Halakhah su Salmi 78:76

(Kaf) “When vileness is exalted (kerum) among the sons of men” (Ps. 12:9). And the rabbis expounded [about this verse] (Berakhot 6b), “These are matters in the heights of (berumo) the world, which people treat with contempt [– and that is prayer].” And [it is written] in Isaiah 29: 13-14, “Because that people has approached [Me] with its mouth, and honored Me with its lips, but has kept its heart far from Me […]. Hence, I shall further baffle that people with bafflement upon bafflement; and the wisdom of its wise shall fail.” And it appears to me [that this can be understood as follows]: Behold [it is written in] Ps. 78:36-37, “Yet they seduced Him with their mouth, were untrue to Him with their tongue. Their hearts were inconstant toward Him; they were untrue to His covenant.” Ostensibly, that which it said, “were untrue to Him with their tongue,” is difficult – as the essence of untruth is in his heart, whereas seduction is with his mouth and with his tongue. However they said (Berakhot 33b):
A certain [prayer leader] descended [before the ark] in the presence of Rabbi Chanina. He [extended his prayer and] said, “God, the great, mighty, awesome, etc.” [Rabbi Chanina said], “Had Moshe not said them […] and had the members of the Great Assembly not come and incorporated them into the prayer, we would not say [any words of praise for God at all]. And you went on and recited all of these? It is comparable to a king who possessed many thousands of golden dinars, yet they were praising him for [a hundred] silver dinars. That would be a disgrace for him.”
And the Guide writes (Guide for the Perplexed 1:59):
They did not say, “It is comparable to a king who possessed many thousands of golden dinars, yet they were praising him for a hundred golden dinars.” For this would imply that God's perfections were more perfect than those ascribed to man [but] still of the same kind; but this is not the case, as has been proved. Rather the wisdom of this metaphor is that they praise him with silver – to show that these attributes that are perfections as regards ourselves, are not such as regards [God], may He be blessed. In reference to Him they would all be defects – and as this metaphor elucidates and says – “would it not be a disgrace to Him?” [To here are his words].
And Rambam has already elucidated there that one should not ascribe to the Creator, may He be blessed, any homage or praise from the virtues of the wise or the strong, whereas He is distant from comparison – as He is elevated ‘above any blessing and homage.’ See there in Chapter 59. And if so, the main homage [for God] in the heart of the discerning is that he distance anything that he says with his mouth from his heart (mind). And he should understand that it is perforce that [we] speak in the language of man. But in his heart, the ‘silence is homage.’ And behold, it was already [written] in Duties of the Heart, in the Section on the Reckoning of the Soul, Chapter 3,⁹⁵8:3. and these [are his words], “And they compared this further to a servant whose master came to his house and he commanded his wife and children to honor [the master] and do everything for him. But [the servant] went away and got involved in mirth and laughter, and stopped himself from honoring [the master] himself, etc. And his master became enraged with him and did not accept his honor and his service and returned everything in his face.” To here [are his words]. And we will add a little [to the] metaphor – that his wife and his household did not know and did not understand the nature of the king and his glory, as they had still never seen a ruler in their days. And [so] they did not honor him fittingly, but rather as [would befit] one of the ministers. Then the rage of the king rose against his servant. But [the servant’s] wife and household were not blamed – as given their lack of awareness, what could they do? Not so the servant, the one that was aware. So too is the matter of prayer, when “they seduce Him with their mouths.” Since there is no limit to the glory of the Creator, may He be blessed, in the mouth and the tongue – as He is not of its nature and category at all, since He is elevated and distinct and removed from what can be said by the mouth – it is only something of homage and praise that is perforce fashioned to fit the ear of the speaker and the one giving homage. But ‘if their hearts are inconstant towards themselves’ – the explanation of which is that they do not have the intention in their hearts that all of what they are saying is only by way of illustration – then “they seduced Him with their mouth, were untrue to Him with their tongue.” As none of the homage and praises correspond to Him, may He be blessed, in any fashion. And this is the understanding of “Because that people has approached [Me] with its mouth, and honored Me with its lips, but has kept its heart far from Me” – meaning, that they did not have intention for that which we mentioned. “Hence, I shall further, etc. and the wisdom of its wise shall fail.” [This is] according to that which is stated in Job 28:12, “But where (meayin, which can also be understood as, from not) can wisdom be found” – the explanation of which is that the essential wisdom is in negation, such that we negate virtues [that could be] attributed to Him.⁹⁶See Guide for the Perplexed 1:55-60, in which Rambam develops what is known as the via negativa, which is a philosophical construct in which there are no accurate ways that man can describe God. Rather the only thing man can accurately do is negate the existence of any attributes that may be ascribed to God. But then “the wisdom of its wise shall fail.” However the ‘man of faith’ will guard [it] in his heart – he will be wise and say, “It is the ‘kindness of God’ to us that we [can] praise Him according to our level.”

