Standing Trial
Rabbi Yosef Levinson

Chazal teach us that Rosh Hashana is Yom Hadin - a day of judgment, when our lives literally hang in the balance. Our future is in the hands of the Beis Din Shel Maaleh, the Heavenly Court. As we stand on the threshold of a new year, we ought to tremble with the same fear as one facing trial for a capital offence. We can readily imagine the impact of a human court's decision. A guilty verdict and a harsh sentence would be devastating blows. However, since spiritual matters are beyond our everyday experience, our lives continue, seemingly unfazed by the approach of Rosh Hashana. How are we to understand and overcome possible complacency at this awesome time?

Studying mussar (Jewish Ethics) and reflecting on its lessons, aids tremendously in this pursuit. The essence of the mussar movement is to bring Maamarei Chazal, (lessons of the Sages) to life and internalise them. Mussar is a guidebook to direct us in living our lives and conducting ourselves according to the Chachamim's teachings.

Rav Yitzchok Blazer, affectionately known as Reb Itzel(1), provides a fitting example from the Gemara(2). Rav Alexandri called out, "Who wants life?" Everyone came and said, "Give us life!". Rav Alexandri said the passuk from Tehillim, "Mi ha'ish hachafeitz chaim. . ." - Who is the man who wants life? - ... "Nitzor l'shoncha meira" - Guard your tongue from evil. This episode is intriguing. What was motivating Rav Alexandri? He rallied the town's people together on the pretext of providing an elixir of life and instead quoted a passuk which they all certainly knew. Reb Itzele explains that in fact he was teaching them a valuable lesson. Everyone wants to live and will do almost anything to prolong their life. Even the most ludicrous claim, a "Fountain of Youth" and any manner of lotions and potions will attract a crowd. The desire to live longer is so great that we sometimes act irrationally. Rav Alexandri simply reminds us that if we are prepared to put our faith in dubious physical cures, how much more so should we strive to fulfil this passuk in Tehillim which was written with Ruach Hakodesh, (the Divine Spirit). When we daven on Shabbos and say Mi ha'ish hachafeitz chaim, we should stop and listen. David Hamelech is giving us the key to longevity and we should heed his advice. Nitzor l'shoncha meira - Guard your tongue from evil. This is the true elixir of life.

Obviously, at this time when we are trying to merit chaim (life), we should endeavour to fulfil this passuk which is a z'chus (merit), for life. However, we can go even further in applying Reb Itzele's lesson. Just as the promise of a physical cure can serve as a stepping stone to appreciating the power of a passuk from Tehillim, so too the analogy of a physical courtroom can help to prepare us for the spiritual courtroom we face on the Yom Hadin.

The Mishna(3) states: On Rosh Hashana everyone passes in front of Hashem for judgement individually. Hashem could very easily judge us simultaneously, but He wants each one of us to stand before Him alone. This way there is nowhere for us to hide. There is no crowd to melt into. We can't blame those around us for influencing us negatively, nor can we compare ourselves to them and reason that we are not so bad. We face Hashem alone. Ultimately this means we must answer for our actions and be worthy on our own.

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

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

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

One common line of defence is insanity. Can we also plead insanity? Chazal say "Ain adom choteh elah im kein nichnas bo ruach shtus" - at the time of the sin, the sinner is momentarily insane. For how is it possible for a person instilled with knowledge and understanding to commit a sin? He surely realises that he will have to give an accounting for his actions! But a shoteh (insane individual) is exempt from judgement. Therefore, if at the time of the aveira (sin) he is a shoteh, he should be exempt from judgement. Someone who at times is sane and others is not, can be held responsible for his actions when sane and exempt from responsibility when insane. Rav Chaim Shmuelevitz endorses this insanity defence and says that since we have no control when we commit a sin we can't be held accountable.

However, he adds a serious caution. The Gemara states(4) that a person who travels and even though there is another route, he intentionally uses a path where he will be tempted to sin, is a rasha, an evil doer. The Rashbam adds that even if he avoids sinning, he is still a rasha. He should have distanced himself from the aveira. In this respect explains Rav Chaim Shmuelevitz, we are culpable. We have to stay far away from nisyonos (spiritual tests). Once we are tempted, it will be extremely difficult not to succumb. We have to know our weak points and not let ourselves get into such a situation in the first place. We all know our Yetzer HaRa. Therefore we must protect ourselves from the Yetzer's trap. It is for this that we are being judged. Did we in fact guard ourselves from temptation?

