MISHNAH: If they¹ do not know him, one sends² another one with him to testify about him. Originally one accepted testimony about the new moon from anybody. After the sectarians³ and Pentecost would be on a Sunday. spoiled they instituted that one would accept only from known persons. Originally they were lighting beacons⁴. After the Samaritans spoiled they instituted that messengers went out.

footnotes: ¹ The High Court which decides the calendar. ² The local rabbinate, to certify the witness to be as qualified rabbinic Jew. ³ The Boethusian sect of Sadducees who were interested in seeing the 15th of Nisan celebrated on a Sabbath so that the `omer ⁴ To quickly announce from Jerusalem to Nahardea in Babylonia that the New Moon had been declared.

HALAKHAH: “If they do not know him,” etc. Rebbi Jonah said, so should the Mishnah be stated: Originally one accepted testimony about the new moon from everybody⁵. If they do not know him, one sends another one with him to testify about him. Rebbi Yose said, even as in the Mishnah it is acceptable: If they do not know him, one sends another one with him to testify about him. Why? Because originally one accepted testimony about the new moon from anybody⁵. May a single witness be believed⁶. 17:6).? They gave you from your own. It should be logical that no witnesses should be needed⁷. But they⁸ said that witnesses were needed, and they said that a single witness may be believed.

footnotes: ⁵ It is presumed that the quote of this sentence includes the next one about the spoiling by the sectarians. ⁵ It is presumed that the quote of this sentence includes the next one about the spoiling by the sectarians. ⁶ It was stated in the previous Chapter (Halakhah 9, after Note 309) that the qualifications for a witness of the new moon are those of witnesses in criminal cases and as a consequence single witnesses are barred by biblical decree (Deut ⁷ Since the appearance of the new moon is a natural phenomenon observable by the Court as well as by any other person. ⁸ The entire set-up is rabbinic; there can be no objections from biblical standards.

Could one witness be believed as two⁹? How is this? If there were two, one whom everybody knows and one whom nobody knows, except that his partner knows him. May his partner teem up with one from the street to testify about him¹⁰? ¹¹2:4, Notes 77–83. The problem is the certification of signatures to prove that a document of indebtedness is genuine and may be used for foreclosure. In that case certainly two independent witnesses are required. Rebbi Ze`ira, Rav Huna in the name of Rav: he¹² and another cannot team up about the signature of the second witness. This is needed in case there were two, one whose signature everybody knows and one whom nobody knows, except that his partner knows him. May his partner be like anybody from the street to testify about him? In that case the entire testimony is confirmed by one witness. Rebbi Yudan said, this is correct. For example, two who came from a town most of whose inhabitants are Gentiles, like Hippos. One of whom everybody knows that he is Jewish and one whom nobody knows¹³, except that his partner knows him. May his partner be like one from the street to testify about him? If you are saying yes, the entire testimony is confirmed by one witness. Also here the entire testimony is confirmed by one witness.

footnotes: ⁹ The testimony of two witnesses is as good as the testimony of 100. If the testimony of two witnesses is contradicted by the testimony of 100, neither testimony is acceptable. But the testimony of a single witness is nothing if contradicted by two witnesses. In the case here, where one witness is accepted as two in a case purely rabbinical, does this also eliminate the biblical rule that the testimony of a single witness is nothing if contradicted by two witnesses? ¹⁰ That he is a qualified witness. ¹¹ The following is essentially from Ketubot ¹² One of the witnesses signed on the document. ¹³ Whether he is Jewish or Gentile. While in general the assertion by a person that he is Jewish is believed, if this is questioned it needs two witnesses since it involves Torah prohibitions. A document signed by a Jew and a Gentile cannot be enforced in a Jewish court.Here starts a new Genizah fragment (G).

There, we stated¹⁴ 3:1. This paragraph and the next are from Yoma 3:1, Notes 5–13.: “The overseer said to them, go and see whether the time of slaughter has arrived. When it arrived, the lookout says, it is radiant.” What means borqi? Barqat¹⁵. There¹⁶ 28b בָּרָק בַּרְקַאי., they are saying, בְּרוֹק בּוֹרְקָה, getting bright, radiant.

footnotes: ¹⁴ Yoma ¹⁵ Radiant, from בָּרָק “lightning”. ¹⁶ In Babylonia; in the formulation of the Babli Yoma

May one witness be believed¹⁷? It is different here since one cannot control him; should we not worry and say, by the time somebody climbs up and goes out it will shine¹⁸? The matter can be verified. If one witness says, this male was born on a Sabbath, one circumcises him on his word¹⁹. It is dark at the end of the Sabbath, one carries (him) on his word²⁰. Rebbi Immi was carrying on the result of elapsed time²¹. Rebbi Mattaniah was carrying on the saying of the moon shining¹. Rebbi Immi was circumcising on the saying of women, the sun was over Hippos²².

