חדש באתר: עוזר בינה מלאכותית המבוסס על כתביו ושיעוריו של הרב מיכאל אברהם

Answer 1

Back to list  |  🌐 עברית  |  ℹ About
This is an English translation (via GPT-5.4). Read the original Hebrew version.

This transcript was produced automatically using artificial intelligence. There may be inaccuracies in the transcribed content and in speaker identification.

🔗 Link to the original lecture

🔗 Link to the transcript on Sofer.AI

Table of Contents

  • The halakhic status of repentance in Nachmanides and Maimonides
  • The contradiction in the count of commandments: Minchat Chinukh, the Laws of Repentance, and Sefer HaMitzvot
  • The definition of a “conditional commandment” versus an “existential commandment,” and the scope of obligations
  • The purposes of Sefer HaMitzvot and the Mishneh Torah, and the limits of counting commandments
  • Expansive derivations and revealing derivations: the exception of tradition
  • Resolving the contradiction: “the count of commandments” at the start of the laws as a bridge
  • Repentance as an obligation not derived from a command, and the question of its source
  • Service of God, idolatry, and accepting something “as a god” in Maimonides
  • Leibowitz, prayer, and Eglei Tal: basic intention and additional layers
  • Value, norms, and “just because”: the service of God as a foundation that needs no justification
  • Repentance as a foundational value and the proposal to understand the Laws of Repentance as “the laws of serving God”

Summary

General Overview

The text presents repentance as a foundational obligation that is not derived from an explicit command in the Torah, and explains the apparent contradiction in Maimonides between Sefer HaMitzvot and the opening of the Laws of Repentance by understanding the different purposes of the two works. Maimonides, unlike Nachmanides, interprets “And you shall return to the Lord your God” as a prophecy and not as a command, and therefore the commandment of repentance is not counted by him as an explicit commandment in Sefer HaMitzvot, even though in the Mishneh Torah it appears as an obligation that includes two details: to repent and to confess. From this, the text suggests that repentance stems from reason and from the basic value of drawing close to the Holy One, blessed be He, and serving God, rather than from the usual halakhic mechanism of “command,” and further argues that the Laws of Repentance in Maimonides actually sketch out a framework of “the laws of serving God” that includes values not reducible to the formal boundaries of commandment.

The halakhic status of repentance in Nachmanides and Maimonides

Nachmanides, in his commentary on Deuteronomy, writes that there is a commandment to repent on the basis of “And you shall return to the Lord your God,” and several other commentators say the same. Nachmanides notes that Maimonides, in Laws of Repentance chapter 7, interprets the verse as a prophecy: “When the time comes, then you shall return to the Lord your God,” and “Israel is destined to repent… as it says, ‘And you shall return to the Lord your God.’” Maimonides does not understand that verse as a verse commanding repentance.

The contradiction in the count of commandments: Minchat Chinukh, the Laws of Repentance, and Sefer HaMitzvot

Minchat Chinukh points to a famous contradiction in Maimonides: at the beginning of the Laws of Repentance it says, “There is one positive commandment, namely that the sinner return from his sin before God and confess,” so it appears to be one commandment with two details, to repent and to confess. In Sefer HaMitzvot (positive commandment 73), the commandment is formulated as the commandment of confession, in the wording “when the sinner repents from his sin, he must confess,” so that confession is the commandment and repentance appears to be a circumstantial condition for its fulfillment. The text emphasizes that a commandment of this kind is a “conditional commandment” and not an “existential commandment,” and gives the example of fringes: when a person wears a four-cornered garment he is obligated in fringes, but this is not an existential commandment.

The definition of a “conditional commandment” versus an “existential commandment,” and the scope of obligations

The text argues that commandments such as fringes are not existential commandments but conditional commandments, because the obligation takes effect only under certain circumstances, though then it is binding. The text rejects the definition that commandments of this sort are existential commandments, and demonstrates that if that were true, then Grace after Meals would also be an existential commandment, since it applies only when one eats. The text adds that most commandments depend on circumstances, except for the “six” that the Mishnah Berurah brings at the beginning, based on Sefer HaChinukh, which one is obligated in “at every moment and always.”

The purposes of Sefer HaMitzvot and the Mishneh Torah, and the limits of counting commandments

In Sefer HaMitzvot, Maimonides counts the 613 commandments, but they do not include all the obligations imposed on a person, because certain obligations are not counted for various reasons that Maimonides explains in the Fourteen Principles. The text presents examples of obligations that are not included in the count and explains that the category of “what obligates us” and the category of “what is counted” are not overlapping categories. Maimonides defines the counted items as things that are Torah-level obligations and appear explicitly in the Torah or are “found in the Torah,” whereas the Mishneh Torah is meant to tell us “everything I need to do,” and therefore includes also rabbinic laws, laws given to Moses at Sinai, and laws derived through interpretation.

Expansive derivations and revealing derivations: the exception of tradition

The text explains that according to Maimonides, commandments derived through interpretive derivations are not counted because they are not written explicitly, and the derivation is understood as expanding beyond what is written in the verse, unlike interpretation in the plain sense, which reveals what is already in the verse. The exception is commandments derived through such derivations when there is a tradition regarding them; then these are “supporting derivations” and not “creative derivations,” and they are considered revealing and are therefore counted. The text illustrates this through the phrase “You shall fear the Lord your God” — “to include Torah scholars” — and explains that when there is a tradition, the derivation is understood as revealing a commandment already present in the verse.

Resolving the contradiction: “the count of commandments” at the start of the laws as a bridge

The text proposes that the contradiction is resolved by understanding place and purpose: in Sefer HaMitzvot the commandment of repentance will not appear, because according to Maimonides there is no explicit Torah command to repent, whereas in the Mishneh Torah it does appear as an obligation. The text emphasizes that in the count at the beginning of the Laws of Repentance, Maimonides does indeed count “one positive commandment” with two details, and suggests that this is because that count summarizes the obligations of the laws themselves and does not necessarily reflect Sefer HaMitzvot with full precision. The text brings an example from Hanukkah and Purim in the section on times: “A positive commandment of rabbinic origin: Hanukkah and Purim,” which does not appear in Sefer HaMitzvot, to show that the counts of commandments at the beginning of the laws can include material that serves the structure of the Mishneh Torah.

Repentance as an obligation not derived from a command, and the question of its source

The text concludes that according to Maimonides, repentance is understood as an obligation that is not derived from an explicit command, and so the question arises: “Where does it come from, then?” The text deals with an attempt to derive repentance from the general root of the command to keep the commandments, and rejects the claim that the very expectation of fulfilling commandments necessarily creates a rationale of regret over the past and acceptance for the future. The text presents the accepted model of repentance as including four stages: abandoning the sin, regret, confession, and acceptance for the future, and emphasizes the subjective and internal dimension of regret and acceptance for the future, which cannot be reduced to the technical fulfillment of commandments.

Service of God, idolatry, and accepting something “as a god” in Maimonides

The text cites Maimonides in the Laws of Idolatry (generally chapter 3, halakhah 6) regarding “one who worships idolatry out of love” or “out of fear,” who is exempt if he did not “accept it upon himself as a god,” and emphasizes that Maimonides interprets love and fear as an attitude toward the form itself. The text notes that most medieval authorities (Rashi and Tosafot) interpret love and fear as “love of a person or fear of a person,” but Maimonides apparently does not, and therefore “accepting it upon himself as a god” becomes the criterion that defines idolatry in its full sense. The text transfers this “to the side of holiness” and argues that patterns of idolatry teach us something about serving God: serving God means unconditional commitment, not an action that stems from love or fear as benefit or experience.

Leibowitz, prayer, and Eglei Tal: basic intention and additional layers

The text gives an example from Yeshayahu Leibowitz, according to whom one comes to prayer because there is a commandment to pray and not in order to ask for one’s needs, and argues that Leibowitz takes a correct point “one step too far.” The text states that commandments require intention, and in prayer too one must have the intention to fulfill one’s obligation, but this does not negate the intention of the words and asking for one’s needs as a “second layer.” The text compares this to Eglei Tal in its introduction, which emphasizes that it is permitted and even desirable to enjoy Torah study (“make the words of Torah sweet in our mouths”), but if the study is done only because of the enjoyment, then it is not fulfillment of the commandment of Torah study; therefore enjoyment can be an addition and even a virtue, but not the primary reason.

Value, norms, and “just because”: the service of God as a foundation that needs no justification

The text proposes an analysis of the grounds of obligation through a chain of norms that justify one another until one arrives at a basic norm that has no further justification but is simply “self-evident,” and identifies this with the concept of “value” as Leibowitz defined it. From this, the text concludes that the obligation to serve the Holy One, blessed be He, is a foundational value, and therefore it does not rest on love or fear but on the recognition itself that “one must serve God.” The text connects this to Maimonides in Laws of Repentance chapter 10, where love is defined as “doing the truth because it is truth,” and presents this as a model of service not dependent on utility.

