Siman 619

On the night of Yom Kippur, it is the custom that before praying, we grant permission to all transgressors. This is so that we may pray with them in one assembly. As we say in Menachot (27a), regarding the acceptance of a fast and prayers, it is necessary that the good and the wicked be in one assembly, as it is said: "and has founded His assembly upon the earth." And in Keritot (6b) we say: Any fast that does not include the sinners of Israel is not a fast. For behold, galbanum has a foul odor, yet the verse counted it among the ingredients of the incense.

And how do they permit them? The greatest among the community joins with him two others, so that they shall be considered as agents of the entire community. And the greatest says: "In the academy on high and in the academy below, by the authority of the Omnipresent and by the authority of the congregation, we permit praying with the transgressors." That is to say: that the academies agree to join the authority of the Omnipresent with the authority of the congregation, to permit them. And there are places where the shaliach tzibbur says this, and he does not require the joining of two others, for he is the shaliach tzibbur.

And afterward the sheliach tzibbur stands and says "Kol Nidrei" with a melody three times. And we have already explained in Yoreh Deah at the end of siman 211 that this is of no avail for anything. It is not necessary to state regarding a neder or a shevuah that he swore to others, for he did not swear according to his own intent, but rather according to the intent of the one who administered the oath. And all the more so regarding oaths sworn to the king of the country, which they have no power to permit at all. Rather, even regarding oaths and nedarim that pertain only to himself, such as if he swore or vowed that he would not eat meat, or that he would fast, and the like—this is only effective when making a condition for the future: that any neder he may vow shall be void, and he must forget this at the time of the neder. And since it is now a fixed text—forgetfulness is not applicable to this, and it is only a prayer like all other prayers. And it hints that our prayer should be accepted, as is explained from the words of the Zohar printed in the machzorim before "Kol Nidrei." And the entire prayer is referred to by the name of the "Kol Nidrei" prayer.

According to the opinions of the early authorities, the intention is regarding vows that have passed, for perhaps they transgressed them, so that they should not be punished. For this reason we say immediately, "And it shall be forgiven for the entire congregation of the children of Israel," and as is proven from the language "that we have vowed and that we have sworn," which refers to the past. And they would have the version: "from the past Yom Kippur until this Yom Kippur." But it was difficult for our teacher, the Tam: what benefit is there in permitting that which they have already transgressed? Therefore, he explained that it refers to the future: if we shall vow—it shall be void. And he emended the version: "from this Yom Kippur until the coming Yom Kippur." According to this, one must say "that I shall vow and that I shall swear" in the future tense. And we, who say "that we have vowed and that we have sworn, from this Yom Kippur until the coming Yom Kippur"—it is a contradiction between the two. Therefore, there are those who say quietly: "from the past Yom Kippur until this Yom Kippur, and from this Yom Kippur until the coming Yom Kippur." And both refer to the past and to the future (see Magen Avraham and Taz and Levush).

And they say it three times, for so we find in several matters, such as in the harvesting of the omer: "Is this the sickle? Is this the sickle? Is this the sickle?" in Menachot (65b). And afterward they say "V'nislach" three times as well, for this reason. And also "And the Lord said, I have forgiven according to your word" three times. And the primary intention is for a good sign, that the Holy One, Blessed be He, shall forgive our iniquities. And afterward the sheliach tzibbur recites the blessing of "Shehecheyanu," as on every festival. And according to the law, everyone fulfills their obligation through the blessing of the sheliach tzibbur, when he intends to fulfill their obligation and they intend to be fulfilled, and they answer "Amen." And because there are those who do not intend to be fulfilled, and there are those who do not hear the blessing from the sheliach tzibbur—therefore it is customary that each person recites the blessing for himself in a whisper, and hastens to finish before the sheliach tzibbur, so that he may answer "Amen" to the blessing of the sheliach tzibbur. And even though on every festival they say "Shehecheyanu" over a cup of wine, on Yom Kippur it is impossible, for behold, it is forbidden to drink it. And to give it to a child—one should not habituate him in a matter that is fixed every year, for he may come to be drawn after it and habituate himself so always. And it is not similar to the cup of the blessing of brit milah, which occurs by chance and not as a fixed matter.

