Kol Nidre

Kol Nidre is a Jewish prayer recited in the synagogue at the beginning of the evening service on Yom Kippur, the Day of Atonement. It is written in Aramaic, not Hebrew. Its name is taken from the opening words, meaning "All vows".

"Kol Nidre" has had an eventful history, both in itself and in its influence on the legal status of the Jews. Introduced into the liturgy despite the opposition of rabbinic authorities, attacked in the course of time by some rabbis, and in the nineteenth century expunged from the prayer-book by many communities of western Europe, this prayer has often been employed out of context by anti-Semites to support their claims that Jews cannot be trusted.

Form of Prayer

Before sunset on the eve of the Day of Atonement, when the congregation has gathered in the synagogue, the Ark is opened and two people take from it two Torah scrolls. Then they take their places, one on each side of the cantor, and the three recite in concert the following:

"In the tribunal of Heaven and the tribunal of earth, by the permission of God — praised be He — and by the permission of this holy congregation, we hold it lawful to pray with transgressors."

Thereupon the cantor chants the prayer beginning with the words Kol Nidre with its touching melody, and, gradually increasing in volume from pianissimo (quiet) to fortissimo (loud), repeats three times the following words:

"All personal vows we arelikely to make, all personal oaths and pledges we are likely to take between this Yom Kippur and the next Yom Kippur, we publicly renounce. Let them all be relinquished and abandoned, null and void, neither firm nor established. Let our personal vows, pledges and oaths be considered neither vows nor pledges nor oaths". (Translation by Philip Birnbaum, from High Holyday Prayer Book, Hebrew Publishing Company, NY, 1951)

The leader and the congregation then say together three times "May all the people of Israel be forgiven, including all the strangers who live in their midst, for all the people are in fault." The Torah scrolls are then replaced, and the customary evening service begins.

Philip Birnbaum, in his classic traditional edition of the Mahzor[?] (High holy day prayer book) comments on this passage: "It refers to vows assumed by an individual for himself alone, where no other persons or interests are involved. Though the context makes it perfectly obvious that no vows or obligations towards others are implied, there have been many who were misled into believeing that by means of this formula all their vows and oaths are annulled. In the eleventh century Rabbi Meir ben Samuel (Rashi's son-in-law) changed the original wording oof Kol Nidre so as to make it apply to the future instead of the past; that is, to vows that one might not be able to fufill during the next year."

Origin

The tendency to make vows to God was strong in ancient Israel; the Torah found it necessary to protest against the excessive estimate of the religious value of such obligations. "When you make any vow to the Lord your God, you must pay it without delay...If you refrain from making a vow, that is no sin for you; but you must be careful to perform any promise you have made with your lips." (Deut. 23:22)

Rash vows to God that for whatever reason were not fulfilled created painful religious and ethical difficulties for those who had made them; this led to an earnest desire for dispensation from them. This need gave rise to the rite of absolution from a vow ('hattarat nedarim') which might be performed only by a scholar, or an expert on the one hand, or by a board of three Jewish laymen on the other.

This rite declared that the petitioners, who were seeking reconciliation with God, solemnly retracted their vows and oaths which they had made to God during the period intervening between the previous Day of Atonement and the present one; this rite made them null and void from the beginning, entreating in their stead pardon and forgiveness from God. This is in accordance with the older text of the formula as it is preserved in theSiddur of Amram Gaon.

Adoption into the Ritual

The readiness with which vows were made and the facility with which they were annulled by the scribes gave the Karaites an opportunity to attack rabbinic Jews, and forced the Geonim (leaders of early medieval Babylonian Jewry) to minimize the power of dispensation. Rabbi Yehudai Gaon of Sura (760 CE), author of the "Halakot Pesukot," forbid the study of the Nedarim, the Talmudic treatise on oaths. Thus the "Kol Nidre" was discredited in both of the Babylonian academies and was not accepted by them.

Amram Gaon in his edition of the Siddur calls the custom of reciting the "Kol Nidre" a foolish one ("minhag shetut"). According to others however, it was customary to recite the formula in various lands of the Jewish dispersion, and it is clear likewise from Amram's Siddur that the usage was wide-spread as early as his time in Spain. But the geonic practice of not reciting the "Kol Nidre" was long prevalent; it has never been adopted in the Catalonian or in the Algerian ritual.

