Yom Kippur Afternoon Sermon – 5786

To get into the spirit of tonight, I would like to begin by inviting anyone, but preferably an attorney here with us tonight to come up to the bimah, don a white robe, and recite with all of their heart and soul the most moving and soul-wrenching sections of United States Federal Tax law. Actually, let us truly lean into the spirit of the moment, and as the tax law is being conveyed to us, we should include the dramatic singing of these laws. To circle back, we can begin this grand moment of tax-law reading and singing with a heightened prelude; complete with cello and piano solos before vocal accompaniment begins. Does this request sound a bit odd? Well, I think it’s a touch strange. Although I am being just a bit hyperbolic, and I have absolutely nothing against tax law or its practice, this is really not too far-fetched. “Kol Nidre” as it originally existed is truly a legal piece of writing. Its origin was not particularly moving in any way, or even written in Lashon HaKodesh, the holy tongue of Hebrew, but the common language of Aramaic. I feel comfortable saying that there was nothing haunting, romantic or moving about the Kol Nidre in its original iteration. In fact, much of the discussion of the Kol Nidre between the rabbis of the Talmud focuses on the text and its themes in terms of the problems it raises. Perhaps the most important aspect of this discussion is not about the dry legalese of the text, but in how Kol Nidre itself has actually been used throughout centuries by enemies of the Jewish people to bolster anti-Jewish tropes and antisemitism. The language of the Kol Nidre (meaning “All Vows,”) sends the message that all vows and oaths we make on this day of Yom Kippur until next year’s day of Yom Kippur are subject to being discarded or annulled. Now, just to clarify, this language only refers to vows made between ourselves and God. This liturgical addition is not meant to be used as some sort of free pass to make vows and oaths person-to-person, refuse to honor them, proceed to collectively forgive ourselves for doing so once a year, and then move on.

But, guess what? People and groups with antisemitic attitudes have historically seen it exactly that way; as if we are building into our own liturgy, an opt out of honesty clause. Are you surprised that many people look no further? In a post October 7th, 2023 world, we have learned that it doesn’t take much of an opening to invite in the irrational world of antisemitism. It is commonly thought that the legalistic words of the Kol Nidre, at least periodically throughout history, have encouraged antisemitic tropes. One major way in which this was applied was in the form of another oath called, Oath More Judaico. Oath More Judaico was an additional oath that only Jews were forced to take when they were engaged in lawsuits with non-Jews. The earliest form of this oath-taking practice likely began sometime within the 6th century during the reign of Byzantine Emperor Justinian I. While the language of the oath likely changed over time and distance, it is clear that it kept its distinctly antisemitic tone throughout its use. The Oath More Judaico was often accompanied with the forcible wearing of a wreath of thorns around the neck and/or loin area as the Jewish individual was forced to swear lest the earth swallow them up. It was meant to highlight the point that “Jews are not trustworthy. Jews go back on their word. Do not trust Jews. They break their oaths and vows. They require additional and different treatment.” All of this might sound like fairly distant history. Well, it’s not. The required recitation of Oath More Judaico can be traced back to Eastern Europe in the 20th century…the 1900’s. I will be as bold as to say that the taste of this oath is still bitter in our mouths today.

At this point in the discussion, you might be asking, why in the world do we still recite Kol Nidre? If this is simply dry legalese, and worse yet, if it has contributed to the amplification of antisemitic tropes through time and history, what are we doing? How can we, in all good conscience, continue to do this…And with so much fanfare? We have singing, the piano, and the cello. Should we be reveling in this bit of text? For some, this “Kol Nidre” is our favorite service of the year. This is the holy beginning of our holiest day! Shouldn’t we go in a different direction, at least liturgically?

It seems to me that the continued recitation of Kol Nidre, with all of its power and presence, is one of the most Jewish things we could possibly do. As a Jewish people we stand, and have always stood, in strict opposition to what history tells us we SHOULD do. If we would have failed to do so on numerous occasions, we would not be here together today. We have taken the words of a largely controversial, if not problematic, legal formula, added elaborate and dramatic music, cello, piano, voice. We do not just say these words, but we sing them. We elevate them to a level of holiness that the authors likely could have never seen coming. The focus, actually, complete spotlight on Kol Nidre, sends more than a message of pride. It actually sends a message of resistance.

We, as a people, have the unique ability to take whatever the world throws at us, to wrap it inside of a yummy little pastry, and call it a knish! Then we keep eating it and adapting it and eating it again for centuries.

So, perhaps we continue to recite Kol Nidre not only due to the literal vow-annulling message the words convey, but due to the message that simply reciting the words conveys. It is no secret to anyone here that we are living in a tense Jewish world. There are schisms in our country, in our world, that seem wider and more treacherous than a parted sea. Opinions about the actions of the government of Israel, the War in Gaza and the geopolitical landscape of the middle east run the gamut, even in this very sanctuary. It would be a complete fool’s errand for me to tell you exactly what I believe you SHOULD think about any of these issues. What I will remind us all of is that the modern state of Israel, M’dinat Yisrael, whether or not we agree with its leadership, is a miracle. Out of the darkness of the Holocaust, of the horrors of the Shoah, trees were planted in the desert. Jews rose from the ashes of destruction like a phoenix, and created a thriving and modern country.

I do want to ask a question that has been brimming for hundreds, if not thousands of years: Why is Israel expected to take a separate oath? To justify its very existence with oaths that no other nation or people must take? For us, as Jews, this is not politics. This is hope, it is living and breathing in our memories and prayer. The Oath More Judaico lives on in double standards and demonization. Israel is expected; we are expected, to promise with thorns around our neck, to be an exemplar of morals and ethics in terms of morals and ethics. Israel is asked to live amidst constant threat of attack, and co-exist alongside many neighbors who call for its outright destruction and elimination. And as is so often forgotten in the public milieu, where are our hostages?

How can any place, person or people possibly satisfy all of the oaths that Israel is being asked to take? I want to be clear. We, as the people of Israel; shouldn’t we be the model of ethical behavior? Shouldn’t we act in accordance with what is good and moral? If we do not strive to be good, we are not living up to our Jewish aspirations. We hold ourselves to the highest standard.

As we enter into our Holiest day of the entire year, we do so with the words of Kol Nidre echoing through our sanctuary. We live with the actions of the Modern State of Israel echoing through our Jewish lives. We have always been expected to go above and beyond as a people. We have been expected to endure extra pain, to let things go, to allow ourselves to be pushed around so that others feel comfortable.

Yehuda Bauer, of blessed memory, was an Israeli historian and Holocaust expert. He came up with an additional three commandments to add to the ten: “thou shall not be a perpetrator; thou shall not be a victim; and thou shall never, never, be a bystander.” Let us all vow this year from this Yom Kippur to next Yom Kippur find a way to follow all three. It is what is asked of Israel, and by default, it is what is asked of us. We should not victimize, we should not be the victims, and we should not stand idly by. We must take action. Yes, we will be criticized no matter what we choose to do or not do. We are commanded to keep trying anyway. In this beautiful, messy, impossible, imperfect calling, exists our God. As Kol Nidre teaches us. We sing out when we are expected to be silent. We whisper no more. We are Jewish. We are here. We will endure. Let us find our way to holiness through the havoc, and make music from the messiness. “Miyom Kippurim zeh ad Yom Kippurim habah- From this Yom Kippur to the next Yom Kippur!

G’mar Chatima Tovah