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Week 40 - Tuesday - 29 August 2000

ROSH HASHANAH: CHAPTER 1: MISHNAH 6

It once happened that more than forty pairs passed, and Rabbi Akiva detained them in Lod. Rabban Gamliel sent to him, If you detain the many, you cause them to sin in the future.

Kehati

It once happened that more than forty pairs - sets of witnesses who saw the new moon; according to one interpretation, this occurred on Shabbat (Hameiri; Tiferet Yisrael) - passed - on their way to the Court, and Rabbi Akiva detained them in Lod - so that they would not go to the venue of the Court, because it had no need of them; Rabbi Akiva did this so that they would not unnecessarily violate the Shabbat. Rabban Gamliel sent to him, If you detain the many - so that they would not come to testify, it follows that you cause them to sin in the future - for in the future they would refrain from coming, because they would presume that others had already testified. The halakhah follows Rabban Gamliel, that whoever sees the new moon is obligated to come to the Court and testify.

ROSH HASHANAH: CHAPTER 1: MISHNAH 7

If a father and his son saw the New Moon, they go, not that they are paired together, but if one of them is disqualified, the second one will join with another. Rabbi Shimon says, A father and his son, and all the relatives, are eligible for the testimony of the New Moon. Rabbi Yose said, It once happened that Tovia the Physician saw the New Moon in Jerusalem, he and his son and his freed servant, and the priests accepted him and his son, but they disqualified his servant. And when they came before the Court, they accepted him and his servant, and they disqualified his son.

Kehati

Since kiddush ha-hodesh is dependent upon witnesses, this and the next mishnah teach which witnesses are eligible to testify regarding the new moon. This mishnah discusses the case of witnesses who are relatives.

If a father and his son saw the New Moon, they - the two of them, go - to the Court to testify, not that they are paired together - to effect kiddush ha-hodesh by their testimony, for relatives are ineligible to join to give testimony together, but if one of them is disqualified - if his testimony when investigated by the Court (Rashi) is found to be unacceptable, or (according to Rambam), if he himself is found to be ineligible, e.g., he is a thief, the second one will join with another witness, and the Court will declare the new month on the basis of their valid testimony.

Rabbi Shimon says, A father and his son, and all the relatives - though they are ineligible to join together for any other testimony, they are eligible for the testimony of the New Moon - to effect kiddush ha-hodesh by their testimony. The Gemara explains Rabbi Shimon's reason, for it is written, "And the Lord spoke to Moses and Aaron in the land of Egypt, saying, 'This month shall be to you'" (Ex. 12:1-2), from which Rabbi Shimon learns that the testimony of the New Moon is valid if given by you, even though you are brothers. The Sages, however, learn from "This month shall be to you," this testimony shall be given over to you, to the leaders of the generation like you, who will receive the testimony and who will perform kiddush ha-hodesh. The halakhah follows the Sages.

Rabbi Yose said, It once happened that Tovia the physician saw the New Moon in Jerusalem, he and his son and his freed servant, and the priests - the Court of priests, accepted him and his son - as eligible witnesses, but they disqualified his servant - for they held that relatives are eligible for testimony regarding the New Moon, while the servant, even if he is freed, is ineligible to give testimony, because he is not of proper lineage. And when they came before the Great Court, they accepted him - Tovia the physician, and his servant - as fit witnesses, because lineage is not a prerequisite for giving testimony, and they disqualified his son - for relatives are ineligible to join together for testimony, including the testimony for the New Moon, in accordance with the above opinion of the Sages.

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