footnotes: ¹⁷ The Babli holds in general that a single witness can be believed in matters of prohibitions; the biblical requirement of two witnesses is binding only in criminal cases and matters that may have implications in criminal law. From the present paragraph it seems that the Yerushalmi does not accept this in general but that in cases where one witness is sufficient there is no difference between male or female witnesses. ¹⁸ While the time indicated must be approximately correct, since one asks only at the end of the night, and by the time somebody climbs up to check it clearly will be dawn, this does not prove that at the time of the assertion dawn was really visible. The text cannot be amended and the “not” deleted since it is confirmed by both sources. ¹⁹ Even though circumcising on the Sabbath a child not born on the Sabbath is a deadly sin. ²⁰ This is a new item. One may believe a single witness that it is no longer Sabbath and all Sabbath prohibitions are no longer relevant. The word in parentheses has to be disregarded with G. ²¹ Arabic מלוה “interval of time”. He computed the end of the Sabbath astronomically, for a smooth terrestrial globe; a severe restriction for Tiberias situated on a steep Eastern slope. ¹ The translation of איביריתא is conjectural. The direction of the shining part of the moon indicates the position of the sun, from which its position below the horizon (of a smooth terrestrial globe) can be inferred without complicated computations. ²² Since circumcision has to be performed during daytime, R. Immi is consistently restrictive; in this case he does not rely on astronomical computations of sunrise but on the much later observation of the sun appearing over the mountains to the East since Hippos was on a mountain over the Eastern shore of the Lake of Galilee.

May people who know those who know him desecrate the Sabbath for him²³ p. 1028). There is nobody known to the Court who knows the witness personally, but there is one known to the court who knows a reliable person who can testify that the witness is not a Boethusian. If the new moon is seen on a Sabbath, may the person known to the court go with this acquaintance to certify the witness?? Let us hear from the following²⁴: “[Rebbi]²⁵ Noharai (here) ben²⁶ Shanai said, it happened that I descended to Usha²⁷ to testify for one witness²⁸. They did not need me but I looked for a pretext to see my colleagues.”

footnotes: ²³ The translation and the reading of G follows Liebermann’s correction of Ginzberg’s text (Tosephta kiFshutahMo`ed ²⁴ Tosephta 1:16; Babli 22b. ²⁵ Corrector’s addition from the Tosephta, not in G. ²⁶ The genizah textis to be accepted. ²⁷ The place where the successor to the Synhedrion was constituted in the aftermath of the Bar Kochba uprising. ²⁸ The witness not of seeing the new moon but the reliability of the witness for the new moon.

What spoiling was there²⁹? Because they³⁰ were saying, Pentecost is after the Sabbath; one always was going out in the evening on the presumption that it would be sanctified³¹. Then for Nisan they should not accept³², for the other months they should accept. Rebbi Yose ben Rebbi Abun said, the main spoiling was in Adar³³. Then if it conforms with ours they should accept, if it does not conform with ours they should not accept. One because of the other. ³⁴“It happened that the Boethusian hired two false witnesses to testify on the new moon that it be sanctified. The first came, delivered his testimony, and left. The other one said, I was climbing Maaleh Adumim³⁵. 15:7. when I saw it lying down between two rocks, its head resembling a calf, its ears resembling a kid goat. Is saw it, was taken aback, and stepped backward, and there were 200 denar tied in my money belt. They told him, the 200 denar are given to you as a gift³⁶, but those who sent you should come and be flogged. Why did you put yourself in this questionable situation? He said to them, I saw them trying to trip up the Sages. I said, it is better that I should go and inform the Sages.”

footnotes: ²⁹ This refers to the sectarians mentioned first in the Mishnah. ³⁰ In G correctly: the Boethusians. ³¹ While in theory the day of the New Moon was determined only by observation, most months followed a regular pattern alternation between 29 and 30 days. Since the Sanctification of the Month as judicial act could be done only during daytime, one nevertheless could be reasonably assured on the preceding evening that the day would be one of the New Moon. ³² Since this was the only one of importance for the Boethusians. The majority of the people supported the Pharisees, so the other sects had no chance of seeing their adherents gaining control of the Temple. ³³ If one wants credibly to manipulate the date of the 1st of Nisan, one has to make sure that the 1st of Adar is 29 days before the desired date of Nisan. ³⁴ Tosephta 1:15, Babli 22b. ³⁵ Jos ³⁶ Since it is forbidden to take bribes for false testimony, the witness could not legally have acquired the money given to him as bribe; he needed a court decision to keep it.

