Too Popular: How the Rabbis Tried to Cancel These High Holiday Rituals and Failed

Too Popular: How the Rabbis Tried to Cancel These High Holiday Rituals and Failed Rabbi Ilana Zietman Leviticus 16:21-22

‫כ״ב‬-‫כ״א‬:‫ויקרא ט״ז‬

(21) Aaron shall lay both his hands upon the head of the live goat and confess over it all the iniquities and transgressions of the Israelites, whatever their sins, putting them on the head of the goat; and it shall be sent off to the wilderness through a designated man. (22) Thus the goat shall carry on it all their iniquities to an inaccessible region; and the goat shall be set free in the wilderness.

‫(כא) ו ְסָ מַ֨ ְך ַאהֲ ֜ר ֹן אֶ ת־ׁשְ ֵ ּ֣תי י ֗ ָ​ָדו ַ ֣על ֣ר ֹאׁש הַ ּׂשָ עִ י ֮ר‬ ‫ת ּב ְֵנ֣י י ִׂשְ ָראֵ֔ ל‬ ֙ ֹ ‫הַ חַ י֒ ו ְהִ תְ ו ָ ַּ֣דה עָ ֗ ָליו אֶ ת־ּכׇ ל־עֲ וֺנ‬ ‫ם‬ ֙ ָ‫ֹאתם וְנ ַ ָ֤תן א ֹת‬ ֑ ָ ‫יהם ל ְׇכל־חַ ּט‬ ֖ ֶ ֵ‫ו ְאֶ ת־ּכׇ ל־ּפִ ׁשְ ע‬ ‫ַד־איׁש עִ ִ ּ֖תי הַ ּמִ דְ ָּב ָֽרה׃‬ ֣ ַ‫ע‬ ֥ ִ ‫ל־ר ֹאׁש הַ ּׂשָ עִ֔ יר ו ְׁשִ ַ ּ֛לח ְּבי‬ ‫ל־א ֶרץ‬ ֣ ֶ ֶ‫(כב) וְנָׂשָ֨ א הַ ּׂשָ ִ ֥עיר עָ ָ ֛ליו אֶ ת־ּכׇ ל־עֲ וֺנ ָ ֹ֖תם א‬ ‫ְּגז ָ ֵ֑רה ו ְׁשִ ַ ּ֥לח אֶ ת־הַ ּׂשָ ִ ֖עיר ּבַּמִ דְ ָּבֽר׃‬

Maimonides, Guide for Perplexed Part 3, 46:10 (1190) The goat [of the Day of Atonement] that was sent [into the wilderness] (Lev. 16:20, seq.) served as an atonement for all serious transgressions more than any other sin-offering of the congregation. As it thus seemed to carry off all sins, it was not accepted as an ordinary sacrifice to be slaughtered, burnt, or even brought near the Sanctuary; it was removed as far as possible, and sent forth into a waste, uncultivated, uninhabited land. There is no doubt that sins cannot be carried like a burden, and taken off the shoulder of one being to be laid on that of another being.

But these ceremonies are of a symbolic character, and serve to impress men with a certain idea, and to induce them to repent; as if to say, we have freed ourselves of our previous deeds, have cast them behind our backs, and removed them from us as far as possible.

Tashlich Micah 7:18-20 (18) Who is a God like You, Forgiving iniquity and remitting transgression; Who has not maintained God's wrath forever Against the remnant of God's own people, Because God loves graciousness! (19) God will take us

‫כ׳‬-‫י״ח‬:‫מיכה ז׳‬ ‫י־אל ּכ ָ֗מֹוָך נ ֵ ֹׂ֤שא עָ וֺ ֙ן ו ְע ֵ ֹ֣בר עַ ל־ּפֶ֔ ׁשַ ע‬ ֣ ֵ ִ‫(יח) מ‬ ‫לִׁשְ אֵ ִ ֖רית נַחֲ ל ָ֑תֹו ֹלֽא־הֶ חֱ ִז֤יק לָעַ ֙ד אַ ּ֔פֹו ִּכֽי־חָ ֵ ֥פץ‬ ‫ֶ ֖חסֶ ד הֽ ּוא׃ (יט) י ָׁ֣שּוב י ְַרחֲ מֵ֔ נּו יִכ ְּ֖ב ֹׁש עֲ וֺנ ֵ ֹ֑תינּו‬ ָ ‫וְתַ ׁשְ ִ ֛ליְך ּבִמְ צ ֻ֥לֹות ָ֖ים ּכׇ ל־חַ ּט‬ ‫ֹאותֽם׃ (כ) ּתִ ֵ ּ֤תן‬ ָ‫ת ְל ַי ֽעֲ ֔ק ֹב ֶ ֖חסֶ ד לְַאב ְָר ָ ֑הם אֲ ׁשֶ ר־נִׁשְ ַ ּ֥בעְ ּת‬ ֙ ֶ‫אֱ מ‬ 1

back in love; God will cover up our iniquities, You will cast all our sins into the depths of the sea. (20) You will keep faith with Jacob, loyalty to Abraham, as You promised on oath to our fathers in days gone by.

