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Kol Nidre: Law, Magic, and Controversy
What is the purpose of Kol Nidre?
Kol Nidre “on one foot”: Kol Nidre is a prayer said at the beginning of evening Yom Kippur services. It asks God to forgive us for promises we make in the coming year which we might not be able to keep.
הָאוֹמֵר, אֶחֱטָא וְאָשׁוּב, אֶחֱטָא וְאָשׁוּב, אֵין מַסְפִּיקִין בְּיָדוֹ לַעֲשׂוֹת תְּשׁוּבָה. אֶחֱטָא וְיוֹם הַכִּפּוּרִים מְכַפֵּר, אֵין יוֹם הַכִּפּוּרִים מְכַפֵּר. עֲבֵרוֹת שֶׁבֵּין אָדָם לַמָּקוֹם, יוֹם הַכִּפּוּרִים מְכַפֵּר. עֲבֵרוֹת שֶׁבֵּין אָדָם לַחֲבֵרוֹ, אֵין יוֹם הַכִּפּוּרִים מְכַפֵּר, עַד שֶׁיְּרַצֶּה אֶת חֲבֵרוֹ. אֶת זוֹ דָּרַשׁ רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה, מִכֹּל חַטֹּאתֵיכֶם לִפְנֵי יהוה תִּטְהָרוּ (ויקרא טז), עֲבֵרוֹת שֶׁבֵּין אָדָם לַמָּקוֹם, יוֹם הַכִּפּוּרִים מְכַפֵּר. עֲבֵרוֹת שֶׁבֵּין אָדָם לַחֲבֵרוֹ, אֵין יוֹם הַכִּפּוּרִים מְכַפֵּר, עַד שֶׁיְּרַצֶּה אֶת חֲבֵרוֹ. אָמַר רַבִּי עֲקִיבָא, אַשְׁרֵיכֶם יִשְׂרָאֵל, לִפְנֵי מִי אַתֶּם מִטַּהֲרִין, וּמִי מְטַהֵר אֶתְכֶם, אֲבִיכֶם שֶׁבַּשָּׁמַיִם, שֶׁנֶּאֱמַר (יחזקאל לו), וְזָרַקְתִּי עֲלֵיכֶם מַיִם טְהוֹרִים וּטְהַרְתֶּם. וְאוֹמֵר (ירמיה יז), מִקְוֵה יִשְׂרָאֵל יהוה, מַה מִּקְוֶה מְטַהֵר אֶת הַטְּמֵאִים, אַף הַקָּדוֹשׁ בָּרוּךְ הוּא מְטַהֵר אֶת יִשְׂרָאֵל:
One who says: I shall sin and repent, sin and repent, they do not afford him the opportunity to repent. [If one says]: I shall sin and Yom HaKippurim will atone for me, Yom HaKippurim does not effect atonement. For transgressions between man and God Yom HaKippurim effects atonement, but for transgressions between man and his fellow Yom HaKippurim does not effect atonement, until he has pacified his fellow. This was expounded by Rabbi Elazar b. Azariah: “From all your sins before the Lord you shall be clean” (Leviticus 16:30) for transgressions between man and God Yom HaKippurim effects atonement, but for transgressions between man and his fellow Yom HaKippurim does not effect atonement, until he has pacified his fellow.
The night of Kol Nidre has for centuries been dedicated to matters referred to as “beyn adam l’chaveroh” - interpersonal relationships. In multiple ways and at varied times, God has made it clear that being the best versions of ourselves in relationship with each other comes before any efforts at improving or enhancing our relationships with Heaven. So Kol Nidre night is a night of aspiration. Tonight we strengthen our bonds with our relatives, we contemplate how we engage with neighbors and we consider what might yet be possible for society as a whole. Kol Nidre is a night of aspirations...
Compassion allows relationships to transcend personal flaws. Is compassion what we seek from God? When we sing together, “HaShem, HaShem K-el rachum v’chanun”, we are calling out to a God of compassion. Who needs a God of compassion if not people who are willing to own their personal imperfections yet still seek spiritual renewal? Who deserves the compassion of God if not a person who practices compassion?
— Rabbi Yitzchok Adler
Kol Nidre (All Vows)
בִּישִׁיבָה שֶׁל מַֽעְלָה וּבִישִׁיבָה שֶׁל מַֽטָּה. עַל דַּֽעַת הַמָּקוֹם וְעַל דַּֽעַת הַקָּהָל. אָֽנוּ מַתִּירִין לְהִתְפַּלֵּל עִם הָעֲבַרְיָנִים:
In a convocation of the heavenly court, and a convocation of the lower court, with the consent of the Almighty, and consent of this congregation, we hereby grant permission to pray with transgressors.
