Section I: Teshuvah (Repentance)

2021 Maimonides Moot Court Competition

Source material from the Maimonides Moot Court Competition 2021

Teshuvah as a Pillar of the World

Teshuvah is an essential pillar of Jewish life. Although often translated as “repentance,” the Hebrew root of teshuvah signifies a process of returning. The Oxford dictionary defines repentance as to “feel or express sincere regret or remorse about one’s wrongdoing or sin.” These texts will explore the concept of teshuvah, and help us appreciate why it is better understood in its literal sense—as a process of returning. In doing so, we will consider how this impacts our understanding of criminal justice and how we relate to individuals who have been convicted of crimes.

1. This passage, from Maimonides’ Guide for the Perplexed, explores the significance of teshuvah and its relationship with free choice.

מורה נבוכים, חלק ג' ל״ו

ומבואר הוא שה'תשובה' גם כן מזה הכלל - רצוני לומר מן הדעות אשר לא יסודר מציאות אנשי התורה אלא בהאמין אותם - שאי אפשר לשום אדם שלא יחטא ויפשע אם שיסכול בדעת שיבחרהו או מדה והיא בלתי נבחרת באמת או לתגבורת תאוה או כעס; ולו האמין האדם שלא יוכל לתקן זה המעות לעולם היה מתמיד על טעותו ואפשר שהיה מוסיף במריו אחר שלא נשארה לו תחבולה; אך עם אמונת התשובה יתקן וישוב לטוב שבענינים ויותר שלם ממה שהיה קודם שיחטא.

Guide for the Perplexed, Part 3 36

It should be understood that teshuvah also belongs in this group of ideas without which followers of the Torah cannot be well-grounded, unless one believes in them. For it is impossible for any person not to sin, either through ignorance—by professing an opinion or a moral quality that is not preferable in truth—or else because he is overcome by desire and anger. If then the individual believed that the fracture can never be repaired, he would persist in his error, and perhaps disobey even more because of the fact that no tool remains at his disposal. If, however, he believes in teshuvah, he can correct himself and return to a better and more complete state than the one he was in before he sinned.

Maimonides writes that it is inevitable that human beings will make mistakes. The belief in teshuvah is what motivates a person to learn from their errors and correct oneself. For Maimonides, it is the belief in the ability to right one’s wrongs that leads a person to change their ways. Even more boldly, Maimonides states that an individual will become even more shalem (whole, complete) after having done teshuvah than one was before having sinned.

2. In the following paragraph, Dr. Micah Goodman comments on the selection above, offering an important insight about its placement in the Guide.

Dr. Micah Goodman, Maimonides and the Book That Changed Judaism (2015)
Another belief that the Torah attempted to entrench in human consciousness was faith in human beings. The Torah teaches that human beings have free choice. People do not merely chart their own course in life; they also mold their own personalities. We are not entrapped by our habits or by life’s circumstances. Instead, we have the power to free ourselves from all of these and create ourselves anew. In Jewish tradition, this power is called teshuvah. A condition for doing teshuvah, according to the Rambam, is belief in teshuvah. Someone who does not believe that he can change his basic patterns of behavior or the structure of his personality will never succeed in doing so.

The Rambam locates his discussion of the mitzvah of teshuvah in the Guide in a surprising place: next to those commandments that he describes in the “Laws of Foundations of the Torah”. That is to say, besides all of the theological claims that we are meant to believe in relation to God, teshuvah is the vital belief that we need to have about the potential for improvement and repair in relation to man. Faith in teshuvah is also established not merely by words and declarations, but through ceremonies and deeds.

Dr. Micah Goodman notes that Maimonides includes teshuvah adjacent to his discussion of Judaism’s most important theological claims. In doing so, Maimonides is making a strong statement about the importance of teshuvah as a fundamental pillar of Jewish belief.

Teshuvah as a Human Imperative

3. In the previous sources, we explored teshuvah as something that takes place between an individual and God. A core idea in the Torah is that we should emulate God. Given this imperative, the following sources will explore what type of responsibility, if any, we have to those who are on the path of teshuvah.

