BREATHE Act Torah: Holding Officials Accountable

The accepted confession of all Israel contains this verse: "But all of us have sinned", which is the component part of the confession. Sins which he had made confession of one Day of Atonement, one should repeat and make confession on every other Day of Atonement. though he continues to be a penitent, even as it is said: "For I acknowledge my transgressions, and my sin is ever before me" (Ps. 51.3).

What is repentance? The sinner shall cease sinning, and remove sin from his thoughts, and wholeheartedly conclude not to revert back to it, even as it is said: "Let the wicked forsake his way" (Is. 55.7); so, too, shall he be remorseful on what was past, even as it is said: "Surely after that I was turned, I repented" (Jer. 31. 19). In addition thereto he should take to witness Him Who knoweth all secrets that forever he will not turn to repeat that sin again, according to what it is said: "Say unto Him.… neither will we call any more the work of our hands our gods" (Hos. 14.3–4). It is, moreover, essential that his confession shall be by spoken words of his lips, and all that which he concluded in his heart shall be formed in speech.

I can hear Ephraim lamenting:
You have chastised me, and I am chastised
Like a calf that has not been broken.
Receive me back, let me return,
For You, O LORD, are my God.

Assyria shall not save us,
No more will we ride on steeds;
Nor ever again will we call
Our handiwork our god,
Since in You alone orphans find pity!”

All of the commandments in the Torah: whether they be the positive commandments, or the negative commandments; if a person transgressed any of them, whether he did so intentionally, whether he did so unintentionally, when he repents and returns from his sin - he is obligated to confess before God, blessed be He, as it says (Numbers 5:6-7), When a man or a women does any of the sins of man...and he shall confess his sin that he committed... - this refers to a verbal confession. And confession, that is a positive commandment. How does he confess? He says, "Please God, I have sinned, I have erred, I have [willfully but unrebelliously] transgressed, I have done such-and-such [specific sins], I am regretful, and ashamed for my actions, and I will never again return to my old ways." This is the essence of the confession, and anyone who wants to lengthen [his confession], this is praiseworthy.And it is the same for those who are liable for sin [hattat] and guilt [asham] sacrifices: at the time when they bring sacrifices for their unintentional or intentional sins, [the sacrifices] do not atone for them until they repent [do teshuvah] and confess verbally [do vidui], as it says, he shall confess the matter in which he sinned (Leviticus 5:5). So too for those who are liable for capital punishment or lashes: their death or lashing does not atone for them until they repent [do teshuvah] and confess verbally [do vidui]. And also someone who has injured his fellow or damaged his property, even though he has repaid what he owes him, he has not atoned until he confesses and turns away from similar actions forever, as it says, From any of the sins of man (Numbers 5:6).

Teshuva and Yom Kippur only atone for transgression between man and God, such as one who eats a forbidden food, or has a forbidden sexual relationship, etc. But transgressions between man and his fellow, such as hurting his fellow, or cursing his fellow, or stealing from him, etc, those are never forgiven until he gives his fellow what he owes him, and [his fellow] is appeased. Even if he returned the money he owed his [fellow], he must appease him and ask him to forgive him. Even if he only perturbed his fellow verbally, he must make amends and meet with him until he forgives him. If his fellow does not wish to forgive him, he should bring a line of three people who are friends with him and they will approach him and ask [forgiveness] from him. If he does not give in to them, he must bring people a second and third time. If he still does not give in, they should leave him alone, and that person who did not forgive – he is the sinner. But if it was his teacher, he must come and go even a thousand times until he forgives him.

Someone who sins against his fellow, and the fellow dies before he can ask him for forgiveness, he should bring ten people and stand them by his grave and say in front of them, “I have sinned against the Lord, God of Israel and against this certain person because I did such-and-such to him.” And if he owed him money, he should give it to his heirs. If he does not know who the heirs are he should give it to the court and confess.

When a person weighs his sins against his merits, he should not calculate a sin sinned once, nor twice, but only [when sinned] thrice and on. If the sins done three times or more are found to be greater than his merits, then those sins [done once or twice] are added to it and he is judged on all of them. And if it turns out that his merits are equal to his sins that were transgressed from the third time onwards, all of his sins are forgiven one at a time, such that the third transgression is considered the first [to be up for forgiveness], since the [first] two were already forgiven. And so [too] the fourth, behold it is [now] the first [in line], since the third was forgiven. And so [on], until their end. To what does this refer? To an individual, as it says, Behold, all these things the Power does, twice, thrice, with a man (Job 33:29). But with the group, He suspends the first, second and third sin, as it says, For three transgressions, but for four I will not return it (Amos 2:6). And when it is calculated for them upon this way, it is calculated [only] from the fourth sin and onwards. [These] in-between people, if there was among the half of [their actions that were] sins [the sin] of not ever having put on tefillin (phylactaries), [that person] is judged according to his sin, but he has a share in the World to Come. And so [too], all of the evildoers whose sins are greater [than their merits], they are judged according to their sins, but they have a share in the World to Come; as all Jews have a share in the world to come, even though they have sinned, as it says, your people are all righteous, they will inherit the earth forever (Isaiah 60:21). This [use of the word,] earth, is a parable, which is to say, the land of the living, which is the World to Come. And so [too], the pious ones of the nations of the world, they have a share in the World to Come.

What is complete teshuvah? When a person has the opportunity to commit the same sin, and he possess the ability to do it, but he separates and does not do it because of teshuvah and not out of fear or lack of strength. What is an example? A person who had illicit sex with a woman, and after some time he is alone with her, and he still loves her and possesses his physical power and is in the same country where he committed the sin, but he separates and does not sin – that person is a complete ba’al teshuvah, about whom [King] Solomon said, Remember your Creator in the days of your youth (Ecclesiastes 12:1). And if a person only does teshuvah in the days of old age, when it is not possible to do what he once did, even though this is not the highest teshuvah, it is effective and that person is a ba’al teshuvah. Even if a person sinned all his days and did teshuvah on the day of his death and died in his teshuvah, all his sins are forgiven, as it says, Before the sun is darkened, and the light of the moon and the stars, and the clouds return after the rain (Ecclesiastes 12:2), which is the day of death. This implies that if he remembers his Creator and does teshuvah before he dies, he is forgiven.

Each and every person has merits and sins. A person whose merits are greater than their sins is righteous; and a person whose sins are greater than their merits is wicked; half and half, in-between. And the same is true of a country, if the merits of all its citizens are greater than their sins, that nation is righteous, and if their sins are greater than their merits they are wicked; and also for the whole world. Regarding a man whose sins are greater than his merits, is immediately dead in his wicked state, as it says on many of your sins (Jeremiah 30:14, Jeremiah 30:15, Hosea 9:7). And so too a country whose sins are greater [than its merits], it is immediately a desolation, as it says The cry of Sodom and Gomorrah is great (Genesis 18:20). And so too the whole world, if its sins were greater than its merits, it would immediately be a desolation. As the verse says And God saw the great wickedness of man (Genesis 6:5). And this evaluation is not according to the number of merits and sins, but according to their magnitude. There could be a merit which is equivalent to several sins, as it says, because in him there is found a good thing (I Kings 14:13); and there could be a sin which is equivalent to several merits, as it says, one sinner destroys much good (Ecclesiastes 9:18). But such calculations only take place in the mind of the Divine Intellect, He who knows how to evaluate merits against sins.

You shall not turn over to his master a slave who seeks refuge with you from his master. He shall live with you in any place he may choose among the settlements in your midst, wherever he pleases; you must not ill-treat him.