Together with the "Kol Nidre" another custom was developed, which is traced to Meïr of Rothenburg (d. 1293). This is the recital before the "Kol Nidre" of the formula mentioned beginning "Bi-yeshivah shel ma'alah," which has been translated above, and which gives permission to transgressors of the Law or to those under a ban "to pray with the congregation", or, according to another version, to the congregation "to pray with the transgressors of the Law." From Germany this custom spread to southern France, Spain, Greece, and probably to northern France, and was in time generally adopted.

At one time it was believed that the "Kol Nidre" was composed by Spanish "Maranos", Jews who were forced to convert to Christianity, yet who secretly maintained their original faith. This idea has been shown to be incorrect, as the prayer pre-dates this era by many centuries. However, this prayer was indeed used by the Marranos.

==== Change of tense from past to future ===

An important alteration in the wording of the "Kol Nidre" was made by Rashi's son-in-law, Rabbi Meïr ben Samuel, who changed the original phrase "from the last Day of Atonement until this one" to "from this Day of Atonement until the next." Thus the dispensation of the "Kol Nidre" was not as formerly a posteriori and concerned with unfulfilled obligations of the past year, but a priori and having reference to vows which one might not be able to fulfil or might forget to observe during the ensuing year. Meïr ben Samuel likewise added the words "we do repent of them all", since real repentance is a condition of dispensation. The reasons assigned for this change were that an "ex post facto" annulment of a vow was meaningless, and that, furthermore, no one might grant to himself a dispensation, which might be given only by a board of three laymen or by a competent judge.

It appears to have been Rabbenu Tam, however, who accounted for the alteration made by his father as already stated, and who also tried to change the perfects of the text, "which we have vowed," "have sworn," etc., to imperfects. Whether the old text was already too deeply rooted, or whether Rabbenu Tam did not correct these verbal forms consistently and grammatically, the old perfects are still retained at the beginning of the formula, although a future meaning is given to them.

The alteration made by Meïr ben Samuel, which agreed with Isaac ibn Ghayyat's view was accepted in the German, northern French, and Polish rituals and in those dependent on them, but not in the Spanish, Roman, and Provençal rituals. The old version is, therefore, usually called the "Sephardic." The old and the new versions are sometimes found side by side.

Language

In the "Siddur" of Amram and in the Roman Mahzor the Kol Nidre is written in Hebrew, and therefore begins "Kol Nedarim". The determination of the time in both versions is Hebrew. The words "as it is written in the teachings of Moses, thy servant," which were said in the old form before Num. xv. 26, were canceled by Meïr of Rothenburg.

Method of Recitation

As to the manner in which the hazzan is to recite the "Kol Nidre," the Mahzor Vitry gives the following directions: "The first time he must utter it very softly like one who hesitates to enter the palace of the king to ask a gift of him whom he fears to approach; the second time he may speak somewhat louder; and the third time more loudly still, as one who is accustomed to dwell at court and to approach his sovereign as a friend."

The number of Torah-scrolls taken out for the "Kol Nidre" varied according to different customs. In some places it was one; in others, two, three, seven, or even all. The first Torah-scroll taken out is called the "Sefer Kol Nidre." The "Kol Nidre" should be recited before sunset, since dispensation from a vow may not be granted on the Sabbath or on a feast-day, unless the vow refers to one of these days.

Use by Anti-Semites[?]

The "Kol Nidre" has been one of the means used by Jewish apostates and by enemies of the Jews to cast suspicion on the trustworthiness of an oath taken by a Jew. This charge was leveled so much that many non-Jewish legislators considered it necessary to have a special form of oath administered to Jews ("Jew's oath"), and many judges refused to allow them to take a supplementary oath, basing their objections chiefly on this prayer. As early as 1240 Jehiel of Paris was obliged to defend the "Kol Nidre" against these charges. It can not be denied that, according to the usual wording of the formula, an unscrupulous man might think that it offers a means of escape from the obligations and promises which he had assumed and made in regard to others.

