MISHNAH: If the Court and all of Israel saw it, the witnesses were interrogated but they did not manage to say “sanctified” before nightfall, it is prolonged¹. If the Court alone saw it, two of them shall stand and testify before them, and they shall say “sanctified, sanctified”. If three who form a court² saw it, two of them shall stand up, let two of their colleagues sit with the single one, testify before them, so they can say “sanctified, sanctified”, since no single individual is empowered by himself³ 1:2..

footnotes: ¹ Even though everybody knows that day 30 of the preceding month should have been declared as first of the new month, if it is not declared so by the Court empowered to establish the calendar then automatically day 31 will be the first of the next month. ² Three duly ordained members of the Calendar Court. ³ Mishnah Sanhedrin

HALAKHAH: “If the Court and all of Israel saw it,” etc. So is the Mishnah: Either the court or all of Israel⁴.

footnotes: ⁴ The statement that the day is not consecrated as New Moon unless the authorized Court pronounces it sanctified applies to all cases, whether there are outside witnesses or not.

Rebbi Zeira, Rebbi Immi in the name of Rebbi Joshua ben Levi: One entangles one who was seen to prolong it; one does entangle one who was not seen to sanctify it⁵. Rebbi Abba and Rebbi Ḥiyya in the name of Rebbi Joshua ben Levi: One entangles one who was not seen to sanctify it, one does not entangle one who was seen to prolong it⁶. The Mishnah disagrees with Rebbi Zeira: “If the Court and all of Israel saw it, the witnesses were interrogated but they did not manage to say “sanctified” before nightfall, it is sanctified⁷.” Because of nightfall. Therefore not if there was no nightfall. This implies that one does not entangle one who was seen to prolong it⁸. A baraita disagrees with Rebbi Abba: “I could think that if two days were needed, one adds two days. The verse says, it. There is authorization only for one day⁹ 10(6); The verse referred to should be Lev. 23:4, where one reads אוֹתָם. There does not exist a verse referring to the first of a month using the expression אוֹתוֹ..” This implies that one does not entangle one who was not seen to sanctify it. A baraita disagrees with Rebbi Abba: “I could think that just as one intercalates a year according to necessity so one would sanctify the month according to necessity. The verse says, the new moon, one follows the new moon.¹⁰ 10(5). There never can be a month of 28 or 31 days.” This implies that one does not entangle one which was not seen to sanctify it. A baraita disagrees with Rebbi Abba: “I could think that if the moon was not seen for two days, they should sanctify the next month for two days. The verse says, they, there are, those would not be My festive seasons¹¹ 23:34 but here it is Lev. 23:4.”. Because it was not seen; therefore not if it had been seen¹². This implies that one does not entangle one who was not seen to sanctify it. They wanted to say that they do not disagree. What Rebbi Ze`ira said, about all other months; what Rebbi Abba said, about Nisan and Tishre¹³.

footnotes: ⁵ Babli 20a. “Entangle” in this case means that one conducts the cross-examination of the witnesses in such a way that they get confused and confess that they cannot exactly testify to the appearance of the new moon, leaving the Court without witnesses. In this version, one may confound witnesses about what they saw, but not about what they did not see. ⁶ In this version one may not interfere with true testimony, but the court always may declare the 30th day as belonging to the next month. ⁷ As noted at the end of Halakhah 2:6, the 31st day is automatically sanctified at sundown after the 30th. ⁸ The Mishnah implies that the 31st day becomes consecrated only because of the slowness of the Court; no intentional dragging of feet. ⁹ Sifra Emor Pereq ¹⁰ Sifra Emor Pereq ¹¹ Tosephta 2:3, the verse referred to in the Tosephta is Lev ¹² If it was not seen one could not retroactively declare the month to start from day 30. ¹³ Babli 20a, minority opinion of Abbai.