ברכות י׳ א

הָנְהוּ בִּרְיוֹנֵי דַּהֲווֹ בְּשִׁבָבוּתֵיהּ דְּרַבִּי מֵאִיר וַהֲווֹ קָא מְצַעֲרוּ לֵיהּ טוּבָא. הֲוָה קָא בָּעֵי רַבִּי מֵאִיר רַחֲמֵי עִלָּוַיְהוּ כִּי הֵיכִי דְּלֵימוּתוּ. אָמְרָה לֵיהּ בְּרוּרְיָא דְּבֵיתְהוּ: מַאי דַּעְתָּךְ — מִשּׁוּם דִּכְתִיב ״יִתַּמּוּ חַטָּאִים״, מִי כְּתִיב ״חוֹטְאִים״? ״חַטָּאִים״ כְּתִיב! וְעוֹד, שְׁפֵיל לְסֵיפֵיהּ דִּקְרָא ״וּרְשָׁעִים עוֹד אֵינָם״, כֵּיוָן דְּ״יִתַּמּוּ חַטָּאִים״ ״וּרְשָׁעִים עוֹד אֵינָם״? אֶלָּא בְּעִי רַחֲמֵי עִלָּוַיְהוּ דְּלַהְדְּרוּ בִּתְשׁוּבָה, ״וּרְשָׁעִים עוֹד אֵינָם״. בְּעָא רַחֲמֵי עִלָּוַיְהוּ, וַהֲדַרוּ בִּתְשׁוּבָה.

Berakhot 10a

There were hooligans in Rabbi Meir’s neighborhood who caused him a great deal of anguish. Rabbi Meir prayed for God to have mercy on him, that they should die. Berurya, Rabbi Meir’s wife, said to him: What were you thinking? If you base yourself on the verse: “Let sins cease from the land” (Psalms 104:35)—is it written, let sinners cease?” Let sins cease, it is written! Moreover, go to the end of the verse, where it says: “And the wicked will be no more.” If, as you suggest, “sins shall cease” refers to the demise of the evildoers, how is it possible that “the wicked will be no more”? Rather, pray for God to have mercy on them, that they should repent, and then “the wicked will be no more.” Rabbi Meir prayed for God to have mercy on them, and they did teshuvah.

While Rabbi Meir initially prays for the demise of those who were antagonizing him, Berurya corrects his behavior and instructs Rabbi Meir to instead pray for God to have mercy on their behalf.

4. The following ruling in the Talmud further explores the conflicting feelings we may have in facilitating the teshuvah process of other people.

סנהדרין ק״ז ב

תנו רבנן לעולם תהא שמאל דוחה וימין מקרבת.

Sanhedrin 107b

The Sages taught: Always have the left hand push [sinners] away and the right hand draw them close.

In confronting someone behaving inappropriately, we may feel a conflicting tendency: part of us may want to bring the person closer, and another part of us may want to push them away. The Sages acknowledge that while we may feel this tension, our primary energy (our right hand) should be used to pull people closer to us.

5. The next source is from a key section in Maimonides’ Laws of Repentance. In this passage, Maimonides concretizes some of the themes above into guidelines around accepting teshuvah from someone who seeks forgiveness.

משנה תורה, הלכות תשובה ב׳:י׳

אָסוּר לָאָדָם לִהְיוֹת אַכְזָרִי וְלֹא יִתְפַּיֵּס אֶלָּא יְהֵא נוֹחַ לִרְצוֹת וְקָשֶׁה לִכְעֹס וּבְשָׁעָה שֶׁמְּבַקֵּשׁ מִמֶּנּוּ הַחוֹטֵא לִמְחל מוֹחֵל בְּלֵב שָׁלֵם וּבְנֶפֶשׁ חֲפֵצָה. וַאֲפִלּוּ הֵצֵר לוֹ וְחָטָא לוֹ הַרְבֵּה לֹא יִקֹּם וְלֹא יִטֹּר. וְזֶהוּ דַּרְכָּם שֶׁל זֶרַע יִשְׂרָאֵל וְלִבָּם הַנָּכוֹן. אֲבָל הָעוֹבְדֵי כּוֹכָבִים עַרְלֵי לֵב אֵינָן כֵּן אֶלָּא (וְעֶבְרָתָן) [וְעֶבְרָתוֹ] שְׁמָרָה נֶצַח.

