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20 Ellul 5762 - August 28, 2002 | Mordecai Plaut, director Published Weekly
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Opinion & Comment
Standing Trial on Rosh Hashonoh

by Rabbi Yosef Levinson

Chazal teach us that Rosh Hashonoh is Yom Hadin -- a Day of Judgment, when our lives literally hang in the balance. Our future is in the hands of the Beis Din Shel Ma'aloh, the Heavenly Court.

As we stand on the threshold of a new year, we ought to tremble with the same fear as one who faces trial for a capital offense. We can readily imagine the impact of a human court's decision. A guilty verdict and a harsh sentence would be immediate, devastating blows. However since spiritual matters are beyond our everyday experience, our lives continue, seemingly unfazed by the approach of Rosh Hashana. How are we to understand and overcome possible complacency at this awesome time?

Studying mussar and reflecting on its lessons aids tremendously in this pursuit. The essence of the mussar movement is to bring ma'amorei Chazal to life and to internalize them. Mussar is a guidebook to direct us in living our lives and conducting ourselves according to the Chachomim's teachings.

HaRav Yitzchok Blazer, affectionately known as Reb Itzele, in Kochvei Ohr, an ethical work that focuses primarily on the topic of teshuvoh and the Elul - Rosh Hashana - Yom Kippur period, provides a fitting example from the gemora (Avoda Zora 19b). Rav Alexandri called out, "Who wants life?" Everyone came and said, "Give us life!" Rav Alexandri said the posuk from Tehillim, "Mi ho'ish hechofeitz chaim. . . - Who is the man who wants life? - ... Netzor leshonecho meiro -- Guard your tongue from evil."

This episode is intriguing. What was motivating Rav Alexandri? He rallied the town's people together on the pretext of providing an elixir of life and instead quoted a posuk that they all certainly knew.

Reb Itzele explains that in fact he was teaching them a valuable lesson. Everyone wants to live and will do almost anything to prolong their life. In fact, the famous explorer Ponce de Leon hazarded travel on the high seas in 1513, with all the risks involved, to find the Fountain of Youth.

Any clear thinking person knows that a Fountain of Youth does not exist. Yet the desire to live longer is so great that we sometimes act irrationally. Even the most ludicrous claim, a Fountain of Youth, and any kind of elixir and/or lotion, will attract a crowd. Rav Alexandri simply reminds us that if we are prepared to put our faith in dubious physical cures, how much more so should we strive to fulfill this posuk in Tehillim, which was written with Ruach Hakodesh.

When we daven on Shabbos and say "Mi ho'ish hechofeitz chaim?" we should stop and listen. Dovid Hamelech is giving us the key to longevity and we should heed his advice. "Netzor leshonecho meiro - - Guard your tongue from evil." This is the true elixir of life.

Obviously, at this time when we are trying to merit chaim we should endeavor to fulfill this posuk, which is a zechus for life. However, we can go even further in applying Reb Itzele's lesson. Just as the promise of a physical cure can serve as a steppingstone to appreciating the power of a posuk from Tehillim, so too the analogy of a physical courtroom can help to prepare us for the spiritual courtroom we face on the Yom Hadin.

The Mishna (Rosh Hashana 16a) states: On Rosh Hashana everyone passes in front of Hashem for judgment individually. Hashem could very easily judge us simultaneously, but He wants each one of us to stand before Him alone. This way there is nowhere for us to hide. There is no crowd to melt into. We can't blame those around us for influencing us negatively, nor can we compare ourselves to them and reason that we are not so bad. We face Hashem alone. Ultimately this means we must answer for our actions and be worthy on our own.

Hashem can judge us at any time. He does not forget and has no need for a Sefer Zichronos. Nevertheless, this is the manner in which He has established His court. He only judges us on Rosh Hashana and only after formally reviewing our deeds. Knowing this about His court can enable us to approach the Day of Judgment with the necessary seriousness.

When one is on trial, he must have a defense. The more serious the charges are, and the more evidence the prosecution has compiled, the better his defense strategy must be. One has to hire the best legal experts to plan his defense. What will we say in our defense on Rosh Hashana? What is our strategy to be judged meritoriously?

We can examine some common defense strategies to see if they can be useful in our quest to be zocheh badin. This defense planning will also help us appreciate the awesomeness of the day.

One common line of defense is insanity. Can we also plead insanity? Chazal say "Ein odom choteh eloh im kein nichnas bo ruach shetus" -- at the time of the sin, the sinner was overcome with a spirit of insanity. How is it possible for a person instilled with knowledge and understanding to commit a sin? He surely realizes that he will have to give an account of his actions! But a shoteh is exempt from judgment. Therefore, if at the time of the aveira (sin) he is a shoteh, he should be exempt from judgment. Someone who is at times sane and at others is not, can be held responsible for his actions when sane and exempt from responsibility for actions when insane. HaRav Chaim Shmuelevitz endorses this insanity defense and says that since we have no control when we commit a sin we can't be held accountable.

However, he adds a serious caution. The gemara states (Bava Basra 57b) that a person who travels and even though there is another route, he intentionally uses a path where he will be tempted to sin, is a rosho. The Rashbam adds that even if he avoids sinning, he is still a rosho. He should have distanced himself from the aveiroh.