And it is the custom that everyone wraps themselves in tallitot while it is still day, and they recite the blessing over them "to wrap oneself in tzitzit," and they say "Kol Nidrei" before nightfall, because one does not release vows on Yom Tov. And all the more so if Yom Kippur falls on Shabbat, that one must begin much earlier, for they must afterwards say "A Psalm, a song for the Sabbath day," which must be said while it is still day. And they wait afterwards for Maariv until it grows dark. And it is the custom to take out two or three Sifrei Torah, which stand around the shaliach tzibbur during the saying of "Kol Nidrei." And there are those who say the verse "Light is sown for the righteous, and for the upright of heart, gladness," and there are great matters in this that cannot be explained. And the shaliach tzibbur raises his voice each time he says "Kol Nidrei," and the congregation says "Kol Nidrei" in a whisper along with the shaliach tzibbur. And the verse of "Venoslach" the shaliach tzibbur says first three times, and afterwards the congregation. And afterwards the shaliach tzibbur says "Pardon, I pray Thee, the iniquity of this people...", and when he reaches "And the Lord said: I have pardoned according to thy word" – the congregation cries it out three times. And afterwards the shaliach tzibbur repeats it three times, and recites the blessing "Shehecheyanu." And let no man change from the customs of the prayers and piyyutim and the melodies according to the custom, and he who changes – has the lower hand.

On the night of Yom Kippur, and on its morrow during Shacharit, we say "Baruch shem kevod malchuto le'olam va'ed" in a loud voice. For during the rest of the year we say it in a whisper, because it is a great and awesome praise that the angels say, and we are not worthy to say it in a loud voice. But now on Yom Kippur, when we are like angels – we are permitted to say it in a loud voice. And it is brought in the Midrash, Parashat Va'etchanan: When Moshe ascended to the firmament, he heard the ministering angels who were praising the Holy One, Blessed be He: "Baruch shem kevod malchuto le'olam va'ed." And he brought it down to Israel, etc. And to this our sages, of blessed memory, alluded in the Gemara in Pesachim (56a), see there.

And if Yom Kippur falls on Shabbat, one says "Vayechulu" and the blessing "Magen Avot" as on all Shabbats, and concludes "Who sanctifies the Shabbat." And he does not mention Yom Kippur, for this was not instituted because of Yom Kippur. And one does not say "Avinu Malkeinu" on Shabbat. But other piyyutim and confessions are said on Shabbat just as on a weekday, as well as the Thirteen Attributes, since it is a day of forgiveness and atonement. And only as a distinction that today is Shabbat, and they have already said "Avinu Malkeinu" throughout the Ten Days of Repentance, and they will also say it during Ne'ilah, therefore they do not say it during Ma'ariv and Shacharit on Shabbat.

There are those who remain standing on their feet all day and all night during the times of the prayers. Those of weak strength—it is not within their power to do so. Also, regarding that which they are accustomed to stand during the opening of the aron kodesh—this is also difficult for those of weak strength, and they may sit. One who stands the entire night literally—will not be able to pray during the day, and one should not do so. There are those who are accustomed to sleep in the beit knesset and to say songs and praises all night. It is good to sleep far from the aron, or that the aron stands above and he lies below it. One who does not wish to say songs and praises—shall not sleep there. There are those who are accustomed to say "Shir HaYichud" and "Anim Zemirot" after Maariv. The chazzanim who pray all day—shall not be awake all night, for they lose their voice when they do not sleep. Our teacher, the Beit Yosef, wrote in section 4: One must place one to the right of the shliach tzibbur, and one to his left; thus far his words. For even on a complete fast of the community they do so, as I wrote in siman 566. And as with Moshe, that "Aharon and Chur supported his hands, one from this side and one from this side." And all the more so on Yom Kippur. However, our custom is not so, but rather they stand only until "Barchu," and no more. And one may say the reason: that since there is no fast of the community in the diaspora, as I wrote there, therefore we have not practiced so even on Yom Kippur.