‫לַאֲ ב ֵ ֹ֖תינּו ִ ֥מימֵ י ֶקֽדֶ ם׃‬

Moshe Isserles, Darchei Moshe, Orach Chayim 583:2 (1530-1572) The Maharil (Rabbi Yaakov Moelin, Germany, 1365-1427) wrote that there is a minhag (custom) to go to the river and recite "God will take us back in love...You will cast all our sins into the sea" (Micah 7). This is because there is a midrash (story form commentary) that connects the Akeidah (binding of Isaac) to water in that that Satan made Abraham passed through water until it came up to his neck until he cried out to God, "save me!"

But, the Sefer Minhagim (Book of Customs, 16th century) adds that we should see live fish in the water so that the evil eye will not be able to rule over us [as they do not rule over live fish] and so that we will be fertile and multiply like fish.

Samuel Kolin, Machatzit HaShekel, Orach Chayim 583:5 (1705-1755) We should exclude the inferior minhag (custom) of throwing bread to the fish as it is prohibited to feed wild animals on Yom Tov (a holiday).

Sa'adiah ben Natan Neta, Sefer Ma'aseh Rav #209, (1809-1813) The Vilna Gaon (HaGra, 18th century) did not go to a river or a well to say tashlich.

Aryeh Leib Pomranchik, Emek Beracha, (1908-1942) It is best to avoid the people who are as light-minded as women, and say, "I will shake off my transgressions," and, taking hold of the folds of their clothing, shake them, thinking to themselves that by so doing a man can shake off the transgressions that he committed all the year before. And he ought not to think so, for it really is a desecration of the great Name of God before the nations that know of the custom. For when they see Jews going to the river, they say laughingly, "The Jews are going to shake their sins into the water."

But if a person wants to observe the custom, let him say, "I will perform the Casting." For the principal purpose of the custom is to pray to God, to cast our iniquities into the depths of the sea, because in saying these verses we are contemplating teshuvah.

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Kol Nidre Numbers 30:3 (3) If a person makes a vow to the Lord or takes an oath imposing an obligation on himself, he shall not break his pledge; he must carry out all that has crossed his lips.

Mishnah Chagigah 1:8 The halakhot of the dissolution of vows, when one requests from a Sage to dissolve them, fly in the air and have nothing to support them, as these halakhot are not mentioned explicitly in the Torah.

Nedarim 23b:1 The Gemara answers: The mishna is incomplete and is teaching like this: In the case of one who wants another to eat with him, and he urges him to do so and makes a vow with regard to him, this vow is included in the category of vows of exhortation, which do not require dissolution. And in addition, 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 is 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.

‫ג׳‬:‫במדבר ל׳‬ ֙‫ׁש ִּכֽי־י ִּ֨ד ֹר ֶ֜נדֶ ר ַלֽה' אֽ ֹו־הִ ָ ּׁ֤שבַע ׁשְ בֻעָ ה‬ ֩ ‫(ג) אִ י‬ ‫לֶאְ ֤ס ֹר אִ ּסָ ֙ר עַ ל־נַפְ ׁ֔שֹו ֹ֥לא י ֵ ַ֖חל ּדְ ב ָ֑רֹו ּכ ְׇכל־הַ ּי ֵ ֹ֥צא‬ ‫מִ ִ ּ֖פיו י ַעֲ ֶׂשֽה׃‬

‫ח׳‬:‫משנה חגיגה א׳‬ ‫ ו ְאֵ ין לָהֶ ם עַ ל‬,‫ּפֹורחִ ין ּבָאֲ ו ִיר‬ ְ ‫(ח) הֶ ּתֵ ר נְדָ ִרים‬ .‫מַ ה ּׁשֶ ּיִסְ מ ֹכּו‬

‫א׳‬:‫נדרים כ״ג ב‬

ֵ ַ‫ח‬ ‫ּסֹורי מִ יחַ ּסְ ָרא ו ְהָ כִי קָ תָ נֵי הָ רֹוצֶה ׁשֶ ּי ֹאכַל אֶ צְלֹו‬ ‫חֲ בֵירֹו ּומְ סָ ֵרב ּבֹו ּומַ ּדִ ירֹו נִדְ ֵרי זֵירּוזִין הּוא‬ ‫ו ְהָ רֹוצֶה ׁשֶ ֹּלא י ִתְ קַ ּיְימּו נְדָ ָריו ּכׇ ל הַ ּׁשָ נָה י ַעֲ מֹוד‬ ‫ּבְר ֹאׁש הַ ּׁשָ נָה ו ְי ֹאמַ ר ּכׇ ל נֶדֶ ר ׁשֶ אֲ נִי עָ תִ יד לִיּדֹור‬ .‫י ְהֵ א ּבָטֵ ל ּו ִב ְלבַד ׁשֶ ּיְהֵ א זָכּור ּבִׁשְ עַ ת הַ ּנֶדֶ ר‬

