Kol Nidre - Counterpoint

Counterpoint

Rabbis have always pointed out that the dispensation from vows in Kol Nidrei refers only to those an individual voluntarily assumes for himself alone and no other persons or their interests are involved in. The first verse ends with a qualifier for all the forms of pledges and vows being annulled—עַל נַפְשָׁתָֽנָ&#1488—"regarding ourselves"—by which this formula is limited to annulling only those vows that would affect only ourselves but not vows that would affect any other person. The formula is restricted to those vows between man and God alone; they have no effect on vows made between one man and another. No vow, promise, or oath that concerns another person, a court of justice, or a community is implied in Kol Nidrei. It does not matter if a vow was made to one or more non-Jews, such a vow cannot be annulled. According to Jewish doctrine, the sole purpose of this prayer is to give protection from divine punishment in case of violation of the vow.

With reference to the annulment of vows described in Numbers chapter 30, as well as to Kol Nidre, the then Chief Rabbi of the British Empire, Joseph H. Hertz wrote:

... Not all vows or oaths could be absolved. A vow or oath that was made to another person, even be that person a child or a heathen, could not be annulled except in the presence of that person and with his consent; while an oath which a man had taken in a court of justice could not be absolved by any other authority in the world.

Five geonim (rabbinic leaders of medieval Babylonian Jewry) were against while only one was in favor of reciting the prayer. Even so early an authority as Saadia Gaon wished to restrict it to those vows 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 an individual took during the year.

Judah ben Barzillai, a Spanish author of the twelfth century, in his work on Jewish law "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.

As pointed out above, many rabbis state that the vows referred to are applicable only to the individual, and not interpersonally. It refers only to vows between the person making them and God, such as "If I pass this test, I'll pray every day for the next 6 months!"

Because this prayer has often been held up by anti-Semites as proof that Jews are untrustworthy, the Reform movement removed it from the liturgy for a while. In fact, the reverse is true: Jews make this prayer because they take vows so seriously that they consider themselves bound even if they make the vows under duress or in times of stress when not thinking straight. This prayer gave comfort to those who were forcibly converted to Christianity, yet felt unable to break their vow to follow Christianity. In recognition of that history, the Reform movement restored this prayer to its liturgy.

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