Parsha Halacha

Parsha Halacha - Parshat Ki Tavo

Understanding Ashamnu  

The Mini Viduy (Confession)

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In the Torah portion of Ki Tavo we are taught the mitzvah of viduy ma’aserot^[1] (confession about the tithes), which was done every three years after the farmers had given all the necessary tithes.^[2] Although viduy usually means confession, in this context viduy is translated as acknowledgment^[3] or thanksgiving.^[4] 

This article will focus on the meaning of the mini viduy (Ashamnu etc.) which is said in many communities several times a day and by all communities on Yom Kippur and when saying Selichot.

The Mini Viduy

The introductory paragraph to this viduy is the following: 

“Our G-d and the G-d of our fathers, let our prayers come before You, and do not ignore our supplication. For we are not so brazen-faced and stiff-necked to say to You, our L-rd, our G-d, and the G-d of our fathers, ‘We are righteous and have not sinned.’ But indeed, we and our fathers have sinned.”

The Sins of our Fathers

Here are two explanations as to why we mention the sins of our forefathers.^[5]

●                  Escaping the Cycle of Sin

The Talmud says^[6] that we are punished for the sins of our ancestors (up to four generations) if we follow in their negative ways. The Maharal explains^[7] that one who continues in the wicked path of his family becomes part of a collective group of evil and is therefore also punished as a member of that group. As such, we confess not only to our sins, but to the sins of those generations. This confession enables us to rectify both our sins and those of our ancestors.

●                  Sins of Influence

When a person is brought up in a negative environment, he is less liable for the bad choices he makes since it’s a difficult thing to break out of the mold that one was raised in. (This doesn’t contradict the above Talmudic teaching. Although his sins are considered less severe, he must still suffer for the sins of his ancestors.) We are therefore saying, “Although our sins are somewhat minimized by the fact that we were influenced by our ancestors, we still recognize them and will work to correct them.”

In Plural

When confessing, we use the plural form instead of the singular form. (בָּגַֽדְנוּ אָשַֽׁמְנוּ - “We have transgressed, we have acted perfidiously,” instead of, בָּגַֽדְתִּי אָשַֽׁמְתִּי – “I have transgressed, I have acted perfidiously.”) The Arizal explains^[8] that we say the confession in the plural because we are responsible for the sins of our fellow-Jews based on the principle of Arvut (shared responsibility). This explains why we must also confess for sins that we (may have) never committed as we are part of a community that sinned in those ways. We may not have done enough to influence others positively, and so we share responsibility for their sins.

Kavana - Meaning It

It goes without saying that one must concentrate on the words of the viduy and feel remorse for their actions, as otherwise, it is a meaningless exercise. 

Here are some of the explanations of the transgressions listed in the mini viduy mostly based on the Etz Yosef in Siddur Otzar HaTefilot:

אָשַֽׁמְנוּ - “We have Transgressed”

The most important aspect of viduy is to take responsibility for one’s actions and not to blame them on anyone else. This is the key to real change and self improvement. 

דִּבַּֽרְנוּ דֹּֽפִי – “We have Slandered”

In addition to the standard translation, “We have spoken negatively [about others],” this can also mean “We have spoken with duplicity” as דֹּֽפִי can be understood to mean “with two mouths: (פי דיו).” We are thus confessing for speaking insincerely, i.e., אחת בפה ואחת בלב – saying something with one’s mouth, but in his heart thinking something else.

הֶעֱוִֽינוּ – “We have acted perversely”

This means that we perverted ourselves. Although we (at one point) were following a positive path, we diverged from that path towards a negative lifestyle. We are therefore liable for more punishment since one who knows better and sins is considered more responsible for their choice.^[9]

וְהִרְשַֽׁעְנוּ – “And we have caused others to sin”

This can be understood to mean “we have made ourselves wicked,” i.e., we cannot blame our behavior on our temperaments. It was our own sins that ruined our character and led us towards sins even more corrupted than our natural inclinations.   