And what spoiling was there³⁷? These were kindling this day and those were kindling the next day; they were thinking that the Court was reconsidering and were spoiled³⁸. Who disestablished the beacons? Rebbi disestablished the beacons³⁹, and permitted the murderer⁴⁰, and permitted hearsay⁴¹, and permitted that one was departing in the evening trusting that it would be sanctified⁴². Rebbi Abbahu said, even though you are saying that the beacons were disestablished, they were not disestablished from the Sea of Galilee⁴³. Rebbi Ze`ira asked before Rebbi Abbahu, should those who see Safed light a beacon? He said to him, Rebbi disestablished the beacons. Why would Safed light a beacon? To communicate that they know⁴⁴. One does not light a beacon in the night of its regular time, but in the night of its extension⁴⁵. In the night of its regular time one cannot kindle because of the holiday, but one kindles in the night of its extension⁴⁶. One kindles only for months settled on time⁴⁷ because of a holiday which might fall on a Friday⁴⁸. In the night of its regular time one cannot kindle because of the holiday, in the night of its extension one cannot kindle because of the honor of the Sabbath⁴⁹. For if you are saying, one kindles both for months settled on time [and for months not settled on time]⁵⁰2b.; if you are saying this, they will say that maybe the Court was reconsidering and would be spoiled⁵¹.

footnotes: ³⁷ Referring to the Samaritans mentioned later in the Mishnah. ³⁸ Since the people in Babylonia had no way of determining the origin of the signals, they kept the Day of Atonement on the 11th of Tishre according to the rabbinic calendar. ³⁹ This cannot refer to the beacons described in Mishnah 3, since these start from Jerusalem, and Rebbi’s beacons must have started in lower Galilee, according to Tosephta 1:17 on Mount Tabor. One has to conclude that the beacons were in use all during Temple times and were in some kind re-established by Rabban Simeon ben Gamliel. If the interference of the Samaritans had been dated before the destruction of the Temple, it would be reasonable to infer that they started their beacon near Sartaba. In the scenario described here, the origin must have been in Samaritan communities in Galilee, of which we otherwise have no knowledge. ⁴⁰ A person known to be a murderer but for whose deed there are no proofs which would hold in court, is admitted as witness. ⁴¹ Testimony otherwise not admissible in court permitted for testimony about a New Moon (since anyhow this testimony can be controlled by astronomical computation.) ⁴² If a month was not started on day 30 of the preceding month, it certainly started on day 31. Therefore the messengers for the New Moon may safely depart after the end of day 30. ⁴³ Where local bonfires were lit to keep the remembrance of the prior custom alive. ⁴⁴ As answer to the bonfires below which were visible from Safed. ⁴⁵ If beacons are lit, they are lit in the night of day 31 of the preceding month. ⁴⁶ The problem in all this is New Year’s Day which is both a holiday and a New Moon. One cannot light the beacon in the night of the 30th day because this is part of the holiday where starting a fire is forbidden (and anyhow it would show that the fixation of the new moon by observation was a pretense.) The next night is no longer a holiday and beacons can be lit without restriction. ⁴⁷ Months which need a declaration by the court. If day 30 of a month is not declared the first of the next month then automatically day 31 will be the start of the next month. Beacons are lit after the end of day 30 to signal that this day was declared the first of the new month. If no beacon was lit it is a sign that the court did not act and therefore day 31 must be the first of the new month. ⁴⁸ Which the Court should avoid since it places the day of Atonement on a Sunday and on the preceding day, a Sabbath, one could not cook. ⁴⁹ One could light the beacon only in the night of Sunday, which would give a wrong information in every case. Since one does not light beacons for an extended month, even if on New Year’s Day the beacons are lit a day late nothing can go wrong since the beacon itself is proof that Elul was only 29 days. ⁵⁰ Corrector’s addition supported by G. Tosephta 1:17, Babli 22b, Pesaḥim ⁵¹ Since the beacon cannot be used to distinguish between months of 29 and 30 days.

MISHNAH: How were they lighting the beacons? One brings long logs of cedar, and reed, and oil wood, and linen tow, and ties them with rope. He climbs to the top of the mountain, kindles the fire, moves forward and backward, up and down, until he sees his colleague on the second mountain doing the same, and so on top of the third mountain. Where did one light beacons? From the Mount of Olives to Sartaba, and from Sartaba to Grippina, and from Grippina to Hauran, and from Hauran to Bet Biltin⁵². From Bet Biltin they did not move but he moves up and down until he sees the Diaspora like one fire place⁵³.

footnotes: ⁵² Of these mountain tops only Sartaba, overlooking the Jordan valley East of Nablus, and Hauran (Djebel Drouz) are identified. Since the distance from Hauran to Nahardea and Pumbedita on the lower Euphrates (known as “Diaspora”) is about 500 km, some intermediate stations between Hauran in Syria and Bet Biltin in Mesopotamia must have been omitted. ⁵³ As the Babli reports, 23b, the people of Pumbedita climbed on the flat roofs of their houses and waved their torches in reply.

HALAKHAH: What is oil wood? דדנין⁵⁴. Rebbi Jonah said, like maqazna⁵⁵.

footnotes: ⁵⁴ Krauss conjectures that this is δα̣δίον “pine torch”. ⁵⁵ An unidentified tree.

Rebbi Ze`ura said, that they should not think it was a star⁵⁶. Rebbi Yose said, did we see a star going up and down? Did we see a star going to and fro⁵⁷?

footnotes: ⁵⁶ They moved a torch rather than starting a stationary bonfire so it should be recognized as human signal. ⁵⁷ While one may see fast moving meteors in the sky, they do not reverse course. The retrograde motion of planets takes months or years to observe.

