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Why is there no vidui on Rosh Hashanah when the Rambam (רמב"ם) says vidui is required for atonement? The shiur distinguishes between two types of judgment: fixing the past (requiring vidui) versus determining future standing. Rosh Hashanah judges "ba'asher hu sham"—where you stand now and your commitment going forward—not past sins. Like Yishmael saved despite his crimes, a present commitment to righteousness earns life, even when the past remains unresolved.
Rabbi Zweig addresses a fundamental difficulty with Rosh Hashanah: the Rambam (רמב"ם) states that vidui (confession) is essential for atonement, yet on Rosh Hashanah there is no formal vidui. Furthermore, the kriyat haTorah on Rosh Hashanah—the story of Yishmael's salvation—seems to have no connection to understanding the day. The shiur resolves these questions by presenting a revolutionary understanding of what Rosh Hashanah actually judges. The Gemara (גמרא) in Rosh Hashanah discusses how Yishmael was saved "ba'asher hu sham"—according to what he was at that moment. The Rishonim ask: this contradicts the law of ben sorer u'moreh, where a wayward son is executed "al shem sofo"—because of what he will become in the future. Furthermore, how could Yishmael be called a tzaddik when Rashi (רש"י) says he had already committed idolatry, adultery, and attempted murder? The Minchas Chinuch raises additional questions from the Gemara in Kiddushin about a man who betroths a woman on condition that he is a tzaddik, and from the laws requiring korbanos for unfulfilled positive commandments.
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Rosh Hashanah themes; Gemara Rosh Hashanah 16a-17a; Kiddushin
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