshuva cites from the Birchei Yosef that it is most preferable to build the walls of the sukka before Yom Kippur, and place the schach on top on motza ei Yom Kippur.

13 Tractate Yoma / 13 Curtailing one s business During the Ten Days of Teshuva, one should limit his business dealings, in order to dedicate his time to mitzvos, good deeds and Torah study, more than his standard during the rest of the year. He should also give more tzedaka than he is generally accustomed to give. This is a time of Heavenly favor, in which one s prayers and good deeds are especially potent. 23 דף ח / עשרת ימי תשובה Kiddush levana Kiddush levana should not be recited until motza ei Yom Kippur. This is because during the Ten Days of Teshuva we are scrutinized by strict Heavenly judgment, and find it difficult to muster the joy with which kiddush levana should be recited. Our Sages tell us that on motza ei Yom Kippur a bas kol (Heavenly voice) proclaims, Go forth and eat your bread with joy. 24 Therefore it is an opportune time for reciting kiddush levana. However, some Acharonim hold that it is better to recite kiddush levana during the Ten Days of Teshuva, in order that this mitzva may be added to our merits, and perhaps tip the scales in our favor. 25 Carefulness in Mitzva Observance It is proper to observe mitzvos with exacting strictness (chumros), even if one does not usually follow these practices during the rest of the year. 26 Since we ask Hashem to show us kindness beyond what we deserve, we also perform His mitzvos beyond the required measure. 23. Chayei Adam 143. See Yaaros Dvash (I, 1) citing the Arizal, that one should conduct himself during these days as he would during Chol HaMoed. He should refrain from business and labor, unless this would cause him a monetary loss. Otherwise, he should devote his time to examining his deeds. 24. Rema 602, Mishna Berura s.k Mishna Berura ibid, citing Levush, Beis Meir and Gra. The Kaf HaChaim (ibid:19) also cites these opinions. Kaf HaChaim (426:27) cites from the Chida further reasons why it is preferable to recite kiddush levana before Yom Kippur. This is also the opinion of the Chessed L Avraham, Lev Chaim, and several other Acharonim. 26. Shulchan Aruch 603:1. See Mateh Ephraim (602:47) who writes that during the Ten Days of Teshuva one must perform all mitzvos to their utmost perfection. For example, if a person usually suffices with eating cake or fruit for Melava Malka, during the Ten Days of Teshuva he should eat at least a kazayis of bread, as is proper. The Kaf HaChaim (603:26) cites from the Ben Ish Chai that a woman who usually does not bake bread and fulfill the mitzva of separating challa with a beracha, should do so at least once a year during the Ten Days of Teshuva.

14 14 / Meoros Halacha Therefore, if a person usually relies on the lenient opinions who allow pas palter (bread baked in a gentile bakery), during the Ten Days of Teshuva he should eat only pas Yisroel (bread baked by Jews). 27 All the more so should one scrupulously avoid any actions that entail a possibility of sin. 28 דף ט / עשרת ימי תשובה Sins between man and his fellow Appeasing One s Fellows Neither teshuva nor Yom Kippur have the power to atone for sins between man and his fellow, unless he first appeases those whom he has wronged. Even if no monetary loss or damage was caused, but one simply offended another with his words, he still must ask forgiveness, since he has transgressed the Torah prohibition against ona as devarim (hurting another person s feelings). 29 The obligation to appease those we have harmed The obligation to appease those we have harmed applies throughout the year. However, sometimes a person does not find time to apologize and thus procrastinates fulfilling his obligation. Nonetheless, when erev Yom Kippur ar-rives one is especially obligated to ask forgiveness and correct his offense, in order to become pure from his sins. 30 Furthermore, it is essential that the Jewish people be at peace with one another come Yom Kippur, in order that the Satan will not have an opportunity to make accusations against us Shulchan Aruch ibid, 1; Mishna Berura s.k. 1; Kaf HaChaim, 1. The Kaf HaChaim (ibid:3) also cites the debate between the Shulchan Aruch and Rema (Y.D. 112) in regard to bread baked by a gentile in his home. The specifics of these halachos are discussed in Shulchan Aruch, Y.D. loc. cit. 28. Eleph HaMagen, ibid: 2. There, he cites from the Ramak in Seder Avodas Yom HaKippurim that during the Ten Days of Teshuva a person should act with exceptional piety, beyond the requirement of halacha, since during these days Hashem sits on His Throne of Mercy, and grants us kindness beyond our merit. 