The Chazzan and congregation repeat these texts three times each, to be heard by the Heavenly court, the Earthly court, and God:
כָּל נִדְרֵי וֶאֱסָרֵי וּשְׁבוּעֵי וַחֲרָמֵי וְקוֹנָמֵי וְכִנּוּיֵי. וְקִנוּסֵי דִּנְדַֽרְנָא. וּדְאִשְׁתַּבַּֽעְנָא. וּדְאַחֲרִימְנָא. וּדְאָסַֽרְנָא עַל נַפְשָׁתָֽנָא. מִיּוֹם כִּפּוּרִים זֶה עַד יוֹם כִּפּוּרִים הַבָּא עָלֵֽינוּ לְטוֹבָה. בְּכֻלְּהוֹן אִחֲרַֽטְנָא בְהוֹן. כֻּלְּהוֹן יְהוֹן שָׁרָן. שְׁבִיקִין, שְׁבִיתִין, בְּטֵלִין וּמְבֻטָּלִין, לָא שְׁרִירִין וְלָא קַיָּמִין: נִדְרָֽנָא לָא נִדְרֵי. וֶאֱסָרָֽנָא לָא אֱסָרֵי. וּשְׁבוּעָתָֽנָא לָא שְׁבוּעוֹת:
All vows, to ban, to bind, to sacrifice, to dedicate, to offer — And sacred oaths that we vow, swear, bind to us, and ban from ourselves,
From this day of atonement until the next Day of Atonement, may it be upon us for the better.
All of these, we regret, Let all of these be permitted, left behind, laid to rest, revoked, and nullified. Let them not be valid and let them not continue living.
Our vows shall no longer be vows, and our prohibitions no longer prohibitions, and our oaths no longer oaths.
Translation by Cantor Jordan Goldstein
וְנִסְלַח לְכָל עֲדַת בְּנֵי יִשְׂרָאֵל וְלַגֵּר הַגָּר בְּתוֹכָם כִּי לְכָל הָעָם בִּשְׁגָגָה:
Forgive the entire congregation of the Children of Yisrael and the stranger amongst them; for the entire people sin unintentionally.
סְלַח נָא לַעֲו‍ֹן הָעָם הַזֶּה כְּגֹֽדֶל חַסְדֶּֽךָ וְכַאֲשֶׁר נָשָֽׂאתָה לָעָם הַזֶּה מִמִּצְרַֽיִם וְעַד הֵֽנָּה: וְשָׁם נֶאֱמַר:
Please pardon the sins of this nation in accordance with the greatness of Your lovingkindness; and as You forgave this people from when it left Mitzrayim until now. And there it is said:
וַיֹּֽאמֶר יהוה סָלַֽחְתִּי כִּדְבָרֶֽךָ:
“And Adonai said I have pardoned [them] as you have asked”
The custom of reciting Kol Nidrei three times, gradually increasing in volume, is first recorded in Machzor Vitry (France, 12th century): “The first time the prayer leader must utter it very softly, like one who hesitates to enter the Sovereign’s palace to request a favor; the second time somewhat louder; and the third time more loudly still, as one who is accustomed to dwell in the palace and approach the Sovereign as a friend.”
Thus, with each repetition we express growing confidence in our relationship with the One who offers us the gift of renewal.
-- Mishkan Hanefesh: Machzor for the Days of Awe, Yom Kippur Edition, CCAR Press
Origins of the Practice
(כא) וְסָמַ֨ךְ אַהֲרֹ֜ן אֶת־שְׁתֵּ֣י יָדָ֗ו עַ֣ל רֹ֣אשׁ הַשָּׂעִיר֮ הַחַי֒ וְהִתְוַדָּ֣ה עָלָ֗יו אֶת־כׇּל־עֲוֺנֹת֙ בְּנֵ֣י יִשְׂרָאֵ֔ל וְאֶת־כׇּל־פִּשְׁעֵיהֶ֖ם לְכׇל־חַטֹּאתָ֑ם וְנָתַ֤ן אֹתָם֙ עַל־רֹ֣אשׁ הַשָּׂעִ֔יר וְשִׁלַּ֛ח בְּיַד־אִ֥ישׁ עִתִּ֖י הַמִּדְבָּֽרָה׃(כב) וְנָשָׂ֨א הַשָּׂעִ֥יר עָלָ֛יו אֶת־כׇּל־עֲוֺנֹתָ֖ם אֶל־אֶ֣רֶץ גְּזֵרָ֑ה וְשִׁלַּ֥ח אֶת־הַשָּׂעִ֖יר בַּמִּדְבָּֽר׃
(21) Aaron shall lay both his hands upon the head of the live goat and confess over it all the iniquities and transgressions of the Israelites, whatever their sins, putting them on the head of the goat; and it shall be sent off to the wilderness through a designated man.(22) Thus the goat shall carry on it all their iniquities to an inaccessible region; and the goat shall be set free in the wilderness.