It was stated: The mountains of Machaerus and Gadara⁵⁸. Rav Huna¹ said, when we ascended here, we climbed to the top of Bet Biltin and saw the [date palms of]⁵⁹ Babylonia like thistles.

footnotes: ⁵⁸ It is not totally clear whether these are intermediate stations between Sartaba and Hauran or stations to pick up the signal originating in Galilee (cf. Note 39). Most probably they served in both functions. ¹ Read: Rebbi Ḥuna. ⁵⁹ Corrector’s addition confirmed by G.

MISHNAH: A large courtyard was in Jerusalem called Bet Ya`zeq; there all witnesses assembled and there the Court examined them. A big meal one prepared for them⁶⁰ so they should get used to come. Originally they did not move from there the entire day⁶² 4:1.. The Elder Rabban Gamliel⁶³ restrictions are rabbinic, they can be modified by rabbinic decree. (The biblical Sabbath domain has a diameter of 12 mil; Eruvin Chapter 3, Notes 134–136.) instituted that they could walk 2’000 cubits in every direction⁶⁴. Not only these but also the midwife who comes to assist in a birth⁶⁵, and one who comes to save from a fire, and from the army⁶⁶, and from a collapse⁶⁸, are like the people of the town and have 2’000 cubits in every direction.

footnotes: ⁶⁰ For witnesses who came on a Sabbath. ⁶² If they came from outside the Sabbath boundary. Since they left their own Sabbath domain, according to the later authorities Rabban Gamliel (the younger) and R. Eleazar ben Azariah they may move in the courtyard which they entered with permission or according to R. Joshua and R. Aqiba only within 4 cubits. Mishnah Eruvin ⁶³ The grandfather of Rabban Gamliel of Jabneh (the younger). Since the eruv ⁶⁴ Which means that they can move in the entire city which is counted as 4 cubits, and outside another 1996 cubits. ⁶⁵ And she leaves her Sabbath domain to help. ⁶⁶ A unit of the Roman army, used to steal anything not hidden away. ⁶⁸ A building collapse.

HALAKHAH: “A large courtyard was in Jerusalem called Bet Yazeq*.” What is *Bet Yazeq? There practice was hoed, as you say⁶¹ 5:2. Cf. Babli 23b., he hoed it and removed its stones.

footnotes: ⁶¹ Is.

“Originally they did not move from there the entire day.” They changed⁶⁹ and made them like a vessel which was brought from outside the Sabbath domain after nightfall which one is permitted to move within four cubits. They changed and made them like vessels which started Sabbath in a courtyard which one is permitted to move within the courtyard⁷⁰ cannot be taken out of the courtyard., until the elder Rabban Gamliel came and instituted that they could walk 2’000 cubits in every direction. It was stated, this also applies to one who comes to circumcise a baby⁷¹. The baraita follows Rebbi Eliezer, since we have stated there⁷² 19:1., “in addition, Rebbi Eliezar said, one cuts down trees to make charcoal to make iron⁷³.”

footnotes: ⁶⁹ This implies that at the very beginning of the Second Temple witnesses who came on a Sabbath could not move at all after testifying. ⁷⁰ And without an eruv ⁷¹ If nobody at the place is able to perform the circumcision and the baby has to be circumcised on the Sabbath by biblical decree, the circumciser comes from outside the Sabbath domain with permission and therefore is included in Rabban Gamliel’s decree. ⁷² Mishnah Šabbat ⁷³ Since R. Eliezer permits all preparation to be made on the Sabbath, including manufacturing the knife, he must permit the circumciser to come from outside the Sabbath domain and carry his surgical instruments with him.

MISHNAH: How does one check the witnesses? The couple who comes first one checks first. One brings the more senior in and tells him to say, how did you see the moon? Before the sun or behind the sun? To its North or its South? How high was it, to where did it point, and how wide was it? If he said, before the sun, he did not say anything⁷⁴. One brings the second one in and examines him. If their words are found coherent, their testimony holds up. All other couples one asks main points, not that one needs them but that they should not leave dissatisfied so they would come in the future.

footnotes: ⁷⁴ As explained in the Halakhah, this refers to the concavity of the visible moon, which must point away from the sun.

HALAKHAH: Rebbi Joḥanan said, even the most error-prone person would not err in this matter, before the sun, after the sun⁷⁵? It only is needed for its concavity; the concavity towards the sun, or the concavity away from the sun⁷⁴? Bar Qappara stated both: Before the sun or behind the sun, the concavity towards the sun or the concavity away from the sun? Rebbi Joḥanan said, it is written⁷⁶ 25:2. Babli 23b. Deut. rabba 5(12).: Rule and fear are with Him, Who makes peace in His heights. During the existence of the sun it never saw the defect of the moon.

footnotes: ⁷⁵ Whether the moon was seen closer to the earth than the sun or farther away. ⁷⁴ As explained in the Halakhah, this refers to the concavity of the visible moon, which must point away from the sun. ⁷⁶ Job