Refers Only to Individual Vows

Rabbis have never failed to point out that the dispensation from vows in the "Kol Nidre" refers only to those which an individual voluntarily assumes for himself alone and in which no other persons or their interests are involved. The formula is restricted to those vows which are between man and God alone; they have no effect on vows made between one man and another. No vow, promise, or oath, however, which concerns another person, a court of justice, or a community is implied in the "Kol Nidre." According to Jewish doctrrine, the sole purpose of this prayer is to give protection from divine punishment in case of violation of the vow.

Five geonim (rabbinic leaders of medieval Babylonian Jewry) were against while only one was in favor of reciting the prayer, and furthermore that even so early an authority as Saadia wished to restrict it to those vows which were extorted from the congregation in the synagogue in times of persecution ("Kol Bo,"; and he declared explicitly that the "Kol Nidre" gave no absolution from oaths which an individual had taken during the year. Judah ben Barzillai, a Spanish author of the twelfth century, in his halakic work "Sefer ha-'Ittim," declares that the custom of reciting the "Kol Nidre" was unjustifiable and misleading, since many ignorant persons believe that all their vows and oaths are annulled through this formula, and consequently they take such obligations on themselves carelessly.

Jewish Opposition

For the same reason Jeroham ben Meshullam, who lived in Provence about the middle of the fourteenth century, inveighed against those fools who, trusting to the "Kol Nidre," made vows recklessly, and he declared them incapable of giving testimony ("Toledot Adam we-Ḥawwah," ed. 1808, section 14, part iii., p. 88; see Zunz, "G. V." p. 390). The Karaite Judah Hadassi, who wrote the "Eshkol ha-Kofer" at Constantinople in 1148 (see Nos. 139,140 of that work), likewise protested against the "Kol Nidre." Among other opponents of it in the Middle Ages were Yom-Ṭob ben Abraham Isbili (d. 1350) in his "Ḥiddushim"; Isaac ben Sheshet, rabbi in Saragossa (d. 1406), Responsa, No. 394 (where is also a reference to the preceding); the author of the "Kol Bo" (15th cent.); and Leon of Modena (d. 1648 [see N. S. Libowitz, "Leon Modena," p. 33, New York, 1901]). In addition, nearly all printed maḥzorim contain expositions and explanations of the "Kol Nidre" in the restricted sense mentioned above.

In the Nineteenth Century.

Yielding to the numerous accusations and complaints brought against the "Kol Nidre" in the course of centuries, the rabbinical conference held at Brunswick in 1844 decided unanimously that the formula was not essential, and that the members of the convention should exert their influence toward securing its speedy abolition ("Protocolle der Ersten Rabbiner Versammlung," p. 41, Brunswick, 1844). At other times and places during the nineteenth century emphasis was frequently laid upon the fact that "in the 'Kol Nidre' only those vows and obligations are implied which are voluntarily assumed, and which are, so to speak, taken before God, thus being exclusively religious in content; but that those obligations are in no wise included which refer to other persons or to non-religious relations" ("Allg. Zeit. des Jud." 1885, p. 396). The decision of the conference was accepted by many congregations of western Europe and in all the American Reform congregations, which while retaining the melody substituted for the formula a German hymn or a Hebrew psalm, or changed the old text to the words, "May all the vows arise to thee which the sons of Israel vow unto thee, O Lord, . . . that they will return to thee with all their heart, and from this Day of Atonement until the next," etc. Naturally there were many Orthodox opponents of this innovation, among whom M. Lehmann, editor of the "Israelit," was especially prominent (see ib. 1863, Nos. 25, 38). The principal factor which preserved the great religious authority of the "Kol Nidre" well into the nineteenth century, and which continually raises up new defenders for it, is doubtless its plaintive and appealing melody, which made a deep impression even on Lenau (see his remarks in "Der Israelit," 1864, No. 40, pp. 538 et seq.) and which was the favorite melody of Moltke, who had the violinist Joachim play it for him.

