1,244. The Procedure for Accepting Testimony About the Moon

Hilchos Kiddush HaChodesh 2:7

The procedure for accepting the testimony about seeing the moon is as follows: anyone who saw the moon and is qualified to testify should go to the court. The judges would bring all the potential witnesses to a particular place where a large feast was served. This motivated people to make the trip. The first pair of witnesses to arrive were examined using the criteria discussed above (in halacha 2:4). The witness of greater stature was invited in and examined first. If his testimony was corroborated by the court’s calculations, the second witness was invited in. If the results of their examinations were consistent, their testimonies were substantiated. Following this, the remaining pairs of witnesses would be asked more general questions. Really, their testimonies were no longer necessary but the court didn’t want them to feel that they had come for no reason so that they would be inclined to come again in the future.

Hilchos Kiddush HaChodesh 2:8

After substantiating the witnesses’ testimony, the head of the court proclaims, “It is sanctified” and the people respond, “It is sanctified, it is sanctified.” A minimum of three judges is necessary to sanctify the new month and to make the calculations about the moon. The new month is only sanctified when the moon is seen at its proper time. Furthermore, the month is sanctified only by day; if it was sanctified at night, the sanctification is ineffective. Even if the members of the court and the entire Jewish people saw the moon, if the court did not declare it sanctified before nightfall on the 31st day, or if the witnesses were examined but the court was not able to declare the month sanctified before nightfall on the 31st day, it is not sanctified and the preceding month is considered “full” (i.e., 30 days long rather than 29). Even though the moon was seen on the 30th night, the 31st day will be Rosh Chodesh. This is because declaring the new month does not depend on the moon being seen, it depends on the court declaring, “It is sanctified.”