Question: What is the proper means of teshuvah, the repentance that one should engage in during Elul as we approach the Yomim Nora’im (Rosh Hashanah and Yom Kippur)?
Zvi Unger
Via E-mail
Synopsis: A sure key to unlocking the Gates of Repentance during the month of Elul is to try to act lifnim mishurat ha’din – above and beyond the requirements of the law. The Talmud (Berachot 7a) explains that this trait is greatly valued by Hashem. The Gemara tells us that G-d says the following prayers: “…that I deal with My children according to the attribute of mercy and, on their behalf, go lifnim mishurat ha’din – stopping short of the limit of strict justice – namely, [acting] mercifully, beyond the letter of the law [in forgiving them their transgressions].” The Gemara then recounts an incident where G-d asks R. Yishmael b. Elisha for a blessing, showing the greatness of our relationship with G-d. G-d yearns to solidify His closeness by requesting a blessing from a mere mortal of flesh and blood; this is a sign of His love for us, and should serve as a sign of the boundless opportunities for closeness with Him.
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Answer: Years ago my uncle, HaRav Sholom Klass, zt”l, discussed the topic of lifnim mishurat ha’din and the profound meaning our Sages found in this trait. A part of that discussion is adapted below:
“In reference to the matter of lifnim mishurat ha’din, we find the following statement of R. Yochanan in the Gemara (Bava Metzia 30b): ‘Jerusalem was destroyed because they issued judgments therein in accordance with the [strict] Biblical law.’
“The Gemara questions this statement: How then were they to judge others – not according to the Torah, but through physical force? The Gemara concludes: ‘Jerusalem was destroyed because they based their judgments strictly upon Biblical law and did not go beyond the requirements of the law.’
“The Gemara provides many incidents where the Sages went beyond the requirements of the law to do a good deed. In the Gemara (Bava Kamma 99b) it was taught: ‘If a dinar [a coin] was shown to a money changer who recommended it as valid, but it was subsequently found to be forged, he would be exempt from damages if he was an expert, but if he was an amateur he would be liable. The Gemara continues: ‘There was a certain woman who showed a dinar to R. Hiyya, who told her that it was good. Later she returned and said, “I showed it to others, and they said it was bad. In fact, I couldn’t pass this coin.” Thereupon R. Hiyya said to Rav: “Go and exchange the coin for a good one and write it down in my register as a bad debt.”’ The Gemara then asks why he had to pay when he could have been exempt because he was known to be an expert. It concludes that he did so because he ‘went beyond the requirements of the law.’
“Another case is found in the Gemara (Bava Metzia 24b) which tells about the father of Shmuel who once found asses in the desert and returned them to their owners although they had been lost for over 12 months [and we assume the owner had given up hope of ever finding them – thus rendering them hefker]. The Gemara answers: ‘He only did so because he went beyond the requirements of the law.’”
Yet another case cited by my uncle illustrates this point (infra Bava Metzia 30b): “Once R. Ishmael, the son of R. Yosi, met a man carrying a load of wood. The man put it down, rested and then said to R. Ishmael, ‘Help me pick up the load onto my shoulders.’ Instead, R. Ishmael purchased the wood from him and made it hefker (ownerless – and thus free to all) so that the man wouldn’t have to carry such a [heavy] load.
“The Gemara then asks, ‘Wasn’t R. Ishmael an elder [sage] for whom it was undignified work [and thus he was exempt from the commandment of aiding others]? The reply is that he acted ‘beyond the requirements of the law.’
“For R. Joseph taught: ‘And you shall show them the way they must walk therein and the deeds they shall do’ (Exodus 18:20). This refers to a way of life [the means of a livelihood, or the life of a Jew, that of study]. ‘The way’ is also the practice of loving deeds [g’milut chassadim]; ‘they must walk’ refers to visiting the sick; ‘therein’ refers to burial (to give burial to the poor who cannot pay for it); ‘and the deeds’ refers to strict law; ‘they shall do’ – this refers to acts beyond the requirements of the law.”
Indeed, I remember my uncle always saying that, on the other hand, we are supposed to be ever scrupulous in acting in a manner of extra leniency – lifnim mishurat hadin – when we are engaged with our fellow man, always giving him the benefit of the doubt.
Now, if, as we noted last week, G-d gives a mortal the possibility of being just like Him and acting in His stead, then if one is cognizant of the high standing in which He holds us, it should be natural that we emulate all His ways. Thus, acting lifnim mishurat ha’din – going above and beyond the letter of the law – should be no different than breathing the air that keeps us alive. It should be obvious, with this in mind, that if we utilize this dictum in our efforts at teshuva, how much easier and sooner we will follow the path that our forefathers trod and achieve a full Heavenly pardon.
The Midrash (Bereishit Rabba 22:28) tells of a chance meeting of Adam and his son Cain. The Torah relates that Cain, jealous of his brother Abel whose finer sacrifice was accepted by G-d, while his – of poorer quality – was rejected, rose to harm his brother and killed him in an instant. G-d was very angry with Cain for what he did, arousing Cain’s regret as expressed in his statement (Genesis 4:13), “Gadol avoni mi’nso” – My iniquity is greater than I can bear. It was then that Cain set about on a path of teshuvah. Adam inquires of his son, “How has your judgment been decided?” He responds: “I have repented and I was forgiven.” Adam was so taken with the fact that it was possible to effect repentance for so great a sin that he immediately composed the praise and prayer (Psalms 92) “Mizmor shir l’Yom haShabbat, tov l’hodot La’Shem u’l’zamer l’Shimcha elyon” – A psalm, a song of the Sabbath day. It is good to thank Hashem and to sing praise to Your exalted Name…”
Based upon what I have seen as explanation for Adam composing this specific praise as a reaction to Cain’s repentance, I would like to offer the following novel interpretation. Adam was initially created to live in the Garden of Eden – a world of total tranquility and enjoyment. However, after he sinned – and perhaps his sin was even greater than Cain’s for he caused death to come to this world, a punishment that was to affect not only man but every living creature – when he saw that his son was forgiven, he was full of praise of the Sabbath. Why? Because the Sabbath is the one day of the week that brings total tranquility and enjoyment and the opportunity, if only partially, to return to his existence prior to his sin. This, then, was sufficient reason to rejoice and sing out in praise. It is also interesting to note that the words Shabbat and teshuvah share a similar root.
Yet not only is our effort at accomplishing teshuvah and acceptance in G-d’s eyes via the method of lifnim mishurat ha’din a matter that relates to intrapersonal human relationships this time of year (and really all year long), but we find that the Mechaber (Orach Chayyim 603:1) lists a halacha specific to the Days of Awe that exemplifies lifnim mishurat ha’din. He states that one who is not scrupulous regarding pat akum (bread baked by a gentile) – which our Sages prohibited although there is no Biblical prohibition, and from which one is permitted to derive benefit (Avodah Zara 35b, Mishna) – should nevertheless be careful in this observance during the Ten Days of Repentance.
We see that pat akum, according to the Mechaber’s own words, is a law that has obviously been neglected over time, and many are not scrupulous about its observance due to the great difficulties that were encountered in doing so. Yet we are enjoined during this special period of the Jewish calendar to make every effort to abstain from pat akum.
This act of lifnim mishurat ha’din – going above and beyond the letter of the law – is indicative of our relationship with G-d at this unique time, when we beseech Him to treat us in such a manner as well.
Let us hope and pray, especially in these trying times for our people, that just as we act lifnim mishurat ha’din – both in relation to Hashem and to our fellow man – He will look with great favor and mercy upon our repentance and good deeds, and inscribe us for a happy, healthy, and peaceful New Year.