Maimonides, Guide for Perplexed Part 3, 46:10 (1190)
The goat [of the Day of Atonement] that was sent [into the wilderness] (Lev. 16:20, seq.) served as an atonement for all serious transgressions more than any other sin-offering of the congregation. As it thus seemed to carry off all sins, it was not accepted as an ordinary sacrifice to be slaughtered, burnt, or even brought near the Sanctuary; it was removed as far as possible, and sent forth into a waste, uncultivated, uninhabited land. There is no doubt that sins cannot be carried like a burden, and taken off the shoulder of one being to be laid on that of another being. But these ceremonies are of a symbolic character, and serve to impress men with a certain idea, and to induce them to repent; as if to say, we have freed ourselves of our previous deeds, have cast them behind our backs, and removed them from us as far as possible.
The Irony of Kol Nidre, Harry Freedman
The other geonic objection to Kol Nidre was that it was superstitious. The concern was based on the form of the declaration; a string of ten words, all of which have a similar meaning to vows. The words are all in Aramaic, the language that was spoken in Babylon where the geonim lived. Archaeologists working in the area have found similar lists of words inscribed around the edges of bowls, known as incantation or magic bowls, that they discovered buried face down in the earth at the entrance to ancient dwellings.
Dozens of magic bowls have been found buried in the ancient Babylonian earth. Their surfaces are crammed with closely spaced, tiny words setting out spells and incantations. Some bowls seem to have been written to protect the inhabitants of the house they were buried in front of. Others were placed there by malefactors hoping to curse the dwelling’s residents. The similarities between the Kol Nidre formula and the wording on the magic bowl is intriguing. It has been suggested that rather than being a formula to annul vows, Kol Nidre was originally a formula intended to annul spells or curses. If so, the purpose of reciting it on Yom Kippur was to cancel spells cast by the person reciting the declaration, maybe in error or in anger, over the past year.
What's in a Bowl? Babylonian Magic Spells and the Origin of Kol Nidre, Rabbi Dalia Marx, PhD
Spells... have been unearthed in various locations in Mesopotamia, especially in the Babylonian city of Nippur (today’s Iraq). They were written in 300–700 CE on clay bowls, buried in and around domestic environments, sometimes in graveyards. The incantations are composed of recurring phrases, words, verses, and various types and styles of formulae, to call upon different names of God and angels, who were believed to have positive powers (though occasionally also malignant ones), and to protect against the demonic as well. The bowls were usually buried upside down under the floor in and around the house, to prevent the powers that they held from escaping as they worked their magic promoting prosperity, health, and protection, especially for the young. They represent the vivid popular culture that is only partially reflected in the contemporary Rabbinic sources.Scholars have shown interesting similarities between some texts of these magic bowls and Kol Nidre, both in vocabulary and style. For example:
"Overturned are all the vows [kol nidre] and curses and spells and sorceries and curses and sorcerers and evil knocks that may lodge in this man."
The pronounced parallel to Kol Nidre (“All vows, obligations, oaths,” etc.) and the shared vocabulary in general are remarkable because Kol Nidre is known to us only from much later sources, from the geonic literature of the ninth century. Not all the words typical of Kol Nidre are found in the bowls, but we do have interesting similarities that go beyond just the actual words kol nidre. In some bowls, we see long chains of annulment and banning phrases, just as in Kol Nidre: for example, “Bound, seized, attached, pressed down, trashed, exorcised are all [the evil powers].”2 Both the bowls and the prayer use certain key Aramaic nouns and verbs, such as “vow,” “swear,” “bound,” and “annulled,” and both utilize a com- mon style and syntax. We cannot help but conclude that formulae quite similar to our liturgy were in Jewish use centuries before the appearance of Kol Nidre in the liturgy, even if they were composed and used in a completely different context.
