The date of the composition of the declaration and its author are alike unknown, but it was in existence at the
Geonic period (589–1038 CE). There was a common theory that it commenced during and because of a period of extreme persecution, in which Jews were forced at sword's point to convert (either to Christianity or Islam) and that Kol Nidre would restore the person's Jewish identity by nullifying the conversion in the eyes of the Jewish community. The tendency to make vows to God was strong in ancient Israel; the
Torah found it necessary to caution against the promiscuous making of vows (). As one commentary puts it, "it is considered a fearsome sin for one to violate his vows and oaths and the Sages regard it as an extremely serious matter for one to approach the Days of Judgment [meaning the High Holy Days] with such violation in hand." 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. Therefore, halakha allowed for the 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 they had made to God during the period intervening between the previous Yom Kippur 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 the
Siddur of
Amram Gaon.
Adoption into the prayer services 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. This may have encouraged the
geonim (leaders of early medieval Babylonian Jewry) to minimize the power of dispensation.
Yehudai Gaon of
Sura (760 CE), author of the
Halakot Pesukot, forbade 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 widespread as early as his time (9th century) in Spain. But the geonic practice of not reciting the
Kol Nidre was long prevalent; it has never been adopted in the Catalan or in the Algerian ritual, nor in the French regions of Carpentras or Avignon. At one time it was widely believed that the
Kol Nidre was composed by Spanish "
Marranos", 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 (circa 15th century) by many centuries. However, this prayer was indeed used by the Marranos and it is possible that its great significance and wide usage derives from this persecution. As Kol Nidre clearly predated the Spanish Inquisition, it was supposed that it may have commenced during the
Visigothic period in Spain (7th century), but this theory has serious weaknesses, such as its adoption by Jewish communities around the world, even in liturgical communities that did not experience such persecution. It may be that it was simply inspired by the Talmudic instructions about avoiding oaths. A very different reason for Kol Nidre was suggested by the
Zohar; God has already threatened and vowed terrible punishments upon the Jewish people for their sins, but by our own demonstration that we can unbind ourselves from vows using Kol Nidre we hope to persuade God to similarly annul His own vows of calamity. As stated in the Orot Sephardic mahzor:
Adoption into Yom Kippur services Originally, the annulment of vows was performed on
Rosh Hashana, the New Year, ten days before Yom Kippur. The Talmud says, "Who wished to cancel his vows of a whole year should arise on Rosh Hashanah and announce, 'All vows that I will pledge in the coming year shall be annulled. There is, in fact, a ritual that is supposed to take place the day before Rosh Hashana (because one does not do such chores
on a holy day), known as
hatarat nedarim (annulment of vows), where the individual presents himself before a tribunal of three and recites a Hebrew formula, very different from that of Kol Nidrei, asking for annulment of all vows. So, from a time before the composition of Kol Nidrei there was a corresponding ritual intended for Rosh Hashana. It is believed that Kol Nidrei was added to the liturgy of Yom Kippur, ten days after Rosh Hashana, because that service is much more solemn, because Yom Kippur is entirely attuned to the theme of repentance and remorse, because (despite the great importance of Rosh Hashana) Yom Kippur services are better attended, and perhaps because Yom Kippur itself is once referred to as Rosh Hashana in Scripture (Ezekiel 40:1). Such reasons were enumerated by, among others,
Asher ben Jehiel (early 14th century). There may be an additional reason—perhaps the annulment of vows was moved to, or repeated at, the beginning of Yom Kippur in order to minimize the risk that new vows would be made in the ten-day interval between the repudiation of vows on Rosh Hashana and Yom Kippur, and, more than the rather dry legalistic Rosh Hashana declaration, Kol Nidre includes an emotional expression of penitence that sets the theme for Yom Kippur.
Permission for sinners , 1290 Together with the
Kol Nidre another custom developed: the recital before the
Kol Nidre of the formula mentioned beginning "Bi-yeshivah shel ma'alah" (
By authority of the Heavenly Court...), 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." This addition is traced to
Meir of Rothenburg (d. 1293), and was subsequently endorsed by the Rabbi of Mainz,
Jacob ben Moses Moelin, "the Maharil" (died 1427), and substantiated by the Talmudic teaching that "Any community fast in which sinners do not participate, is not considered a [valid] fast." From Germany this custom spread to southern France, Spain, Greece, and probably to northern France, and was in time generally adopted. It has been suggested that Kol Nidre originated with this invitation to
avaryanim (sinners) to join the congregation's prayers, as an effort to inspire their return or at least prevent losing them completely, rather than as a mechanism for coping with Christian or Muslim persecution. The last word (העבריינים), usually translated as
sinners or
transgressors, is used in the Talmud for
apostates or
renegades, and in the
Talmud Yerushalmi as a repetitious transgressor, indicating something worse than the usual reprobates, namely someone whose offenses are of such magnitude that he is no longer recognized by the Jewish community. Their inclusion in the Yom Kippur service is a temporary expedient, and does not operate as a remission of their sins or rejoin them to the congregation.