Kol Bo 68:12-13 (13th-14th century, author unknown) There is a minhag (custom) carried out in certain places of reciting Kol Nidre. We see that the rabbis have said that there is no basis for this practice, and it is indeed a mistake. It is best for the leaders of those places to cancel it. Otherwise, people will come to think that their vows will be annulled by it and they will not take their vows or promises seriously. And thus, Rav Amram and other geonim (9th century 3

sages) said not to recite it at all.

Saadiah Gaon (10th century) said Kol Nidre can only be recited for vows made mistakenly or under duress by a community, but the individual who makes vows throughout the year cannot annul them this way.

Dr. Annette Boeckler, "The Magic of the Moment: Kol Nidre in Progressive Judaism," In All These Vows (2011) For many Jews, Kol Nidre provides the sound of atonement that is the core experience of Yom Kippur and that could not otherwise be put adequately into words. Nevertheless, progressive Judaism, which began in nineteenth-century Germany, started overwhelmingly without Kol Nidre. As we shall see, the tune remained, but without the familiar words, which were reintroduced only with the American prayer book Gates of Repentance in 1978.

Classical Reform of the nineteenth and early twentieth century sought to justify Judaism to modern Jews and to the society in which they lived. It was deemed important to say only those prayers that could be recited honestly, without offending the enlightened, rational, scientific mind. The entire notion of annulling vows was anathema to modern ethical consciousness. In addition, the Ashkenazi version of Kol Nidre requests freedom from vows that might potentially be made in the year to come, not those already made in the year just ending - a ntion that makes little sense logically. It had come into being as a halalkhic response to the Talmudic objection against a wholesale annulment of vows in the past, but Reform Jews questioned the domination of halakha. So morally, logically, and theologically, the text of Kol Nidre seemed objectionable to Reform Jews, who sought, therefore, to eliminate it...

Classical Reform Judaism, however, did not succeed in this effort to abolish Kol Nidre. Faced with its obvious popularity, the rabbis sought means of including some form of it, while obviating the difficulties caused by the difficult text with which they had no sympathy.

Kapparot Rav Shishna Gaon, Shaarei Teshuva (8th-9th century) You have asked about the custom to slaughter a chicken on erev Yom Kippur, and we don't know why (or we don't know what text to attribute it to). You have also asked if there is a difference between using fowl and cattle, and this is also a difficulty....

But, here is the ritual: The mitcaper (atoner) places the chicken on his head and says "This instead of that, this in exchange for that, and this in replacement of that." He does it a second time and says, "Some lived in deepest darkness, bound in cruel irons, because they defied the word of God, spurned the counsel of the 4

Most High. He humbled their hearts through suffering; they stumbled with no one to help. In their adversity they cried to the Lord, and He rescued them from their troubles "(Psalm 107). A third time..."Then He has mercy on him and decrees, “Redeem him from descending to the Pit, for I have obtained his ransom;" (Job 33:24). The shochet (kosher slaughter) places his hands on the head of the chicken and says, “Go to your death in exchange for this [person]” and then, “Go towards life and be atoned” [to the person], and do this three times. Then the person places his hands on the chicken and it is slaughtered.

Rashba, Shu"T HaRashba, 1:295, (13th century) Mar, the Master (Ramban?) already wrote: I have found that this custom (kapparah) was widespread in our town, that they would slaughter an old chicken for the sake of atonement over a young man, they would cut its head and hang it by its feathers at the door with garlic. And this is nonsense in my eyes like the ways of the Ammorites. I've pushed this custom out and by the grace of Heaven, they listened to my word and none of these practices remain anymore in our city.

I have heard from different people from Ashkenaz who sit with us in the beit midrash (house of study) that all of the rabbis of their land do this on erev Yom Kippur...I still withheld this from our town.

Joseph Karo, Shulchan Aruch, Orach Chayim 605:1 9 (1563) That which [people] are accustomed to perform kapparah before Yom Kippur by slaughtering a rooster for each male and to say verses over it, you should prevent the custom.

Moshe Isserles, Commentary on Shulchan Aruch, Orach Chayim 605:1 (1574) And there are those from the Geonim that write about this custom, and similarly it is written from many Achronim, and so is the custom in all these countries [Ashkenaz] - and you shouldn't change, for it is an ancient custom.

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