144 —מחלוקת הלכתית: דין בראש השנה או במשך כל השנה

B"H, Wednesday, 20 Adar 5704.

Brooklyn.

To the honorable Haraha"g and Haraha"ch, distinguished and elevated vavac"h iy"a chovav marbitz Torah etc., the Tamim Mahara"sh sheyichyeh

Shalom u'Vrachah!

In response to your letter, after apologizing for the delay due to being busy, and even now time does not permit me to answer except briefly and in order according to your letter:

a) You commented on what I wrote regarding whether the halachah follows Rabbi Yosi or the Sages in their dispute about whether a person is judged every day. In Chassidus (Likkutei Torah end of Parshas Korach, Kuntres U'Mayon 17), it is explained that "one master says one thing... and they do not disagree." My letter was written in response to a question based on the commentary Mikraei Kodesh on the sugya in Rosh Hashanah where Rabbi Yosi and the Sages disagree. There it is simply written that the halachah follows the Sages, and I wondered about this because according to his explanation it is not so simple—on the contrary.

b) You bring proof that according to Rav Chisda (Rosh Hashanah 16a), who derives Rabbi Yosi's reasoning from "to do justice for His servant and justice for His people Israel each day," it must be that "His servant" refers to every person, which would be proof that a person is judged every day. Since he immediately says, "And Rav Chisda said: The king and congregation—the king enters first as it says 'justice for His servant' and then 'His people Israel'," which explains "His servant" as referring to the king—so as not to contradict himself he must hold that his first statement was according to Rabbi Yosi's view but he himself does not agree. In my opinion all this is problematic for several reasons: (a) It is not at all typical style of the Gemara to first seek a reason for Rabbi Yosi even though he does not agree with him and say his reasoning is from here, then immediately state something that would force an opposite interpretation of the verse without noting this at all; (b) If you say "His servant" refers to every person, what does "and justice for His people Israel" add? And you cannot answer that it comes to add also judgment of the congregation because then this request would be redundant—if individual judgment happens every day, certainly communal judgment does too since it's more significant; (c) If you say "His servant" refers to every person, then individual judgment would precede communal judgment—which would be opposite logic from Rav Chisda's other statement; (d) The phrase "to do justice for His servant" comes from King Solomon's prayer and its simple meaning is that "His servant" refers to the king. So what proof or necessity is there from this phrase that every person is judged daily against the view of the Sages? On the contrary—we are taking it out of its plain meaning or at least saying it means both king and everyone else when that's not written explicitly. Therefore, it must be that Rabbi Yosi's proof that a person is judged daily comes from "and justice for His people Israel each day," in one of two ways: (a) Rav Chisda does not distinguish between individual and communal judgment regarding daily judgment; (b) From the extra word "Israel." The first seems correct.

c) You bring proof from Rabbi Kruspadai who said in Rabbi Yochanan's name: Three books are opened on Rosh Hashanah... This is brought by Rambam as halachah—so apparently we rule like the Sages who say judgment happens on Rosh Hashanah. But from Rambam's ruling there is no proof because perhaps he holds like Sefer Asarah Maamarot and Likkutei Torah that there really isn't a dispute here. And even from Rabbi Kruspadai's statement there is no proof—even if you hold there is a dispute between Rabbi Yosi and the Sages—because you could explain like Tosafot who say "and they are sealed" refers to life in Olam HaBa (the World to Come), where even Rabbi Yosi agrees since his reasoning comes from 'justice for His people Israel each day.' The fact we pray for those who are sick or suffering refers only to life in this world.

d) You write that since Rabbi Meir (Rosh Hashanah 18a) holds like Rabbi Yitzchak that prayer helps even after a decree has been issued—it follows that Rabbi Yitzchak also agrees with Rabbi Meir that a person is judged on Rosh Hashanah so as not to multiply disputes unnecessarily. I do not understand this—avoiding disputes applies within one topic itself; but just because Rabbi Meir and Rabbi Yitzchak agree about tearing up decrees through prayer does not mean their opinions are identical regarding judgment on Rosh Hashanah. If anything, it's more reasonable they disagree here; otherwise, Rabbi Yitzchak would just be Rabbi Meir.

e) You brought proof that we rule like the Sages from what our Rabbis said (Rosh Hashanah 18a): When does an individual have these ten days? During Aseres Yemei Teshuvah. But this only proves it's easier to do teshuvah during these days than any other time of year—as it says: Seek Hashem when He may be found—and therefore decrees can be torn up then; but there's no proof here about whether a person isn't judged daily. Similarly with regard to Yom Kippur—even though it's explicit in Scripture "for on this day...", still there's no contradiction here with Rabbi Yosi's opinion.

f) Regarding what I wrote—that all those Amoraim who hold an individual's decree cannot be torn up must hold like Rabbi Yosi that a person is judged daily since we pray for those who are sick or suffering—this indeed appears explicitly in Gemara (Rosh Hashanah 16a). As I wrote previously—and Tosafot there explains according to the Sages why we pray for healing and sustenance (and for those who are sick—according to Bach's version). What you wrote challenging this Gemara—I did not understand.

With blessings: Immediately for teshuvah, immediately for redemption

Summary

The Rebbe carefully analyzes Talmudic sources about when personal judgment occurs—on Rosh Hashanah or throughout the year—and demonstrates how nuanced textual study clarifies complex halachic debates.