Repentance as a foundational value and the proposal to understand the Laws of Repentance as “the laws of serving God”

The text argues that the obligation to repent stems from the fact that repentance is the path to drawing close to the Holy One, blessed be He, and describes this as a foundational value not dependent on an explicit command. The text says that if there had been an explicit command, that would actually have “detracted” by turning repentance into just another commandment within the regular framework, whereas repentance is a foundational obligation that exists “even before verses.” The text expands that the Laws of Repentance include additional values that are not captured by the ordinary categories of commandment, and gives the example of love of God, which appears both in the Laws of the Foundations of the Torah and in the Laws of Repentance but in different descriptions, because in one place the issue is the legal definition of a commandment and in the other it is a value that cannot itself be commanded. The text concludes that the Laws of Repentance in Maimonides may be defined as “the laws of serving God,” and that their cornerstone is the obligation to return and draw close to the Holy One, blessed be He, from which other aspects of serving God that appear there are derived.

Full Transcript

[Rabbi Michael Abraham] Maybe we’ll start with a short overview of the halakhic status of repentance, and from that we’ll try to get more deeply into its principled meaning, its meta-halakhic meaning. Nachmanides, in his commentary on Deuteronomy, writes that there is a commandment to repent: “And you shall return to the Lord your God.” There are a few other commentators who say this as well. He himself notes that Maimonides, in Laws of Repentance chapter 7, interprets this as a prophecy: when the time comes, then “you shall return to the Lord your God.”

[Speaker B] Destined.

[Rabbi Michael Abraham] Israel is destined to repent, etc., as it says, “And you shall return to the Lord your God.” Indeed, Maimonides does not understand this verse as a verse commanding repentance. As far as the count of commandments goes, with Maimonides there’s the famous contradiction pointed out by Minchat Chinukh: at the beginning of Laws of Repentance, “There is one positive commandment, namely that the sinner return from his sin before God and confess.” So in effect there is one positive commandment made up of two details: to repent and to confess. The fact that there is a commandment made up of two details is of course not a novelty; there are many commandments made up of several details. That’s what Maimonides writes. On the other hand, in Sefer HaMitzvot, I think number 73, positive commandment 73 I think, there it appears as a commandment of confession. And the discussion is that “when the sinner repents from his sin” — somewhat similar to the wording in the laws — “when the sinner repents from his sin, he should confess.” Meaning that there the definition is that the commandment is really to confess; there is only a condition for when to do it, namely when one repents from the sin. So this is a conditional commandment. Some people call this an existential commandment, but that’s a mistake. Commandments of this type, like fringes and things like that, are not existential commandments; they are conditional commandments. A conditional commandment is a commandment that one must do, but only under certain circumstances. With fringes, when I wear a four-cornered garment, then I am obligated to put on threads, to put fringes on it. But that’s not an existential commandment. An existential commandment is one that I can also choose not to do. If this were an existential commandment, then Grace after Meals would also be an existential commandment, because Grace after Meals also applies only when one eats. So every commandment has certain circumstances in which the obligation applies to us — almost every commandment — except for the six that the Mishnah Berurah brings at the beginning; really Sefer HaChinukh is the source, that at every moment and always a Jew is obligated in them. But most commandments are not like that, and there are circumstances in which those commandments apply to us. So the commandment of repentance too is basically like that, according to what emerges from Maimonides’ Sefer HaMitzvot: when the sinner repents from his sin, he should confess. Okay? Just like when one wears a four-cornered garment, one puts threads on it. So that’s Minchat Chinukh’s question. Various answers have been given, but the matter doesn’t really come out clearly. I don’t know of anything that truly convinced me. Basically, it seems to me that the root of the distinction between these two formulations lies in the question of location. Where does Maimonides write this, and where does he write that? But in order to understand that, we need a few preliminaries. In Sefer HaMitzvot, Maimonides counts the 613 commandments. The commandments counted in Sefer HaMitzvot do not include all the obligations imposed on us. There are obligations imposed on us that do not appear in the count of commandments for various reasons. Some perhaps because they are rabbinic, another group because they are not written explicitly in the Torah, another group because they are derived by reason, another group because they are included in another commandment. There are Fourteen Principles where Maimonides explains various reasons why commandments that obligate us do not appear in the count of commandments. There are some famous examples, settling the Land of Israel and things like that. In any case, the category of what obligates us and the category of counted commandments are not overlapping categories. They are not the same thing. So what is counted? Maimonides himself writes: what is counted in Sefer HaMitzvot are those things that we are obligated to do on a Torah level and that appear explicitly in the Torah. There is one exception. Well, before the exception: what counts as not appearing explicitly in the Torah? For example, commandments derived through interpretive derivations. In the second principle — famous statements of Maimonides — commandments derived through interpretive derivations are not counted. Why? It seems to me that the simplest explanation, without getting into the question of whether that makes them rabbinic or Torah-level — rivers of ink have been spilled on that — but the explanation itself, it seems to me, regardless of that question, is that things derived through such derivations are things not written explicitly in the Torah. Maimonides understands such derivations as something that expands what is in the verse, beyond what is written in the verse. As opposed to interpretation, what we call the plain sense, which is supposed to uncover what is already in the verse. So things that emerge from interpretation of the Torah will appear in the count of commandments, but things that emerge from derivation will not appear in the count of commandments. Let’s go back to the exception. There is one exception, and that is commandments derived through interpretive derivations, but where we have a tradition about them. That’s what Maimonides writes. Things that we have a tradition about and that are derived through interpretive derivations — or in more modern language, these are supporting derivations, not creative derivations. These are laws that are counted in the count of commandments. These are Torah-level laws, according to Maimonides’ definition, that are counted in the count of commandments. And why? It seems to me the obvious explanation in light of what I said before is that where there is a tradition, apparently the derivation is not an expansive derivation but a revealing derivation. Meaning, when there is a tradition, say, that one must stand in awe of Torah scholars, and we derive from “You shall fear the Lord your God” to include Torah scholars — if not for the tradition, we would think that reverence for Torah scholars is an expansion of what is written in the verse about fear of God. It is not exposing what is inside the verse; it is an expansion beyond what is written in the verse, the spirit of the thing or something like that. But if we have both a tradition and a derivation, then Maimonides at least understands that apparently in such cases the derivation is a revealing derivation, and therefore when from “You shall fear the Lord your God” we include Torah scholars, we are actually finding within the verse itself also the commandment to fear Torah scholars. And since that is so, this derivation actually reveals something already present in the verse. So the product of that derivation is written in the Torah; therefore it appears in the count of commandments. Okay? In other words, Maimonides’ definition of what appears in the count of commandments is: what is written in the Torah, or what is found in the Torah.

[Speaker B] In that verse — if it’s a revealing derivation, then are there two commandments? One to fear God and one to fear Torah scholars?

[Rabbi Michael Abraham] So that depends. There’s room to discuss it. Sometimes it will be included in the plain commandment, and sometimes it really will be another commandment.

[Speaker B] And if it’s included, then isn’t that still an expansion? What’s the difference between an expansion and being included? What?

[Rabbi Michael Abraham] No, there can be commandments that have several applications. Say, a commandment to fear anything holy. The Holy One, blessed be He, is one thing, and a Torah scholar is another thing, or anything that contains Torah — I don’t know, define it however you want. So that’s one commandment with two different applications, two details.

[Speaker B] Is there another example of commandments derived through derivation that are not revealing and therefore aren’t counted?

[Rabbi Michael Abraham] “You shall fear the Lord your God” to include Torah scholars — I gave that as an example, but it’s actually not a good example. Maimonides says that all derivations, except for three or four, are expansive derivations, in my language, not revealing ones. Revealing derivations are very rare. Any derivation you know.

[Speaker B] Then maybe the other way around — could you give another revealing derivation? I’m just trying to understand.

[Rabbi Michael Abraham] A revealing derivation is a derivation for which we have a tradition. For example, if we take Maimonides’ introduction, I think Maimonides writes that “the fruit of a beautiful tree” meaning an etrog — that’s a revealing derivation, because we have a tradition that it’s an etrog, and we also have all those derivations, “dwells on all water,” or however much that is even a derivation. The question is whether that is interpretation or derivation; there are several sources there in the Talmud in Rosh Hashanah. Anything that we have both a tradition about and a derivation for is a revealing derivation. Maimonides himself, I think, doesn’t give explicit examples of this, so you have to look through his words to see what he means. I think he says the same thing about the thirty-nine primary labors of the Sabbath. It’s basically a tradition from Sinai that these are the thirty-nine, and the derivations only come afterward. Anyway. So for our purposes, the definition of what appears in the count of commandments is what is written in the Torah. What obligates us, of course, is many other things as well — for example, a law given to Moses at Sinai. That does not appear explicitly in the Torah, so it won’t be counted in the count of commandments. But it obligates us; usually it is also accepted as Torah-level, though Maimonides probably disagrees with that, but generally it is accepted as Torah-level too. So what obligates us and what appears in the count of commandments are not overlapping categories. Now let’s go back for a moment to the books we’re discussing. In Sefer HaMitzvot — we’ve now said this — its purpose is to summarize the 613 commandments that are written in the Torah, or that are found in the Torah, because sometimes they are extracted in various ways, by all kinds of means. What appears in the Mishneh Torah? In the Mishneh Torah, of course, many commandments appear that are not counted, right? There are rabbinic commandments, for example, that are not counted, but they do appear in the Mishneh Torah. Laws given to Moses at Sinai are not counted in the count of commandments, but they appear in the Mishneh Torah. Laws derived through derivations do not appear in the count of commandments, but in the Mishneh Torah they certainly are included. Why? Because the purpose of the Mishneh Torah is not to collect what is written in the Torah, but to tell me everything I need to do. Right? It gathers all the laws; everything that obligates us is supposed to appear in the Mishneh Torah. Okay? So these two works actually have different purposes, even though there is a certain connection between them, and from those purposes follows the different content that the two works have. If we now go back to Minchat Chinukh’s contradiction, I think the obvious answer is that in the count of commandments the commandment to repent does not appear. Why? Because that commandment does not appear in the Torah. And we already saw that Maimonides interprets “And you shall return to the Lord your God” as a prophecy, not a command. So there is no command in the Torah to repent, and therefore in Sefer HaMitzvot it will not appear. But if we ask ourselves: does one need to repent? Of course yes. So therefore in the Mishneh Torah it does appear. Meaning, the Mishneh Torah includes all of our obligations, and one of those obligations is to repent. In the count of commandments it will not appear because it is not a commandment written in the Torah, so in Sefer HaMitzvot it will not appear.

