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Last week, I asked a powerful question which received a lot of great answers in the comment section. Today, I want to give my own answer (inspired by what I have learned from my Rabbis).

If you would like to re-read the question, please click here. Here is a short summary:

We know that the Torah, as derived in the Gemara, says that any person who goes over a negative commandment should receive the punishement of Makkot. One of the exceptions to this rule is that of the Lav Hanitak LeAsseh. We know that the Ramban says that teshuva is a positive commandment from the Torah. If this is the case, and Teshuva is the repentance from one’s sins, then all negative commandments are Lav Hanitak LeAsseh, the Asseh being doing Teshuvah. If this is the case, then we can never, even conceptually, receive the punishment of Makkot! This makes no sense since it is mandated in the Torah!

My answer goes to the core of the definition of Teshuva. Through this question, I think we can understand the deeper meaning of what Teshuva really is, especially through the perspective of Rav Avraham HaKohen Kook. I joked around with one of my friends explaining that this question proves that learning Rav Kook is essential in understanding the meaning of Torah :-).

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A few post Yom Kippur thoughts:

Here is a question I heard from Rav Mordechai Elon, in the name of the Hi”da, about the nature of Teshuva. Fasten your seat belts because it is quite a difficult question. Hopefully, some of you will have some good answers. I plan on posting my own answer during Chol Hamoed Sukkot. The answer I have bring an incredible understanding to our holidays and to the concept of Teshuva. Still, enjoy this post - the question is as sweet as the answer, and I can’t wait to read your answers as well.

There is a concept in Halacha called “Lav Hanitek Leasseh”. This concept, a very technical legal concept, is defined as follows: If there is a Lav, a negative commandment, which is then connected to an asseh, a positive commandment, then it is a Lav Hanitek LeAsseh. For example, if you steal (going against a negative commandment), you then need to give back what you have stolen (a positive commandment related to this negative commandment). Therefore, the commandment not to steal is a Lav Hanitek LeAsseh.

On the other hand, if you have a negative commandment which is NOT related to a positive commandment , it is NOT called a Lav Hanitek LeAsseh. Any negative commandment which is not followed by a positive commandment related to it DOES NOT fall in this category.

This differentiation has a practical difference (Nafka Minah) in Jewish Law - We get Malkout (flagellation) for going against any negative commandment except for a Lav Hanitek LeAsseh . (There are other exception to this rule but they are not relevant to this question: A Lav She-ein Bo Maaseh and a Lav Sheyesh Bo Mitat Beit Din.) Again: if it is a regular negative commadment, you get Malkout for going against it. If it is a Lav Hanitek LeAsseh, you don’t.

Now comes the most incredible part of the question. There is a Mahloket between the Rambam and the Ramban. The Rambam holds that Teshuvah is not a mitzvah from the torah. If you sin, you sin, and then you need to do teshuva but its not a Mitzvah from the torah to do Teshuvah. We won’t deal with his opinion right now.

On the other hand, the Ramban says that Teshuvah is a Mitzvah Min Hatorah, a positive commandment from the torah.

Now, lets formulate this Ramban in the way it is usually understood: If someone sins, then he has the positive obligation of doing teshuva. How does this apply to a negative commandment? If someone goes against a negative commandment, then he has the obligation to do teshuva. This applies to ANY negative commandment!

Rav Elon quotes the Hidah which asks an absolutely incredible question. The Hi”dah asks: If the opinion of the Ramban is right, then all the negative commandments in the torah are Lav Hanitek LeAsseh! Think about it: If someone goes against any negative commandment, then he has the obligation to do teshuva. This is the very definition of a Lav Hanitek LeAsseh! But we have a problem! If this is the case, then, the punishment of Malkout (flagellation) can NEVER apply, since it only applies on negative commandments which are NOT Lav Hanitek LeAsseh! However, Malkout is a form of punishment from the Torah! How can it be possible that it would never apply? How can it be possible that we can’t even think, conceptually, of a time when this punishment can apply? This is impossible!

We all know the Ramban did not make stupid mistakes so the Hidah asks: What did the Ramban mean when he said Teshuva was a Mitzvat Asseh? We cannot just understand it through its simple literal meaning because, as we have seen, it would make absolutely no sense and would not be coherent with the rest of Torah!

I would love to read all of your answers as I prepare for the best way to formulate my own!

I am moved. I just heard an astounding Israeli radio broadcast, which has seriously shaken some of my prejudices and assumptions about Israeli society and about Jews.

It’s almost Yom Kippur, and I’ve had a difficult time personally with the ‘Yamim Nora’im’ - Days of Awe, the days between Rosh Hashana and Yom Kippur. I find the enormity of the fear that is so often emphasized, and the deep realization of personal responsibility for the past, to stress me emotionally, and, while I have been trying to engage in the emotional seriousness of the season, it has been difficult to make it personally meaningful and very positive.

I connected to a popular secular Israeli radio channel on web streaming a few minutes ago, and heard the talk show host chatting to the head of ‘Or Yarok’ (’Green Light’), a traffic safety organization in Israel… (more…)

As we continue the process started in Ellul, we know that we are engaging in a long process of separating ourselves from this world in order to perfect ourselves, spiritually, as Jews. Some people think this process ends on Yom Kippur when we are “as angels” - no food, no physical needs. However, while this process to Yom Kippur is necessary and essential to our growth as Jews, the process does not end there.

Rav Mordechai Elon Shli”ta once told a story of himself and his Dad when he was younger. I’ll try relating it as I can remember it. On the first Yom Kippur on which he fasted, Rav Elon got very excited towards the end of Neila. He really felt purified; all of his sins were cleansed. However, as soon as the shofar of Yom Kippur was blown, and as soon Yom Kippur ended, he heard the congregating, RIGHT AWAY, start Maariv with the words: “Vehou Racoum Yechaper Avon” - “And he is the merciful who will forgive our sins”. At this point, Rav Elon asked his Dad - Dad, we were just cleansed from our sins, we are pure and clean: Why do we need to ask for forgiveness now? Maybe by the time the Shmona Essrei comes around, we will have problems of Kavanah in our Tefillah or something - but right now? Why do we need this? Yom Kippur just ended!

Rav Elon’s Dad answered - You think Yom Kippur just ended, and ask why we should ask for forgiveness? Well, the reason why we need to ask for forgiveness is for thinking that Yom Kippur is over!

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