Siman - Rosh Hashanah Daf 22
- Machlokes whether relatives can testify together about the new moon
The next Mishnah states: אב ובנו שראו את החדש ילכו – A father and a son who saw the new moon together should both go to Beis Din. לא שמצרטפין זה עם זה – Not because one may join with the other to testify, but rather, so that if one of them is disqualified, the other can join with a different witness. Rebbe Shimon says: אב ובנו וכל הקרובין כשרין לעדות החדש – A father and a son, as well as all relatives, are kosher to testify together about the new moon. In the Gemara, Rebbe Levi asked, what is Rebbe Shimon’s reason, given that relatives typically cannot testify together, and he answers, for it is written in the parshah of Rosh Chodesh, "ויאמר ה' אל משה ואל אהרן בארץ מצרים לאמר החדש הזה לכם" – Hashem said to Moshe and Aharon in Eretz Mitzrayim, saying, this month shall be for you…– Rebbe Shimon interprets the passuk to mean עדות זו תהא כשרה לכם – “the testimony of the new moon is valid through you,” meaning, through Moshe and Aharon, who were brothers. The Rabbanon interpret this passuk to mean, עדות זו תהא מסורה לכם – “This testimony is placed under your jurisdiction.” Just as Moshe and Aharon were the greatest in their generation, so too the greatest Rabbanon of each generation must receive the testimony and sanctify the new month.
- Two witnesses are sent to identify the witnesses who are testifying about the new moon
The opening Mishnah of the second perek states: אם אינן מכירין אותו - If they, referring to members of the Sanhedrin, who will accept testimony about the appearance of the new moon, do not know the witness משלחין עמו אחר להעידו – they, referring to the court that presides in the witness’ town of origin, send with him another to testify about him. The Gemara asks מאי אחר - what does the Mishnah means when it says that they sent “another” with him? It apparently means that they sent one confirming witness. Yet is one witness believed when he vouches for the trust worthiness of another witness? A Baraisa is brought that mentions that the witness was accompanied by two confirming witnesses. Rav Pappa answers, that אחר means זוג אחר – another pair of witnesses, and the Gemara explains that when the Mishnah said that they do not know "him," it was referring to a pair of witnesses, since two witnesses are needed to testify about the new moon.
- משקלקלו הבייתוסים התקינו שלא יהו מקבלין אלא מן המכירין
The Mishnah stated: בראשונה היו מקבלין עדות החדש מכל אדם – Originally, they would accept testimony about the new moon from any Jewish man. משקלקלו הבייתוסים התקינו שלא יהו מקבלין אלא מן המכירין – When the Beitosim disrupted the process of kiddush hachodesh, the Rabbanon instituted that they should accept only from those known to be trustworthy and loyal Jews. The Gemara brings a Baraisa that elaborates that the Beitosim hired two people for a total of four hundred zuz, one of ours and one of their own, to testify falsely that they had seen the new moon. After the Beitosim witness testified and left, the second witness, who was a loyal Jew, gave an outlandish description of the new moon’s appearance and concluded that if Beis Din does not believe him, there are two hundred zuz in his cloak, which he was given to offer this testimony. He then explained that when he heard that that the Beitosim intended to trick Beis Din, he decided to foil their plot. Beis Din said to him: מאתים זוז נתונין לך במתנה – The two hundred zuz are given to you as a present. Rashi explains that even though he did not complete his mission, they have the right to let him keep the money, based on הפקר בית דין הפקר – When Beis Din declares property ownerless, it becomes ownerless. Moving forward, they only accepted testimony from people they knew.