One may immerse (inaritual bath³⁰Mikveh, מקוה, is a pool or a bath of clear water. When a person immerses in it, it renders ritual cleanliness to one who has become ritually unclean through contact with the dead (Numbers 19) or any other defiling object, or through an unclean flux from the body (Leviticus 15), especially for a menstruant. The mikveh is also used to purify vessels (Numbers 31:22-23). Today the mikveh is used for the menstruant since the laws of ritual purity no longer apply due to the destruction of the Temple. A woman must immerse in the mikveh and purify herself following her menstruation in order to again participate in marital relations. It is also obligatory for proselytes to immerse as part of the ceremony for conversion. Many people still use the mikveh for spiritual purification and thus immerse in it on the eve of the Sabbath, festivals, and especially on the eve of the Day of Atonement. The mikveh serves to purify the spirit, not the body, as described by Maimonides. One has to have a mental intention to purify oneself by immersing in the mikveh.
According to Biblical law any collection of water whether drawn or collected naturally is suitable for a mikveh as long as one person can immerse himself, but the rabbis later stated that only water which has not been drawn, that is not collected in a vessel or recepticle, could be used. The rabbis also established a minimum for the amount of water to be used, that is the amount of water needed to fill a square cubit to the height of three cubits. This is between 250-1,000 liters depending on various calculations. If it contains at least this much undrawn water, any amount of drawn water can be added to it. A whole talmudic tractate Mikva’ot. is devoted to mikvehs and how they are to be constructed.
A mikveh cannot be prefabricated and just installed on a site since this makes it a vessel and constitutes water that has been drawn or collected. It may be built anywhere and out of any material that is water-tight. No water may leak from it, and it must contain the minimun of forty se’ah (250-1,000 liters) of valid, undrawn, water. Originally its height had to be one-hundred and twenty centimeters so one could stand and be totally immersed (even if bending was required). Later it was established that any height was valid if a person could be immersed laying down provided the minimum quantity of water was there.
All natural spring water provided it was not discolored by any admixtures is valid. Rain water or melted snow or ice is ideal for the mikveh provided that it flows unstopped into the mikveh. Pipes may be used to carry this water provided they touch the ground and are thus not considered vessels. A mikveh must be emptied by any means, even a pump, from above. No drain in the bottom is permitted as it makes the mikveh a vessel and subject to leakage. As long as the mikveh has contained at least forty se’ah of valid water, all water added to it, even drawn water is valid.
David Kotlar and Editorial Staff, E. J., v. 11, pp. 1534-44.
A prayer is normally recited after the immersion called al ha-tevilah, “Blessed art Thou, O Lord, our God, King of the Universe, who hast sanctified us by His commandments, and commanded us concerning the immersion”.) and accept lashes³¹Lashes and Malkkut Ar’ba’im, מלקות ארבעים, forty lashes is also known as flogging which is a Biblical form of punishment. When no other form of punishment was specifically prescribed, flogging became the standard form of punishment (Deuteronomy 25:2). Flogging was the only punishment in the Bible used as a general rule and not in relation to any particular offence except for the slandering of a virgin where the lashes as well as a fine were prescribed (Deuteronomy 22:18).
The maximum number of stripes to be administered in any one case are forty (Deuteronomy 25:3) for any further flogging the Bible stated, would degrade your brother in your eyes (Deuteronomy 25:3). The intent of the Bible seems to be that forty is the maximum number of stripes allowed, but that each offense and its seriousness could determine the number of stripes from one to forty provided the maximum number was not exceeded.