29. Mishna, Yoma 85b; Rambam ibid, 2:9; Shulchan Aruch O.C. 606:1, Mishna Berura s.k. 1. The possuk states, For on this day you will be atoned to be purified before Hashem. That is to say, we are purified from our sins against Hashem, but not from our sins against our fellows unless we appease them (Shulchan Aruch HaRav, ibid: 1). The Sefas Emes (Yoma 87b s.v. Ikpid) writes that even if a person s friend has unjust complaints against him, he still must endeavor to make peace for Yom Kippur. 30. ibid, Mishna Berura s.k. 1 citing Mateh Ephraim. Eleph HaMagen (ibid: 3) cites from Yafe L Lev that if a person wishes to appease someone who lives in a different city, and is unable to do so on erev Yom Kippur, he should resolve to appease him when he is able, and thereby Yom Kippur will enact atonement for his sins. 31. The Tur (ibid) cites a Midrash from Pirkei D Rebbe Eliezer that when the Satan finds the Jewish people free of sin on Yom Kippur, he proclaims, Master of the Universe, You have one nation upon the

15 Tractate Yoma / 15 Appeasing one s father and mother If our Sages require us to ask forgiveness from our peers, then most certainly we must ask forgiveness from our parents, since no one is free from the sin of failing to honor his parents properly. A person who fails to ask forgiveness from his parents is considered a sinner who disparages the honor due to his father and mother. 32 דף י / עשרת ימי תשובה Theft If a person has wronged another in monetary dealings, or if he has stolen, he must return his wrongful gain immediately and not wait until erev Yom Kippur. The prohibition against theft is coupled with a positive commandment to return a stolen object. Every single moment a thief keeps a stolen object in his possession, he transgresses the positive commandment to return it, and thereby correct his sin. 33 All the more so on erev Yom Kippur must one return stolen objects. The sin of theft arouses terrible accusations against a person in Heaven, as our Sages say, From a collection of sins, theft is the first to raise accusation. 34 After returning the money that he owes, one must ask forgiveness from his victim. 35 Even after receiving his forgiveness, the sin is not atoned until he confesses it to Hashem, and resolves never again to wrongfully take another person s money. 36 earth who are like the ministering angels Just as the angels have peace among them, so do the Jewish people on Yom Kippur. Hashem hears even the accusers testifying on our behalf and forgives our sins. 32. Ben Ish Chai, Parshas Vayelech:6. He further writes that if a son is foolish and does not ask forgiveness, his parents should nonetheless say aloud, I completely forgive my child, [insert name], for anything he has done against me. 33. Shulchan Aruch 606, Shaar HaTzion s.k. 2: Every positive commandment, such as lulav, Birkas hamazon, and Shema, must be performed in its appropriate time, and not be procrastinated. All the more so must the mitzva of returning a theft be performed immediately, since it is the rectification of a sin. 34. ibid, Mishna Berura s.k Rambam, ibid 2:9. Even though one has returned the money he owed, he must still ask forgiveness for the anguish that he caused, as we find in Bava Kama 92a (Kaf HaChaim 606:7). In She eilas Shmuel, the question is raised whether one must ask forgiveness if his victim never realized he was robbed, and never suffered any anguish from it. The Kaf HaChaim concludes that one must still ask forgiveness, since he has prevented his victim from investing the money and profiting from it (see Yerushalmi Bava Metzia 5:3). 36. Rambam ibid, 1:1, cited by Kaf HaChaim, ibid.

