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Week 40 - Shabbat - 2 September 2000

ROSH HASHANAH: CHAPTER 2: MISHNAH 5

There was a large courtyard in Jerusalem which was called bet Ya'zek, and all the witnesses would gather there, and the Court would examine them there. And they would make big meals for them, so that they should make it their habit to come. Originally they would not move from there the entire day; Rabban Gamliel the Elder enacted that they might walk two thousand amot in any direction. And not only these, but also the midwife who comes to assist in a delivery, and the person who comes to save from a fire or from troops, or from the river, or from a collapsed building, all these are as the people of the city, and have two thousand amot in any direction.

Kehati

There was a large courtyard in Jerusalem which was called Bet Ya'zek - the Gemara explains that this name is derived from the wording vayazkehu, "And he fenced it in" (Isa. 5:2), because it was surrounded by a stone wall, and all the witnesses - all those who came to testify that they had seen the new moon, would gather there - in this courtyard, and the Court would examine them there - as explained in the following mishnah. And they would make big meals for them - for the witnesses, so that they should make it their habit to come - so that whoever saw the New Moon would want to come to the Court in Jerusalem to testify.

Originally they would not move from there the entire day - witnesses who came on the Shabbat from outside the Shabbat boundary (tehum Shabbat), were forbidden to go out from this courtyard the entire Shabbat, for since they had gone outside their Shabbat boundary, they were allowed to move only within a radius of four amot; however, the entire courtyard is regarded as an area of four amot (see Eruv. 4:1); Rabban Gamliel the Elder enacted that they might walk two thousand amot in any direction - since they had gone beyond the Shabbat boundary with the permission of the Court, they are considered as if they had come from within the Shabbat boundary, and they may walk back two thousand amot in any direction, as is the law for the inhabitants of Jerusalem.

And not only these - the witnesses of the new moon, were treated with leniency, but also the midwife who comes on Shabbat to assist in a delivery - from outside the Shabbat boundary, and the person who comes to save from a fire or from troops - enemy troops who suddenly attacked a border town, or from the river - which overflowed its banks and flooded the city, or from a collapsed building - in all of these cases, since their coming from outside the Shabbat boundary is fully sanctioned because of a possible danger to life, all these - who come to it, are as the people of the city and have two thousand amot in any direction - outside the Shabbat boundary (see Eruv. 4:3).

ROSH HASHANAH: CHAPTER 2: MISHNAH 6

How do they examine the witnesses? The pair that came first, they examine first, and they bring in the elder among them, and they say to him, "Tell us, how did you see the moon, facing the sun or behind the sun? To the north of it or to the south of it? How high was it and in which direction was it leaning? And how wide was it?" If he said, "Facing the sun," he said nothing. And afterwards they would bring in the second and they examine him. If their words were found to correspond, their testimony stood. And all the other pairs, they ask them the main points, not that they required them, but so that they would not go away disappointed, and that they should make it their habit to come.

Kehati

How do they - the Court, examine the witnesses - who sighted the new moon? The pair - of witnesses, that came first, they examine first, and they bring in the elder among them - they examined each witness individually, first bringing into the Court the eldest of the witnesses,

And they say to him, "Tell us, how did you see the moon, facing the sun or behind the sun - the Gemara elaborates, "was its crescent before the sun or after the sun?" The "crescent" of the moon is its concave side, which is its dark part. It is perfectly obvious that it is not the moon's crescent side, but rather its convex side (its illuminated part) which always faces the sun, for the moon's light comes to it from the sun (see the Introduction to the Tractate). This is the meaning of the statement in the Gemara, "The sun never saw the moon's dark part." Nevertheless, they would ask the witness, regarding the moon that he saw, whether its crescent faced the sun or whether the other way?

To the north of it or to the south of it? - of the sun. The Gemara explains that during the summer the new moon appears to the south (i.e., to the southeast) of the sun, for on the long days the sun sets in the northwest corner of the sky, whereas during the short winter days (the rainy season in Eretz Yisrael) the sun sets in the southwest corner, and then the new moon appears to be northeast of the sun, which is what they asked the witness: "To the north or to the south?"

How high was it - the moon, above the horizon, from your point of view, in which direction was it - its crescent side-leaning? And how wide was it" - the moon's beam of light? It has already been explained (in the Introduction to the Tractate) that the members of the Great Court possessed expertise in the calculation of the New Moon and knew its positions, and were therefore able to assess the accuracy of testimony about the New Moon. If he said, "Facing the sun," he said nothing - this refers to the first question asked by the Court, "how did you see the moon, facing the sun or behind the sun"; the mishnah teaches that if the witness replied, "Facing the sun," his testimony is rejected, because this is impossible (see above). The same applies to each of the other questions: if the witness's response contradicted the Court's knowledge regarding the New Moon, his testimony is rejected.

And afterwards they would bring in the second witness and they examine him - as they examined the first witness. If - regarding the questions to which they had to reply according to their estimation (about how high it was and how wide it was"), their words - their responses, were found to correspond - they did not contradict each other, their testimony stood - the Gemara states, regarding the question, "How high was it," if one replied, "Two stories," and the other said, "Three stories," their testimony stands, because their estimates are close to each other. But if one said, "Three stories," and the other said, "Five stories," their testimony is rejected.

And all the other pairs - who came to testify, they ask them the main points - without excessive detail, not that they required them - for the two witnesses whose testimony stands suffice to effect kiddush ha-hodesh on the basis of their testimony, but so that they would not go away disappointed - for their having troubled themselves for nothing; they therefore also bring in the others and ask them the main points, and that they should make it their habit to come - to the Court, to testify about the New Moon.

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