The Nature of Kol Nidrei
Kol Nidrei is one of the most famous Tefillos. It is recited in all Kehillos throughout the world. But this was not always the case. In the era of the Geonim, there was a great debate on whether Kol Nidrei should be recited at all.
Rav Natrunai Gaon[1] writes that although he has heard that some places say Kol Nidrei, it was not the practise of our fathers. He states that the custom in the two great Yeshivos of Bavel was not to say Hatoras Nedarim either on Rosh Hashana or Yom Kippur. This was also the position of Rav Hai Gaon[2] who writes to another community that they should also follow the custom of the Yeshivos. In contrast, according to Rav Saadiah Gaon, Kol Nidrei is recited.
The Rivash[3] writes that one should not recite Kol Nidrei at all and that this was the custom in Catalonia in his day. The Rambam does not mention the recitation of Kol Nidrei.
The Shibolei Haleket records how most of the Geonim opposed the recitation of Kol Nidrei, because it is not effective at all (on past vows) and only creates Halachic questions as will be discussed below. If one recites anything, they should recite the formula “that any vows that I made since last Yom Kippur and violated them… I ask mercy from the Master of Heaven that He permit us. The intention is not as nullifying a vow, but rather to ask Hashem’s forgiveness as though there was no vow[4].
The established practise, as found in most of the Rishonim and the Shulchan Aruch, is that Kol Nidrei is recited.
But the controversy did not end there. Even after it became accepted, the Rishonim debated the what the exact meaning and purpose of Kol Nidrei is. This debate has significant implications for the text of Kol Nidrei and the manner in which it is said.
The Rosh[5] understands Kol Nidrei as the retroactive annulling of vows. We do this before Yom Kippur because if we have made any vows in the previous year and did not keep them, annulling them will absolve us from liability and punishment[6]. Accordingly, the Nusach is “any vows… that we have vowed… from last Yom Kippur to this Yom Kippur.”
Rabbeinu Tam[7] challenges this understanding of Kol Nidrei. He raises four questions.
Based on these questions, Rabbeinu Tam concludes that Kol Nidrei cannot be considered annulment of vows. Rather it is a stipulation or condition concerning vows that one may make in the future, that they should not take effect.
This practise is supported by a Mishna in Nedarim[8] which teaches that if a person does not want to be bound by vows that he makes during the year, on Rosh Hashana he should declare “all vows that I will make in the future this year will be nullified.”
This declaration will only be affective if he does not remember it at the time he subsequently makes a vow. If he remembers the stipulation and nonetheless makes a vow, it evidences that one is not relying on the stipulation and intends the vow to take effect.
Even though the Gemara says Rosh Hashana, whereas we say Kol Nidrei on Yom Kippur, Yom Kippur is also called Rosh Hashana in the Book of Yechezkel[9]. We do it on Yom Kippur when many people will be in Shule to say it.
This understanding of Kol Nidrei must be apparent in its wording. Instead of saying “from last Yom Kippur to this Yom Kippur”, the text should read “from this Yom Kippur to the next upcoming Yom Kippur”.
The Rosh’s Defense
In defense of his opinion that Kol Nidrei is a form of retroactive Hatoras Nedarim, the Rosh addresses the questions of Rabbeinu Tam.
He explains that one does not need to verbalise regret because it is certain that one who violated their oath regrets having made the vow in order to be spared punishment.
Concerning the need for a Beis Din of three (and not just the Chazzan), he writes that the custom is for the entire congregation to read Kol Nidrei quietly as well. Their recital is also affective to annul the vows of the Chazzan who cannot annul his own vows[10].
Concerning the requirement to specify one’s vow, the Rosh writes that this is only necessary when seeking an actual annulment of the vow from a sage, since there are some vows that cannot be annulled. Kol Nidrei is only said for the purpose of absolvement for punishment if one had violated their vow.
Why three times?
According to the view that Kol Nidrei is a retroactive annulment of vows, it is understood why it is recited three times, as this is the standard practise for Hatoras Nedarim.
But according to Rabbeinu Tam, why is Kol Nidrei recited three times? The Rosh himself explains that according to Rabbeinu Tam Kol Nidrei is recited three times for emphasis, as we find in the words of the Chachamim[11]. Alternatively,[12] it is recited three times in case someone came late and missed the first or first two recitations. The Semag writes that it is recited three times to publicise the declaration.