16 16 / Meoros Halacha Consulting a Rav In any question of monetary matters, one should not rely on his own judgment, since the yetzer hora can suggest many baseless justifications. A competent Rav must be consulted for a halachic ruling to clarify one s obligations according to Torah law, in order that one not retain another person s money unjustly. The entire matter should be described to the Rav in perfect truth, so that a correct ruling may be determined. 37 דף יא / עשרת ימי תשובה Lashon hora If a person speaks lashon hora against another Jew, he transgresses a Torah prohibition bein adam l Makom between man and God, since he has acted against Hashem s will. Furthermore, if by speaking lashon hora he has disgraced his victim, or caused him bodily or monetary harm or anguish, he also transgresses a prohibition, bein adam l chaveiro between man and his fellow. 38 In order to do teshuva for speaking lashon hora, one must regret having sinned, confess to Hashem, and firmly resolve never to speak lashon hora again. With this, he will be forgiven for the bein adam l Makom aspect of lashon hora. 39 If his lashon hora also fell into the category of bein adam l chaveiro, he must also appease his victim and ask forgiveness in order to achieve atonement. 40 Accepting lashon hora By accepting lashon hora and believing what was said against the victim, one also transgresses many of the prohibitions and positive commandments associated with lashon hora. 41 In order to do teshuva for this sin, he must firmly dismiss the words of lashon hora from his heart, and resolve himself not to believe them. He must also resolve never to accept lashon hora again, and confess this sin to Hashem Chayei Adam 144:6, cited in Mishna Berura 606 s.k. 1 and Kaf HaChaim ibid, Chafetz Chaim, Hilchos Lashon Hora, 4: Ibid. 40. ibid; Be er Mayim Chaim, 47. The Chafetz Chaim adds that even if the victim did not know that lashon hora was spoken against him, one must admit this to him in order to ask forgiveness. However, R Moshe Shternbach (Moadim U Zmanim 1:54) writes that he heard from R Dessler in the name of R Yisroel Salanter that in such a case, it is best not to inform the victim of the lashon hora, in order that the victim not suffer from the knowledge of his humiliation. Through the very act of asking forgiveness one would transgress the prohibition of causing grief to another Jew. Rather, one should ask general forgiveness for any harm he may have caused, without making specific mention of the lashon hora. 41. As explained at length in the introduction to Chafetz Chaim: Laws of Lashon Hora. 42. Chafetz Chaim, 6:12.

17 Tractate Yoma / 17 דף יב / עשרת ימי תשובה How to appease If one has caused harm to his fellow, it is best to appease him personally, and not through an intermediary. However, if it is difficult for him to do so, or if he knows that an intermediary would be more effective, he may send an intermediary on his behalf. 43 If a person asks forgiveness, but his victim is not prepared to forgive him, he must ask again a second and third time. Each time, he should attempt to appease him in a different manner. He should enlist the support of friends to ask forgiveness on his behalf, bringing with him three people when he comes to ask forgiveness. ٤٤ If one has attempted to ask forgiveness three times, (each time bringing three people), and the victim is still not appeased, he is not required to continue asking forgiveness, since he has done all that is within his ability. 45 However, if he wishes he may continue to ask forgiveness, unless this would entail a degradation to the honor of the Torah. In such a case, since he has already fulfilled his obligation by asking forgiveness three times, he may not continue to entreat his victim for forgiveness. 46 Publicly asking forgiveness If a person has publicly embarrassed his fellow, he must ask forgiveness in front of ten people, even if they are not the same people who were present when the embarrassment took place. Even if he embarrassed him before a much greater audience, it is sufficient to ask forgiveness in front of ten people Mishna Berura 606, s.k Shulchan Aruch 606:1, Mishna Berura, s.k. 3; Aruch HaShulchan, 3. The Shulchan Aruch implies that even upon the first attempt to ask forgiveness, one should bring with him three people. However, the Rambam seems to hold that the first time one should ask forgiveness alone; perhaps this will be sufficient. If the victim does not forgive him the first time, then he must come an additional three times to ask forgiveness, each time bringing three people with him. This also seems to be the ruling of the Talmud Yersuhalmi, at the end of Maseches Yoma (Biur Halacha ibid, s.v. Yachzor v yeilech). 45. ibid; Mishna Berura s.k. 4. In order that people not suspect the penitent of failing to humble himself to ask forgiveness, he should announce in the presence of ten people that he has asked forgiveness but failed to appease his victim, (see Rema and Shulchan Aruch HaRav 2; Mishna Berura s.k. 6). The Kaf HaChaim (ibid: 24) adds that it would seem from here that if no one knew of his sin against his fellow, he need not publicize that he has asked forgiveness. 46. ibid, Mishna Berura s.k. 5. See Kaf HaChaim (ibid 22) citing the Pri Chadash, who writes that if one has fulfilled his obligation by asking forgiveness three times, even if his victim chooses not to forgive him, Yom Kippur will still enact an atonement for his sin. Our Sages tell us, Yom Kippur does not atone for sins that are bein adam l chaveiro, unless one first appeases his fellow. This implies that if one attempts to appease his friend, but his friend chooses not to forgive him, Yom Kippur does atone. He also cites from the Mordechai in the name of the Midrash Tanchuma, that when Hashem sees that the offender has humbled himself before his victim, He has mercy and forgives him (ibid 23). 47. Mekor Chaim (by author of Chavos Yair) 606:1.

