The Mishna on our daf TB Nedarim introduces the idea of a disclaimer. The Gemara explains how the Mishna’s disclaimer “Any vow that I take in the future should be void” (Sefaria.org translation) can be effective. “One who desires that his vows not be upheld for the entire year should stand up on Rosh HaShana and say: Any vow that I take in the future should be void. And this statement is effective, provided that he remembers at the time of the vow that his intent at the beginning of the year was to render it void. ” (Sefaria.org translation) All the commentators agree that the text is not talking about the actual day of Rosh Hashanah. Any day in the year a person who makes this disclaimer when taking a vow is perfectly fine. Rosh Hashanah is just used as an example because it is a specific and well defined day in the calendar.
Many commentators believe
that the idea of reciting Kol Nidre[1]
on Yom Kippur to absolve our vows an oaths is derived from our Gemara. Yom
Kippur is a perfect day for Kol Nidre
because all Jews are found in the synagogue (at least in the past). Since Yom
Kippur is a time of forgiveness and pardon it is appropriate to repair the
things that need repairing e.g. absolving unkempt vows. Tosafot points out that the prophet Ezekiel calls Yom Kippur Rosh
Hashanah. “In the twenty-fifth year of our exile, the fourteenth year
after the city had fallen, at the beginning of the year (the Hebrew reads: Rosh
Hashanah), the tenth day of the month (which is Yom Kippur –gg)—on that very
day—the hand of the LORD came upon me, and He brought me there.” (Ezekiel 40:1)
The recitation of Kol Nidre was not universally accepted.
The Goanim rejected outright the idea
of disclaiming all future vows and they did not recited Kol Nidre on Yom Kippur at all. Consequently, Rav Hai Gaon said
that the person should ask for forgiveness for any vow he did not keep whether
unwittingly or wittingly instead of these disclaiming these vows.
There are sages who
formulate the disclaimer “All vows…upon from last Yom Kippur to this Yom Kippur”
(i.e. in the past tense) for all the obvious moral reasons. Based on our Gemara
Rabbenu Tam following his father’s approach wrote in his version of Kol Nidre the following disclaimer: “All
vows…upon ourselves from this Yom Kippur until the following one.” Rabbi
Lawrence Hoffman writes: “(Kol Nidre)
The formula designating vows and oaths of the year beginning. The original texts
of Kol Nidre stipulate vows and oaths
for the year just past. Reference to the future instead of the past drives from
halakhic mandate traced to Rashi’s son-in-law (Meir ben Samuel) and his
grandson (Rabbenu Tam), a response to the fact that halakhah allows annulment
of past vows and oaths under certain circumstances, none of which are satisfied
by Kol Nidre. By stipulating vows an
oath’s not yet made, Kol Nidre no
longer violates this express halakhic prohibition. (All These Vows: Kol Nidre, page 95)
All this discussion about
whether one should recite Kol Nidre or
not and what version should be used is fascinating especially how our sugiyah ends. Rav Huna thinks the
concept of this disclaimer is so great, he wants to teach this halakha to the masses. Rava rebukes him
with this retort. “Rava said to him: The tanna
of the mishna conceals it and does not say it explicitly, despite the
fact that it is studied by Torah scholars, in order that the public not
treat vows lightly, and you teach it publicly at the Festival lecture?”
(Sefaria.org translation)
Good thing according to Rava
that almost nobody today understands the words of the Kol Nidre disclaimer but appreciates the soulful melody which sets
the tone of the Yom Kippur.
[1] Here's
the text of Kol Nidre. All vows,5The prototypical vow is
as follows: “This item shall be forbidden to me just as a sacrifice” (See
Ritva, Ran Nedarim 2a). and
things we have made forbidden on ourselves, and oaths,6An oath is
a declaration made by someone to do, or not to do something. The difference
between a vow and an oath is that a vow makes an object forbidden whereas an
oath makes some action forbidden (or obligatory) on the part of the person who
makes the oath. and items we have consecrated to the Temple,7During
the times Holy Temple, people could dedicate anything to the Temple. It
henceforth became forbidden to anyone, and allowed to be used only for the
Temple. and vows issued with the expression “konum,”8The
prototypical expression above (in note 5) ends with “as a sacrifice” which in
Hebrew is “as a korban.” In place of the word “korban” the word “konam” was
frequently used. There is a dispute in Maseches Nedarim as to the origin of the
word. and vows which are abbreviated,9This means that the
entire prototypical expression as given in note 5 is not used. and vows issued
with the expression “kanos,”10See note 7 above. In this case the
word “korban” is replaced with “kanos.” that we have vowed, and sworn, and
dedicated,11This refers to things dedicated to the Holy Temple.
and made forbidden upon ourselves; from this Yom Kippur until next Yom Kippur—
may it come to us at a good time— We regret having made them; may they all be
permitted,12Only vows or oaths made by an individual concerning
himself can be nullified, but not those made by others even though they effect
him. He also cannot nullify oaths that he took at the behest of a Beth Din or
by a second party.—Tur 619 forgiven, eradicated and nullified, and may they
not be valid or exist any longer. Our vows shall no longer be vows, and our
prohibitions shall no longer be prohibited, and our oaths are no longer oaths.
(Sefaria.org translation and notes)
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