Venislach
The Bach brings support for the view that Kol Nidrei is retroactive from the fact that after Kol Nidrei we say ונסלח לכל עדת בנ"י, where we say how Hashem forgives those who have transgressed i.e. transgressed their vows and need forgiveness and atonement.
However, even according to Rabbeinu Tam, one could argue that the intention is that a person forgets their stipulation, and makes an oath and violates it in the future, they would still need forgiveness - even though the stipulation means that no sin would have been committed. This is like the ruling[13] that if one intended to eat what they thought was non-kosher meat and it was in fact kosher, they still need forgiveness.
Three people
Some bring support for the view of the Rosh from the custom of having two people stand next to the Shliach Tzibbur during Kol Nidrei to be like a Beis Din. According to Rabbeinu Tam this would not be necessary[14]. The three people are there for when “the Beis Din below” permits sinners to Daven with us which is said before Kol Nidrei[15].
The Alter Rebbe[16] also explains that even according to Rabbeinu Tam we have two people standing with the Chazan, because Kol Nidrei resembles Hatoras Nedarim and we don’t want people to mistakenly think that annulment of vows does not require three.
Before sunset
According to the view that Kol Nidrei is annulment of vows, it must be recited before sunset. This is because one is not allowed to annul vows on Shabbos or Yomtov[17]. Nonetheless, even according to Rabbeinu Tam, since the stipulation on the future resembles annulment of vows it should be done before sunset, so that people not think one could annul vows on Shabbos[18].
Other questions
The Bach[19] questions why according to Rabbeinu Tam we say that we regret the vows. Regret is only required for annulment of past vows that one cannot or has not kept. However, according to Rabbeinu Tam that Kol Nidrei is a stipulation for the future, why do we mention regret?
Tosfos writes that according to Rabbeinu Tam, instead of saying אחרטנא – I regret, one should say בכולהון דאיחרטנא, meaning that any vow that I make and will regret in the future, should be null.
The Levush writes that according to Rabbeinu Tam, the text of Kol Nidrei should be said entirely in singular form, since each person must make the stipulation for themselves. Further, each person must recite it themselves and not rely on the Chazzan.
The Bach argues that it makes no difference to recite it in plural form. The only change necessary for Rabbeinu Tam is from past tense to future tense. Further, each person comprises different levels within their soul; Nefesh, Ruach and Neshama, making the plural form acceptable. Further, if everyone in the community consents, the Chazzan can say the stipulation on future vows on their behalf, again making the plural form acceptable.
Following this view, the Rishonim and Acharonim add the words “from this Yom Kippur until the following Yom Kippur”. Grammatically, the tense of the other words should be changed to make them future tense as well. The Magen Avraham[20]
writes that one should not change the tense of the words, as they can mean both past and future.
The Shulchan Aruch[21] simply writes that we recite Kol Nidrei. From the rulings of the Acharonim, it is clear that they follow the opinion of Rabbeinu Tam[22]. The Alter Rebbe[23] writes that each person should say Kol Nidrei quietly along with the Chazzan.
[1] Shu”t 185
[2] Shu”t Geonim Shaarei Teshuvah 143
[3] Siman 394
[4] The difficulty according to this opinion is why one mentions regret of the vow. However, the mention of regret could be regret for having sinned – regret being a component of Teshuvah.
[5] Yoma Chapter 8 Siman 26
[6] The Rosh does not consider this annulment that would now allow one to break their vow goin forward. It is merely to avoid punishment if one had violated their vow.
[7] Rosh Yoma ibid, Tosfos NEdarim 23b
[8] 23b
[9] 40:1
[10] The Kol Bo writes that if the Chazzan knows of any vows that he has made, he should annul them prior to Kol Nidrei, as he cannot annul his own vows.
[11] Menachos 65a
[12] Mordechai Siman 726 in the name of Raavan
[13] Kiddushin
[14] Darkei Moshe
[15] Shulchan Aruch Harav 619:1
[16] 619:4
[17] Maharil laws of Yom Kippur 5
[18] Bach. Shulchan Aruch Harav 619:4
[19] OC 619
[20] 619:2
[21] 619:2
[22] Magen Avraham 619:5
[23] 619:3
Rav Natrunai Gaon[1] writes that although he has heard that some places say Kol Nidrei, it was not the practise of our fathers. He states that the custom in the two great Yeshivos of Bavel was not to say Hatoras Nedarim either on Rosh Hashana or Yom Kippur. This was also the position of Rav Hai Gaon[2] who writes to another community that they should also follow the custom of the Yeshivos. In contrast, according to Rav Saadiah Gaon, Kol Nidrei is recited.
