Is It, or Isn't It?

Look in the Sefer HaChinuch under Parshat Nitzavim. No mitzvot are listed. Check the Rambam's Book of mitzvot. No mitzvot in Nitzavim. Other mitzva-counters, on the other hand, do list a mitzva for Nitzavim, quite an important and special mitzva, the mitzva of T'SHUVA, to repent. The Torah says, "And you shall return toHaShem, your G-d, and you shall listen to His Voice...". Sounds like a mitzva to me? Why don't the Rambam and the Chinuch consider T'shuva to be a mitzva?

The answer is, they do consider T'shuva a mitzva, a command of G-d. They cannot deny the significance of the mitzva. Rambam has a section in his Mishna Torah that deals with the mitzva - Hilchot T'shuva. The laws of repenance. T'shuva is a mitzva, but they don't count it among the 613 mitzvot. Why not? Does its not beingamong the 613 mean that T'shuva is a less serious, less real, less meaningful mitzva? Absolutely not. Probably the opposite. We are dealing with a "super-mitzva".

Those who count T'shuva among the 613, have the text to back them up, and a certain logic as well. But the Rambam's and the Chinuch's point of view can give us special insights into the concept of T'shuva in particular and mitzvot in general.

We can suggest the following. One need not be commanded to breathe - the ability to do so, and the need, combine to our breathing without even being told to. There are somethings in this world for which we need not invitation. No command. Just a little guidance.

This is T'shuva. According to strict justice, if a person violates one of G-d's laws, he should be punished immediately. You do something wrong, you pay for it. Period. But G-d runs this world with a heavy dose of Mercy. Midat HaRachamim, as embodied by the 4-letter Name of G-d - YUD,KAY,VAV,KAY. A major definition of thewolrd being ruled by Midat HaRachamim is the time and ability to do T'shuva. We have clear indication that a person who sins, (usually) has the time and ability to do something about it. It is also clear that G-d wants the sinner to do T'shuva. It is as if He (so to speak) derives no pleasure from punishing us, but much prefers our sincere repentance. Well, if G-d wants us to do T'shuva, and He gives us the means and opportunity (and motive), then we'd have to be very thick indeednot to take the opportunity.

Maybe the way to look at it is that G-d (so to speak) prefers our figuring all this out, rather than being commanded to repent. It sort of is more spontaneous and genuine this way.

In this respect, there is a parallel to davening, which some mitzva-counters say is not a Torah requirement, but rabbinically legislated based on the inspiration of the Torah and the individuals we learn about in Tanach.

Remember that none of the above negates the point of view that Prayer IS a Torah law. Or that T'shuva is one of the Taryag mitzvot. It's just another way of looking at the same thing.

Here is another way of looking at the question. T'shuva is not really its own mitzva - it is an aspect of every mitzva.

The Torah commands us to bench after a meal. If we don't, then we have violated (non-fulfilled) a mitzva. It then becomes required of us to regret not having benched. To accept upon ourselves a renewed commitment to bench after meals. Etc. in other words, we must do T;shuva. And this can be viewed as part of the mitzvato bench. Bench. If you don't - then do... and repent. Don't steal. You did? You must make restitution, beg the forgiveness of the one from whom you stole, and then do T;shuva for the violation of one of G-d's mitzvot. looking at T'shuva as a component of all mitzvot gives it a very special role in Jewish life, but itinvalidates if from being counted among the 613.

It is the 613 mitzvot. Let's put it this way: First we are commanded to do something or are banned from doing something that we shouldn't do. If we obey, fine. If not, then we are commanded to repent our ways.

One way or the other (or any other ways of looking at T'shuva), we are dealing with a very powerful concept. Rambam says that nothing can stand in the path of true t'shuva.

Let us all take proper advantage of this most wonderful gift from G-d and use it in good health.