YOM KIPPUR:
ON THE RECITATION OF KOL NIDREY
(Taken from a weekly publication of Hammaayan Institutes.
Translated by Rabbi Shabtai Teicher)

The reason for the recitation of Kol Nidrey at the advent of Yom Kippur is that Yom Kippur does not nullify the obligations of an assumed vow. If one made a vow and forgot to abide by its terms, he has jeapordized the atonement he seeks on Yom Kippur. His only recourse is the advance repeal of future vows by which he may fail to abide; and thereby he may enter Yom Kippur without bearing the sin of violated vows.

In addition to the repeal of future vows, Kol Nidrey also retroactively repeals all the vows which one might have made during the course of the previous year, but which he had forgotten.

As for the Rabbis' great apprehension over the violation of vows, they were motivated by the fact that the Torah regards the sins of speech as more grave than those of action. In the words of the Rabbis: "One who speaks (evil) is worse than one who does (evil)." Man's excellence over other living creatures lies in the power of speech. "...And Man became a living soul," is translated by Onkelos: "And Man became a speaking spirit." But this excellence was given him only for proper use. One who misuses it, debases himself to a level beneath that of animals, for the animal does no harm by its power of mouth, whereas he does; he is therefore subject to harsher penalty, and the repeal of his vows is one means of rectifying the sins of speech.

The formula of permission to "pray with the transgressors," which is recited immediately preceding Kol Nidrey was prescribed at the time of the imposition of forced conversion upon Spanish Jewry. Cruel gentiles had subjected Spanish Jewry to harsh persecution, to force them to abjure Judaism and to accept the Christian faith. There were many Jews -- unable to withstand the tortures they suffered -- who publicly accepted Christianity, while secretly continuing to observe Judaism. All year these anusim (forced converts) refrained from gathering for religious worship, but the night of Yom Kippur they risked their lives, and assembled in multitudes in secret dungeons to accept upon themselves the sanctity of the day, and to plead for Divine Mercy over their seeming apostasy all year, for G-d never abhors the prayers of a multitude, even if they be transgressors.

It was with reference to those transgressors that the Rabbis prescribed the declaration: "We permit prayer with the transgressors."

The formula was retained down to our days. Now too, many of those who come to the synagogues the night of Yom Kippur violate the precepts of the Torah all year, and if it were not for this permission to join with them in prayer, their presence would -- G-d forbid -- blemish the prayers of the pious. Once however this permission is extended -- even their prayers ascend together with the prayers of all Israel. For they are all the seed of Avraham, Itzchak and Ya'akov, and they all desire to obey G-d's will -- were it not for the effects of the Exile, and the seduction of the evil inclination. Now however, that they enter the synagogues to pray, to accept upon themselves the mitzvot of the day, and to ask forgiveness for their sins of the entire year, they again become sanctified, pure and worthy of the acceptance of their prayers before Him who hears prayer.

This matter of including willful transgressors in the prayers of all Israel, is likened to the blending of the chelbanah with the other ingredients in the preparation of ketoret (incense) in the Sanctuary. The Sages have stated: "Any fast which does not include some of those who violate the Torah, is not a fast, just as chelbanah is listed in the Torah among the ketoret ingredients, though its odor is unpleasant" (Kritot 6).

We are taught therby that it shoud not appear unworthy in our eyes to include in our midst -- in the bands of our fasting and prayer -- the "transgressors of Israel," so that they might be counted among us" (Rashi, Shemot 30).

THE BOOK OF OUR HERITAGE, Rabbi Eliyahu Kitov, vol.1, pp.99-101 Translated by Nathan Bulman, `A' Publishers, 1968