The Rivash[3] writes that one should not recite Kol Nidrei at all and that this was the custom in Catalonia in his day. The Rambam does not mention the recitation of Kol Nidrei.
The Shibolei Haleket records how most of the Geonim opposed the recitation of Kol Nidrei, because it is not effective at all (on past vows) and only creates Halachic questions as will be discussed below. If one recites anything, they should recite the formula “that any vows that I made since last Yom Kippur and violated them… I ask mercy from the Master of Heaven that He permit us. The intention is not as nullifying a vow, but rather to ask Hashem’s forgiveness as though there was no vow[4].
The established practise, as found in most of the Rishonim and the Shulchan Aruch, is that Kol Nidrei is recited.
But the controversy did not end there. Even after it became accepted, the Rishonim debated the what the exact meaning and purpose of Kol Nidrei is. This debate has significant implications for the text of Kol Nidrei and the manner in which it is said.
The Rosh[5] understands Kol Nidrei as the retroactive annulling of vows. We do this before Yom Kippur because if we have made any vows in the previous year and did not keep them, annulling them will absolve us from liability and punishment[6]. Accordingly, the Nusach is “any vows… that we have vowed… from last Yom Kippur to this Yom Kippur.”
Rabbeinu Tam[7] challenges this understanding of Kol Nidrei. He raises four questions.
- Annulling vows requires a Beis Din of three, or one expert. The Chazzan alone is insufficient.
- One cannot annul vows without expressing their regret
- When annulling vows, one must specify the vow that they wish to annul and cannot suffice with a generic text.
- Since one cannot annul their own vows, who annuls the vows of the Chazzan who is reciting Kol Nidrei?
Based on these questions, Rabbeinu Tam concludes that Kol Nidrei cannot be considered annulment of vows. Rather it is a stipulation or condition concerning vows that one may make in the future, that they should not take effect.
This practise is supported by a Mishna in Nedarim[8] which teaches that if a person does not want to be bound by vows that he makes during the year, on Rosh Hashana he should declare “all vows that I will make in the future this year will be nullified.”
This declaration will only be affective if he does not remember it at the time he subsequently makes a vow. If he remembers the stipulation and nonetheless makes a vow, it evidences that one is not relying on the stipulation and intends the vow to take effect.
Even though the Gemara says Rosh Hashana, whereas we say Kol Nidrei on Yom Kippur, Yom Kippur is also called Rosh Hashana in the Book of Yechezkel[9]. We do it on Yom Kippur when many people will be in Shule to say it.
This understanding of Kol Nidrei must be apparent in its wording. Instead of saying “from last Yom Kippur to this Yom Kippur”, the text should read “from this Yom Kippur to the next upcoming Yom Kippur”.
The Rosh’s Defense
In defense of his opinion that Kol Nidrei is a form of retroactive Hatoras Nedarim, the Rosh addresses the questions of Rabbeinu Tam.
He explains that one does not need to verbalise regret because it is certain that one who violated their oath regrets having made the vow in order to be spared punishment.
Concerning the need for a Beis Din of three (and not just the Chazzan), he writes that the custom is for the entire congregation to read Kol Nidrei quietly as well. Their recital is also affective to annul the vows of the Chazzan who cannot annul his own vows[10].
Concerning the requirement to specify one’s vow, the Rosh writes that this is only necessary when seeking an actual annulment of the vow from a sage, since there are some vows that cannot be annulled. Kol Nidrei is only said for the purpose of absolvement for punishment if one had violated their vow.
Why three times?
According to the view that Kol Nidrei is a retroactive annulment of vows, it is understood why it is recited three times, as this is the standard practise for Hatoras Nedarim.
But according to Rabbeinu Tam, why is Kol Nidrei recited three times? The Rosh himself explains that according to Rabbeinu Tam Kol Nidrei is recited three times for emphasis, as we find in the words of the Chachamim[11]. Alternatively,[12] it is recited three times in case someone came late and missed the first or first two recitations. The Semag writes that it is recited three times to publicise the declaration.