... To sum up [the differences], Kol Nidre has both personal and communal aspects, in that it negates individual oaths but only from its communal ritual setting. It corresponds to annual calendrical time and relies on no special technical knowledge. The magic bowls were dependent on individual whim; they were made by experts for private and domestic use in order to fulfill personal needs.
If the differences between the two practices are so great, however, what is the use of comparing the two? What can be learned from their relationship and possible common origin?
Taking vows was considered a serious act with cosmic ramifications, binding on both human and supernatural beings, who share a common world of cause and effect. Most importantly, the two practices exhibit profound features of human nature, especially when confronting the unknown. Both reveal elemental concerns rooted in human vulnerability, the sense of ultimate helplessness in a world that is beyond our control or comprehension. Both reflect anxieties in a reality that is beyond the human ken, and a craving for control in a world that is all too often out of control. Like prayer, both Kol Nidre and the magic bowls are ways of using speech formulaically to achieve certain ends. But neither one is actually a prayer. Both appeal to law more than to God, in that the bowls access the arcane laws that govern hidden forces of nature, while Kol Nidre has its place in the legal context of Rabbinic Judaism. The bowls obey magical laws that banish evil forces from one’s immediate universe; Kol Nidre prescribes a legal means to prevent one’s own ill doing through vows made in error or in haste.
Rabbis and Scholars Arguing Against Kol Nidre
(ג) אִישׁ֩ כִּֽי־יִדֹּ֨ר נֶ֜דֶר לַֽיהוה אֽוֹ־הִשָּׁ֤בַע שְׁבֻעָה֙ לֶאְסֹ֤ר אִסָּר֙ עַל־נַפְשׁ֔וֹ לֹ֥א יַחֵ֖ל דְּבָר֑וֹ כְּכׇל־הַיֹּצֵ֥א מִפִּ֖יו יַעֲשֶֽׂה׃
(3) If a person makes a vow to the Lord or takes an oath imposing an obligation on himself, he shall not break his pledge; he must carry out all that has crossed his lips.
(ח) הֶתֵּר נְדָרִים פּוֹרְחִין בָּאֲוִיר, וְאֵין לָהֶם עַל מַה שֶּׁיִּסְמֹכוּ.
The halakhot of the dissolution of vows, when one requests from a Sage to dissolve them, fly in the air and have nothing to support them, as these halakhot are not mentioned explicitly in the Torah.
חַסּוֹרֵי מִיחַסְּרָא וְהָכִי קָתָנֵי הָרוֹצֶה שֶׁיֹּאכַל אֶצְלוֹ חֲבֵירוֹ וּמְסָרֵב בּוֹ וּמַדִּירוֹ נִדְרֵי זֵירוּזִין הוּא וְהָרוֹצֶה שֶׁלֹּא יִתְקַיְּימוּ נְדָרָיו כׇּל הַשָּׁנָה יַעֲמוֹד בְּרֹאשׁ הַשָּׁנָה וְיֹאמַר כׇּל נֶדֶר שֶׁאֲנִי עָתִיד לִידּוֹר יְהֵא בָּטֵל וּבִלְבַד שֶׁיְּהֵא זָכוּר בִּשְׁעַת הַנֶּדֶר
The Gemara answers: The mishna is incomplete and is teaching like this: In the case of one who wants another to eat with him, and he urges him to do so and makes a vow with regard to him, this vow is included in the category of vows of exhortation, which do not require dissolution. And in addition, one who desires that his vows not be upheld for the entire year should stand up on Rosh HaShana and say: Any vow that I take in the future should be void. And this is statement is effective, provided that he remembers at the time of the vow that his intent at the beginning of the year was to render it void.
Context: This is from the Babylonian Talmud, Masechet (Tractate) Nedarim, which is about vows. It comments on a mishnah that says that if one wants to make a fake vow, so as to convince somebody to do something, you just have to say "Any vow which I take in the future is void." Note that this certainly does not apply to court situations. There’s a Talmudic principle that “Dina d’Malchuta Dina” - the law of the land is the law.