As it says The original text of Kol Nidrei concluded, "as it says (): 'May all the people of Israel be forgiven, including all the strangers who live in their midst, for all the people are in fault, but
Meir of Rothenburg ruled that the words 'as it says' should be removed, so the verse became an independent recitation. These words are still recited in the Italian rite.
Change of the Kol Nidre's tense from past to future An important alteration of the wording of the
Kol Nidre was made by
Rashi's son-in-law, Rabbi
Meir ben Samuel (early 12th century), 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 was not
a posteriori and concerning the unfulfilled obligations of the past year, but it was
a priori, making reference to vows which one might not be able to fulfill or vows which one might forget to observe during the ensuing year. Meir ben Samuel likewise added the words "we do repent of them all", since real repentance is a condition of dispensation. The reasons for this change were that an "
ex post facto" annulment of a vow was meaningless and, furthermore, that no one might grant to himself a dispensation, which might only be given by a board of three laymen or a competent judge. Additionally, the
Talmudic discussion of the annulment of vows speaks of the negation of vows which will be made in the future. Finally, there was the distinct probability that a person would die with unfulfilled vows having been made since the previous Day of Atonement, so annulling these vows in advance might diminish the weight such unkept vows imposed on him at his death. It was
Rabbeinu Tam, however, who accounted for the alteration which was made by his father, as already stated, and he also tried to change the
perfect tense of the verbs ("which we have vowed", "have sworn", etc.) to the imperfect. Whether the old text was already too deeply rooted, or whether Rabbeinu Tam did not correct these verbal forms consistently and grammatically, the old perfect forms are still retained at the beginning of the formula, but a future meaning is given to them. The alteration which was made by Meïr ben Samuel, who concurred with Isaac ibn Ghayyat's view, was accepted in the German, northern French, and Polish rituals as well as in those rituals which were dependent on them, but it was not accepted in the Spanish, Roman, and Provençal rituals. The old version is, therefore, usually called the "Sephardic". The old and new versions are sometimes found side by side. Because it is traditional to recite the Kol Nidrei three times, some Sephardic communities and even some Ashkenazic communities (especially in Israel) make a point of reciting both versions (usually referring to the previous Yom Kippur in the first two iterations and usually referring to the next Yom Kippur in the third), with some reciting both versions one after the other each of the three times.
Language In the
Siddur of
Amram Gaon (9th century; printed 1865, Warsaw, p. 47) and in the Roman Mahzor (ca. 1486; printed 1541 folio 232b, p. 63) and the Romaniote Machzor (Venice 1523) the Kol Nidrei is written in Hebrew, and therefore begins
Kol Nedarim. Both Hebrew versions refer to vows of the year just concluded, rather than vows made in the coming year. The two Hebrew versions are slightly different from each other. Amram's version was apparently written unpointed, but a pointed version of Amram's Hebrew version is given in Birnbaum. Amram's Hebrew version is the one used in Balkan (Romaniote) and Italian liturgy. Otherwise, Ashkenaz and Sefardic liturgy has adopted
Rabbeinu Tam's Aramaic text. The words "as it is written in the teachings of Moses, thy servant", which were said in the old form before the quotation of Numbers 15:26, were canceled by
Meir of Rothenburg. There has been some criticism from scholars fluent in Aramaic that the text of Kol Nidre has grammatical errors; however, any efforts to introduce corrections have been frustrated because the changes would not comport with the traditional, and much-beloved, melody.
Method of recitation As to the manner in which the hazzan (cantor) is to recite the
Kol Nidrei, the
Mahzor Vitry (early 12th century) 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." However, Rabbi Meier ben Yitzchak of Worms (11th century), author of
Akdamut, would sing it only twice, the Aleppo community would sing it seven times, and
Maharil (died 1427) would sing it repeatedly in various tunes to ensure that latecomers would hear it. The number of Torah-scrolls taken out for the
Kol Nidrei varied according to different customs. According to the custom of Frankfurt, no Torah Scrolls are removed; in other places one, two, three, seven, or even all that the synagogue possesses. The first Torah-scroll taken out is called the
Sefer Kol Nidrei. Although
Kol Nidrei is printed in every prayerbook for Yom Kippur, and it is commonly thought of as being the beginning of Yom Kippur, according to the opinion that it is annulling oaths from the previous year, it must be performed the commencement of Yom Kippur, since such juridical business cannot take place on a holy day.
Kol Nidrei 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. However, some communities (apparently Sephardic and in the minority) consider it proper to wait until nightfall, when Yom Kippur officially begins, before reciting Kol Nidre. The men of the congregation wear their prayer shawls, one of the few times in the year that these are worn in the evening. It would appear, in most congregations, that a sort of compromise has been adopted; Kol Nidre begins just before sundown, so by the time its last repetition is finished nightfall has commenced or is on the very cusp of commencing. ==Analysis==