Kol Nidre begins with a dramatic declaration, “by consent of the court on high, and by consent of the court below, we permit prayer with transgressors.” This formula is attested already in the circle of Rabbi Meir of Rotenberg (Germany, 13C) as reported by his student Samson b. Tzadok (Tashbetz Katan 131), and then in the Tur (OH 619). Most scholarly attention focuses on the final word, “avaryanim,” (transgressors, or perhaps Iberians—conversos?) but I want to know who are the justices of the court on high? How were they nominated and confirmed?
The expression, “court on high” (ישיבה של מעלה) occurs throughout rabbinic literature. In Bavli Bava Metzia 85a we learn that whoever teaches their friend’s child Torah merits to be seated on the court on high. On the next page we hear that when Rabbah bar Nahmani died, he was caught pronouncing the words, “pure, pure” (טהור טהור). A heavenly voice was heard saying, “fortunate are you that your body was pure and your soul departed in purity.” Then a note fell from the heavens right into Pumbedita saying, “Rabbah bar Nahmani is invited to join the court on high.”
From these and other rabbinic sources it seems that the court on high, or heavenly court, is a place where the greatest sages serve after death. Why then do we invoke their authority on Kol Nidre? Releasing people from vows is one of the most complex and controversial areas of Jewish law, requiring a Beit Din of three senior scholars to review each case. But on Yom Kippur the entire Jewish people asks for release, so mortal judges will not suffice. Thus the invocation of the heavenly tribunal.
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