Talmudical law detailed how the Biblical punishment of flogging was to be administered. All the laws are found in the Talmudic tractate Makkot, מכות. The rabbis altered the Biblical law of flogging reducing the number of the maximum number of stripes to ever be received from forty to thirty-nine (Mak. 22a) so as to avoid the danger that the flogger accidentally might exceed the number of forty lashes. If he were permitted to administer forty lashes, the flogger might have given an extra one before he could have been stopped thus administering forty-one lashes which exceeds the maximum number of lashes allowed by the Bible and disgracing the man in the eyes of his brothers and thus also would the flogger be made subject to flogging for his transgression. Therefore the rabbis ruled that the maximum number of stripes they would allow was thirty-nine, for even if the flogger made a mistake he could be stopped before he exceeded the maximum number of forty stripes even if he gave an extra one as he was being stopped. (This is the reason for the comment by Isserles to this law given by Caro, see footnote 55).
The rabbis carefully defined all the offenses for which flogging would serve as a punishment. The number thirty-nine became the maximum number of stripes for offenses for which flogging was administered. The rabbis though, were careful not to cause death by flogging which would have exceeded the Biblical law. Therefore all people to be flogged were first examined to see if they could physically withstand the punishment. The examiner would then determine the safe number of stripes to be inflicted (Mak. 3:11). Flogging would be stopped if it appeared during the stripes that the man could not take anymore (Mak. 17:5). Flogging could also be postponed a day until a person would be fit to under-go the punishment (Mak. 17:3).
Floggings were administered with a whip made of calfskin to the bare upper body of the offender. One-third of the lashes were given on the breast and the other two-thirds on the back. The one being flogged would stand in a bowed position and the flogger would stand on a stone above him. As the stripes were being given admonitory and consolatory verses from the Bible would be recited (Mak. 3:12-14). If death did result and the flogging had been conducted according to the law, the flogger was not liable. If though, he had not faithfully followed the law, he had to flee to a city of refuge which was the case in any accidental homocide.
Flogging for disciplinary reasons as well as for punishment for other than transgressing actively a prohibition of the Torah was also prescribed by the rabbis and this was usually done in a public place so as to be a deterrent to others to violate laws. Usually disciplinary stripes were given in lesser numbers (that is less than thirty-nine) and were not administered to the bare upper body nor were they given with a leather whip. As time passed, people were more often allowed to pay fines rather than be whipped and whipping all but replaced capital punishment in Israel.
On Yom Kippur a custom arose that after the Minḥah Afternoon Service, forty stripes (according to Caro, but only thirty-nine in Ashkenazi communities as pointed out by Isserles) were administered while the victim repeated the confession, viddui (see footnote 39). The one who administered the flogging was to say “And He (God) pities and will atone sins”, (Psalms 78:38). The purpose of this custom was to increase one’s awareness of his need for confession to atone for his sins. This was a visual and physical admission of sins and it was believed to help one receive complete atonement.
Haim Hermann Cohn, E. J., v. 6, pp. 1348-51; Moshe David Herr, E. J., v. 5, p. 1381. (to effect atonement) whenever desired provided that it is before nightfall, but one does not bless over the immersion.
Hagah: One needs to immerse one time without a confession because of pollution (urinary emmission). The same holds true if one pours nine kavs³²A kav, was a unit of measurement for a liquid. According to present day standards a kav is approximately equivalent to 1.2 liters. of water (upon himself), (if the immersion pains him, (מגן אברהם),³³Magen Avraham, מגן אברהם, is a seventeenth century commentary on the Shulḥan Arukh, Oraḥ Ḥayyim which was first printed in Dyhernfurth in 1692. It was highly accepted in Poland and Germany where it became the model for halakhic decisions by the scholars of that country who often differed from other codifiers. The Magen Avraham was written by Abraham Abele ben Ḥayyim ha-Levi Gombiner who lived from 1637 until 1683. He was of Polish birth but he moved to Lithuania after the death of his parents in Chmielnicki Massacres in 1648. After studying there with his relative Jacob Isaac Gombiner he moved to Kalisz where he was appointed head of the yeshivah and dayyan, judge, of the bet din rabbinical court.
