Torah Community Connections

Week 40 - Monday - 28 August 2000

ROSH HASHANAH: CHAPTER 1: MISHNAH 4

For two months they violate the Shabbat: for Nisan and for Tishrei, for in them the messengers went forth to Syria, and by them they determined the holy days; and when the Temple was in existence, they violated for all of them, because of the determination of the sacrifice.

Kehati

This mishnah deals with witnesses who saw the new moon on Friday night (i.e., on Shabbat), and discusses whether or not they are permitted to violate the Shabbat, e.g., to go outside the tehum (the Shabbat boundary), in order to inform the Court.

For two months they - the witnesses who saw the moon, may violate the Shabbat - in order to go and inform the Court: for Nisan - for the determination of the Festivals of Pesah and Shavuot, and for Tishrei - for the determination of Yom Kippur and Sukkot, for in them - in these months,

The messengers went forth to Syria - and from there to Babylonia, in order to inform the Jews in the Diaspora and by them they determined the holy days - the determination of all the holy days is dependent upon these months. Regarding the statement in this mishnah, "for in them the messengers go forth to Syria," the Gemara asks: Did the messengers go forth only in these two months? Was it not taught (in the preceding mishnah) that "On six months the messengers go forth." The Gemara replies that there is a difference between the other months and these two months: in the other months, the messengers went forth while it was still night, e.g., if the new moon was clearly seen on the night of the thirtieth of the month, so that the Court would undoubtedly determine the new month of the following day, the messengers did not wait until the following day to hear the announcement of the new month from the President of the Court, but went forth immediately, at night, to inform the Diaspora that the thirtieth day was Rosh Hodesh. On Nisan and on Tishrei, however, the messengers would not go forth until they had heard the President of the Court declare, "The new month is sanctified [i.e., determined]"; - for since the determination of the holy days depended upon the Court, it was feared that the Court might change its mind and postpone Rosh Hodesh till the thirty-first day (Tosafot). At any rate, this does not serve as a reason for the violation of the Shabbat by the witnesses, for the messengers themselves are prohibited to violate the Shabbat (see below); the main reason is "and in them they determine the holy days," and the mishnah says, "for in them the messengers go forth to Syria" only in order to note the importance of these months ("to add further to the reason for the violation of the Sabbath, though the actual reason is a different one." - Rashi),

And when the Temple was in existence, they - the witnesses who sighted the new moon on the thirtieth night violated - were permitted to violate the Shabbat, even - for all of them - the months, because of the determination of the sacrifice - so that the Musaf sacrifice of Rosh Hodesh would be offered at the proper time. The Gemara quotes a baraita: "Whence do we learn that they may violate the Shabbat for them? From the text, which states, 'These are the appointed seasons of the Lord, even holy convocations, which you shall proclaim in their appointed season' (Lev. 23:4) (the Torah warns against missing the appointed time for proclaiming the holy convocation, i.e., the proclamation of the new month by the Court - Rashi). One might think, that just as the witnesses may violate the Shabbat so that the new moon should be proclaimed at its proper time, the messengers of the Court may also violate the Shabbat so that the holy days should be observed in their proper season! But the text 'which you shall proclaim' teaches us that the Shabbat may be violated for their proclamation, but may not be violated for their observance." It follows that the messengers may never violate the Shabbat, but the witnesses of the new moon are permitted, by Torah law, to violate the Shabbat for all the months. However, after the destruction of the Temple, the Sages enacted that the Shabbat could be violated only for Nisan and Tishrei, because the determination of the holy days depended upon them, but in the other months, even the witnesses are prohibited from violating the Shabbat for them, since the determination of the holy days did not depend upon them.

ROSH HASHANAH: CHAPTER 1: MISHNAH 5

Whether it was seen clearly, or it was not seen clearly, they violate the Shabbat on it. Rabbi Yose says, If it was clearly visible, they do not violate the Shabbat on it. Kehati

Whether it - the new moon, was seen clearly, or it was not seen clearly - i.e., not only when the new moon was not clearly visible, but even when it was clearly visible, even though it could be assumed that those within the bounds of Jerusalem also saw it, they - the witnesses, violate the Shabbat on it - they must come and testify before the Court, and they need not be concerned about violating the Shabbat.

Rabbi Yose says, If it - the moon, was clearly visible - to all, they do not violate the Shabbat on it - for it was surely seen in Jerusalem. The halakhah does not follow Rabbi Yose.

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