Siman - Rosh Hashanah Daf 25
- Rabban Gamliel’s tradition regarding the length of a month
It was taught in a Baraisa: פעם אחת נתקשרו שמים בעבים – One time, the skies became overcast, and a likeness of the new moon was visible on the twenty-ninth of the month, and the people thought to say that Rosh Chodesh would certainly be declared that day, ובקשו בית דין לקדשו – and Beis Din sought to sanctify it then. Rabban Gamliel then said to them: כך מקובלני מבית אבי אבא – Thus have I received a tradition from the house of my father’s father: אין חדושה של לבנה פחותה מעשרים ותשעים יום ומחצה ושני שלישי שעה ושבעים ושלשה חלקים – The new moon is never less than twenty-nine and a half days, two thirds of an hour, and seventy-three chalakim from the previous one. Rabban Gamliel was saying, that since this amount of time had not elapsed since the previous molad, the likeness of the moon could not have been the new moon. On that day, the mother of Ben Zaza died and Rabban Gamliel gave her a great hesped. Not because she was a woman that was worthy to have the Nasi be maspid her, but in order that people should know that Beis Din had not sanctified the month on that day.
- Rosh Chodesh is valid even when Beis Din chooses the wrong date
The Mishnah at the top of the Daf, brings the incident when Rebbe Yehoshua disagreed with Rabban Gamliel’s decision to accept witnesses’ testimony regarding the new moon, and Rabban Gamliel forced Rebbe Yehoshua to violate the day he held would be Yom Kippur by coming to him carrying his staff and money. The Gemara brings a Baraisa that teaches that Rebbe Akiva sought to comfort Rebbe Yehoshua who was distraught. Rebbe Akiva said to him: רבי תרשיני לומר לפניך דבר אחד שלמדתני – My Rebbe, permit me to tell you one thing that you have taught me. Rebbe Yehoshua said to him: Speak. Rebbe Akiva said that with regard to the designation of the Yomim Tovim, the word "אותם" is repeated three times. In each occurrence it is spelled defectively without the “vav” and is therefore expounded as if it were vowelized as אתם – you. This teaches us, "אתם" אפילו שוגגין "אתם" אפילו מזידין "אתם" אפילו מוטעין – the festivals you declare are valid even if you choose the wrong date in error, even if you choose the wrong date deliberately, meaning they declared Rosh Chodesh on the wrong date for some compelling reason that entitles them to do so, and even if you were misled, which Rashi explains, is a case when they were deceived by false witnesses. Rebbe Yehoshua responded: עקיבא נחמתני נחמתני – Akiva, you have comforted me! You have comforted me!
- ראוהו בית דין יעמדו שנים ויעידו בפניהם
The opening Mishnah of the third perek states: ראוהו בית דין בלבד יעמדו שנים ויעידו בפניהם – If Beis Din alone saw the new moon, two of the judges should stand and testify before the others. The Gemara asks why the two judges should serve as witnesses. לא תהא שמיעה גדולה מראייה – the hearing of witnesses’ testimony should not be greater than one based upon the sighting of the judges themselves. Rashi explains that Beis Din has the directive to sanctify the month on the day it observes the moon in its new phase. There is no express stipulation that sanctification can only occur through testimony. Rebbe Zeira answered: The Mishnah is speaking of a case, כגון שראוהו בלילה – where the judges saw the new moon at night, when they are not authorized to sanctify the new month. Rashi explains that if on the next day witnesses do not come, on what basis can Beis Din be mekadesh the month? Therefore, two judges must detach themselves from Beis Din and serve as witnesses.