¹⁴ 10:2 (Notes 41–55) and Sanhedrin 1:2 (Notes 213–215). Rebbi says, Nisan was never lengthened. But did we not state¹⁵ 4:5.: “If the New Moon appeared in time”? If it would appear; it did not appear. Rav said, Tishre was never lengthened. But did we not state¹⁶ 10:2.: “If the month was long”? If it would be; it never was.

footnotes: ¹⁴ This and the following paragraphs also are found in Ševiit ¹⁵ Mishnah Šeqalim ¹⁶ Mishnah Ševiit

¹⁷ 3:11, Sifra Emor Parashah 11(5); Babli 32a.“When they sanctified the year at Usha, on the first day Rebbi Ismael, the son of Rebbi Joḥanan ben Beroqa, led and recited following the opinion of Rebbi Joḥanan ben Nuri. Rabban Simeon ben Gamliel said, we did not follow this at Jabneh. On the second day, Rebbi Ḥananiah, the son of Rebbi Yose the Galilean, led and recited following Rebbi Aqiba. Rabban Simeon ben Gamliel said, this we did follow at Jabneh.” But does this not mean that they sanctified it on the first and the second day? Rebbi Ze`ira in the name of Rav Ḥisda: That year was disorganized. What is “on the first, on the second”? Rebbi Abba in the name of Rav: The first year, the second year! But was it not stated: the first day, the second day?

footnotes: ¹⁷ Tosephta Roš Haššanah

“If they sanctified it before its time or after its lengthening, should I assume it was lengthened? The verse says, them, them; not these are My holidays? Before its time, the 29th day; after its lengthening, the 32nd day.”¹⁸ 9(3). Lev. 23:2 prescribes publication of the dates of festivals. The masoretic text has אֹתָם “them” as if it were אַתֶּם “you”, empowering the High Court to determine the times even in disagreement with the astronomical data. From where that one intercalates for the year because of the diaspora¹⁹ who set out but did not yet arrive? The verse says, the Children of Israel. Make the holidays so they can be observed by all of Israel. Rebbi Samuel bar Naḥman said, only if they had reached the river Euphrates.

footnotes: ¹⁸ Sifra Emor Parashah ¹⁹ The Babylonians who come to Jerusalem in caravans to celebrate Passover.

²⁰ 10:2, Note 56. Rebbi Jacob bar Aḥa, Rebbi Immi in the name of Rebbi Jehudah bar Pazi: “If they sanctified it and after this the witnesses were found perjured, it remains sanctified²¹ 10(2)..” Rebbi Yose met Rebbi Jehudah bar Pazi. He asked him, did your hear this from your father? He answered him, so said my father in the name of Rebbi Joḥanan, one is not fussy with testimony of the new moon.

footnotes: ²⁰ Ševi`it ²¹ Tosephta 2:1, Sifra Emor Pereq

²² 9:1 (Notes 18–19), and a reformulation in Sanhedrin 1:1, Notes 127–138. The first sentence deals with the ceremony of breaking the neck of a calf to atone for an unsolved murder (Deut. 21:1–9), whose rules are in Soṭah 9:1. If the Court saw the killer; even if they said, if we saw him we would not recognize him, they would not break the neck, for it is written, our eyes did not see²³. 21:7. in any way, and they did see. And if the court saw the killer, some Tannaïm state: two of them become witnesses and testify before the rest of them. There are Tannaïm who state that they all are witnesses and have to go and testify before another place²⁴. Rebbi Jehudah ben Pazi in the name of Rebbi Ze`ira: As they differ here, so they differ about testimony for the New Moon²⁵.

footnotes: ²² The text here is closely parallel to one in Soṭah ²³ Deut ²⁴ They hold that a witness is automatically disqualified as a judge since he has an opinion about the case before the start of the proceedings. ²⁵ Whether members of the Synhedrion who saw the New Moon may act as witnesses before their colleagues.

Why cannot always one stand up and one sit down²⁶? There is a difference because a witness cannot be a judge²⁷. Rav Huna knew testimony for somebody. He²⁸ came and wanted to have the suit judged before Rav Huna, and denied all. Rebbi Samuel ben Rav Isaac told him, because you know that Rav Huna is an important person²⁹ you deny everything. What if Rav Huna went and testified against you in another court? Rav Huna asked him, does one do that? He answered, yes. Rav Huna recused himself from that suit, went, and testified before another court³⁰ 25b, Bava qamma 90b..

footnotes: ²⁶ This now refers to the Mishnah here which prescribes that if three members of the Court saw the New Moon, one of them may sit with two others as a court and the other two who saw the New Moon appear as witnesses before them. The question arises, why does one have to call two others; would one not be sufficient if alternatingly one stands up as a witness and one sits down as a judge. ²⁷ Even if one does not hold that a potential witness be automatically disqualified as a judge, he must hold that once a person acted as a witness he is disqualified as a judge. ²⁸ Rav Huna knew testimony for a creditor. The debtor required that the suit be heard in Rav Huna’s court. He knew that Rav Huna, as judge, could not act as witness and was prevented from using his knowledge in his judgment. He thought it was safe to deny any debt. ²⁹ As Rav’s successor, he was Chief Judge of all courts under the jurisdiction of the Academy of Sura. The debtor assumed that a Chief Judge could not appear in a lower court. ³⁰ This decides practice. A judge who knows of the case has to disqualify himself and appear as a witness in another court not under his jurisdiction. The Babli agrees, Roš Haššanah