[Speaker B] It appears in the Mishneh Torah also in the count of commandments at the beginning of the laws.

[Rabbi Michael Abraham] No, that’s what I just read — it doesn’t appear. That’s exactly the contradiction. In the count at the beginning of the laws — I read it, I’ll read it again — “There is one positive commandment, namely that the sinner return from his sin before God…” Ah, sorry, in the count it does, sorry: “that the sinner return from his sin before God and confess.” Why? Because in that count of commandments he is summarizing the obligations that appear in the Laws of Repentance. In the count of commandments in Sefer HaMitzvot, there it will not appear.

[Speaker B] That’s the contradiction, because usually in the count of commandments at the beginning of the laws he writes the commandments as they appear in Sefer HaMitzvot.

[Rabbi Michael Abraham] There’s room to discuss that. Of course it needs to be checked throughout, because cases where there’s a contradiction between that count of commandments and Sefer HaMitzvot are very rare. But on the conceptual level, I don’t see any obstacle to saying otherwise. After all, in the end that count of commandments too was written as a kind of skeleton for the Mishneh Torah. Maimonides says this explicitly in the introductions, right? So what sense would it make to put into the count of commandments only what appears explicitly in the Torah, when that is really only a partial skeleton for the whole content of the Mishneh Torah? After all, the whole reason you made Sefer HaMitzvot was so that you wouldn’t forget anything, so that you could sketch some orderly structure that would serve as a basis for the Mishneh Torah. So what’s the logic of building it according to different principles? Clearly there has to be some kind of bridge carrying me from that partial skeleton over to the Mishneh Torah. It is entirely reasonable to say that that bridge is the count of commandments that appears at the beginning. Here he already takes the commandments from there and gives them the processing needed in order to… now I remember, actually, with the commandment of Hanukkah and Purim, for example, it does appear. Right? In the section on times. But it says there, at the beginning of Hanukkah and Purim, “A positive commandment of rabbinic origin: Hanukkah and Purim,” even though that does not appear in Sefer HaMitzvot.

[Speaker B] So maybe there’s the example. That it’s of rabbinic origin.

[Rabbi Michael Abraham] Fine, okay, because here it really isn’t of rabbinic origin — what do you mean?

[Speaker B] It could be that because there is only one commandment here — if, say, there were several commandments, then we could ask why he doesn’t split the details into several commandments. Here there’s only one, so he adds all its conditions to it.

[Rabbi Michael Abraham] Fair enough, but still what emerges from the wording here is that there is an obligation to repent; one detail is to repent and the second detail is to confess.

[Speaker B] In Sefer…

[Rabbi Michael Abraham] HaMitzvot it isn’t written that way.

[Speaker B] But that’s true — here in Maimonides, in the Mishneh Torah, he says there is one positive commandment, right?

[Rabbi Michael Abraham] A positive commandment with two details, and that…

[Speaker B] Precisely proves that there it really is a commandment. No, obviously — that’s what I meant.

[Rabbi Michael Abraham] He says this is the bridge between the skeleton found in Sefer HaMitzvot and the book that details the laws. What is he saying? He is saying: take the commandment as it is, and know that within it there are really two obligations, even though one of those obligations is not truly a Torah-level obligation by his definition, because it does not appear from the standpoint of the obligations imposed by the count of commandments, by the counted commandment. But it is certainly an obligation; one has to do it.

[Speaker B] And does he say Torah-level? What? Where is the expression Torah-level?

[Rabbi Michael Abraham] Well, “And they shall confess their sins which they have committed” — he takes it from some verse.

[Speaker B] Wait, also “return” in the heading isn’t “return” as a commandment but “return” as a description of a state the person goes through, and as a result of that state he has to confess.

[Rabbi Michael Abraham] No, it says that the sinner should return from his sin before God and confess. It doesn’t say, “When he returns, he should confess”; it says, “He should return and confess.” In the plain sense, that’s two obligations.

[Speaker B] We’re saying there’s a connection between the count of commandments and the law book, so then you’d expect to see this in almost every set of laws, where he adds further details that are supposedly Torah-level and yet don’t appear in the verses. It’s not like we said — there are lots of cases where derivations expand things.

[Rabbi Michael Abraham] No, really, no, it’s not exactly like that. Nowhere does he include all the details in the count of commandments. You’d have to find an entire category that is missing from Sefer HaMitzvot and appears in the Mishneh Torah; there I’d expect to see some sentence about it above. Bring me more examples. I don’t know — this needs to be checked. In any case, in the laws themselves — but in the commandments that are there — right, in the laws themselves, in the laws themselves, he opens with the Torah-level commandment and then details it. The basis is what we are commanded in the Torah. After that he elaborates further; he’ll say that one also needs to repent. But when you begin systematically, you say: as far as the Torah is concerned, this is what we are commanded and bound by. Afterward he continues and details what else. Okay? Anyway, if that’s so, then it seems to me that the required answer to this contradiction is that the different purposes of the two works define their different contents. But for our purposes, we’re not now interested in studying Maimonides’ methodology; for me this is only a means to understand how he conceives of this concept of repentance. And basically what we see here is that Maimonides conceives of repentance as an obligation that is not derived from a command. Right? Because if it were derived from a command in the Torah, it would appear in Sefer HaMitzvot. On the other hand, such an obligation does exist. In the laws it is defined as an obligation. So for our purposes now — let’s leave aside all the scholarship — for our purposes this is an obligation not derived from a command. That’s how Maimonides understands the commandment of repentance. In fact, the next step is obviously to ask: then where does it come from? If there really is no command to repent, then why in fact should one do it?

[Speaker B] Who says one has to?

[Rabbi Michael Abraham] Repentance preceded the world.

[Speaker B] Because there is confession, so you can’t confess if it’s not sincere.

[Rabbi Michael Abraham] You also can’t put on fringes if you don’t have a four-cornered garment. But if you don’t put it on, you’re not obligated. What’s the problem?

[Speaker B] Therefore if you didn’t put it on, you’re not obligated to confess.

[Rabbi Michael Abraham] But you are obligated — he says, “He should return and confess.”

[Speaker C] It’s embedded in the root of every command. If you’re commanded to do something, you’re expected to do it, and if you didn’t do it, then now you need to go back and do it.

[Rabbi Michael Abraham] That’s like fringes. What do you mean? No.

[Speaker C] Yes and no. It’s different from fringes because with fringes they tell you: in a case of four corners, put on fringes; and if you don’t wear a four-cornered garment, then don’t put on fringes. And with repentance it’s the same. No, but it’s embedded in the root of the command — let’s say, if you wear a four-cornered garment, put on fringes. Let’s say a person wore a four-cornered garment without fringes. So what stands at the root of the command is: put them on. And if until now you haven’t put them on, still put them on. The command is always commanding you to put them on.

[Rabbi Michael Abraham] Obviously. But with repentance it’s not like that. If I don’t repent, I don’t have to confess and everything is fine. What’s the problem? If I repent without confession, then I have an obligation to confess, right? But where is the obligation to repent?

[Speaker C] So I’m saying, it’s embedded in the root of the command. If you are commanded and you don’t do it — what are you commanded? Whatever commandment it is.

[Rabbi Michael Abraham] Ah, you’re not talking about a command to repent.

[Speaker C] No, I’m talking about command in general. The command to put on fringes, the command to make kiddush.

[Rabbi Michael Abraham] No, the command to make kiddush — returning to it just means making kiddush. But who says one has to repent for the fact that I didn’t make kiddush? What does “return” mean? What is the meaning of regretting, accepting for the future, all the details of repentance?

[Speaker C] Again, that’s something very — at least the second part is very practical.

[Rabbi Michael Abraham] It’s very practical, but it has nothing to do with the commandment of kiddush.

[Speaker C] It does have to do with it because if you didn’t make kiddush, then the Holy One, blessed be He, wants you now to do it. Fine, I’ll do it.

[Rabbi Michael Abraham] But what does that have to do with repentance?

[Speaker C] Not only that you should make kiddush now, but that you should change your ways.

