When asked what the mitzvas hayom of Yom Kippur is, the average person would answer, "that's easy - fasting!" He might even open a Chumash and point to the passuk "V'anisem es nafshoseichem - and you shall inflict yourselves (through fasting)."(1) It appears in Parshas Emor alongside the other specific Yom Tov mitzvos.

A more perceptive person would agree with the above, but would also point out another mitzva of Yom Kippur: teshuva! We are required to say Viduy ten times during Yom Kippur. Surely this indicates that teshsuva - Viduy is to be counted as a mitzvos hayom of Yom Kippur(2).

One might ask this person where the source for the special mitzva to do teshuva on Yom Kippur is. The Torah does command us to repent, but that mitzva is not limited to Yom Kippur. Perhaps saying Viduy on Yom Kippur is not a Torah obligation? Perhaps it is Rabbinically ordained?

To analyse this issue, let us have a look at the following passuk: "ki vayom hazeh yichaper aleichem l'taher eschem mikol chatoseichem lifnei Hashem tit'haru - for on this day He shall provide atonement for you to cleanse you from all your sins. Before Hashem shall you be cleansed"(3). This passuk may be interpreted in two ways: either as a statement or as a command. Is the passuk merely stating the fact that Yom Kippur brings kapora and tahara from all sins, or is it an injunction directed at us to cleanse ourselves through teshuva? In other words, is the meaning of 'lifnei Hashem titharu' you will become cleansed, or is it a command: you should do (the act of) purify(ing) yourselves - through teshuva?

There is a dispute in the Talmud(4) over whether or not it is necessary for an individual to repent in order to receive the atonement of Yom Kippur. The Rambam(5) rules that teshuva must be done to effect kapora. Seemingly, this dispute is central to how the aforementioned passuk is interpreted. The Tanna who rules that Yom Kippur atones, even if one does not repent, understands the verse as a statement: one will be cleansed regardless of whether he has repented or not. However, according to the opinion that teshuva is required for kapora, the verse is actually a command: you should purify yourselves - through teshuva.

Obviously, if Yom Kippur atones even without repentance (since there is no obligation to repent), the passuk may only be understood as a statement, not a command. However, even according to the opinion that we receive forgiveness on Yom Kippur only through teshuva, the verse may possibly be understood as a statement.

The Rambam(6) rules that we are obligated to do teshuva on Yom Kippur. He bases this on the fact that Yom Kippur is the climax of the ten days of repentance, and is thus the last chance for forgiveness. Accordingly, doing teshuva is not a mitzvas hayom of Yom Kippur, as is the mitzva to eat matza on Pesach, for example. Rather, it is an obligation that is related to the laws of teshuva. Certain sins require the passage of Yom Kippur to effect their atonement. Therefore, it is this aspect of Hilchos Teshuva that obligates us to repent on Yom Kippur, but it is not a Yom Kippur mitzva per se.

This idea may be enforced by the fact that the Rambam chooses to record this obligation in Hilchos Teshuva in the section that deals with the laws of teshuva(7). Had it been one of the mitzvos of Yom Kippur, it would be more appropriate for the Rambam to situate the mitzva of teshuva in Hilchos Shivisas Asar, the section that deals with the laws of Yom Kippur, alongside the mitzva to fast. Since the obligation to do teshuva is not a mitzvas hayom of Yom Kippur, lifnei Hashem titharu cannot be a command. Clearly, the Rambam understands this verse as a statement(8).

On the other hand, Rabbeinu Yonah(9) explains that the obligation to do teshuva on Yom Kippur is commanded by the Torah in the words "mikol chatoseichem lifnei Hashem tit'haru." This is not just a statement it is a command(10). Thus, he holds that teshuva is a mitzvas hayom of Yom Kippur.

Consequently, we have a disagreement between the Rambam, who holds that the passuk is a statement - teshuva is necessary on this day only because it is a requisite of the kapara process, while Rabbeinu Yona believes that the passuk is a command - teshuva is a special mitzva of Yom Kippur.

In view of the above, we are in a position to shed light on an intriguing question. Why is Viduy incorporated as part of Shemoneh Esrei on Yom Kippur? Those who daven Nusach Sefard and say Viduy every day of the year, do so after the Amida. Why is Yom Kippur different? A suggested answer may be based on the aforementioned Rabbeinu Yona.

There are many laws that are exclusive to Shemoneh Esrei, and are required due to the fact that when praying Shemoneh Esrei, one is standing in front of Hashem. For example, one must stand in a position of respect, as one would stand when addressing a king. One is required to dress in a dignified manner, as it is written "hachon likra'as Elokecha - prepare yourself to greet your G-d;"(11) and it is forbidden to approach the Amida in a state of even minor intoxication. These are just a few of the halachos that are designed to impress upon a person that when he davens the Amida, he is 'Omed Lifnei Hashem' - standing in front of Hashem.

Since Rabbeinu Yonah's view is that the mitzva of teshuva on Yom Kippur is derived from the passuk 'mikol chatoseichem lifnei Hashem tit'haru,' it may be argued that the words 'lifnei Hashem tit'haru' are declaring that the mitzva of teshuva on Yom Kippur should be done while one is standing lifnei Hashem, i.e. during the Amida.

This brings us to the next question. The individual recites Viduy after the last bracha of Shemoneh Esrei, whereas in Chazoras HaShatz - the Chazzan's repetition - it is said as part of the middle bracha. Why is this so?

Logically, the ideal place for Viduy is at the end of the Amida, when the tefila is concluded. But we must be certain that at that point in the Amida, we are still considered 'lifnei Hashem.' This is where there is a difference between the individual and the Shliach Tzibur. The individual is considered to be omed lifnei Hashem for the duration of the Amida, until he takes the three steps back (symbolically leaving the direct presence of Hashem). Viduy can therefore be said at the very end of Shemoneh Esrei, as he is still lifnei Hashem at that point. The Shliach Tzibur, however, cannot wait until the end. He is appointed as the emissary of the tzibur to speak to Hashem on their behalf. When he concludes the final bracha, his shlichus is concluded, and he is no longer considered omed lifnei Hashem(12). It was therefore necessary for Chazal to arrange the Viduy of Chazoras Hashatz in the middle of Shemoneh Esrei.

Whether teshuva is a special mitzvas hayom of Yom Kippur or not, one thing is certain, one cannot achieve any level of teshuva without serious reflection and definite resolutions. The essence of teshuva is true remorse, accepting to refrain from one's sinful actions, and of course Viduy.

We should all merit to return to Hashem b'teshuva shleima and be blessed with a Shana Tova!

1. Vayikra 23:27. 2. (Viduy is the essence of teshuva, see Rambam, Hilchos Teshuva 1:1). 3. Vayikra 16:30. 4. Yoma 85b. 5. Teshuva 1:3 Kesef Mishna there rules that teshuva must be done to effect kapora. 6. Teshuva 2:7. 7. A difficulty that must be addressed: why does the Rambam hold that doing teshuva before Yom Kippur is not enough to benefit from the kapara of Yom Kippur? Why does he state that teshuva must be done specifically on Yom Kippur? 8. See also the commentary of Rabbeinu Bachaya (Vayikra 16:30) who explains the passuk as a statement. Hashem is giving us a havtacha - a promise - that He will forgive us. 9. Sha'arei Teshuva 2:14, 4:17. 10. Both Targum Yonasan and Rav Sadya Gaon explain the passuk similarly to Rabbeinu Yona. 11. Amos 4:12. Evidence of this is the fact that the Shatz is not required to take the prescribed three steps back at the conclusion of the Amida (see Shulchan Aruch 124: 5).