If a doubt was raised about the signature of the witnesses, about the signature of the judges. Rebbi Abba in the name of Rav Jehudah: If he wants to confirm by handwriting of the witnesses he may so confirm, by the handwriting of the judges he may so confirm³¹; but I am saying, he may confirm even by one witness, even by one judge³². In the days of Rebbi Abbahu they intended to say גּוֹאֲלֵינוּ but said גְּאוּלָּתֵינוּ, and he accepted them³³. In the days of Rebbi Berekhiah they became paralyzed. He asked them, did you hear that the New Moon was sanctified? They bowed their heads and he accepted them³⁴.

footnotes: ³¹ If it was claimed that a document or a judgment was falsified because the signatures on the documents were fake, it is not necessary to have the signatures verified by two witnesses each but one may present uncontested documents to the court from which by comparison the genuinness of the signatures may be inferred. ³² Since this is not new testimony, but affirmation of a prior one, a single witness may be believed. ³³ It is not clear what happened there; in any case it referred to testimony about the consecration of a New Moon and the usual standards of cross examination were waved. ³⁴ As testimony that the Patriarch’s Court had declared a New Moon. Since R. Berekhiah is slightly younger than R. Yose who published the rules of calendar computation, it shows that with the publication of the rules the prior way of consecrating the day of the New Moon did not cease; that only happened when the Patriarchate was abolished by the Byzantine government.

MISHNAH: All shofarot³⁵, even though etymologically the word means “ram’s horn.” are qualified except from bovines because this is a horn. Rebbi Yose said, are not all shofarot called horn, as it is said³⁶. 6:5., when the ram’s horn sounds, when you hear the sound of the shofar.

footnotes: ³⁵ In rabbinic terminology all horns of animal origin are called shofar ³⁶ Jos

HALAKHAH: They wanted to say that they do not disagree³⁹. It was found stated , Rebbi Yose qualifies one from cattle but the Sages disqualify. What is the reason (of the rabbis) [of Rebbi Yose]⁴⁰. The ram’s horn explicitly is called shofar.? It will be when the ram’s horn sounds. What is the reason (of Rebbi Yose) [of the rabbis]? Better than a cattle bull, sporting a horn, split-hoofed⁴¹ 69:32. In the Babli, R. Yose argues that the pleonasm “cattle bull” שור פר contains the letters of שופר.. It is written “of horn”⁴² missing; so it should be read as noun, madeof horn. The plene spelled word מקרין (wrongly spelled in this way in the quote), could be read as “radiating”.. And the rabbis? All shofarot are called horn and are called shofar except from cattle which is called horn but is not called shofar. They objected, there is that from mountain goat which is called neither horn nor shofar⁴³ does not prove anything since horns from mountain goats likewise are never mentioned but used in the Temple service.! What about it? Following what Rebbi Levi said, there is a difference because no accuser becomes a defense attorney⁴⁴.

footnotes: ³⁹ That the rabbis and R. Yose disagree about the meaning of the word but not about practice. This is shown to be false. ⁴⁰ The text in (parentheses) is the scribe’s, the one in [brackets] the corrector’s. The corrector’s text should be deleted since the scribe’s text is supported by the Babli, 26a. The rabbis note that in the verse from Jos ⁴¹ Ps. ⁴² In the masoretic text, the word is written defectively, with the yof hiph`il ⁴³ The argument that in Scripture cattle horns are never called shofar ⁴⁴ For the Greek words cf. Chapter 1, Notes 241,242. Babli 26a. The meaning is that since the Golden Calf had the shape of a bovine, it is inappropriate to use any bovine part in connection with prayers for the remission of sins.