[Rabbi Michael Abraham] I’ll change my ways, yes, from now on I’ll do it. Now what does that have to do with repentance? No. Repentance — it is accepted among the halakhic decisors that repentance has four stages. The first stage is abandoning the sin. Then regretting, accepting for the future, and confessing. That is repentance — not just beginning to observe from now on. That has nothing to do with repentance; that’s just a commandment.

[Speaker C] But they come together.

[Rabbi Michael Abraham] Acceptance for the future — that’s… no, acceptance for the future means committing to observe from now on. The future observance itself is simply observing the commandment; it has nothing to do with repentance at all. You need to do the commandments because you are commanded. That’s all. In other words, repentance is everything beyond what you are obligated to do simply by virtue of being commanded. So you can’t say repentance is a redundant commandment because you are commanded to do commandments.

[Speaker B] But Rabbi, still, when they talk about the sin, Maimonides describes what complete repentance is: that he be in the same situation with the same act and not do it.

[Rabbi Michael Abraham] That’s an indication that you are in complete repentance.

[Speaker C] Okay. It’s quite clear that that’s true.

[Rabbi Michael Abraham] I think the point, though, is not only the specific commandment but improving one’s ways in general.

[Speaker C] But where does the obligation to improve one’s ways come from? From the root of command: the Holy One, blessed be He, stands and commands you. Clearly He wants you to fulfill the commands. It’s not as if you take each command individually: okay, kiddush, now I’ll make kiddush; okay, fringes, now I’ll do fringes — even if I didn’t before. I’m saying no. There is some commandment and there is a collection of commands, and the command — the very fact that He commands — contains within it the expectation that you fulfill them. And if you didn’t fulfill them, improve your ways. Why? Why?

[Rabbi Michael Abraham] Improve your ways both with respect to the past and the future? I don’t see it. I don’t see any connection. Any connection at all. If He commands me, He expects me to fulfill it. Right, agreed. Okay. But what happens if I didn’t fulfill it? Then from tomorrow I’ll fulfill it, very good. But what about the sin that I did not fulfill in the past?

[Speaker B] Improving the path also means replacing what you did in the past.

[Rabbi Michael Abraham] Fine, but where does that come from? Where does the obligation to do that come from?

[Speaker B] From the general obligation to stand by…

[Rabbi Michael Abraham] I don’t see it, I don’t see why that follows from there. Not at all. What, am I also obligated to be happy when I do it? Is that also part of the halakhic obligation? Am I also obligated to rejoice when I do the commandment? Obviously. Fine, okay, yes.

[Speaker B] Right, the point is that in repentance there are four stages: abandoning the sin, regret, confession, and acceptance for the future. And seemingly, the two — the first and the last — really are not connected to the commandment. Because if you…

[Rabbi Michael Abraham] Fair enough. So Meshekh Chokhmah already points that out.

[Speaker B] Right. Okay. But confession is a commandment in its own right. So we’re really left only with regret, practically speaking. Regret and confession, yes.

[Rabbi Michael Abraham] But confession… ah, confession yes, okay, so that’s the commandment. It’s regret that is the commandment attached to regret. Right. Regret and acceptance for the future. No, acceptance for the future too. What is acceptance for the future? Acceptance for the future means: I will do it in the future. But I need to accept upon myself today that I’ll do it in the future? I’m already commanded and obligated; obviously I have to do it in the future.

[Speaker B] Acceptance is part of repentance — what do you mean?

[Rabbi Michael Abraham] But what is this acceptance? That you commit yourself to do it from here on, that you accept upon yourself to do…

[Speaker B] it.

[Rabbi Michael Abraham] …from here on.

[Speaker B] Yes, but that acceptance is not something objective, because you’re already commanded. It’s something subjective and internal.

[Rabbi Michael Abraham] And that’s exactly why I’m saying it has nothing to do with command at all. Right. And that’s why it is part of the process of repentance and not redundant. Why? Exactly because of what you said. Because it is not connected to command.

[Speaker B] Precisely because it’s subjective and internal. It’s like if, say, until now you didn’t put on tefillin, didn’t make kiddush. Okay. Now you need to make kiddush going forward.

[Rabbi Michael Abraham] Right. But I don’t need to accept upon myself that kiddush going forward. Do I now need another Mount Sinai? No, you need to do it, that’s all.

[Speaker B] Because that’s… that’s exactly acceptance.

[Rabbi Michael Abraham] No, acceptance for the future is not that. Acceptance for the future is “until the Knower of secrets testifies about him that he will never return to this sin again.” That’s acceptance for the future. Meaning that he now decisively accepts upon himself that from here on he will always do it. Where is it written… what, you want to reenact Mount Sinai? Why? Where is that written?

[Speaker B] Maybe it’s part of the condition, because if you don’t accept…

[Rabbi Michael Abraham] it upon yourself, then you haven’t done it? I do it — what’s the problem? Just like you do it. Did you accept it upon yourself? No, but I did… you do it. What, only if I didn’t do it do I suddenly need to accept it upon myself? I’m doing what you do when you haven’t sinned.

[Speaker B] No, if I do it, then I accepted what we accepted at Mount Sinai.

[Rabbi Michael Abraham] You didn’t accept; we were all at Mount Sinai. What does that have to do with it?

[Speaker B] But suppose now for one year I didn’t do it. Yes.

[Rabbi Michael Abraham] You stopped making kiddush. So have I disconnected myself from the Revelation at Sinai, and now I need a new Revelation at Sinai? No. But that still needs a source. Fine, so it needs a source. Right, so I think that in fact the simple approach—there really aren’t many other options—is that the source is a source based on reasoning. I’m just saying, contrary to what was said here earlier, I don’t think that reasoning comes from the commandment itself. From the very fact that I’m obligated to keep commandments, it does not automatically follow, by pure reason, that I also have to repent if I didn’t keep one. I don’t think that’s the same reasoning. Because that’s not reasoning—at least in my view, it’s not reasoning. There’s no particular logic there. You have to keep it from here on out. What, is there some logic that says I must regret all kinds of things that happened in the past? The past is dead. From now on, whatever comes, I have to observe it—that’s all. I don’t think that’s the obvious reasoning. The obvious reasoning is really some kind of existential or spiritual reasoning: not because of the commandments, but because if I distance myself from the Holy One, blessed be He, then there is a simple logic that I ought to draw close to Him again. And maybe I’ll come a bit closer to the formulations that were said here earlier—I’ll return in repentance to the formulations that were said here earlier—and for that purpose I’ll give one more short introduction. Maimonides, in… always teaches us how to worship idols according to Jewish law. So in Maimonides it says as follows. Usually this is in chapter 3, Jewish law 6. I don’t know what this business is. Oh—here it’s Jewish law 11 and 6; there are several versions. Doesn’t matter. Fine. It says as follows in chapter 3, Jewish law 6 usually: “One who worships idols out of love”—right, we said that here we’re learning how to worship idols—“one who worships idols out of love, for example, if he desired an image because of its craftsmanship, because it was especially beautiful,” he enjoyed it מאוד, this worship is really attractive, “or if he worshiped it out of fear of it, lest it harm him, as its worshipers imagine that it does good and evil—if he accepted it upon himself as a god, he is liable to stoning. But if he worshiped it in its usual manner, or by one of the four modes of worship, out of love or fear, he is exempt.” So if anyone wants to worship idols, gentlemen, don’t do it out of love or fear, because otherwise it doesn’t count as idol worship—you haven’t fulfilled your obligation. So how should you do it? Accept it as a god. But what is that? What is this thing? What could be more elevated than worshiping idols out of love or fear? Intellectual apprehension? What? That this is what’s right? Okay. So in fact the medieval authorities (Rishonim)—the source is a dispute between Abaye and Rava in tractate Sanhedrin. They disagree over whether one who worships out of love and fear is exempt or liable. Maimonides rules that one who worships out of love and fear is exempt. I think that’s Abaye’s opinion there, if I remember correctly, against Rava, I think—I’m not sure, I don’t remember right now. In any case, the medieval authorities (Rishonim) there really struggle with this: what does this mean? What else could there be besides worship out of love or fear? That’s the deepest kind of religious worship there is. If it’s not worship out of love or fear, then what kind of worship is needed in order to count as an idol worshiper in the most scrupulous sense? So Rashi there writes, and I think Tosafot too, that the intention is love and fear of a person. Meaning, the one who is exempt is someone who worships the idol out of love for a person or fear of a person. In other words, he worships the statue because he really loves some person and wants to make him happy, so let’s go worship together—even though he doesn’t really think much of this statue, doesn’t love it, isn’t afraid of it, and doesn’t really believe in it. It’s love of a person or fear of a person: he’s afraid that that person will harm him if he doesn’t worship idols, so he is exempt. So don’t ask me why there’s “be killed rather than transgress,” because after all this is worship out of love and fear—that is, I’m worshiping because they’re threatening me—so why, in the case of idol worship, must one be killed rather than transgress? In such a case I’m exempt, right? Fine, we’ll leave that; that’s a question to think about. In any case, that’s how most of the medieval authorities (Rishonim) explain it. But Maimonides apparently learns otherwise. Maimonides writes that one who worships out of love or fear is exempt. What does that mean? On the face of it, love or fear of that lady, of that image. Right? He says: “One who worships idols out of love, for example, if he desired the image because of its craftsmanship, because it was especially beautiful.” In other words, he loves this worship, and therefore he’s exempt. So who is liable? Maimonides indeed, as was pointed out here earlier, says that the one who is liable is the one who “accepted it upon himself as a god.” What does “accepted it upon himself as a god” mean? That is the antithesis of love or fear. So now let’s shift for a moment to the side of holiness. On the face of it, “God made the one corresponding to the other,” right? Worship of God and idol worship are supposed to operate in the same patterns. Meaning, in order for idol worship to be idol worship in its full sense, it has to be what we are supposed to do toward the Holy One, blessed be He—but instead we do it toward another god. Okay? So that’s really what the criteria for idol worship are supposed to teach us: something about the worship of God as well. So regarding the worship of God, usually we too are accustomed to think that worship out of love or fear is the pinnacle of worship of God that can exist. Love and fear are actually themselves two commandments: love of God and fear of God are two commandments—two of those six I mentioned earlier. So what, then? Does someone who serves God out of love or fear not actually serve God? But that’s what it says here. That one who serves God out of love or fear is not a servant of God.

