A New Path

The Minchas Chinuch (364:1) points out that it would seem that the mitzvah of teshuva and mitzvah of viduy are two distinct ideas.  One can do teshuva mentally without viduy and viduy is another mitzvah to confess one's sins.  He cites proof from open pessukim in this week's parsha which mention doing teshuva but no viduy.  In addition he cites the Gemarah Kiddushin (49b) that one is called a צדיק for הרהר תשובה and the Gemarah Yoma with Rashi (85b) that a korban atones without viduy.  He is troubled then as to why the Rambam in the beginning of the Laws of Teshuva indicates that one needs viduy to complete teshuva?  A similar issue is apparent is the Beis Shmuel (38:55) who rules that a thief who repents, even if one has not returned the stolen goods is a tzaddik (at least vis-a-vis the law marrying on condition that one is a tzaddik,) how can the thief be a tzaddik if his teshuva is not complete?   This issue is also apparent in our avodah on Rosh Hashana for it is one of the days of the repentance but we do not say and viduy on Rosh Hashana?   

The Midrash Tehillim (81) says תקעו בחדש שופר. רבנן אמרי חדשו מעשיכם ושפרו מעשיכם ואני מכסה על עונותיכם שנאמר (תהלים פה ג) נשאת עון עמך כסית כל חטאתם.  What does it mean תחדשו מעשיכם and then the sins will be covered?  

The Gemarah Rosh Hashana (16b) says אָמַר רַבִּי יִצְחָק: אֵין דָּנִין אֶת הָאָדָם אֶלָּא לְפִי מַעֲשָׂיו שֶׁל אוֹתָהּ שָׁעָה.  Rabbenu Channanel adds (it only appears in some editions) ירושלמי ריב"ל אמר מהאי קרא אם זך וישר היית אין כתיב אלא אם זך וישר אתה עכשיו.  The past is ignored, only the current state of the person is judged.  How is the past just ignored, what happened to the need for teshuva? 

To reconcile these ideas Rav Solevetchik (and others) suggest that there are two levels to doing teshuva.  Full-blown bonified teshuva has all of the technical aspects of teshuva of abstaining from the sin, regret, accepting to not be a  repeat sinner and viduy.  That process is the full process that one must go through to become a complete ball teshuva.  However ,at its most basic level, the beginning of teshuva is about finding a new direction in life.  As the possuk says יעזב רשע דרכו, the wicked must change direction, forge a new path.  It is that שעה אחת, single turn ,when one commits to finding a new direction in life, that one can already be called a tzaddik.  The pessukim in the parsha, the man who is מהרהר תשובה, the thief who mentally decides to repent, have completed the first level of teshuva, they turned their life around and committed to lead a better life.  

This is the avodah of Rosh Hashana.  We do not mention a formal declaration of the teshuva process in the prayer service for what we are striving to do is to change our direction, to turn from the path of sin to the path of goodness.  This is what the Gemarah is teaching that דָּנִין אֶת הָאָדָם אֶלָּא לְפִי מַעֲשָׂיו שֶׁל אוֹתָהּ שָׁעָה.  According to the direction one is pointing toward, where one wishes to go on Rosh Hashana, will determine his judgement.  Although the past mat be riddled with sin and that will have to be examined and repaired correctly in due time, what matters on Rosh Hashana is where one wants to go.  That is what the Midrash is telling us; תחדשו מעשיכם, by choosing a new path, the sins will not be looked at, one will be judged according to the path that they are committing themselves to currently.