18 18 / Meoros Halacha Asking specific forgiveness If one asks general forgiveness from a group of people, and knows that he has specifically harmed one of them, he must again ask forgiveness from that individual for the harm he has caused him. 48 דף יג / עשרת ימי תשובה Asking forgiveness from one s rebbe If a person has sinned against his rebbe, even if it is not his foremost rebbe but simply a person who has taught him Torah, he must continue to ask forgiveness until his rebbe is appeased. 49 He must ask forgiveness even a thousand times, until his rebbe forgives him. 50 Teshuva for the bein adam l Makom aspect Even after a person has been forgiven by those he has harmed, he must also ask forgiveness from Hashem, for the bein adam l Makom aspect of the sin (since he has defied Hashem s will by harming his fellow). He must regret his sin, confess to Hashem, and resolve never to repeat it. 51 Asking forgiveness on erev Yom Kippur Some have the custom to ask general forgiveness from their associates on erev Yom Kippur, even if they do not know of any harm they have caused, just in case they may have unknowingly caused offense. 52 The proper response for the offended party to take It is forbidden for a person to cruelly deny forgiveness. One should be quick to pardon and slow to anger. When a person who has harmed us asks for our forgiveness, we should forgive sincerely and wholeheartedly. Even if person has suffered severe harm and grief, he still should not bear vindictive ill will towards his offender. This is the way of the Jewish people, and their righteous heart Mishna Berura ibid, s.k Rambam ibid, 2:9; Shulchan Aruch 606:1, Mishna Berura s.k. 7. The source for this is from Yoma 87b, where we find that Rav went to ask forgiveness thirteen times from R Chanina, his rebbe (Hagahos Maimones, Kesef Mishna ibid). 50. Rambam, ibid. 51. Mishna Berura 607 s.k. 13; Chafetz Chaim 4: Rema 606:2; Aruch HaShulchan, Rambam, ibid 2:10.