Abraham’s commentary is evidence of his vast knowledge of halakhic material. The goal of his work, Magen Avraham was to provide a compromise between the decisions of Joseph Caro and the glosses of Moses Isserles. When no compromise could be arrived at Abraham usually sided with his fellow Ashkenazi, Isserles. Abraham felt that all Jewish customs were valid and sacred and he attempted to justify them even when there was a disagreement among the codifiers. Abraham highly regarded the Zohar and Kabbalists and he occasionally accepted their opinions over that of the codifiers.
Gombiner was also the author of a commentary on the Yalkut Shimoni called Zayit Ra’anan and a collection of homilies on Genesis called Shemen Sason in addition to a short commentary of the Tosefta of Nezikim.
Shmuel Ashkenazi, E. J., v. 7, pp. 766-67.), this is also effective, (מהרי״ו וכל בו ותשב״צ).³⁴Mahariv and Kol Bo and Tashbaẓ, מהרי״ו וכל בו ותשב״ץ.
Mahariv, מהרי״ו, see footnote 27.
Kol Bo, כל בו, which when translated means “everything within” is an anonymous work which contained both halakhic decisions and explanations of halakhot arranged according to subject matter. The book, Kol Bo, was written either at the end of the thirteenth century or at the beginning of the fourteenth century. The work is very similar to a commentary on Oraḥ Ḥayyim called Orḥot Ḥayyim written by Aaron b. Jacob ha-Kohen of Lunel and published in Florence in 1750-51. The fact that they were so similar and covered the same material except that the Orḥot Ḥayyim contained more material than did the Kol Bo caused some scholars to believe that the Kol Bo was a later abridgment to the Orḥot Ḥayyim. But this may not be true due to the differences in their arrangement, the Orḥot Ḥayyim being more systematic. There is another view that the Kol Bo was, the first edition to the Orḥot Ḥayyim and probably by the same author, Aaron b. Jacob ha-Kohen; the material in the Kol Bo certainly preceded that of the Orḥot Ḥayyim.
There are one-hundred and forty-eight sections to the Kol Bo which cover many subjects of Jewish ceremonial, ritual, civil, personal, and community life. The anthology includes collections of laws from numerous and varied halakhic works. The Kol Bo was basically patterned after the Mishneh Torah of Maimonides together with the additions of the scholars of Germany, France, and Provence. There were in addition a few rulings by Spanish scholars included. Many of the laws included in the Kol Bo are from books no longer in existence today. It is possible that the Kol Bo never had much original material, but was mainly an anthology of rules from various sources. The Kol Bo was first printed in Naples in 1490-91.
Shlomoh Zalman Havlin, E. J., v. 10, pp. 1159-60.
Tashbaẓ, תשב״ץ, see footnote 20. One who incurs a death between Rosh HaShanah and Yom Kippur, it is permissible to wash and to immerse on the Eve of Yom Kippur because Yom Kippur cancels the “shiva³⁵Shiva is a seven day mourning period which begins immediately after the funeral. The mourners traditionally gather in the house of the deceased where they sit on low stools or over-turned couches with their heads enrobed. This is obligatory for close relatives of the deceased, be it husband or wife, mother or father, son or daughter, or brother or sister. The mourners must perform keri’ah, a rending of their garments as a symbol of mourning and they are required to recite the blessing dayyan ha-emet proclaiming God as the true judge. During the shiva period, mourners are not permitted to work physically, conduct financial transactions, bathe, annoint the body, cut the hair, cohabit, wear leather shoes, wash clothes, greet acquaintances, and study the Torah. Study, though of sorrowful portions of the Bible and Talmud, such as Job, Lamentations, parts of Jeremiah and the laws of mourning is permitted.
The first meal of the mourners after the funeral is called se’udat havra’ah, the meal of consolation. This meal is provided by friends and neighbors for the mourners in accordance with the talmudic law that a mourner is forbidden to eat of his own bread on the first day of mourning (Mk. 27b). A mourner is also not permitted to put on teffilin, prayer phylacteries, on the first day of the Shiva period.
The first three days of this period are considered the most intense and are known as the three days for weeping the entire seven day period is known as a time of lamenting. The shiva period is suspended on the Sabbath and ends on a holiday even if the total period of seven days has not elapsed. (see also footnote 37).