Bibliography: Joseph Aub, Die Eingangsfeier des Versöhnungstages, Mayence, 1863; Z. Frankel, Die Eidesleistung der Juden, pp. 84 et seq.; W. Heidenheim, Sefer Ḳerobot, Hanover, 1837, Introduction; Lampronti, Paḥad Yiẓḥaḳ, iv. 82b; H. L. Strack, in Herzog-Hauck, Real-Encyc. x. 653 et seq.J. M. Sc.

—The Melody:

Even more famous than the formula itself is the melody traditionally attached to its rendition. This is deservedly so much prized that even where Reform has abolished the recital of the Chaldaic text, the air is often preserved, either in association with some other passage—e.g., Ps. ciii. or cxxx., or a series of versicles, or a vernacular hymn such as "O Tag des Herrn, Du Nahst!" or "Gott der Liebe und der Barmherzigkeit"—or as an organ prelude to attune the mind of the congregation to the solemnity of the evening. And yet there are probably no two synagogues in which the melody is chanted note for note absolutely the same. So marked is the variation in the details of the melody that a critical examination of the variants shows an approach toward agreement in the essentials of the first strain only, with transformations of the greatest diversity in the remaining strains. These divergences, however, are not radical, and they are no more than are inherent in a composition not due to a single originator, but built up and elaborated by many in turn, and handed on by them in distinct lines of tradition, along all of which the rhapsodical method of the Ḥazzanut has been followed (see Music, Synagogal).KOL NIDRE (1)OPENING PHRASES (see image)

Original Elements.

On a critical investigation on comparative lines, the structure of "Kol Nidre" is seen to be built upon a very simple groundwork, the melody being essentially an intermingling of simple cantillation with rich figuration. The very opening of "Kol Nidre" is what the masters of the Catholic plain-song term a "pneuma," or soul breath. Instead of announcing the opening words in a monotone or in any of the familiar declamatory phrases, some ancient ḥazzan of South Germany prefixed a long, sighing tone, falling to a lower note and rising again, as if only sighs and sobs could find utterance before the officiant could bring himself to inaugurate the dread Day of Atonement.

Reminiscences of Catholic Plain-Song.

Breslaur draws attention to the similarity of these strains with the first five bars of the sixth movement of Beethoven's C sharp minor quartet, op. 131, "adagio quasi un poco andante." An older coincidence shows the original element around which the whole of "Kol Nidre" has been built up. The pneuma given in the Sarum and Ratisbon antiphonaries (or Catholic ritual music-books) as a typical passage in the first Gregorian mode (or the notes in the natural scale running from "d" to "d" ["re" to "re"]), almost exactly outlines the figure which prevails throughout the Hebrew air, in all its variants, and reproduces one favorite strain with still closer agreement. The original pattern of these phrases seems to be the strain of melody so frequently repeated in the modern versions of "Kol Nidre" at the introduction of each clause. Such a pattern phrase, indeed, is, in the less elaborated Italian tradition (Consolo, Nos. 3 and 6 in the following transcription), repeated in its simple form five times consecutively in the first sentence of the text, and a little more elaborately four times in succession from the words "nidrana lo nidre." The northern traditions prefer at such points first to utilize its complement in the second ecclesiastical mode of the Church, which extends below as well as above the fundamental "re." The strain, in either form, must obviously date from the early medieval period, anterior to the eleventh century, when the practice and theory of the singing-school at St. Gall, by which such typical passages were evolved, influenced all music in those French and German lands where the melody of "Kol Nidre" took shape.

Thus, then, a typical phrase in the most familiar Gregorian mode, such as was daily in the ears of the Rhenish Jews, in secular as well as in ecclesiastical music, was centuries ago deemed suitable for the recitation of the Absolution of Vows, and to it was afterward prefixed an introductory intonation dependent on the taste and capacity of the officiant. Many times repeated, the figure of this central phrase was sometimes sung on a higher degree of the scale, sometimes on a lower. Then these became associated; and so gradually the middle section of the melody developed into the modern forms.

The prayer and its melody has been the basis of a number of pieces of classical music, including a setting of the prayer by Arnold Schoenberg, and a piece for solo cello and orchestra by Max Bruch.

See also: Yom Kippur, Jewish services, Siddur