MISHNAH: The shofar of New Year’s Day³⁷ has no mouthpiece and is not accompanied by trumpets. is a straight one from a mountain goat, around its mouthpiece covered with gold, and two trumpets by its sides. The shofar is long and the trumpets short³⁸ sounds. because the obligation of the day is by the shofar.

footnotes: ³⁷ In the Temple; at all other places the shofar ³⁸ The trumpets give a short introductory sound, followed by the full sequence of the prescribed shofar

HALAKHAH: ⁴⁵ Rebbi Jonah said, so they should straighten out their thoughts in repentance⁴⁶ has to be straight. Babli 26b..

footnotes: ⁴⁵ Discussion of the second half of Mishnah 2 which in the separate Mishnah mss. is a separate Mishnah or is combined as one with the following Mishnah 3. ⁴⁶ Aggadic explanation why the shofar

“Around its mouthpiece covered with gold.” If it was gilded inside it is disqualified, outside it is qualified. If he gilded it at the mouthpiece or if its sound became heavy because of the gilding it is disqualified⁴⁷.

footnotes: ⁴⁷ Babli 27a.

Rebbi Yose said, this implies that one who heard part of a straight sound from one who was practicing did [not]⁴⁸ fulfill his obligation⁴⁹ from a person practicing, i. e., not intending to blow in fulfillment of a biblical command either for himself or for others, did not fulfill his obligation. Now the Mishnah does not say that in the Temple the trumpets blow alone to alert people to listen to the coming shofar sounds, but they blow a short sound, implying that the person who blows the shofar started with them and then continues alone. By necessity what he blows is the straight sound with which any shofar sequence starts, and the sound which is mixed with the sound of trumpets cannot be counted as fulfilling the commandment to listen to the shofar on New Year’s Day. Since it is clear that no commandment could have been satisfied if the trumpets had sounded all the time the straight shofar sound was produced, the sound produced during the trumpet blowing may well be compared to a sound produced by a person practicing his shofar blowing.. And where is this said? “If he blew straight for the first set and continued a double length for the second he has only one in his hand.⁵⁰” Rebbi Abba bar Zamina in the name of Rebbi Ze`ira: Not even one is in his hand. Why? The beginning combines with the end and the end combines with the beginning. The first part has no end and the second part has no beginning⁵¹.

footnotes: ⁴⁸ Corrector’s addition, to be deleted. ⁴⁹ It is stated in Mishnah 4:10 that one who heard the shofar ⁵⁰ Mishnah 4:11. The minimum prescribed sounds are three sets of first a straight sound, then a modulated sound, followed by a straight sound, of approximately equal durations. If there is no interruption between the final straight sound of one set and the starting one of the next, there is only one straight sound. The double duration does not make it two sounds. Instead of having two sets: monotone, modulated, monotone; monotone, modulated, monotone, one has monotone, modulated, monotone, modulated, monotone, which does not correspond to any prescribed sequence. ⁵¹ When Mishnah 4:11 states that “he has only one in his hand,” this means one monotone sound; it does not imply one set of the required sequence.

MISHNAH: On fast days⁵² it was from bent ram’s horns, around the mouthpiece covered with silver, and two trumpets in the middle⁵³.. The shofar is short and the trumpets drawn out because the obligation of the day is by the trumpets⁵⁴. 10:9..

footnotes: ⁵² Either because of a drought or a public calamity. ⁵³ This implies that there were two shofarot ⁵⁴ Num

HALAKHAH: Rebbi Jonah said, so they should bend their thoughts in prayer⁵⁵.

footnotes: ⁵⁵ Same argument as Note 46, applied to fast days.

They were blowing before Rebbi Joshua ben Levi on a fast day⁵⁶, but the historical fast days connected with the destruction of the Temple, such as the 17th of Tammuz and the 9th of Av, for which obviously there is no Temple precedent.. Rebbi Yose asked, should they not blow before him with trumpets? He had not heard what was stated, trumpets in the Temple, no trumpets in the countryside⁵⁷. Should they not pray 24⁵⁸ prayer on fast days for rain, as described in Mishnah Taanit* 2:2. before him? As the following, Rebbi Joḥanan on the Ninth of Av was praying 24 but ordered his students, do not learn this action from me; because it was a problem for him whether it was mourning or a public fast day⁵⁹ 12b it is stated that the 9th of Av is a public fast day, the meaning of the statement is the same as the statement here that it is not a public fast day. The Babli states that it is like a public fast day in that it includes the preceding night in the fast, unlike the other historical fast days, the Yerushalmi states that it is not a public fast day in that all the rituals spelled out in *Taanit Chapters 2,3 do not apply. Both statements are true in actual practice.. Rebbi Yose in the name of Rebbi Joshua ben Levi: It is not a public fast day. Rebbi Jonah, Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: It is mourning, it is not a public fast day. Rebbi Zeira said, the case of Rebbi Joḥanan implies that a person prays four [times] of the Ninth of Av⁶⁰), and shortly before the end of the fast (*neilah*.) This is prescribed for public fasts in Mishnah Ta`anit 4:1 and contradicts the statement of R. Joshua ben Levi which is accepted practice.. He only said four, but not 24.