Aaron Rothkoff, E. J., v. 12, pp. 488-89.”, (the seven day mourning period), (מהרי״ל, הלכות שמחות).³⁶Maharil, מהרי״ל, “The Laws of Mourning”, הלכות שמחות, (“שמחות”, “Pleasures” is a euphemism). The Laws of Mourning as discussed by Moellin; see footnote 8. Even though it is customary not to wash (bath) during the entire “sheloshim³⁷Sheloshim, means thirty and it refers to the thirty days of mourning after the death of a close relative; mother, father, wife, husband, son, daughter, brother, or sister, and it begins from the time of the burial. The mourner during the sheloshim is not to wear new or even festive clothes; not to shave or have a hair cut; not to participate in festivities including wedding, circumcision, or pidyon ha-ben (redemption of the first born male child) banquets unless it is one’s own child; not to marry; and to abstain from going to entertainment. It is also customary to change one’s usual seat in the synagogue during these thirty days. If the last day of sheloshim falls on the Sabbath then the mourning period ends prior to the Sabbath.
The three pilgrimage feativals and Rosh HaShanah may shorten the shiva or sheloshim period. If the mourner observes at least one hour of the shiva (see footnote 35) before Passover or Shavuot, the shiva is waived and the sheloshim is reduced to fifteen days after the holiday, but in the case of Succot the mourner has to observe only eight days of sheloshim after the festival. If a mourner observes at least one hour of shiva before Rosh HaShanah, the shiva is waived and the Day of Atonement ends the sheloshim. If a mourner observes at least one hour of shiva before Yom Kippur shiva is waived and Succot ends sheloshim. Minor festivals such as Ḥanukkah and Purim do not shorten the shiva or sheloshim. If a person only learns of a death within thirty days of the passing (shemu’ah kerovah) he must observe the complete rites of shiva and sheloshim. If the news reaches him more than thirty days after the death has occurred (shemua’ah reḥokah) then he must only observe the mourning rites of shiva and sheloshim for one hour. When one is mourning the death of one’s parents the prohibitions of the sheloshim period are observed for an entire twelve months along with the recitation of the mourner’s Kaddish (see footnote 177) for eleven months, (see Shulḥan Arukh, Yoreh De’ah, 399).”, (thirty day mourning period), a commanded immersion is permitted, (דעת עצמו).³⁸Da’at Aẓmo, דעת עצמו; this is the way indicated in Isserles’ glosses that the comment he was making was Isserles’ own opinion and was not taken from another source.

The entire congregation (every Jewish member of the community) receives forty lashes⁵³Malkut Arba'im, מלקות ארבעים, forty lashes, the maximum biblical punishment for a transgression; see footnote 31.
The following comment is offered by Magen Avraham, (see footnote 33.): 607:8 - "Lashes": Not exactly forty (lashes) but rather thirty-nine. after the Minḥah Prayer, for because of it he will take to heart to turn away (and repent) from his transgressions.
Hagah: It was customary that the one being flogged say the confessions, vidduim⁵⁴Vidduim, וידוים, the plural of viddui, confession of sins; see footnote 39., at the time that he was flogged, and that the flogger say, “And He (God) pities and will atone sins…” (Psalms 78:38), three times which equals thirty-nine words corresponding to the thirty-nine lashes⁵⁵Thirty-nine lashes, a biblical means of punishment for certain sins or a transgressions; see footnote 31., (this is a custom). And it is customary to whip with a little strap because this (flogging) is merely a remembrance to the genuine flogging. One should take a strap of calfskin, corresponding to the Biblical verse, “the ox knows his owner and the ass his master’s crib,” (Isaiah 1:3), (כל בו),⁵⁶Kol Bo, כל בו; see footnote 34. The one who is flogged shall not stand nor shall he sit, but he should be in a slanting position, (מנהגים),⁵⁷Minhagim, מנהגים; see footnote 13. with his face to the north and his rear should be to the south, (מהרי״ל).⁵⁸Maharil, מהרי״ל; see footnote 8. Yom Kippur only atones for the repenters who believe in its (Yom Kippur’s) atonement. However, one who despises it and thinks to himself, “how can this Yom Kippur help me,” Yom Kippur does not atone for him, (רמב״ם פ״ג מהלכות שגגות).⁵⁹Rambam, chapter three from "Hilkhot Shegagot" (The Laws of Transgressions committed Unintentionally), מהלכות שגגות רמב״ם פ״ג.
