Parshat Tzav

The Guilt Offering (Leviticus 7:1-8)

Questions by Joel Cohen

In exquisite and meticulous detail, the parsha tells us the technicalities of sacrifice – and, of “the guilt offering; it is the most holy.” We are told of the blood ceremony “all around the altar”; how the fat, the innards, the tail, the kidneys, the diaphragm, and the liver are to be offered up in smoke on the altar. Finally, the parsha tells us that every male priest may eat of it in a holy place, but that it belongs to the priest who performs the atonement service.
But where, and what about, the sinner who contributes the guilt offering? Indeed, Leviticus 5:1-6 already told us. That is, if, after agreeing to do so, a witness declined to testify about something he knew about, effectively giving false testimony by saying “I did not know”; or a person became unwittingly contaminated by the carcass of an animal, or of a human; or a person unwillingly swore to do or abstain from doing something (however that could happen) – he became obliged to “confess” his guilt and give a guilt offering.
Still, this doesn’t make much sense. It does make sense that a person should confess his sin. But, if his act is unwitting, why should there be anything at all to confess? And if his act is intentional, for example, in the case of the person who declined to comply with his acceptance of a demand to give testimony, and thus lying, why is it sufficient that he simply confess his sin? Shouldn’t he also be required to repent? But yet, the Torah doesn’t tell us that. Instead the Torah tells us of the need to confess sins that the sinner didn’t intentionally do, and neglects to demand repentance for the ones he does intentionally.
Has the Torah become too enmeshed in the technicalities of the sacrifice itself, allowing the “meaning” of penitence to take a back seat?

Rabbi Adam Mintz

Joel---You have identified the fundamental issue of how one repents in the Jewish tradition.
The Rambam, in his quest to write an encyclopedia of Judaism, addresses the laws of repentance in a separate set of laws at the beginning of his Mishneh Torah. In this work, he describes a three tiered approach to repentance. He writes that if a Jew sins, he/she must:
1. Recognize the fact that he/she sinned.
2. Regret the sin
3. Commit to never do it again
The Torah tells us that an integral part of the process of the sacrifice is the confession on the head of the animal. This highlights the fact that the korban is a part of the repentance process but not the whole thing. If a person sins in the time of the Temple, he must bring a sacrifice to the Temple. The bringing of the sin offering is the equivalent of the Rambam’s first category of recognizing the sin. Then the sinner must place his hands on the head of the animal and confess the sin. This is the fulfillment of the Rambam’s second category of regretting the sin. There is still one aspect of the process of teshuva that the korban cannot achieve---that is the acceptance never to sin again. Of course, this is the most difficult part of the teshuva process. It is easy to realize when you have sinned and even to regret your actions. But, to commit to never doing it again! This requires a serious self-evaluation and the recognition that this commitment may not always be met by success. You may accept never to sin again but in truth you may be faced with a challenge and find that your weaknesses overcome you and that you indeed sin again.
The Torah commands the bringing of the korban as the beginning of the process of teshuva. It intentionally leaves out the final step in the process for this last step cannot be accomplished through a korban given in a public setting. It can only be achieved through the private and serious consideration in which we encounter our inner selves.
Joel---the practice of sacrificing in the Temple is far removed from our lives in the twenty-first century. Yet, its message is as relevant to us today as it was when the torah was given over 3400 years ago.