קִשִּֽׁינוּ עֹֽרֶף – “We have been stiff-necked”

Based on the five remaining words of this viduy (רָשַֽׁעְנוּ. שִׁחַֽתְנוּ. תִּעַֽבְנוּ. תָּעִֽינוּ. תִּעְתָּֽעְנוּ), “we have been stiff-necked” may be referring to five reasons why a person hardens his heart and doesn’t repent. These are: Because he doesn’t think he’s committing a sin, because he’s having success despite his sinful ways, because he’s naturally inclined towards certain pleasurable and bad behaviors, because he thinks he’s the only one sinning and can escape punishment since there are so many good people around him, and/or because there is no worthy person rebuking him since he considers the people rebuking him to be sinners as well.

The next five stanzas are referring to these five reasons and proclaim that in truth we have no excuses.

1)                 רָשַֽׁעְנוּ – We sinned even though we knew it was wicked.

2)                 שִׁחַֽתְנוּ – We continued in our evil ways even when we realized that we were destroying ourselves. 

3)                  תִּעַֽבְנוּ – We have acted abominably, i.e., we have sinned beyond our natural desires.

4)                 תָּעִֽינוּ – We have continued to sin even when the entire community was straying from the correct path (and we should have realized how undesirable this behavior is).

5)                 תִּעְתָּֽעְנוּ – We have scoffed at those who have attempted to rebuke us, and we can blame no one but ourselves for our bad behavior.

Scorning the Opportunities

Up until this point we have been confessing for transgressing negative commandments. In the next paragraph we confess to not having performed the positive mitzvot properly. 

סַֽרְנוּ מִמִּצְוֹתֶֽיךָ וּמִמִּשְׁפָּטֶֽיךָ הַטּוֹבִים וְלֺא שָֽׁוָה לָֽנוּ – “We have turned away from Your commandments and from Your good laws and have gained nothing from it.”

This means that we have turned away from keeping the positive mitzvot and didn’t even consider them as important as other mundane affairs (וְלֺא שָֽׁוָה לָֽנוּ can be translated as “we didn’t consider them worthwhile”).

The next line is a quote from Nechemiah 9:33:

וְאַתָּה צַדִּיק עַל כָּל הַבָּא עָלֵֽינוּ. כִּי אֱמֶת עָשִֽׂיתָ וַאֲנַֽחְנוּ הִרְשָֽׁעְנוּ – “And You are the Righteous One in all punishment that has come upon us; for You have acted truthfully and we have acted wickedly.”

One should say this line with great humility as the Midrash says^[10] that G-d says to the angels, “Come, I will show you the righteousness of My children. I load them up with many troubles and pains in every generation and at all times, yet they do not rebel against Me. Instead, they proclaim that they are wicked and I am righteous by saying ‘You have acted truthfully, and we have acted wickedly.’”

May we merit to do a Complete and Sincere Teshuvah!

[1] Deut. 26:12-15

[2] See Rambam, Laws of Ma’aser Sheni, Chapter 12.

[3] Responsa of Chavalim BeNe'imim (4:75) by Rabbi Yehdah Leib Graubart of Toronto. But see Seforno on verse 13.

[4] Penei Menachem (of Gur), 5755

[5] Siddur Otzar HaTefilot

[6] Brachot 7a and Sanhedrin 27b based on Exodus 34:7

[7] Gur Aryeh on Exodus 20:5. 

See also Guide for the Perplexed 1:54 that children can usually see (and be influenced by) up to four generations of their ancestors, which is why the punishment extends only to four generations.

[8] Sha’ar HaKavanot, end of Inyan Kavnat Chazarat Ha’amidah

[9] See Pesachim 49b that “one who studied and departed from the Torah is worse than all of them.”

[10] Pesikta Rabati 35



Wishing you a Shabbat Shalom UMevorach