Rambam is an acronym for Rabbi Mosheh ben Maimon. He is also known as Maimonides. This twelfth century intellectual is one of the most famous Jewish philosophers, halakhists, and writers of all times in addition to being a famous physician. His most famous work is called the Mishneh Torah which means "The Repetition of the Law" or a second Torah. It is a code of Jewish law. Maimonides wanted to collect and organize Jewish law so it could be easily found and understood by people not as well versed as he was in the law. Maimonides' goal was to concentrate all of Jewish law from the Written Law until his time in a scientific and systematic way. His knowledge of and commentaries on halakhic material was phenomenally extensive. He wanted to subdivide and classify all of Jewish law according to subject matter which had not been done since the Mishna of Judah ha-Nasi. He divided his work into fourteen books (the letters, י״ד, equal fourteen and therefore the alternate name for his work is ha-Yad ha-Hazakah, "The Strong Hand"). Each book has eighty-three further divisions called halakhot, the construct form being hilkhot (the reference made by Isserles in this footnote is to one of these divisions called Hilkhot Shegagot), these parts were further divided into one thousand chapters, perakim, made up of some fifteen thousand paragraphs, each called a halakhah. Maimonides gave a single halakhic rule in his work in clear, legal Hebrew without stating different opinions or the sources for his decisions except when they originated in the Torah. For this he is criticized. (For a further explanation of Maimonides and the Mishneh Torah as part of the whole of codification literature, see the introduction to this thesis.)
Maimonides' work as a halakhist was not limited to the Mishneh Torah, although that is his most famous legal work. He wrote commentaries to some tractates of the Talmud, and mention is also made to his commentaries on the Palestinian Talmud as well as the Mishna. His Mishneh Torah contains the whole of Jewish law, both practical and theoretical. Maimonides also wrote responsa where we learn of the life of the Jewish community in Egypt and its neighboring countries during his lifetime. There are 464 responsa of Maimonides in Hebrew and Arabic. Many of his decisions became the accepted halakhah. Another famous work of Maimonides is his Sefer ha-Mitzvot, the "Book of the Commandments". In this halakhic work Maimonides decided to arrange the traditional 613 commandments in a new way. He gave his own enumeration of the 248 positive and the 365 negative commandments. The book, originally written in Arabic and translated into Hebrew by Moses ibn Tibbon, received much criticism for the methodology employed, but it later became an accepted work. The Sefer ha-Mitzvot served as an introduction to the Mishneh Torah which he worked on for ten years. Although the Mishneh Torah is an halakhic work, and even though Maimonides' philosophic work, The Guide of the Perplexed, was written after the Mishneh Torah, the Rambam still managed to include philosophic ideas in his code. Maimonides felt that philosophy and science are handmaidens to theology. Mainmonides in the Mishneh Torah included a system of metaphysics (Book One), the astronomical calculations for the calendar (Book Three), and the doctrine of the Messiah and a refutation of Christianity, Islam and their founders (Book Fourteen).
Even though the Mishneh Torah received much criticism by the contemporary scholars of Maimonides because it was such a novel way or arranging halakhah, since it did not give all the sources, and because it was feared that students would use it and no longer study the original talmudical sources, the book became one of the most creative sources of halakhah in all Jewish literature.
Jacob I. Dienstag, E. J., v. 11, pp. 764-68.

“The order (of prayer) on the Night of Yom Kippur” - Containing six paragraphs.
On the Night of Yom Kippur the custom is that the reader says, “In the court of high, in the court of low (earthly); with the consent of God and with the consent of the congregation, we are permitted to pray together with the transgressors¹⁴⁰This is the prayer that the reader recites as the services begin on the night of Yom Kippur after the sun goes down marking the beginning of the Day of Atonement. The prayer is said immediately after placing on the talit, the prayer shawl, which is only worn during the day, but exceptionally, also on the night of Yom Kippur.