[Speaker B] But Maimonides, in the Laws of the Foundations of the Torah and Maimonides in the Laws of Repentance, specifically says that a person is supposed to love God and fear Him.

[Rabbi Michael Abraham] Just a second, just a second. He’s supposed to love and fear—I didn’t say otherwise. And that’s the way. Wait, we’ll see in a moment. So is it dependent on something? No? Yes? It seems to me that that’s the simple explanation. Namely, when I serve God because I love Him or because I fear Him, that is not worship of God. I’m simply doing something because I want to do it for various reasons.

[Speaker B] The love he’s talking about toward idol worship is love of the ritual, because of the act of worship.

[Rabbi Michael Abraham] And fear is fear of the ritual. What?

[Speaker B] No, the fear—he says it’s because he’s afraid that…

[Rabbi Michael Abraham] Fine, so it’s an analogy, but all in all it seems to me it says—let’s say—

[Speaker B] that I love putting on a tallit, and that’s why I put on a tallit—

[Rabbi Michael Abraham] But—

[Speaker B] that’s not love toward God.

[Rabbi Michael Abraham] But again, take the side of fear—what difference does it make? On the side of fear, though, it really is fear of the idol itself. So at least there it’s difficult. Even with regard to love there’s room to discuss it. Awe of exaltedness? Awe of exaltedness before the idol? Well, maybe. Why not? No, he says regarding the idol, the question is: what is worship out of fear, for which one is exempt? So it seems to me that what Maimonides is really saying here is that worship out of love or fear is not worship of God. Let me give an example of this—a common Leibowitzian mistake, common in his case, I mean. Leibowitz would usually say—he wrote this in several places—that when one goes to the synagogue in the morning to pray, one should go because there is a scriptural decree to pray. Because there is a scriptural decree—or a rabbinic enactment, doesn’t matter right now—to pray. Not because I want to ask for my needs, or healing, or livelihood, or redemption, or I don’t know exactly what. Rather, one must mutter what is written in the prayer book because there is a commandment to mutter what is written in the prayer book, and one should intend to fulfill one’s obligation. That is the intention in prayer. Now in practice, Leibowitz here takes a step that he often used to take: he takes a correct point, but takes it one step too far. Meaning, his point is a correct point. Someone who comes to pray because of love or fear or because of requesting needs—that is not prayer. He has not fulfilled his obligation. What is needed in order to fulfill the obligation is to come to prayer because there is a commandment to pray. Commandments require intention. But that does not mean that if I say these words—which are requests for needs—and I also intend to ask for needs, or I want those things, that disqualifies the prayer, Heaven forbid. That already sounds to me like outright stupidity. I mean, the sages instituted for us an entire prayer book—not the whole prayer book, never mind, the parts of the prayer book that they instituted—and they didn’t mean at all what those words say? They could just as well have put some random text in there, so long as we mutter something? It’s simply absurd.

[Speaker B] The sages also, first of all, say that there are specific times maybe—I don’t know whether he said this—but they say that if a person has nothing to request for his needs, he shouldn’t pray, as it were. There’s someone who says that here. I don’t know; I’m not familiar with such an exemption from the commandment of prayer. Not exemption—I’m not talking. But I’m talking about the commandment of prayer, not about prayer that isn’t a commandment. That’s what I mean. There are all kinds of other prayers.

[Rabbi Michael Abraham] You can also pray beyond the commandment; there’s no prohibition of adding.

[Speaker B] You can pray beyond—

[Rabbi Michael Abraham] All right? There, if you have no needs, then don’t ask. But regarding the commandment of prayer, there is no exemption if you have no needs. You don’t omit the relevant blessings in the Amidah because you have no needs. That’s not how it works. So what’s the point here, practically speaking? The point is something like what is written in the introduction to Eglei Tal. I said this in the previous class—I don’t remember, I think in the first meeting. In the introduction, Eglei Tal writes that some people are mistaken and think that one may not study out of enjoyment. Right? The Lithuanians—in declarations at least, not in practice. In practice it seems they do enjoy it, but in declarations they’re supposed to suffer. So one must not enjoy study. Then he says: there is no greater mistake than this. Every morning we bless, “Please make the words of Your Torah pleasant in our mouths, Lord our God”—we want the words to be pleasant for us. But there is a continuation in Eglei Tal, and he writes—it’s usually quoted less—that if someone really studies because of the enjoyment, then he truly does not fulfill the commandment of Torah study. You have to study because one ought to study. That doesn’t mean it’s also forbidden to enjoy it. But an indication would be this: if you’re not enjoying it, do you still study? You still study. You very much want to enjoy it too, but the enjoyment is not the reason why you study. You study because one ought to study. Besides that, you also want there to be enjoyment—“please make it pleasant”—and that creates some kind of connection, and as Eglei Tal writes there, that is a higher level; it is even part of the parameters of the commandment to enjoy it. But that cannot be the reason for doing the commandment.

[Speaker B] The comparison between prayer and Torah study isn’t so clear, because in prayer the essence of prayer is requesting needs.

[Rabbi Michael Abraham] The essence of prayer is the enactment to pray, or the Torah-level commandment to pray. I’m saying maybe it’s possible—this is a counted commandment according to Maimonides.

[Speaker B] You could come and say—let’s put it this way—if this commandment is—

[Rabbi Michael Abraham] an existential commandment: if I have needs, then I ask for them, and if not, then not.

[Speaker B] What does that mean—were you commanded to ask for needs?

[Rabbi Michael Abraham] I have no needs.

[Speaker B] And in Torah study, if—

[Rabbi Michael Abraham] Would you say I was commanded to have needs? What—if I have no needs, I have no needs. What can I do? I don’t have them, I don’t have them, everything is perfectly fine, I don’t want anything, everything is fine, excellent. The Jewish people, each under his vine.

[Speaker B] But you were commanded to ask for your needs.

[Rabbi Michael Abraham] But I don’t have any.

[Speaker B] You can come and wonder—what do you mean, but I don’t have needs?

[Speaker C] But you were commanded to feel that you have needs.

[Rabbi Michael Abraham] But I don’t—I have no needs. What does it mean to feel that I have needs? To fool myself?

[Speaker B] Fine, who said you were commanded—

[Speaker C] I’m not committing myself.

[Rabbi Michael Abraham] I’m saying there is a possibility—

[Speaker B] that you were commanded—you were commanded needs, you were commanded to go pray.

[Speaker C] Yes, maybe that’s how one could understand it.

[Rabbi Michael Abraham] You can understand lots of things, but what does reasonable logic say?

[Speaker B] For a person to request needs? You can expect a person to do some action, but you can’t—

[Speaker C] expect a person to go and pray in a synagogue, but here—

[Speaker B] the logic is a kind of discussion right now.

[Rabbi Michael Abraham] No, that is the discussion—that is the discussion.

[Speaker B] The logic here is to request needs, just as one understands.

[Rabbi Michael Abraham] Exactly—that’s the claim.

[Speaker B] And in Torah study, for example, what Eglei Tal says about Torah study—he says it about joy, but if he had said: there are people who say that one should study Torah without knowing the content of what one is studying, or without understanding, or without reaching certain conclusions—if he had said that was certainly a mistake, then yes, but here I think he also wouldn’t rule out…

[Rabbi Michael Abraham] But that’s just a question about the parameters of the commandment. Are the parameters of the commandment to know or to study? Usually it is accepted that there are two commandments, and therefore it isn’t a mistake. There are two commandments: to study and to know. That’s what is accepted, at least by some commentators, but that doesn’t concern us.

[Speaker B] In the end, the commandment of Torah study—why does one need to study Torah? In order that we know the Torah. The Torah said, in a certain sense—fine, so that’s the definition of the commandment.

[Rabbi Michael Abraham] Right—and in the definition of the commandment regarding prayer, it is that you request needs.

[Speaker B] Right, and that is the object of the commandment in prayer—that’s what you’re supposed to do.

[Rabbi Michael Abraham] Right, and therefore what? What is the claim?

