Kol Nidrei After Nightfall

Ask the Rov: May we recite Kol Nidrei after nightfall?

By Rabbi Chaim Hillel Raskin – Rov of Anash in Petach Tikvah

Notwithstanding Kol Nidrei’s current universal popularity, it was actually a subject of debate by the geonim and rishonim whether it should be said and in what format.

Rav Saadia Gaon first reported a custom to say a text that references any vows “from last year’s Yom Kippur to this year’s” to annul any mistaken or coerced personal or communal vows of the past year. However, Rav Hai Gaon argued that it should not be said since he didn’t receive such a tradition from his teachers. Moreover, it can lead people to think that all their nedarim and charamos become annulled, even those that were intentional.¹

Rabbeinu Tam writes that Kol Nidrei cannot annul past vows since it doesn’t follow the procedure of annulling vows; it is merely proclaiming any future mistaken vows to be null — provided one doesn’t remember this proclamation when making the neder.² As the Alter Rebbe explains, since people aren’t careful with vows, we make a condition that they shouldn’t take effect from the onset.³

In Shulchan Aruch, the Mechaber rules to recite Kol Nidrei but doesn’t go into details, but the Rama comments that we follow Rabbeinu Tam’s approach that it’s a proclamation for the future.⁴ However, the Arizal’s custom was to recite a nusach that includes both the past and the future.⁵

Halacha states that we don’t annul vows on Shabbos or yom tov unless it’s needed for that day.⁶ For this reason, the Tur writes that one should say Kol Nidrei before yom tov sets in. The Alter Rebbe notes that even if the nusach only mentions future vows and technically isn’t a ‘hataras nedorim,’ there is still a concern due to its similarity and the erroneous impression it may cause.⁷

Yet, some counter that it’s considered for the sake of Yom Kippur and may therefore be said at night. Some also add that the vows were already annulled by last year’s declaration about future vows, and there isn’t any actual annulment of past vows taking place.⁸

In practice, Minhag Chabad is not to be particular about saying it by day, seemingly based on the above reasons.⁹

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From The Weekly Farbrengen by Merkaz Anash