The word "transgressors" at the end of the prayer referred originally to the Marranos, those Jews who chose to convert to Christianity rather than suffer as Jews.”, and it is customary that he say “Kol Nidrei”, (“All the Vows”)¹⁴¹The Evening Service (see footnote 144) on the night of Yom Kippur has taken on the name of Kol Nidrei, כל נדרי, "All Vows" after the unique Aramaic prayer of the same name that marks the beginning of the Service. The prayer is a supplication for annulment of vows. The congregants pray that all the personal vows, oaths, and obligations that will be made during the coming year should be null and void. This applies to vows made between man and God. The recitation of the Kol Nidrei begins while there is still daylight and is prolonged until the sun sets. It has become the custom to repeat the chant three times so that late comers can be sure and hear it. The prayer relieved anxieties of a person who worried that he might have violated the sanctity of some pledge. The rabbis were concerned with the ease of annulling a vow and put certain restrictions on the procedure.
The origin of the Kol Nidrei is not know for sure. It is mentioned in the responsa of Babylonian geonim (see footnote 19) in the eigth century. It was condemned by the geonim of Sura. Some theorize that it originated in Palestine as a Rabhanite practice against the Karaites. Some feel that prayer has mystical origins like other Aramaic prayers which annul curses and oaths which had touched off evil forces in the community. By 1000 C.E. the prayer had been generally accepted by the Pumbedita geonim as a way to invoke pardon, forgiveness and atonement for failing to keep a vow from the previous Day of Atonement to this one. Rabbenu Tam's version changed the wording to read from this Day of Atonement to the next, the wording accepted by most Ashkenazim while most Sephardim except for the oriental and Yemenites, refer to past vows not future ones.
Anti-Semites have often used this prayer as evidence that the vow of a Jew was worthless, even though the prayer does not refer to man's vows with his fellow man, only with God.
Bathja Bayer, E. J., v. 10, pp. 1166-68. (and the entire prayer that follows) and afterward he says (the prayer) “שהחינו¹⁴²The prayer Sheheḥayanu is a prayer recited at the beginning of festivals, minor holidays, and at special times which mark a new, significant event and also when acquiring and putting on new clothing. It is a prayer which thanks God for allowing us to live and celebrate a joyous occasion. "Blessed art Thou, O Lord our God, King of the Universe, who hast kept us in life, and has preserved us, and enabled us to reach this season."” without a cup (of wine).¹⁴³Normally when the Sheheḥayanu (see footnote 142) prayer is recited at a festival, it can be said with a cup of wine, but since Yom Kippur is a fast day, the wine is not permitted.
Hagah: And afterwards they say the Evening Prayer.¹⁴⁴The Evening Prayer Arvit, ערבית, is also referred to as the Ma'ariv Service, which is the word at the beginning and end of the first blessing before the Shema, (see footnote 17 and 173). Originally the Arvit Service was an optional one since there was not an evening Temple sacrifice that corresponded to it as was the case with the Shaḥarit (see footnote 17), Minḥah (see footnote 40) and Musaf (see footnote 166) Service. Traditionally this Service was attributed to Jacob who prayed and Evening Service (Genesis 28:11).
The Arvit Service basically consists of a Barekhu which is a call to worship followed by the Shema and its benedictions and the Amidah (see footnote 43). After nightfall Psalm 134 begins the Service. On weekdays the Service begins with Psalms 78:38 and 20:10.
The blessings around the Shema are a bit different for the Arvit Service. The theme of the first blessing before the Shema is the change from evening to night and the second blessing is one of thanksgiving for the love shown by God for Israel in revealing his Torah. The blessing which follows the Shema in the Arvit Service is a Ge'ullah prayer which praises God as the Redeemer who redeemed Israel from Egyptian slavery. This is all followed by a special night prayer called the Hashkivenu, "Grant us to lie down in peace", which asks for God's help and protection from various mishaps and dangers that can happen in the mysterious night.
There were two versions of the final prayer, a Babylonian and a Palestinian. The Babylonian version is now used on weekdays and it speaks of God "who guards His people Israel forever." The Palestinian version is used on Sabbaths and festivals which is a prayer for peace and Zion; God "who spreads out the tabernacle of peace".
In the Ashkenazi rite several scriptural verses beginning with Psalm 89:53, "blessed by the Lord for evermore", are inserted between the Hashkivenu and the Amidah. The Sephardi rite does not have this.
