SEPTEMBER 21 • 2023 | 31

forbidden to do it.” 
The Mishnah defines a 
process for annulling vows, 
at which a panel of sages 
evaluates the circumstances 
of the vow. It does not 
have a formula for a simple 
renunciation of all past vows. 
There does exist a Talmudic 
precedent for announcing 
that one does not intend to 
make vows for the next year 
(Nedarim 23b). Perhaps 
that serves as the source for 
reciting Kol Nidre in the 
future tense. 
Some have the custom of 
making this announcement 
the morning before Rosh 
Hashanah. The emotional 
power of Kol Nidre apparent-
ly doesn’t depend on its tech-
nical effectiveness in legal 
terms. 
Over the centuries, 
Kol Nidre has inspired 
controversy, based on the 

claim it might give Jews the 
idea we could neglect our 
promises. The Kol Nidre text 
(which refers to promises and 
oaths we have undertaken 
“on ourselves”) makes clear 
the formula does not apply 
to promises that we make to 
other people or obligations 
accepted in court, but only to 
our private religious promises 
(Rabbi Yehiel of Paris pointed 
this out at a disputation in 

Paris in 1240). 
Most congregations precede 
Kol Nidre with a solemn 
pronouncement in the form of 
a legal decision: “In Heavenly 
Court, and in the earthly 
court, with the consent of the 
Omnipresent, and with the 
consent of the congregation, 
we permit prayer along with 
transgressors.” 
Perhaps in the early 
Middle Ages, Jewish leaders 

had enough autonomy 
to banish transgressors, 
to force them out of the 
organized community. Maybe 
now we welcome those 
banished individuals, the 
“transgressors,” back in to 
join us for the Yom Kippur 
prayers. 
Perhaps the “transgressors” 
means those who turned 
their backs on the Jewish 
community or informed 
against the Jewish community. 
On Yom Kippur, all of us need 
to join in prayers even with 
them. We also have fallen 
short of our ideals. 
Like Kol Nidre, the decision 
to permit us to pray with the 
transgressors begins Yom 
Kippur with the realization 
that we all have failed, and we 
all need forgiveness, and we 
all need 
to bend our efforts to do 
better. 

248-353-1000

Drew Ruby
Bobby Raitt