Venislach
The Bach brings support for the view that Kol Nidrei is retroactive from the fact that after Kol Nidrei we say ונסלח לכל עדת בנ"י, where we say how Hashem forgives those who have transgressed i.e. transgressed their vows and need forgiveness and atonement.
However, even according to Rabbeinu Tam, one could argue that the intention is that a person forgets their stipulation, and makes an oath and violates it in the future, they would still need forgiveness - even though the stipulation means that no sin would have been committed. This is like the ruling[13] that if one intended to eat what they thought was non-kosher meat and it was in fact kosher, they still need forgiveness.
Three people
Some bring support for the view of the Rosh from the custom of having two people stand next to the Shliach Tzibbur during Kol Nidrei to be like a Beis Din. According to Rabbeinu Tam this would not be necessary[14]. The three people are there for when “the Beis Din below” permits sinners to Daven with us which is said before Kol Nidrei[15].
The Alter Rebbe[16] also explains that even according to Rabbeinu Tam we have two people standing with the Chazan, because Kol Nidrei resembles Hatoras Nedarim and we don’t want people to mistakenly think that annulment of vows does not require three.
Before sunset
According to the view that Kol Nidrei is annulment of vows, it must be recited before sunset. This is because one is not allowed to annul vows on Shabbos or Yomtov[17]. Nonetheless, even according to Rabbeinu Tam, since the stipulation on the future resembles annulment of vows it should be done before sunset, so that people not think one could annul vows on Shabbos[18].
Other questions
The Bach[19] questions why according to Rabbeinu Tam we say that we regret the vows. Regret is only required for annulment of past vows that one cannot or has not kept. However, according to Rabbeinu Tam that Kol Nidrei is a stipulation for the future, why do we mention regret?
Tosfos writes that according to Rabbeinu Tam, instead of saying אחרטנא – I regret, one should say בכולהון דאיחרטנא, meaning that any vow that I make and will regret in the future, should be null.
The Levush writes that according to Rabbeinu Tam, the text of Kol Nidrei should be said entirely in singular form, since each person must make the stipulation for themselves. Further, each person must recite it themselves and not rely on the Chazzan.
The Bach argues that it makes no difference to recite it in plural form. The only change necessary for Rabbeinu Tam is from past tense to future tense. Further, each person comprises different levels within their soul; Nefesh, Ruach and Neshama, making the plural form acceptable. Further, if everyone in the community consents, the Chazzan can say the stipulation on future vows on their behalf, again making the plural form acceptable.
Following this view, the Rishonim and Acharonim add the words “from this Yom Kippur until the following Yom Kippur”. Grammatically, the tense of the other words should be changed to make them future tense as well. The Magen Avraham[20]
writes that one should not change the tense of the words, as they can mean both past and future.
The Shulchan Aruch[21] simply writes that we recite Kol Nidrei. From the rulings of the Acharonim, it is clear that they follow the opinion of Rabbeinu Tam[22]. The Alter Rebbe[23] writes that each person should say Kol Nidrei quietly along with the Chazzan.
[1] Shu”t 185
[2] Shu”t Geonim Shaarei Teshuvah 143
[3] Siman 394
[4] The difficulty according to this opinion is why one mentions regret of the vow. However, the mention of regret could be regret for having sinned – regret being a component of Teshuvah.
[5] Yoma Chapter 8 Siman 26
[6] The Rosh does not consider this annulment that would now allow one to break their vow goin forward. It is merely to avoid punishment if one had violated their vow.
[7] Rosh Yoma ibid, Tosfos NEdarim 23b
[8] 23b
[9] 40:1
[10] The Kol Bo writes that if the Chazzan knows of any vows that he has made, he should annul them prior to Kol Nidrei, as he cannot annul his own vows.
[11] Menachos 65a
[12] Mordechai Siman 726 in the name of Raavan
[13] Kiddushin
[14] Darkei Moshe
[15] Shulchan Aruch Harav 619:1
[16] 619:4
[17] Maharil laws of Yom Kippur 5
[18] Bach. Shulchan Aruch Harav 619:4
[19] OC 619
[20] 619:2
[21] 619:2
[22] Magen Avraham 619:5
[23] 619:3