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Week 41 - Sunday- 3 September 2000

ROSH HASHANAH:CHAPTER 2: MISHNAH 7

The head of the Court says, "It is sanctified!" And all the people answer after him, "It is sanctified, it is sanctified!" Whether it was seen at its proper time, or whether it was not seen at its proper time, they sanctify it. Rabbi Eleazar ben Zadok says, If it was not seen at its proper time, they do not sanctify it, for Heaven has already sanctified it.

Kehati

This mishnah is the continuation of the preceding mishnah. It deals with the procedure of kiddush ha-hodesh after the eyewitnesses had been examined by the Court, and their testimony had been found to be correct and to coincide.

The head of the Court says, "It is sanctified, it is sanctified!" - as it is written, "The appointed seasons of the Lord, which you shall proclaim" - (otam) (ibid., v. 2) Since (Tikr'u otam) is in the Torah written without vav after the aleph, it can be read atem ('you,' plural). From this the Sages learned "which you" (pl.), i.e., the people must also participate in the proclamation of kiddush ha-hodesh, and respond after the head of the Court, "It is sanctified, it is sanctified!" they say this twice because the Torah writes, "holy convocations" (ibid.) - two callings.

Whether it - the moon, was seen at its proper time - on the night preceding the thirtieth, and the thirtieth day is to be proclaimed Rosh Hodesh, or whether it was not seen at its proper time - and the past month became full (of 30 days), and Rosh Hodesh is on the thirty-first day, they sanctify it - i.e., even if the New Moon was not seen at its proper time and as a result kiddush ha-hodesh was effected automatically on the thirty-first day, the entire procedure of proclaiming kiddush ha-hodesh was followed, and the head of the Court says, "It is sanctified!" and the people answer after him, "It is sanctified, it is sanctified!"

Rabbi Eleazar ben Zadok says, If it was not seen at its proper time, they do not sanctify it - the Court does not proclaim kiddush ha-hodesh on the thirty-first day, for Heaven has already sanctified it - kiddush ha-hodesh has already been effected automatically, by Heaven's will, on the thirty-first day, for no month has more than thirty days, and there is no need for the proclamation by the Court of the new month. The halakhah follows Rabbi Eleazar ben Zadok.

ROSH HASHANAH: CHAPTER 2: MISHNAH 8

Rabban Gamliel had illustrations of the shapes of the moon on a tablet and on the wall in his upper chamber, which he showed to the simple, and he said, "Did you see like this, or like this? It once happened that two came and said, "We saw it in the east in the morning and in the west in the evening." Rabbi Yohanan ben Nuri said, "They are false witnesses!" When they came to Yavneh, Rabban Gamliel accepted them. And other two came and said, "We saw it at its proper time, and on the night preceding the added day it was not seen"; and Rabban Gamliel accepted them. Rabbi Dosa ben Harkinas said, "They are false witnesses! Can they testify about a woman that she gave birth, and on the morrow her belly is between her teeth?" Rabbi Yehoshua said to him, I approve your words.

Kehati

Rabban Gamliel - the Nasi (President) of the Sanhedrin in Yavneh (succeeding Rabban Yohanan ben Zakkai),

Had illustrations of the - various shapes of the moon on a tablet and on the wall in his upper chamber - i.e., on a tablet fixed onto the wall of his upper chamber, where he received the witnesses of the New Moon, which he showed to the simple - to witnesses who would not understand the questions listed above (mishnah 6), or who were incapable of explaining how they saw the moon, he would show the various diagrams, and he said - to each one of the witnesses, "Did you see like this - drawing, or like this - drawing? and thus he would determine whether their testimony was acceptable.

It once happened that two witnesses came and said, "We saw it - the new moon, on the twenty-ninth day, in the east in the morning - at the beginning of sunrise and in the west in the evening" - (see Rashi, who has another interpretation.) Rabban Yohanan ben Nuri said, "They are false witnesses!" - because it is impossible that on the same day, the moon should appear in the east in the morning and in the west in the evening.

When they came to Yavneh - to the Great Court, Rabban Gamliel accepted them - he accepted their testimony, that they had seen the moon on the twenty-ninth day at night on the west side, for he knew, according to the astronomical calculation of the New Moon that the moon could be seen on that evening; as for their statement that "We saw it in the east in the morning," Rabban Gamliel presumed that they had mistaken a moon-shaped cloud for the moon. And it once happened that other two witnesses came and said, "We saw it - the new Moon, at its proper time - on the night of the thirtieth, and on the night preceding the added day - the night of the thirty-first, it was not seen" - according to one interpretation, they said only "We saw it at its proper time," and the Court and the people therefore expected to see the moon on the night following the thirtieth day, and they did not see it, though the skies were clear (Rashi; Tiferet Yisrael); according to another interpretation, the witnesses made the full statement, i.e., on the night of the thirtieth they said, "We saw it at its proper time," and on the following day they said, "On the night preceding the added day we did not see it" (Rambam; Hameiri; Bartenura);

And Rabban Gamliel accepted them - he proclaimed the new month on the thirtieth day; even though it was not seen on its intercalated night, he considered the new month sanctified from the thirtieth day. Also in this case, the reason was because Rabban Gamliel knew, on the basis of astronomical calculations, that the New Moon was indeed on the night preceding the thirtieth, and he therefore believed that they had seen the moon at its proper time and that for some reason, e.g., a cloud covering it, they did not see it on the intercalated night.

Rabbi Dosa ben Harkinas said, "They are false witnesses!" - for it is impossible that the new moon should be seen at its proper time, but not on the intercalated night. Can they testify about a woman that she gave birth, and on the morrow her belly is between her teeth" - that she is pregnant? So, also, here, how is it possible to believe them, that they saw it at its proper time, if it was not seen on the intercalated night? Therefore, their testimony is null and void.

Rabbi Yehoshua said to him - to Rabbi Dosa ben Harkinas, I approve your words - I agree that they are false witnesses, and Rosh Hodesh should be determined on the thirty-first day, as if the witnesses had not come at all. Rabbi Yehoshua therefore did not accept the New Moon as fixed by Rabban Gamliel.

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