In this respect explains Rav Chaim Shmuelevitz, we are culpable. We have to stay far away from nisyonos. Once we are tempted, it will be extremely difficult not to succumb. We have to know our weak points and not let ourselves get into such a situation in the first place. We all know our yetzer hora. Therefore we must protect ourselves from the yetzer's trap. It is for this that we are being judged. Did we in fact guard ourselves from temptation?

Perhaps we can plead for leniency as a first time offender. We were weak and gave in to our desires this one time and now recognize the error of our ways and are remorseful. If we are concerned with a first time offense this Rosh Hashana, then maybe Hashem will deal with us with His attributes of mercy and compassion.

But how many of us can say we have succumbed to a particular sin only once? Such an individual is extremely rare.

When we stumble, it is usually an oft repeated, even daily, offense. Whether it's being careful not to speak or listen to loshon hora or talking during davening or the Torah reading, there are many mitzvos she'anoshim doshim ba'akeivoseihem (mitzvos that we treat lightly).

And what about bad middos? Whether anger or arrogance or other bad middos, they have become so much a part of our nature that they constantly affect our conduct. If we reflect on it, we can all find many areas in which we need improvement. So we cannot honestly say we are first time offenders.

Can we plead self-defense, or self-preservation? We want to spend more time learning Torah, but we need a livelihood. While it is a great responsibility to provide for one's family, it is equally imperative to find time to learn.

On Shabbos when the working week is behind us, we should certainly set aside time to learn. And if we can manage to find time each day in our busy schedules to eat two or three meals, we can surely also find a little time for Torah. We know we need to eat, so we make time for meals. Our souls also need nourishment. The Torah is the tree of life, it is real living. The reason we need parnossa is to sustain ourselves in order to do Hashem's will and He wants us to learn Torah.

The gemora (Brochos 17a) asks, "How are ladies zocheh? How do they merit a portion in the world to come?" In response we find that they earn a special zechus for taking their children to school to learn and for allowing and encouraging their husbands to learn, as well as for waiting for them to come home. Ladies of course do many mitzvos. What then is the special significance of sending their children and husbands to learn?

The answer is that Torah is the ticket to gain entry to Olam Habo. One can do many mitzvos but one still needs the zechus of Torah.

If women, who are exempt from learning and who may have large responsibilities to their families, still need the merit of Torah to be zocheh, then certainly men do. Pleading self-defense is no defense. We need to find the actual time to learn.

Why don't we just admit our guilt? There is a mitzva to say vidui. Let us confess our sins and ask Hashem for forgiveness.

However, the halacha is that we do not confess on Rosh Hashana. This is a discussion in and of itself but suffice to say, this is not an option for Rosh Hashana.

So what is left to plead? The only remaining option is to declare: "Not guilty! We didn't do it!"

We have to repent now, before Rosh Hashana during the days of Elul and Selichos. Then we can face the Heavenly Tribunal on Rosh Hashana with a clean slate for we will truly be free of sin.

Although we have until Yom Kippur to do teshuvoh, we know that Rosh Hashana is the kesivoh and Yom Kippur is the chasimoh. Rosh Hashana can be compared to the trial and Yom Kippur to an appeal. If we don't win the trial then we can always appeal. However, it is surely better to win the trial and not need to appeal.

Therefore we must try our best to emerge victorious from the trial and the only way to do so is with teshuva. If we do a proper teshuva, our sins will not only be erased but they will actually become merits for us so that we can honestly declare "Not guilty!"

This is a little difficult to understand. We know that Hashem can forgive an aveiroh but how can it become a mitzva? Im kein, yehei choteh nischar -- a sinner will be better off than one who was never guilty of an aveiroh.

Teshuvoh is not only receiving forgiveness and atonement, it's returning to Hashem, becoming closer to Him. Hashiveinu Ovinu lesorosecho vekorveinu Malkeinu la'avodosecho -- Bring us back, Our Father, to Your Torah, and draw us close, Our King, to Your service! Our tefillos affirm that teshuvoh brings us close to Hashem.

Teshuvoh is compared to cleaning a garment. When one buys a new suit, it looks clean and bright. Over time it loses its luster. Still, if it doesn't actually become dirty, we may not clean it. Eventually though, if it does get stained we wash it thoroughly and the entire suit soon has a new look again. However, if it had not gotten dirty in the first place we may never have thought to clean it.

It's the same with us. There are times when we feel very motivated. We hear an inspiring shiur or we experience certain events that awaken within us the desire to serve Hashem with more enthusiasm. But as time goes by we revert back to our old ways. We lose our "luster." If we then commit a sin, this might serve to remind us that we are not fulfilling our potential. Through the aveiroh, we see how far we have sunk. We remember the goals we set for ourselves and this brings us back to Hashem.

(This is how the Sefas Emes explains the posuk in Megillas Esther: "Uvechein ovoh el hamelech asher lo kedas. Hamelech in the Megilla also refers to Hashem -- Melech Malchei Hamelochim. I will come close to Hashem sheloh kedas, through an aveiroh, by repenting with love.)

In conclusion, we all know that in the afterlife our entire life is going to be shown to us. There will be a "video" of our lifetime. What happens to the aveiroh when we do teshuvoh? Isn't it still on the video? With today's advanced digital technology it is easy for us to imagine. A picture can be altered with the click of the mouse. Afterwards one cannot tell that it has been manipulated. All the more so, Hashem can alter the "videos" of our lives to fit in line with our teshuvoh. By envisioning our upcoming trial with Hashem and preparing ourselves to face Him, may we all be zocheh to a kesivoh vechasimoh tovah.


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