Mishneh Torah, Repentance 2:10

It is forbidden for a person to be cruel and refuse to be appeased. Rather, one should be easily pacified, but hard to anger. When the person who wronged him asks for forgiveness, he should forgive him with a complete heart and a willing spirit. Even if he aggravated and wronged him severely, he should not seek revenge or bear a grudge. This is the path of the seed of Israel and their upright spirit. In contrast, the idolaters do not act in this manner. Rather, their wrath is held onto forever.

Is It Ever Too Late?

In the first two sections, we explored the significance of teshuvah and the importance of second chances. However, it is crucial to raise a question about the potential limits of teshuvah: is it ever too late? Is there a point where teshuvah is no longer possible and receiving a fresh start is no longer in the cards? If so, when?

6. The following mishnah describes what happens to an accidental killer upon their return from a City of Refuge. In particular, it will cite a dispute whether this individual, upon moving back home, is able to return to a position of authority which they previously held.
Context: If a person kills someone else unintentionally, they can seek asylum in a City of Refuge. Outside of these cities, the relatives of the deceased had the legal authority to take vengeance on the killer. Upon the death of the High Priest, the killer is allowed to move out of the City of Refuge and reintegrate into society without fear of reprisal.

משנה מכות ב׳:ח׳

רוֹצֵחַ שֶׁגָּלָה לְעִיר מִקְלָטוֹ ... וְחוֹזֵר לַשְּׂרָרָה שֶׁהָיָה בָהּ, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר, לֹא הָיָה חוֹזֵר לַשְּׂרָרָה שֶׁהָיָה בָהּ:

Mishnah Makkot 2:8

An accidental killer who went to his city of his refuge ... [upon his return home,] he returns to the office he formerly held, according to Rabbi Meir. Rabbi Yehudah says: He does not return to the office he formerly held.

This mishnah cites a disagreement between Rabbi Meir and Rabbi Yehudah about whether this person can return to their previous position. This dispute raises very important questions about whether there are limitations to receiving a clean slate after committing certain serious transgressions.

7. In this final source, Maimonides rules on this dispute between Rabbi Meir and Rabbi Yehudah.

משנה תורה, הלכות רוצח ושמירת נפש ז׳:י״ג-י״ד

(יג) רוֹצֵחַ שֶׁשָּׁב לְעִירוֹ אַחַר מוֹת הַכֹּהֵן הַגָּדוֹל. הֲרֵי הוּא כִּשְׁאָר כָּל אָדָם. וְאִם הֲרָגוֹ גּוֹאֵל הַדָּם נֶהֱרָג עָלָיו שֶׁכְּבָר נִתְכַּפֵּר לוֹ בְּגָלוּתוֹ

(יד) אַף עַל פִּי שֶׁנִּתְכַּפֵּר לוֹ אֵינוֹ חוֹזֵר לַשְּׂרָרָה שֶׁהָיָה בָּהּ לְעוֹלָם. אֶלָּא הֲרֵי הוּא מוּרָד מִגְּדֻלָּתוֹ כָּל יָמָיו הוֹאִיל וּבָאָה תַּקָּלָה זוֹ הַגְּדוֹלָה עַל יָדוֹ:

Mishneh Torah, Murderer and the Preservation of Life 7:13-14

(13) An unintentional killer who returned to his town, after the death of the high priest should be regarded as any other person. And if an avenger killed him, [the avenger] would be executed on account of him, since he obtained atonement in exile.

(14) Even though he had obtained atonement, he could never come back to a public office held by him previously. He is lowered from his stature for the remainder of his life, because such a significant failing occurred through him.

Maimonides rules that this individual, upon returning to their home from the City of Refuge, should be treated “as any other person.” On the other hand, Maimonides rules that the person cannot return to their position of authority, as Rabbi Yehudah ruled in the mishnah above.

Unit 1 Summary: We have seen teshuvah described as an essential pillar of Jewish life. While we are instructed to emulate God's willingness to forgive wrongdoers, we have also seen that there are limitations, at least when it comes to certain grave transgressions, regarding a person’s ability to regain the status they had before committing the offense.
Questions for further reflection

How would you articulate the meaning of teshuvah as a process of returning?
Why might Maimonides claims that one reaches a “better and more complete state” after the process of teshuvah?
Are there tangible ways in which this should impact how we relate to someone who has been convicted of a crime?