Eli Popack

There are essentially several parts to your questions.
1) Is repentance itself a requirement of the Torah?
2) Is there a point to confession if one did not repent?
3) Why does someone who has inadvertently sinned need to confess?
I.
Let’s begin with what seems to be the opinion of Maimonides. In the Law of Repentance, the Rambam writes:
“If a person transgresses any of the mitzvos of the Torah, be it a positive command or a prohibition, whether intentionally or unintentionally, he is required to confess before G-d when he repents and returns from his sin, as the verse states, “If a man or woman commits any sins against [another] man...they should confess the sin they committed,”1 which refers to a verbal confession. This confession is a positive command from the Torah...
One is required to confess with one’s lips and state verbally those things which one has resolved in one’s heart. If a person confesses verbally, but has not resolved in his heart to repent, it is comparable to one who immerses in a mikvah while holding a sheretz [a creature that causes ritual impurity], for the immersion will not be effective until he casts the sheretz away.”
However, on further analysis, it could be argued that, in fact, the confession does have meaning even without proper repentance first and also enhances the penitence of someone who has already repented in his heart.
This is expressed in the words of the Sefer Hachinuch (in his commentary to Mitzvah 364):
“Through verbal confession of sin, the sinner reveals his thoughts and feelings, that he truly believes that all his deeds are revealed and known before G-d, and that he will not act as if “the Eye that sees” does not see. Furthermore, through mentioning the sin specifically, he will feel remorseful about it, and he will be more careful on another occasion not to stumble in the same way again.”
This shows that indeed the confession itself is an integral part of the repentance as the raised awareness of the sin and the shame that comes along with it actually propel one to authentically repent. (It can be argues that the Rambam too would agree to this, as it seems from other places where he writes about repentance.)
In summary, confession is effective before, during and after the teshuvah process:
1. Before a person has resolved to stop sinning, an insincere confession helps him to feel uncomfortable and embarrassed, initiating the teshuvah process.
2. When a person has sincerely resolved in his heart not to sin again, confession brings his resolutions to be expressed outwardly.
3. The confession is then effective in inspiring the person to further remorse, and, “he will be more careful on another occasion not to stumble.”
On a deeper level, the confession is actually a part of the “uprooting of sin” that repentance is meant to accomplish. Just as the sin was comprised of both a physical and emotional deed, namely, the physical wrongdoing and the passion that fueled it, the repentance too requires a physical and emotional manifestation. The uprooting of the sinful passion is through the heartfelt regret, and the reversing of the sinful deed is through a physical deed of repentance, namely, confession.
II.
Returning to the words of the Maimonides quoted above, “If a person transgresses …he is required to confess before G-d when he repents and returns from his sin”, it seems that repentance is not the actual Mitzvah, rather, repentance seems to be the circumstance or clause in which case the “Mitzvah of Confession” must be fulfilled.
Though the commentaries debate if this is indeed what the Rambam intended with these words, the Minchat Chinuch maintains that teshuvah is indeed wholly optional. He posits that the Torah only requires us to confess if we do teshuvah, much as we are commanded to slaughter an animal if we desire to eat meat -- but eating meat per se is not obligatory.
An understanding of the nature of teshuvah sheds light on its anomalous nature.
There's something special, a particular genuineness, about an unsolicited and unexpected act. It's a more accurate reflection of who you really are and what you really want to be doing.
But the Mitzvahs, the tasks demanded by our relationship with G d don't leave much room for impromptu outbursts of love. Our relationship with Him seems to be scripted from the moment we rub our eyes open in the morning until the moment we shut them for the night. The tasks demanded by this relationship -- all 613 of them -- seemingly don't leave much room for improvisation, for impromptu and original outbursts of care and love. You want to compliment Him -- great, you are just fulfilling your requirement to pray. You want to give Him something special, maybe a nice donation to the synagogue -- nice, but you have just satisfied your obligation to give charity.
Luckily we do have the ability to express ourselves in the course of this all-important relationship. The uncharted part of our relationship is called teshuvah, loosely translated as repentance. Accurately translated, however, teshuvah means "return." Teshuvah is about returning and reconnecting with one's inner self, one's very essence. At the core of every Jew there is a soul which is a burning coal of love for G d, a soul whose only desire is to connect to its Creator and serve Him dutifully. Connecting with one's true self, and thus revealing the awesome relationship which one shares with G d, automatically cleanses one of all sins, and is the starting point of a new chapter in life, a chapter dominated by new goals and priorities.
With this understanding, it is clear that teshuvah cannot be a commandment. Teshuvah is the ultimate expression of one's self -- and following a command is not the truest expression of self.
This Teshuvah is the “soul” of the repentance; the “body” of the repentance remains the physical act which it requires – confession. Instructions about the physical aspect of Teshuvah can be counted a s a Mitzvah, and that’s why the Torah keeps on mentioning it.

III.
This leaves us with our last question. Generally speaking, sacrificial offerings were brought in atonement for those sins that were done inadvertently. Why is someone who did something by accident, required to repent, bring a sacrifice, and confess to something that he did with no malicious or evil intention?
The answer lies in the fact that though the sin itself was committed unwittingly, the fact that it was possible for the person to have sinned is an indication that he is spiritually lacking; were he to be spiritually complete he would not even sin inadvertently, as the verse states: “A righteous individual will not happen upon iniquity” (Mishlei 12:21).
Thus, inadvertent sin is a direct result of having allowed one’s animalistic tendencies to get out of hand.
Those things that a person does without thinking tend to reflect the things in which he is immersed, and where his true pleasure lies. The actions of a truly holy individual are good and holy; succumbing to evil — even inadvertently — is an indication that a person does not find his pleasure only in goodness.
Thus, in one way inadvertent sin indicates a greater spiritual taint than conscious sin: When a person does something wrong knowingly, his action does not necessarily indicate to what degree he is bound up with the evil; it is entirely possible that his sole connection was only at the time of the deed, and affects only his power of action and present level of intent. However, when an individual sins unconsciously and without premeditation, then his action indicates a subconscious connection to sin; evil touches him on a level that goes much deeper than his awareness.

Teshuvah is powerful. According to our sages, a sin can take you higher than all the mitzvahs could ever reach—if you do teshuvah out of love. Love for G d, for His Torah and for your precious soul.