19 Tractate Yoma / 19 Our Sages tell us that anyone who is forgiving of injury is forgiven for all his sins, since the justice of Heaven is meted out in a measure that corresponds to our own actions (midda k neged midda). One must forgive even those people who have deliberately harmed him; thereby, he will be forgiven even for the sins that he has deliberately transgressed. 54 If he refuses to forgive those who have harmed him, he will also not be forgiven for his sins. 55 דף יד / עשרת ימי תשובה When is it not necessary to forgive? In certain cases, one need not forgive those who have harmed him, and he is not considered cruel for refusing to grant forgiveness. For example, if his intention is for the benefit of the offender, he need not forgive. At times it is best for the offender to know that he is not forgiven, in order that his heart become contrite, and he will not sin again. 56 Similarly, if he is concerned that by forgiving he may suffer some harm, he need not forgive. His own interests take precedence to the interests of the offender. 57 Removing hatred from one s heart Even in cases where it is permitted to deny forgiveness, it would seem that one should overcome his hatred against the offender, since the offender has asked forgiveness. 58 Slander If a person has been the victim of slander, he need not forgive the offender, since there are people who have heard the slanderous allegations, but may not have heard the offender s apology. They may still believe the slander to be true, and the victim s reputation remains tarnished in their eyes. Nevertheless, a humble person would forgive the offender even in such a case. 59 If the offender has done his utmost to restore the good name of his victim, by publicly announcing that his slanderous accusations were baseless and publicly asking forgiveness, then one must forgive him. News of the offender s announcements will travel by word of mouth, such that even if people did not directly hear them, they will soon find out about them. Eventually, it will become public knowledge that the slander was untrue Rema 606:1, Mishna Berura s.k. 8, Shaar HaTzion s.k Mishna Berura, Shaar HaTzion, ibid. 56. Rema 606:1, Mishna Berura s.k Mishna Berura ibid, s.k Mishna Berura ibid, s.k. 9, Shaar HaTzion s.k ibid, Rema 1, Mishna Berura s.k. 11, Shulchan Aruch HaRav Aruch HaShulchan ibid, 2.

20 20 / Meoros Halacha דף טו / עשרת ימי תשובה The victim should present himself to the offender If the offender is not self-motivated to ask forgiveness from his victim, it is proper for the victim to present himself to the offender, to allow him the opportunity to ask forgiveness. 61 Asking forgiveness from the deceased If a person has harmed another, and his victim died before he asked forgiveness, he should bring a group of ten people to the grave of his victim and state before them his offense. He should say, I have sinned against the God of Israel and against this person [mentioning him by name], and then detail his offense. They should respond to him, You are forgiven, three times. 62 If a person has disgraced the honor of a dead person after his passing, he need not go to his grave to ask forgiveness. It is sufficient to ask forgiveness in the place where he offended him. See footnote. 63 If a person offends his fellow, and also disgraces the honor of his ancestors, even if the victim forgives the slight to his own honor, he does not have authority to offer forgiveness on behalf of his ancestors. In this case, the offender must also ask forgiveness from the ancestors. 64 Disgracing the deceased The early authorities enacted a ban (cheirem) not to slander the deceased. If a person violates this ban, he must do teshuva Mateh Ephraim 606: Shulchan Aruch 606:2, Mishna Berura s.k. 15. The Mishna Berura (s.k. 14) adds that the offender must walk barefoot to his victim s grave. If the grave is more than three parsa os away, he may send an intermediary to ask forgiveness on his behalf. The intermediary should bring ten people with him, and say, I am a delegate sent by [insert name] to publicly confess that he has sinned against the God of Israel, and so on. 63. Ibid, Mishna Berura s.k. 14, citing Acharonim. See Kaf HaChaim (ibid, 35) who cites the Acharonim, and then cites the Maharshal from Yam shel Shlomo who holds that even if he disgraced the deceased person after his death, he still must go to his grave to ask forgiveness. This also seems to be the opinion of the Rema (C.M. 420:38). The Kaf HaChaim concludes that in practice one should be stringent to follow this opinion, which also seems evident from the Gemara. 64. Mateh Ephraim ibid, 7. In such a case, one must follow the procedures outlined above for asking forgiveness from the deceased. These halachos are found in Shulchan Aruch C.M. 420:38 and Yam shel Shlomo, Bava Kama 8: Shulchan Aruch 606:3, Mishna Berura s.k. 16. See Kaf HaChaim ibid, 48, 49. The Poskim (Yam shel Shlomo ibid, Biur HaGra 606:3 s.v. Takanas, Kaf HaChaim ibid, 46) cite from the Midrash Tanchuma (Parshas V eschanan) the following episode: When Hashem forbade Moshe Rabbeinu to enter into Eretz Yisroel, Moshe asked why Hashem was so angry with him. Hashem told him that he was being punished for rebuking the Jewish people by saying, You have stood in the place of your fathers, students of sinful people (Bamidbar 32:14). Were Avraham, Yitzchak and Yaakov sinners, that you speak thus