[Speaker B] And Torah study is that you’re supposed to know, and prayer is that you’re supposed to request needs. It’s not to mutter words. There is meaning to the concept of the commandment, not only because of what the Rabbi said earlier—that it’s strange that the sages would institute things for us to request needs and not mean it. Rather, what they instituted—

[Rabbi Michael Abraham] You’re saying there is no proof from Torah study to prayer. I didn’t mean to bring a proof; I meant to bring an example. Not a proof—maybe I…

[Speaker B] The principle—the principle is an example. An example, but the nuance is that in prayer there really isn’t at all—what the Rabbi said—that what is commonly assumed is that a person just does the commandment like a robot. One has to think, okay, what does this commandment mean?

[Rabbi Michael Abraham] Right, but you request needs. I accept everything you’re saying—you request needs. But why? Not because you need the needs, but because there is a commandment to go and request needs. I’m just saying that this is the Leibowitzian plane. And on top of that there is the substantive plane, that I also really want to ask for those needs. I want them too—out of love and fear and all kinds of intentions of the Ari afterward as well. All kinds of higher levels. I accept what you’re saying; I’m only saying I’m not bringing a proof from Torah, I’m bringing an example from Torah. It’s not… I didn’t mean to make a comparison and prove from there. So what does this actually mean? It means that there is the basic motivation—I’m still going back to Torah study. There is the basic motivation: I study because one ought to study, not because of enjoyment. But that doesn’t mean I’m not supposed to enjoy it, or that it’s not good that I enjoy it, and maybe Eglei Tal argues that it’s even part of the commandment’s very definition to enjoy it. That too is a big novelty, but that’s what he claims. So the same thing applies to prayer: I can come because there really is a commandment to pray—and by the way, that is true—that one needs intention to fulfill one’s obligation, like with any other commandment. Also in the commandment of prayer one needs intention to fulfill one’s obligation. The rule that commandments require intention applies to prayer too. Besides that there is the famous Rabbi Chaim, right, with several kinds of intention in prayer. So the first intention is to fulfill one’s obligation. Besides that there are also the further intentions—the intention of the words, to intend what the words mean—which is level two. The fact that there is a level one does not negate the existence of level two or three. All right? That’s what people say. That’s what I mean to say here. So also in the worship of God, if we go back to those two—they were just examples—if we go back to the worship of God, then in the worship of God, why do I really serve God? Not because I love Him and not because I fear Him, but because one ought to serve God. Someone mentioned earlier some kind of intellectual recognition? Something like that—that’s more or less the idea. In another moment I’ll sharpen it further. Because one ought to serve God, that is why I serve God. On top of that, does this mean that it is not okay to fear or love Him? Of course not. There are two commandments: to love God and to fear God. But those are level two and level three. Even if I don’t love Him and don’t fear Him, I still have to serve Him, and I should try to improve the love and fear because those too are commandments. But by the way, love and fear are two commandments—two out of the 613. They are not the root of the entire Torah. They are two commandments out of the 613. The foundation—the obligation to serve God—is the foundation of everything; it is not one of the commandments. It is the foundation of all the commandments, the obligation to serve God. Therefore there is a big difference. That is the most basic obligation. Love and fear are level two, level three; there are endless levels on top of that. But that doesn’t replace the basic level. So we ask ourselves why we are supposed to serve God. The answer is not because we love Him and not because we fear Him, but because one ought to serve God. And since Maimonides in the Laws of Repentance, chapter 10, was mentioned earlier, Maimonides defines there what love is. What is love? “To do the truth because it is truth.” I would not define my love for my wife that way, for example. I don’t remember in which numbered Jewish law it is—look there—but that’s what it says in chapter 10. So what? Maybe that is a Torah foundation for an entirely different topic, and there we will still discuss the relationship between the Laws of the Foundations of the Torah and the Laws of Repentance. I’m talking about chapter 10 of the Laws of Repentance. Therefore, in essence, the foundation because of which one serves God is because one ought to serve God. There is nothing else. Love and fear are above that—

[Speaker B] Or below that?

[Rabbi Michael Abraham] Love and fear are level two and level three. Above or below—that’s a tricky question. Nachmanides, in the portion of Yitro, writes regarding a positive commandment overriding a prohibition. So Nachmanides there, in his commentary on “Observe the Sabbath day” in the Ten Commandments, writes—he has a contradiction. On the one hand, a positive commandment overrides a prohibition; it is stronger than a prohibition. On the other hand, in order not to transgress a prohibition one must spend all one’s money, while for the sake of fulfilling a positive commandment only up to a fifth. Why? If a positive commandment is more important than a prohibition, I should have to spend all my money in order to fulfill a positive commandment. So he explains there something—the Sdei Chemed spells it out more—and I think this is also Nachmanides’ intention: that the fulfillment of a positive commandment is greater than refraining from transgressing a prohibition. Putting on tefillin is greater than not desecrating the Sabbath. But desecrating the Sabbath is more severe than not putting on tefillin. On the positive side, the positive commandment is greater on the side of fulfillment. On the side of transgression, on the negative side, the prohibition is greater. All right? And why? That’s not contradictory at all—it’s two sides of the same coin. The more elevated something is in the spiritual sense, the more exalted it is to do it—but refraining from it is a lesser transgression, because okay, I’m not at that level; I’m at a lower level. But someone who does not do something basic—that is a more serious transgression, right? Therefore there is a difference between what is important and what is basic. I’m answering your question.

[Speaker B] The basic thing—and danger is more severe than prohibition—but that’s not because the body is more important than the soul.

[Rabbi Michael Abraham] It’s simply a condition for fulfilling the commandments. Yes, right. Meaning, the basic thing and the important thing often are not only not the same, they sometimes even conflict. What is most basic is not necessarily the most important, but clearly it is the condition for everything. All right? So we’ve discussed—

[Speaker B] Can we say here that “not for its own sake” and love and fear are “for its own sake”?

[Rabbi Michael Abraham] No, no—“for its own sake,” we’ll see in a moment. That is, I haven’t yet mentioned the concept of “for its own sake” here, and not by accident. The obligation to serve God because that is what one ought to do—because one ought to serve God—that is the most basic thing. You asked whether it is the most important? I don’t know. The highest on the conceptual plane—it may be that love, when you also have at least love and fear, is certainly higher, more meaningful. If it’s only this versus only that, I don’t know. But certainly if you have all of them, that is certainly higher. But the most basic thing is the obligation to serve God. The very obligation to serve God, just like that. All right? In Nefesh HaChayim—so wait, what were we saying? Let’s just close the circle here regarding the laws of idol worship. In the laws of idol worship, when Maimonides says that one who worships out of love or fear is exempt from idol worship—why? What does one need to do in order to be an idol worshiper in the most scrupulous sense? To accept it as a god. What does that mean? To do the truth because it is truth—to do falsehood because it is truth, yes? Meaning, to believe in it the way we believe in God. That is called accepting it as a god. Understand: I see a police officer on the road. All right? I immediately slow down, of course, so that he won’t stop me and give me a fine. Right? Am I worshiping idols? I’m afraid of him, that he will harm me, and therefore I obey his commandments. Is that idol worship? Why is that idol worship? What—must a god specifically be a statue? Can’t it be a person with two legs? Even with a hat, as the comedy troupe said.

[Speaker B] If you slow down because you understand it’s dangerous—

[Rabbi Michael Abraham] and forbidden, then that’s idol worship. Say that again? If you slow down because you understand it’s dangerous… No, no—I slow down because of the fine. I don’t want him to fine me.

[Speaker B] Then it’s because you’re afraid; it’s idol worship that is…

[Rabbi Michael Abraham] So the question is whether that is idol worship. I’m asking whether this is idol worship or not. Isn’t it because it’s out of fear?

[Speaker B] If you’re afraid, out of fear, I need to point out—

[Rabbi Michael Abraham] I need to slow down for the sake of Heaven. Then it will be full-fledged idol worship. Meaning, if I slow down because I think I ought to slow down, that is complete idol worship. If I slow down only because I’m worried about the fine, that is idol worship out of fear, and in that case I’m exempt. It is forbidden, yes? Exempt but forbidden.

[Speaker B] Meaning, yes, it’s clear that that’s not right.

[Rabbi Michael Abraham] Why is that not right? Because when I slow down, I slow down—the policeman standing in front of me is not at all in the position of a god, I hope at least. Meaning, I am not accepting him upon myself as a god. What does it mean to accept someone as a god? Whatever he says, I do. Or I am obligated to do—not that I always manage it, but the conception is that I am obligated to do it. Not because of this and not because I love him or fear him, but because he has some kind of natural, self-evident authority over me; my decision is that whatever he says, I do. That is called a god. If there is someone in the world or something in the world toward whom you feel that way, know that you are worshiping idols. Worshiping idols. Huh? Someone who accepts the law of the state because the law of the state is binding, period—that person is worshiping idols. Halakhically—not as a metaphor, halakhically. So—

[Speaker B] In the army… so one needs to accept the law of the state because…

[Rabbi Michael Abraham] Because it leads to all sorts of important things, I don’t know—such-and-such benefits. One should act out of fear or out of love, not by accepting it as a god. No, no—so you said, since here there simply cannot be any worship of acceptance as a god, then it also won’t count as worship not for its own sake. Worship is defined through the primary layer. After there is worship, then there are also possibilities of worshiping out of love or fear.

[Speaker B] Like a road of a god, something cultic?