The Amidah (see footnote 43) during the Arvit Service is only prayed silently. It is not repeated by the reader as it is in the other Services. The Amidah is preceded by a half reader's Kaddish (see footnote 177) and it is followed by the full reader's Kaddish. The prayer, Aleinu le-Shabbe'aḥ (see footnote 182) concludes the Service.
On the evenings of Sabbaths and festivals there are a few changes in the Arvit Service. On the Sabbath it is preceded by a special set of prayers and Psalms which welcome the Sabbath, called Kabbalat Shabbat. The Amidah changes to the special Sabbath Amidah of only seven benedictions. Also a Kiddush, a blessing over wine, is also inserted into the Service. At the conclusion of the Sabbath a special Havdalah (see footnote 226) section is added to the fourth benediction of the Amidah and readings are added to the end of the Service. The Arvit Service usually follows the Minḥah Service immediately after sunset, but it can be recited up until dawn, and under special circumstances, even as late as after twilight.
Alexander Carlebach, E. J., v. 3, pp. 664-66. It is customary to recite “Kol Nidrei¹⁴⁵Kol Nidrei, כל נדרי; see footnote 141.” while it was still day and to lengthen it with melodies until nightfall, and (“Kol Nidrei”) is said three times, and each time (the cantor) raises his voice “higher” (says it louder) than before, (מהרי״ל).¹⁴⁶Maharil, מהרי״ל; see footnote 8. And likewise the reader says the following prayer sentence three times; “And the entire congregation will be forgiven, (etc.)¹⁴⁷This is a prayer from Numbers 15:26 and 14:19-20 which follows the chanting of the Kol Nidrei (see footnote 141).
Ben Zion Bokser. The High Holyday Prayer Book, New York, Hebrew Publishing Company, 1959, p.259.” And the congregation says three times, “And God said I forgave you according to your word”, (מנהגים).¹⁴⁸Minhagim, מנהגים; see footnote 13. A man must not deviate from the custom of his city even in the melodies or piyyutim¹⁴⁹Piyyutim, פיוטים, is a Hebrew word derived from Greek which means a lyrical composition which was intended to embellish an obligatory prayer in the liturgy, or any other religious service whether communal or private. The word refers to liturgical compositions in Hebrew from the first century of the Common Era until the beginning of the Enlightenment, the Haskalah. Originally piyyutim meant to replace the set versions of prayers, expressing the same basic ideas, mainly on the Sabbath and festivals. When prayers became fixed, piyyutim were inserted into or around a set prayer. Most piyyutim were used to adorn and make beautiful the holy days, but there are many which were written for the Sabbaths, fast days, and even weekdays. There are also piyyutim for weddings, curcumcisions and mourning.
Piyyutim are characterized from regular prayers by their lofty style and rythm. We know the authors of many piyyutim while others remain anonymous. Piyyutim were produced at one time or another in every land where Jews lived, each area producing its own style. There are Kerovah types of piyyutim which usually are found in the Amidah prayer and Yoẓer piyyutim found in the benediction before and after the Shema in the Morning Service (see footnote 17 and 173). Piyyutim used in the Amidah of Musaf and Arvit for Sabbath and holy days are called shivata because of this Amidah having seven (Shevah) blessings. The Morning Service Amidah for Sabbaths and holy days contains a sanctification prayer, therefore the piyyutim associated there are called Kedushata (sanctification is Kedushah in Hebrew, see footnote 213). Different holy days have special Kerovot piyyutim associated with the characteristic of the holiday. On Yom Kippur the special section of the service describing the Temple Sacrificial Service has many piyyutim associated with the Seder ha-Avodah (see footnote 22). There are many seliḥot piyyutim for the fast days (see footnote 14).
Styles and vocabulary of the various piyyutim stretch Hebrew to its fullest in creativity and made the language rich. Many piyyutim are difficult to understand because of the freedom of style and vocabulary that was employed. The first piyyutim only used rhythm but later rhyme also played an important role in the piyyutim especially in Spain. Some have no specific poetical characteristics.
Ezra Fleischer, E. J., v. 13. pp. 573-602. that are said there, (מהרי״ל).¹⁵⁰Maharil, מהרי״ל; see footnote 8.