⁷⁷. rabba 12(10), Deut. rabba 5(12). Rebbi Simeon ben Yoḥai stated: Since the sky is made of water and the stars of fire and they dwell one with the other without damaging one another, therefore He makes peace in His heights. Rebbi Abun said, the angel himself is half water and half fire and composed of five kinds: His body is like chrysolite, and his face like the looks of lightning, and his eyes like torches of fire⁷⁸. 10:6. The verse continues: and his arms and legs like shining brass, and the sound of his voice like the sound of a multitude., etc. Rebbi Levi said, a constellation⁷⁹ never sees what precedes it; but all of them rise like those who rise on an inverted ladder. The Holy One, praise to Him, created 365 windows for use in the world⁸⁰, 182 in the East, 182 in the West, and one in the middle of the sky from where it appeared first at the creation. What the sun covers in thirty days, the moon covers in two and a half days⁸¹. What the sun covers in two months, the moon covers in five days. What the sun covers in three months, the moon covers in seven and a half days. What the sun covers in six months, the moon covers in fifteen days. What the sun covers in twelve months, the moon covers in thirty. Rebbi Jonah said, this is not the measure; it could be less⁸², 12–15. Leshonenu 39 (1975), 62–69. (Hebrew). than this⁸³.

footnotes: ⁷⁷ Cf. Num ⁷⁸ Dan ⁷⁹ Of the Zodiac. ⁸⁰ For the sun to use during the year. ⁸¹ This is the approximate difference between the sidereal (or nodal) and synodic months. ⁸² Greek παρά, cf. E. Guggenheimer, H. Guggenheimer, Notes on the Talmudic vocabulary ⁸³ Since the (average) difference between sidereal and synodic months is only 2 d 5 h, and even between nodal and synodic months it only is 2d 7h.

It was stated: If it was seen in a glass or in the water one may not testify about it⁸⁴. Rebbi Ḥiyya bar Abba said, if one saw it exiting from one cloud and entering another cloud one testifies about it⁸⁵. As the following. Rebbi Ḥanina went to Eintab⁸⁶ to be counted⁸⁷ and the air was cloudy. He said, now they will say, how bad is the air for this elder. The Holy, praise to Him, drilled for him⁸⁸ like a sieve and it was seen through it. The elder Rebbi Ḥiyya went by the light of the old one four mil⁸⁹. Rebbi Abun threw pebbles on it and told it, do not frighten your master’s children; in the evening we need that you be seen on that side and you are seen from this side⁹⁰. Immediately it disappeared from before him.

footnotes: ⁸⁴ Only direct observation of the new moon can be counted. Babli 24a, Tosephta 1:17. ⁸⁵ There is no minimum time when it must be visible. ⁸⁶ The place where one declared the new moon. ⁸⁷ For the first time after he was appointed to the calendar panel. ⁸⁸ Through the clouds. ⁸⁹ On the day one expected to see the new moon. ⁹⁰ Since the new month starts at the moment the moon as seen from the earth is behind the sun it is clear that the new moon must be seen on the other side from that where the old moon was seen.

“To its North or its South?” There are Tannaim who state, “to its North” his words are accepted. There are Tannaim who state, “to its South” his words are accepted. He who said, “to its North” his words are accepted, from Ṭevet to Tamuz; he who said, “to its South” his words are accepted, from Tamuz to Ṭevet⁹¹.

footnotes: ⁹¹ The Babli 24a makes the changeover at the equinoxes, not the solstices. Ptolemy’s solar and lunar tables make such general statements unnecessary.

“How high was it?” One says, one ox goad, but the other says, two ox⁹² goads. There are Tannaim who state, their statements are coherent, and there are Tannaim who state, their statements are incoherent. He who says, their statements are coherent, if one was standing above and one was standing below. But he who says, their statements are incoherent, if they were standing on equal elevations.

footnotes: ⁹² Babli 24a, Babli version also in Tosephta 1:17.

“How wide was it? A barley corn’s width or less than a barley corn?

“If he said, before the sun, he did not say anything⁷⁴.

footnotes: ⁷⁴ As explained in the Halakhah, this refers to the concavity of the visible moon, which must point away from the sun.

MISHNAH: The president of the Court says, sanctified⁹³, and all people repeat after him, sanctified, sanctified. One sanctifies it whether it was seen in its time or not seen in its time⁹⁴. Rebbi Eleazar ben Rebbi Sadoq says, if it was not seen in its time one does not sanctify it⁹⁵ since Heaven already sanctified it.

footnotes: ⁹³ To declare the day as Day of New Moon. ⁹⁴ “In its time” is the night of day 30 of the preceding month. If the new moon is not seen in that night and the Court does not declare day 30 as New Moon of the next month, the next day automatically is the Day of New Moon since no month is longer than 30 days. ⁹⁵ In every case the discussion about when to declare a New Moon can only be held on day 30.