[Rabbi Michael Abraham] Something like that, yes. If I take medicine, I take the medicine so that it will heal me, because otherwise it will hurt me. Is that idol worship? It is not idol worship. I do what I need to do in order to get the benefit that comes out of the act.

[Speaker B] But the state and I are not in a relation of a god or something belonging to—

[Rabbi Michael Abraham] No, so here there is room now to discuss whether an abstract god is also a god. I think we talked about this. Whether an abstract god is also a god or not—I tend to think yes, but there is room to discuss it. I don’t think there has to be some wooden doll in order to transgress idol worship—to commit idol worship. But that’s another topic. In any case, so what… wait, I still didn’t understand.

[Speaker C] Why, why if I slow down because a policeman tells me to stop, why isn’t that “exempt but forbidden”?

[Rabbi Michael Abraham] Why… because of what I just answered. Because the option of worshiping him by accepting him as a god does not exist. Since he is not a god in anyone’s eyes, one cannot worship him not for its own sake either. Once something is defined as a god, if you worship it not for its own sake, you are exempt. But this whole commandment, or this prohibition, is defined in relation to entities that are somehow defined as gods. But if there is no room at all to define them as gods—I don’t know—putting on the brakes to stop, is that idol worship? I press the pedal because I know the pedal will stop me if I press it. I’m activating some mechanism whose results I want. That is not called idol worship. I’m not obeying the brake’s instructions because it is the brake. “The truth because it is truth,” right?

[Speaker B] I don’t know if it has to be defined as idol worship…

[Rabbi Michael Abraham] As a god. I have no idea. Don’t ask me now for the precise halakhic definitions; we can talk about that another time. It’s not important for our matter. I’m just trying to define the basic mechanism. Yes. What the Rabbi said—

[Speaker B] that one is less obligated—it’s a bit strange, because usually it is accepted that specifically “accepting the yoke” is something of one God, where there is obligation to one God, while in idol worship there is no obligation; there are many gods. There, specifically, the feeling is that you are not obligated.

[Rabbi Michael Abraham] No, no—obligation is not necessarily the monotheistic obligation familiar to us. There are all kinds of obligations. In the Far East too, there are obligations to as many gods as you want; there is complete pluralism. No, no, I don’t think so. That’s a somewhat Jewish form of thinking. Meaning, I’m not sure that’s right. There are other kinds of obligations. But let’s leave it; that really belongs to the laws of idol worship whenever we discuss them. Fine. In any case, then in practice worship—the worship of God—I’m now moving from idol worship to the worship of God. The worship of God means unconditional obligation. That is called worship of God. I do not serve Him because it’s best to serve Him, or because it benefits me to serve Him, or because I love Him, because I fear Him, because it resonates, because I don’t know what—all kinds of things like that. I serve because one ought to serve. That is the worship of God. On top of that, it may be that this is also the best thing; it may be that it isn’t. It may be that I also love Him and fear Him and a hundred thousand other things—level two, three, all the way to twenty-two. All right? But the first level has to be this. And don’t let your hearts wonder at this matter, because in practice—maybe just in two sentences—where are we with the time? When we come to justify various obligations—moral, legal, religious, all kinds—we always use some principles that justify that obligation. The obligation to obey the law—some justify it through gratitude, some justify it by some sort of implicit social contract, all kinds of theories in jurisprudence. And how do you justify the justifications? The obligation to obey the law, let’s say, is because of gratitude—just as an example. All right? And the obligation to show gratitude? Basic. What does “basic” mean? Fundamental. That’s just how it is, right? It seems self-evident to us. Not “that’s how it is” in the sense of arbitrary, like tossing a coin and deciding. Rather in the sense that it is self-evident. I’m not looking for a more basic principle to justify it. Let’s go back again to Leibowitz: this is how Leibowitz defined the concept of a value. A value is something that does not require justification in order for me to say that I am obligated to it. I simply know that I am obligated to it, period—not because of some more basic principle. In short, whenever we justify our various obligations, we use norms. A norm justifies some obligation. When I ask about the norm—why do I feel obligated to it?—then maybe I’ll bring another norm. And when I ask about that norm—why am I obligated to it?—then I’ll bring yet another norm. In the end, at the bottom line, assuming it isn’t turtles all the way down, then the answer to why I am obligated to the most basic norm will be: just because. But what does “just because” mean? One second—not a coin toss. “Just because” means because it is self-evident. I am not looking for a justification. It is simply self-evident to me that I am obligated to this, and that’s it. That thing, that basic stage, is what is called a value. In this language, I now say that the obligation to serve the Holy One, blessed be He, is a value. Just one more second: once there was a discussion in Yeruham, in the yeshiva where I once taught in Yeruham. There was some discussion there about why one should study Torah. One person said because it’s useful, and because it’s very important and deep and beautiful and wonderful, and all kinds of other things. Rabbi Chaim of Volozhin, whom I had started mentioning earlier in Nefesh HaChayim, says one should study Torah for its own sake. What does “for its own sake” mean? For the sake of Torah. What does “for the sake of Torah” mean? Not for His sake—for its sake, right? What does “for the sake of Torah” mean? Its source is in the Ran on tractate Nedarim; he brings some Ran in Nedarim there. The intention is: just because. That’s really to say “just because” in other words. If someone asks me why I’m sitting on the chair, and I say because one ought to sit on the chair, that’s simply another way of saying “just because,” right? What does “just because” mean? It means that if you ask me why one should study Torah, you’re apparently assuming there is some other principle that is even clearer, and through it one can explain the obligation to study Torah. But if the obligation to study Torah is the most basic and self-evident principle in my eyes, then what explanation are you expecting from me? It is the principle by means of which I explain all my other obligations. Okay? So here too—I’m speaking now only by borrowed example—I’m speaking about the same point. The obligation to serve the Holy One, blessed be He, is not supposed to be based on some norm or principle more basic than it, such as love, fear, desire, I don’t know, this or that. Rather, one simply ought to serve God; that is what it means to accept Him as a god. A first cause, yes.

[Speaker C] But he says “for its own sake” means for the sake of Torah, meaning that Torah in itself is the value. Not God’s command.

[Rabbi Michael Abraham] Correct, not the command.

[Speaker B] Like a sukkah commandment done for its own sake.

[Rabbi Michael Abraham] No, no, no—I’m talking about Torah study, not the commandment of sukkah.

[Speaker B] But then you’re saying that the definition of a value is that there is no commander. If Torah means I study Torah because—

[Rabbi Michael Abraham] Recite Shema morning and evening and you are exempt—take it from me in writing.

[Speaker B] In writing.

[Rabbi Michael Abraham] There is no command.

[Speaker B] Yes, there is a command—Shema morning and evening.

[Rabbi Michael Abraham] Shema morning and evening. Fine, I gave you authorization. Shema morning and evening—you fulfilled the obligation of the command. Everything is fine. Why do you study between morning and evening?

[Speaker B] So Torah is a value.

[Rabbi Michael Abraham] Torah is a value much broader than the commandment of Torah study. The commandment of Torah study is a very narrow part. Torah study and the commandment of Torah study are not the same thing. No. It parallels it, yes. But not because God commanded, but because I understand what Torah is, and it is self-evident to me that one ought to study it. That—that is a basic thing. All right. We’ll come back more to this particular aspect of Torah study. Yes. Because it’s very wise to be wise.

[Speaker B] According to this, there are no values, because every “just because” that we say—for example, in Western society it is customary not to murder people and not to eat them. Right? Because, I don’t know, if you go to a person and ask him why he doesn’t murder, he’ll try to explain it to you, and in the end, after you refute all his explanations, he’ll tell you, “No, because that’s how I was educated.”

[Rabbi Michael Abraham] In the Shaknaz family, it depends.

[Speaker B] Go ask a person why you don’t murder, and in the end—

[Rabbi Michael Abraham] You attribute it to education.

[Speaker B] In Indonesia or I don’t know where—

[Rabbi Michael Abraham] In someplace over there—they eat people because that’s how they were educated. That’s an argument, that’s an argument, that’s an argument—the relativist argument commonly made against the objectivity of values. I don’t accept it on the personal level, because I think they do it because they think it’s right. And the proof is that if they were now to try to educate us over many years to eat and murder, I would bet it wouldn’t work. Why? In Germany, in Nazi Germany, it also didn’t really work so well. People vomited on the… or drank a lot of wine in order to be drunk before they shot Jews. Or they somehow managed, yes, to explain to them that Jews are not human beings. There is also something in the direction of progress—we talked about this once. Something in the direction of progress: somehow cannibals stop being cannibals. I have not found people who were not cannibals and then became cannibals. Meaning, yes, there are different places, but still there is some preferred direction. Meaning, I don’t think it’s entirely relative. But let’s leave that. Attributing it to education is an interesting move; I don’t accept it, I don’t think it’s correct. Fine. So for our purposes, the obligation to serve the Holy One, blessed be He, is in fact some kind of basic value. There is a whole series of such basic values; perhaps they are derivatives of this value, perhaps they are only second-order, I don’t know, but it’s more or less the same principle. And it seems to me that these things almost all—perhaps even all—appear in the Laws of Repentance. The obligation to repent stems from the fact that repentance is the path to draw close to the Holy One, blessed be He. That is a fact. And fact and command are of course two entirely independent things, at least in the philosophical sense. The fact that giving charity to a poor person improves his condition does not turn giving charity into a commandment, right? A fact can never be a sufficient basis to create a norm. Okay? In order to create a norm, you need a source for the norm. Meaning, a fact is a neutral thing. It is true by virtue of being true.