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

But how many of us can say we have succumbed to a particular sin only once? How often is it that and individual passes by a McDonald's restaurant and finds the aroma too powerful to resist. Afterwards he regrets it and is forever cautious concerning forbidden foods. Such an individual is extremely rare. When we stumble, it is usually an oft repeated, even daily, offence. Whether it's being careful not to speak or listen to lashon hara or talking during davening or the Torah reading, there are many mitzvos she'anashim dash ba'akavov (mitzvos that we treat lightly). And what about bad midos? Whether anger or arrogance or other bad midos, they have become so much part of our nature that they constantly affect our conduct. If we reflect on it, we can all find many areas in which we need improvement. So we cannot honestly say we are first time offenders.

Can we plead self-defence, or self-preservation? We want to spend more time learning Torah, but we need a livelihood. While it is a great responsibility to provide for one's family, it is equally imperative to find the time to learn. On Shabbos when the working week is behind us, we should certainly set aside time to learn. And if we can manage to find time each day in our busy schedules to eat 2-3 meals, we can surely also find a little time for Torah. We know we need to eat, so we make time for meals. Our souls also need nourishment. The Torah is the tree of life, it is real living. The reason we need parnassa is to sustain ourselves in order to do Hashem's will and He wants us to learn Torah.

The Gemara(5) asks "How are ladies zoche - how do they merit a portion in the world to come?" In response we find that they earn a special z'chus for taking their children to school to learn and allowing and encouraging their husbands to learn as well as waiting for them to come home. Ladies of course do many mitzvos. What then is the significance of sending their children and husbands to learn? The answer is that Torah is the ticket to gain entry to Olam Haba. One can do many mitzvos but one still needs the z'chus of Torah. Now if women who are exempt from learning and who may have large responsibilities to their families need the merit of Torah to be zoche, then certainly men do. Pleading self-defence is no defence. We need to find the actual time to learn.

Why don't we just admit our guilt? There is a mitzva to say viduy. Let us confess our sins and ask Hashem for forgiveness. However, the halacha is that we do not confess on Rosh Hashana. This is a discussion in and of itself but suffice to say, this is not an option for Rosh Hashana.

So what is left to plead? The only thing left to say is "Not guilty! We didn't do it!" We have to win the trial and the only way is by doing teshuva. If we do a proper teshuva, our sins will not only be erased but they will actually become merits for us so that we can honestly declare "Not guilty!" This is a little difficult to understand. We know that Hashem can forgive an aveira but how can it become a mitzva? Im kain yehei choteh nischar - a sinner will be better off than one who was never guilty of an aveira.

Teshuva is not only receiving forgiveness and atonement, it's returning to Hashem, becoming closer to Him. Hashiveinu Avinu l'sorosecha v'karveinu Malkeinu lavodosecha - Bring us back, Our Father, to Your Torah, and draw us close, Our King, to Your service! Our tefillos affirm that teshuva brings us close to Hashem.

Teshuva is compared to cleaning a garment. When one buys a new suit, it looks clean and bright. Over time it loses its lustre. Still if it doesn't actually become dirty, we may not clean it. Eventually though, if it does get stained we wash it thoroughly and the entire suit soon has that new look again. However, if it had not gotten dirty in the first place we may never have thought to clean it. It's the same with us. There are times when we feel very motivated. We hear an inspiring shiur or we experience certain events that awaken within us the desire to serve Hashem with more enthusiasm. But as time goes by we revert back to our old ways. We lose our "lustre". If we then commit a sin, this might serve to remind us that we are not fulfilling our potential. Through the aveira we see how far we have sunk. We remember the goals we set for ourselves and this brings us back to Hashem(6).

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

1. Kochvei Ohr, an ethical work that focusses primarily on the topic of teshuva and the Elul - Rosh Hashana - Yom Kippur period. 2. Avoda Zara 19b. 3. Rosh Hashana 16a. 4. Bava Basra 57b. 5. Brachos 17a. 6. The S'fas Emes says on the passuk in the Megillah " Uvichain avoh el hamelech asher lo k'daas. Hamelech in the Megilla also refers to Hashem - Melech Malchei HaMilachim. I will come close to Hashem - Sheloh K'das, through an aveira by repenting with love.


Back to Yom Tov Homepage


Shema Yisrael Torah Network
info@shemayisrael.co.il
http://www.shemayisrael.co.il
Jerusalem, Israel
972-2-641-8801