HALAKHAH: ⁹⁶ 1:2, completely explained there in Notes 138–171. Rebbi Simeon ben Yoḥai stated: You shall sanctify the Fiftieth Year⁹⁷ 25:10. Babli 8b, Sanhedrin 10b.. You shall sanctify years, [but] one does not sanctfy months. But did we not state: “The president of the court says: sanctified”? What means sanctified? Confirmed. It was stated: For sanctifying months one starts⁹⁸ with the most senior person. Rebbi Ḥiyya bar Ada said, the Mishnah says this: “The president of the Court says: sanctified.” It was stated, for intercalation of the year one starts from the side. Rebbi Zebida said, but this lower house do not proceed in this way, for they did not hear what Rebbi Ḥiyya bar Marius and Rebbi Jonah, Rebbi Abba, Rebbi Ḥiyya said in the name of Rebbi Joḥanan: For lengthening the month one starts with the most senior person, for intercalating the year one starts from the side. When Rebbi Joḥanan was participating as the most junior person, they told him, say: “this year is sanctified in its intercalation.” He said, “this year is sanctified in intercalation.” Rebbi Jonathan said, look at the language which the smith’s son taught us. If he had said, “in its intercalation,” I would have said that this refers to the eleven days by which the solar year exceeds the lunar one, but “in intercalation”, that the Sages added thirty days to it [and intercalated it.]⁹⁹ Rebbi Jacob bar Aḥa, Rebbi Yasa in the name of Rebbi Joḥanan: For intercalation one follows the date of ordination. In the Academy one follows usage; each one gives his opinion at his place and sums up. For example, Rebbi Ḥanina started, Rebbi Joḥanan and Rebbi Simeon ben Laqisch summed up. Rebbi Abba bar Zavda started, Rebbi Ḥiyya, Rebbi Yasa and Rebbi Immi summed up. Rebbi Ḥaggai started, Rebbi Jonah and Rebbi Yose summed up. Rebbi Cahana was ordained before Rebbi Jacob bar Aḥa, but Rebbi Jacob bar Aḥa participated in intercalation before Rebbi Cahana was invited. He said, the person who formulated the tradition does not respect it for himself.

footnotes: ⁹⁶ The entire Halakhah was copied in Sanhedrin ⁹⁷ Lev. ⁹⁸ Polling the judges’ opinions. ⁹⁹ Corrector’s (unnecessary) addition.

Rebbi Ḥiyya bar Abba was standing praying. Rebbi Cahana came and stood behind him in prayer. When Rebbi Ḥiyya had finished, he sat down in order not to walk by him. [Rav Cahana spent a long time praying.]¹⁰⁰. After he finished, he told him, is that your way to make your superiors suffer? He told him, I am a descendant of the House of Eli, of whom it is written¹⁰¹. 3:14. Babli 18a.: if the sin of the House of Eli would forever be atoned for by sacrifice and offering. By sacrifice and offering it cannot be atoned for, [but] it can be atoned for by prayer. He prayed for him, he reached old age while his fingernails remained red like those of a small child.

footnotes: ¹⁰⁰ In this paragraph, the corrector’s additions are from Sanhedrin ¹⁰¹ 1S

They preferred an old man to Rebbi Simeon ben Laqish for intercalation but had to remove him by the other door. He said, this be their reward. He did not hear what Rebbi Crispus said in the name of Rebbi Joḥanan: It happened that the year was intercalated by three cow hands¹⁰² 18b.. One said, in Adar, early and late grain sprout together. Another one said, if in Adar the East wind blows, open your jaws and go towards it. Another one said, in Adar the ox will die naked and try to strip off his hide under the fig tree. And we see that this year nothing of these applies. They intercalated the year on their word. Rebbi Ḥelbo said, because the Court agreed with them. Did not Rebbi Ze`ira say, but they all have to agree to the same reason? But since they all agree with one another it was that they all agreed as to the reason.

footnotes: ¹⁰² Babli Sanhedrin

Why was Rebbi Simeon ben Laqish offended by this? He was worried about what Rebbi Eleazar said, since Rebbi Eleazar said¹⁰³. 13:9. Babli Ketubot 112a.: My hand will be against the prophets who see vain things and who conjure lies, in my people’s council¹⁰⁴ they shall not be; that is the secret of intercalation; in the documents of the House of Israel they will not be inscribed; that is ordination; and to the earth of Israel they shall not come; that is the Land of Israel. Rebbi Eleazar said, when I came here, I said, I have one. When they ordained me, I said, I have two. When I was asked to participate in the intercalation, I said, I have all three with me.

footnotes: ¹⁰³ Ez ¹⁰⁴ Identifying biblical סוד “council” with rabbinic סוד “secret”.

Rebbi Abba bar Zavda in the name of Rav: The reason of Rebbi Eleazar ben Rebbi Ṣadoq: When the Heavenly Court sees that the earthly Court did not sanctify it, they sanctify it¹⁰⁵.

footnotes: ¹⁰⁵ When the Heavenly Court sees that the Earthly Court did not sanctify the 30th day, they automatically sanctify the 31st day.