[Speaker B] Meaning, don’t fight the facts. What? Then facts come about a norm afterward? What is this? Are you objecting to legal positivism?

[Rabbi Michael Abraham] No, natural law is… fine, the question is how to define it. I don’t want to get into that now. How did I get to this? So in short, our most basic obligations are in fact obligations that have no explanation; rather, they provide the explanation for secondary or derivative obligations. Our most basic obligations are the obligations that have no explanation. When we ask ourselves why to repent, there is no verse. If there is no verse, then why do it? The answer is that if there were a verse, this would be an ordinary obligation—but repentance is a more fundamental obligation. It is such a fundamental obligation that we are obligated to it even before verses, even without verses. And why? From the same source—maybe this is a little present in some of the things said here earlier—from the same source as the obligation to serve God. And again, not from the source of the obligation to a command—not that it derives from the command. I’m not going back to what Binyamin said earlier, that because there is a command not to desecrate the Sabbath, from that follows the obligation to repent if you desecrated the Sabbath—no. I mean at a more fundamental level. From the very obligation to serve God, from which I also arrive at the obligation to heed His voice and not desecrate the Sabbath, from that very obligation it also follows that I need to repent, because that is the way to be close to Him.

[Speaker B] And what—there is serving God and there is being close to Him?

[Rabbi Michael Abraham] Correct. That’s why I said it’s parallel. I didn’t say it follows from there, but rather there is… You can perhaps call it a kind of form of serving God that is closeness; you can view it as something parallel, just as there is some value that is supposed to be self-evident—of serving God—there is also a self-evident value of being close to Him. All right? And that value tells us that we really need to repent even without a command. More than that: if there were a command, that would only detract. It would turn it into a commandment. The commandment of Torah study is something lowly. It is something lowly because it is only a commandment; there are 612 more like it. Torah study is something far more exalted. Because Torah study is not connected to the commandment of Torah study. We study Torah because we—I at least, I don’t know about you—we study because I understand what this thing means, and it is self-evident to me that this is what one ought to do. Not because there is a commandment of Torah study. It’s not “the commandment of Torah study is equal to them all”; Torah study is equal to them all. Why and how can Torah study be equal to them all? I once saw that there is a book by Rabbi Wolbe called Mitzvot HaShekulot—do you know it? He collected some seven commandments, I think, about each of which the sages said that it is equal to the whole Torah. Which is of course bootstrap, right? Meaning, the commandment of the Land of Israel is equal to the whole Torah. The whole Torah—what, without the Land of Israel? It can’t be equal to the whole Torah including the commandment of settling the Land of Israel itself, right? Therefore it is equal to the other 612. But wait—among those other 612 there is also the commandment of Torah study, which is also equal to the whole Torah, and that already includes the Land of Israel. So what is happening here? The whole business is a bit unclear. So what is the plain meaning? The plain meaning is that all these commandments about which they said they are equal to the whole Torah—that is a mistake. In my opinion it is also a mistake in the book. What is equal to the whole Torah is not the commandment involved in it, but the value involved in it. The commandment is just commandments—like the 613 commandments, there are 613 commandments, all precious, all important, each one with its place. Something that is equal to the whole system is something that is not a commandment. It is something more fundamental than a commandment. That could be repentance. They could say settling the Land of Israel. They could say what—tzitzit?

[Speaker B] Equal to all the commandments. Why? What can there be in that value?

[Rabbi Michael Abraham] I have no idea. One can think—maybe it recalls the firmament, the Throne of Glory, I don’t know. But as a commandment, what does that mean? It’s clearer if you look at the commandment of tzitzit—

[Speaker B] You can say that it completes, but it—

[Rabbi Michael Abraham] A kind of counterpart to all the commandments. But why? What is this, just arbitrary? They held a lottery and I won the jackpot?

[Speaker B] This commandment is important.

[Rabbi Michael Abraham] But why is it important? It represents something, right? So therefore that is the value. That’s what I’m talking about.

[Speaker B] I don’t know if you can define that value as the value of

[Rabbi Michael Abraham] As a commandment, to say

[Speaker B] that that’s how it is.

[Rabbi Michael Abraham] Look, with the commandment of Torah study it’s certainly like that. With the commandment of Torah study it’s certainly like that. Because there are medieval authorities (Rishonim) who say that with the Shema in the morning and evening you fulfill your obligation. So then why do you study everything else? What is neglect of Torah study?

[Speaker B] Neglect of Torah study is when a person could do more.

[Rabbi Michael Abraham] He could do more, but he’s not obligated. There is Shema in the morning and evening, so what’s the problem? It’s an existential commandment. Okay? And that’s the point of what the Rabbi

[Speaker B] was precise about: Torah study, not the commandment of Torah study, or settling the Land of Israel.

[Rabbi Michael Abraham] No, that’s not a linguistic precision. I’m explaining it. It’s not—even if it had said “the commandment of Torah study,” I would erase it.

[Speaker B] So why does the fact that someone just does more take away from it so that it becomes

[Rabbi Michael Abraham] No, because there is always a minimal standard. At that standard it really is a commandment. That’s all. And at that standard you have to meet it like any other commandment, and commandments also require intention. You have to intend to fulfill your obligation. In the Torah you’re studying now, you don’t need intention if you already said Shema in the morning.

[Speaker B] Is it obvious that this commandment, that minimal standard, is equal in weight to the whole Torah?

[Rabbi Michael Abraham] Yes, yes. Because it’s such a fundamental thing that it doesn’t fit into the framework of a commandment. There are many things that weren’t included—we spoke earlier about what gets included in the Book of Commandments. There are things that weren’t included in the Torah’s commands because they’re not important enough? They’re less important?

[Speaker B] If the Holy One, blessed be He, commanded

[Rabbi Michael Abraham] this, you still need

[Speaker B] to do it because of the value.

[Rabbi Michael Abraham] Someone who understood would probably say yes. Right, because if the Torah had not commanded it, okay,

[Speaker B] that’s why it commanded it.

[Rabbi Michael Abraham] And up to this point it’s a commandment, not a value. No, there is also a value in it beyond the commandment. There is also a value in it. In this case it could be that it overlaps. In Torah study it doesn’t even overlap in terms of content. In many things—also in love of God—it doesn’t overlap, what I hinted to you earlier about Foundations of the Torah and the Laws of Repentance. So in fact the most basic values, which are starting points, you can’t weigh them against something else. Because they are starting points. Precisely for that reason it is said about them that they are equal to the whole Torah. They have no defined weight that you can place somewhere—this is less than that, this is more than that. These are foundational things that do not stand on something more fundamental. You can’t weigh them. Consequently, they are equal to the whole Torah. Repentance—I don’t know whether there is a rabbinic midrash like this—so now I’m expounding it: repentance is equal to the whole Torah. Okay? My own midrash—what, is it forbidden to expound? Why shouldn’t I expound? I think that within the Laws of Repentance there appear several values, maybe all of them, that are values of this kind. Within the Laws of Repentance there appear values like Torah study in chapter 10 there, serving God for its own sake, maybe even character refinement appears somewhere, love of God appears somewhere. All these things—it can be shown either that they are non-halakhic values, or that even if there is some command, it does not include the entire scope of the value. And the Laws of Repentance speak about the value, while elsewhere it speaks about the commandment. For example, with love of God, what was mentioned earlier: love of God was mentioned in chapter 10 of the Laws of Repentance, but it was also mentioned in the Laws of Foundations of the Torah. Why does it need to write it twice? And also, look, these are not the same definitions. These two sets of laws are not repeating themselves. It’s a different description. Because in the Laws of Foundations of the Torah it is Jewish law, and there we are commanded—there is a commandment to love God, like any other commandment. It has definitions, and you need to know what that means. In the Laws of Repentance, what is written about love of God is to do the truth because it is truth. It is not a commandment to do the truth because it is truth—how can there be a commandment to do the truth? If I do it because it is truth, then I do it, and if not, then not. You can’t command that. Rather, what is it? It is the non-commanded, non-legal value. That is what one ought to do. The whole essence of the Laws of Repentance, I think at least, is this. And the father of them all is of course repentance itself. Repentance itself is this kind of fundamental value that did not enter the halakhic category because they did not want to put it there. And in Maimonides’ Laws of Repentance it pulls along with it several other values that Maimonides wants to tell us also belong to some basic platform of serving God, and not specifically to the halakhic platform, which is discussed elsewhere in the legal rulings. And therefore, in practice, the Laws of Repentance in Maimonides—under a different heading you could say these are the Laws of Serving God. They are not the Laws of Repentance. And of course the basic service of God, perhaps almost the most basic of all besides the very obligation of serving God—which is not written anywhere, maybe that is the commandment of faith / belief, I don’t know—is the obligation to return, to draw close to the Holy One, blessed be He, to aspire to be close to the Holy One, blessed be He. And from this there are attached all kinds of other aspects of serving God, which also appear here in the Laws of Repentance. Okay, we’ll continue next week.

Next Lecture →
Answer 2

Leave a Reply

Back to top button