ר' יחיאל מפאריס, מבעלי התוספות 1270. ויכוח לפני לודוויג התשיעי בין ר' יחיאל ובין המשומד ניקולאי דונין. המומר אמר:"כי אומרים לכל מי שנדר או נשבע שיכול חבירו להתיר לו נדרו, ובכל שנה ושנה אומרים ביום הכיפורים להפר את הנדרים והשבועות שהשביעום הגויים. ואין מקיימין נדר ושבועה לכל גוי……השיב ר'יחיאל: רק אותן שאינן אלא לעצמו ואין לאחרים חלק בהם. אבל הנדרים שבין הנדרים שבין אדם לחברו אין אדם יכול להפר". (ספר וויכוח רבינו יחיאל מפאריס עם משומד אחד - טהראן 1873, עמודים 6-7).
Public debate between Rabbi Yechiel the tosafist and an apostate before Ludwig the 9th. Apostate ridicules the Jews and calls them untrustworthy due to kol nidre as promises can be absolved. Rabbi Yechiel clarifies that its only about vows to oneself.
Kol Bo 68:12-13 (13th-14th century, author unknown)
There is a minhag (custom) carried out in certain places of reciting Kol Nidre. We see that the rabbis have said that there is no basis for this practice, and it is indeed a mistake. It is best for the leaders of those places to cancel it. Otherwise, people will come to think that their vows will be annulled by it and they will not take their vows or promises seriously. And thus, Rav Amram and other geonim (9th century sages) said not to recite it at all. Saadiah Gaon (10th century) said Kol Nidre can only be recited for vows made mistakenly or under duress by a community, but the individual who makes vows throughout the year cannot annul them this way.
לבוש אורח חיים סימן תריט סעיף א
וא"כ רוב נוסח של כל נדרי אשר נדפס במחזורים אין בו ממש, ואין לו שום פירוש אלא הניגון בלבד, ואינם יודעים ואינם מבינים מה אומרים, ואם איישיר חילי אתקננה, וכמה פעמים רציתי לתקנו וללמדו לחזנים כהוגן,ולא היו יכולים לשנות בעת תפלתם מפני הרגל הניגון שבפיהם, על כן אומר אני הרוצה לדקדק יאמרנו לבדו בחשאי וכאשר תקנתיה, ולא יסמוך על הש"ץ לומר אחריו מלה במלה, כי ודאי נוסח של טעות הוא מה שאומרים ואינו תנאי לא לש"ץ ולא לקהל רק צפצוף דברים בעלמא כמו העופות שמצפצפין ואין בהם דיבור, נ"ל.
R. Mordecha Yaffe 16th c. Poland
Summary: The Kol Nidrei text that we have is absolutely meaningless, and its only value is musical. There is another, better way of annulling vows. Those who sing it in the synagogue are doing nothing, and it is like the tweeting of birds who can't say anything.
אברהם גייגר (1810-1874), החליף "כל נדרי" עם "כל פשעי ופשעי הקהל הזה ופשעי כל עמך מחם והעבירם מנגד עיניך וטהר לבנו מיום כפורים זה עד יום כפורים הבא... (סדר תפילה "דבר יום ביומו" ברסלאו 1891).
Abraham Geiger (1810-1874), founder of Reform Judaism, replaced Kol Nidrei with a prayer he wrote.
Dr. Annette Boeckler, "The Magic of the Moment: Kol Nidre in Progressive Judaism," In All These Vows (2011)
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For many Jews, Kol Nidre provides the sound of atonement that is the core experience of Yom Kippur and that could not otherwise be put adequately into words. Nevertheless, progressive Judaism, which began in nineteenth-century Germany, started overwhelmingly without Kol Nidre. As we shall see, the tune remained, but without the familiar words, which were reintroduced only with the American prayer book Gates of Repentance in 1978.
Classical Reform of the nineteenth and early twentieth century sought to justify Judaism to modern Jews and to the society in which they lived. It was deemed important to say only those prayers that could be recited honestly, without offending the enlightened, rational, scientific mind. The entire notion of annulling vows was anathema to modern ethical consciousness. In addition, the Ashkenazi version of Kol Nidre requests freedom from vows that might potentially be made in the year to come, not those already made in the year just ending - a ntion that makes little sense logically. It had come into being as a halalkhic response to the Talmudic objection against a wholesale annulment of vows in the past, but Reform Jews questioned the domination of halakha. So morally, logically, and theologically, the text of Kol Nidre seemed objectionable to Reform Jews, who sought, therefore, to eliminate it...
Classical Reform Judaism, however, did not succeed in this effort to abolish Kol Nidre. Faced with its obvious popularity, the rabbis sought means of including some form of it, while obviating the difficulties caused by the difficult text with which they had no sympathy.