MISHNAH: Rabban Gamliel had pictures of the moon phases on a tablet¹⁰⁶ and on the wall on his upper floor which he showed to the common people¹⁰⁷ and asked, did you see it like this or like that? It happened that two came and said, we saw it in the morning in the East and in the evening in the West¹⁰⁸. Rebbi Joḥanan {ben Nuri} said, they are false witnesses. Rabban Gamliel accepted them when they came to Jabneh. Another time two came and said, we saw it on time, and in the night of the addition¹⁰⁹ it was not seen, but Rabban Gamliel accepted them. Rebbi Dosa ben Hyrkanos said, they are false witnesses. How can one testify about a woman that she gave birth and the next day she is in labor pains? Rebbi Joshua said to him, I am agreeing with your words.

footnotes: ¹⁰⁶ Latin tabula. ¹⁰⁷ Who are not trained in astronomy but come to testify. Greek ̓ιδιώτης. ¹⁰⁸ Since the new moon appears from behind the sun, the entire period near a new moon it must be close to the sun, in the East in the morning and the West in the evening. R. Joḥanan ben Nuri does not dispute this fact but he holds that the time elapsed between in the disappearance of the old moon in the East and the appearance of the new moon in the West must be more than 12 hours. ¹⁰⁹ The night of the 31st of the old month.

HALAKHAH: Rebbi Simlai said, the reason of Rebbi Joḥanan ben Nuri is that for any month which starts before noontime the eye is not able to see the old moon. And it was stated thus: If the old moon was seen in the morning, the new moon is not seen in the evening¹¹⁰. If the new moon was seen in the evening the old moon was not seen in the morning. Rebbi Ḥiyya bar Abba said, why did Rabban Gamliel accept them? Because he had a tradition from his forefathers that sometimes it moves in a shortcut, sometimes it moves on an extended path¹¹¹.

footnotes: ¹¹⁰ Cf. Babli 20b. ¹¹¹ Babli 25a. The deviation of the actual from the mean month may be up to ±12 hours.

MISHNAH: Rabban Gamliel sent to him, I am decreeing about you that you shall come to me with your staff and your money purse on the day when the Day of Atonement¹¹² should be according to your computation. Rebbi Aqiba went and found him afflicted. He said to him, I have to infer that all which Rabban Gamliel does is valid, as it is said¹¹³ 23:2., these are the festive times of the Eternal which you have to proclaim. Whether on the correct time or not the correct time, I only have these as festive times¹¹⁴.

footnotes: ¹¹² When it is forbidden to carry in the public domain since all the rules of the Sabbath are applicable to the Day of Atonement. As the sequel shows, the disagreement must have been about the determination of Elul. ¹¹³ Lev. ¹¹⁴ Those which are proclaimed by the court entrusted with the regulation of the calendar.

HALAKHAH: To whom did he send? Since it was stated¹¹⁴, Rebbi Joshua said, it would have been better for me would I be sick in bed and Rabban Gamliel had not sent this, it implies that he sent to Rebbi Joshua. Through whom did he send? Since it was stated¹¹⁴, in the following expression he said to him, Aqiba, you consoled me, it implies that he sent through Rebbi Aqiba. What should he have inferred? Rebbi Yose said, we know that if they sanctified it without witnesses it is sanctified. For what does he testify? “For if they sanctified it and then the witnesses were found perjured, it is sanctified.¹¹⁵” But did we not state¹¹⁶, “it happened that more than 40 couples passed by and Rebbi Aqiba held them back in Lydda”? Because they are 40 couples. But if it had been a single couple he would not have held them back.

footnotes: ¹¹⁴ Those which are proclaimed by the court entrusted with the regulation of the calendar. ¹¹⁴ Those which are proclaimed by the court entrusted with the regulation of the calendar. ¹¹⁵ Tosephta 2:1. זומם is not testimony that is simply false but one that is impossible, in that the witnesses were proven not to have been at a place where they could have seen the matter to be testified about. Since the testimony was not simply false but the witnesses were no witnesses, the Tosephta proves that declaration of the new month without any supporting testimony is valid. ¹¹⁶ Chapter 1:6, Note 278. The Mishnah is no proof that witnesses are not really needed; he held the witnesses back since he considered their group travel an abuse of the permission granted to travel on the Sabbath.

MISHNAH: He came to Rebbi Dosa ben Hyrkanos, who said to him, if we came to investigate the Court of Rabban Gamliel, we would have to investigate every single Court¹¹⁷ which was formed since the times of our teacher Moses up to today, as it is said¹¹⁸ 24:9., Moses and Aaron, Adav and Avihu, and seventy of the Elders of Israel ascended. Why were the names of the seventy Elders not given? To teach that any three who formed a Court for Israel are equivalent to the Court of Moses. He¹¹⁹ took his staff and his money in his hands and went to Rabban Gamliel at Jabneh on the day that was the day of Atonement according to his computation. Rabban Gamliel rose, kissed him on his head, and said to him, come in peace, my teacher and my student. My teacher in wisdom, and my student since you accepted my words.

footnotes: ¹¹⁷ Duly empowered to treat calendar matters. ¹¹⁸ Ex. ¹¹⁹ R. Joshua.

HALAKHAH: It is written¹²⁰. 12:6., the Eternal Who made Moses and Aaron and Who brought up etc. ¹²¹. 12:11.Then the Eternal sent Yerubbaal, and Bedan, and Yephtah, and Samuel. Yerubbaal is Gideon¹²². 6:32.. Bedan is Simson¹²³. 7:17, as name of a Gileadite. Since nothing is otherwise known of this person and he is not mentioned as a Judge, the word is not read as a proper name but as a statement, “in Dan”; referring to Simson, the only Judge of the tribe of Dan.. Yephtah is Yephtah the Gileadite. He combined the three most lightweight of the world¹²⁴, Simson is depicted as rather dumb, and Yephtah, judged by the standard of rabbinic law, showed his incompetence in the case of his daughter’s vow. with the three most powerful of the world, to teach you that the Courts of Gideon, and Yephtah, and Simson are of equal consideration as those of Moses, Aaron, and Samuel. Not only this but He mentioned the great ones on both sides and the little ones in the middle¹²⁵.

footnotes: ¹²⁰ 1S ¹²¹ 1S ¹²² Jud ¹²³ The name Bedan appears again in 1Chr ¹²⁴ Gideon is suspected of introducing aspects of paganism into Jewish worship with his ephod ¹²⁵ Babli 25a.

“Rabban Gamliel rose, kissed him on his head, and said to him, come in peace, my teacher and my student.” My teacher in wisdom and my student in the fear of sin. My teacher in wisdom and my student since all that I am deciding about him he fulfills. It is written¹²⁶ 144:14. The verse can be translated as: our bulls are carrying, there is neither a breach, nor an escape, nor crying in our streets., our chiefs are patient. Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Joḥanan said, [it is not written our bulls are carrying but]¹²⁷ our chiefs are patient. When the great ones suffer the smaller ones then there is neither breach, nor tumult, nor crying in our streets. Rebbi Simeon ben Laqish inverts this verse. It is not written (our bulls) [the bulls]¹²⁸ 17a/b. are carrying but our chiefs are tolerated. When the smaller ones tolerate the greater ones then there is neither breach, nor tumult, nor crying in our streets.

footnotes: ¹²⁶ Ps. ¹²⁷ Corrector’s addition from R. Simeon ben Laqish’s interpretation; unnecessary. ¹²⁸ Here also the corrector’s change of the biblical text is not warranted; without changing the letters of the text the meaning is changed from cattle breeding to politics. Cf. Babli Berakhot

¹²⁹. rabba 6(1), Pesiqta dRav Cahana Haḥodesh, Pesiqta rabbati 15 (Haḥodesh). Rebbi Shila from Kefar Tamarta in the name of Rebbi Joḥanan: He made the moon for festive times, the sun knows its destination¹³⁰ 104.19.. Because the sun knows its destination, He made the moon for festive times¹³¹. Rebbi Berekhiah said, it is written¹³². 33:3. The argument is about the statement in the verse, on the 15th day of the month.: They travelled from Rameses in the first month,etc. When {the sun} sets on the nights of the holiday there were fourteen settings preceding it¹³³. This means that one counts for the moon from the setting of the sun. Rebbi Simon said, they shall be¹³⁴. 1:14. At the creation it is stated that sun and moon together determine the holidays., by both of them. Rebbi Joḥanan said, it was evening, it was morning, one day¹³⁵. 1:5. Without the preceding evening the day is not complete and is not counted.. Rebbi Simeon ben Laqish said, the month¹³⁶ 12:2. Since “month” is written defective, it may be read “new”., until it be totally from the new one. You are finding to say, what Rebbi Joḥanan said requires the statement of Rebbi Simeon ben Laqish, and what Rebbi Simeon ben Laqish said requires the statement of Rebbi Joḥanan. If Rebbi Joḥanan had stated his but Rebbi Simeon ben Laqish had not made his statement, we would have said that he only said that all might be from the new one¹³⁷. does not indicate any relationship with the declaration of the new moon; therefore the verse in Ex. is needed.. Therefore it is necessary that Rebbi Simeon ben Laqish made his statement. Or if Rebbi Simeon ben Laqish had stated his but Rebbi Joḥanan had not made his statement, we would have said that he stated day, therefore not night¹³⁸ does not indicate how a day is defined. Without the verse in Gen. we could split a day between two months. Babli 20b.. Therefore what Rebbi Joḥanan said is necessary and what Rebbi Simeon ben Laqish said is necessary.

footnotes: ¹²⁹ Parallel sources are Gen ¹³⁰ Ps. ¹³¹ Since the motion of the sun through the seasons is almost not perceptible, holidays are defined by phases of the moon. ¹³² Num ¹³³ This implies that the time of sunset on the first of Nisan must already be part of the new month. ¹³⁴ Gen ¹³⁵ Gen ¹³⁶ Ex. ¹³⁷ The verse in Gen ¹³⁸ The verse in Ex.