footnotes: ⁵⁶ As the sequel shows, these are not the days of fasting for rain discussed in Tractate Taanit ⁵⁷ Since trumpets are prescribed for the Temple service (Note 54), they are prohibited for religious observances outside. Babli 27a. ⁵⁸ The 24 parts of the Amidah ⁵⁹ While in the Babli Taanit ⁶⁰ He prescribes prayers in the evening, morning, afternoon (Minḥah

MISHNAH: The Jubilee⁶¹ sets Hebrew slaves free and returns land to its hereditary owners (Lev. 25:9). is equal to New Year’s Day in blowing and prayer⁶² prayer is supposed to consist of 9 benedictions and after each of the three middle ones one blows the shofar (Mishnah 4:6–7).. Rebbi Jehudah says, on New Year’s Day one blows from rams, on the Jubilee from mountain goats.

footnotes: ⁶¹ The Day of Atonement in the Jubilee year when blowing the shofar ⁶² On the Day of Atonement of the Jubilee year also the musaf

HALAKHAH: I am the Eternal, your God, these are Malkhiot. Remembrance of trumpet sounds, these are Zikhronot. The shofar of trumpet sound, these are Shofarot. So far New Year’s Day⁶² prayer is supposed to consist of 9 benedictions and after each of the three middle ones one blows the shofar (Mishnah 4:6–7).. “The Jubilee? You shall convey the shofar of sounds in the seventh month, on the tenth of the month, on the Day of Atonement. The verse did not have to say, in the seventh month. Why did the verse say, in the seventh month? Only that everything you are doing on New Year’s Day do on the Tenth of the Month. Since here there are Malkhiot, Zikhronot, and Shofarot, also there are Malkhiot, Zikhronot, and Shofarot.⁶³2(3), even though there the rules for the Day of Atonement of the Jubilee are taken for granted and those for New Year’s Day are derived. The argument is that the determination of the date in Lev. 25:9 is unnecessarily complicated since everybody knows that the day of Atonement is the 10th of the 7th month. Therefore it is implied that the 7th month only is mentioned to indicate that the rules for all shofar blowings in the 7th month must be equal.”

footnotes: ⁶² On the Day of Atonement of the Jubilee year also the musaf ⁶³ Sifra Behar Parashah

⁶⁴ 11(7), Behar Parashah 2(4); Babli 33b/34a.“From where that there is a single sound preceding? The verse says, you shall convey the shofar. And from where that there is a single sound afterwards, the verse says, you shall convey the shofar⁶⁵ 25:9 reads: You shall convey the shofar of sounds in the seventh month, on the tenth of the month; on the Day of Atonement you shall convey the shofar in all of your land. It seems that they interpret “convey” as conveying a single sound.. So far the Jubilee, New Year’s day? You shall convey the shofar of sounds in the seventh month, on the tenth of the month, on the Day of Atonement. The verse did not have to say, in the seventh month. Why did the verse say, in the seventh month? Only that everything you are doing in the Seventh Month do as on the Tenth of the Month. Since here he blows, modulates, and blows, so also there he blows, modulates, and blows.”

footnotes: ⁶⁴ Sifra Emor Parashah ⁶⁵ Lev.

⁶⁶ 11(9), Sifry Num. 73.“From where that there are three sets of three sounds each? The verse says, a day of sound⁶⁷. 29:1, a remembrance of sound⁶⁸ 23:24., shofar of sound⁶⁹ 25:9..” So far following Rebbi Aqiba. Following Rebbi Ismael? ⁷⁰. 73.“You shall blow sounding⁷¹. 10:5.; and you shall blow sounding a second time⁷². 10:6.; sounding you shall blow for your travels⁷². 10:6.. If you would say that blowing is sounding, is it not written, to assemble the people you shall blow but not sound⁷³. 10:7.”

footnotes: ⁶⁶ Sifra Emor Parashah ⁶⁷ Num ⁶⁸ Lev. ⁶⁹ Lev. ⁷⁰ Sifry Num ⁷¹ Num ⁷² Num ⁷² Num ⁷³ Num

⁷⁴ 2(4); a similar text Babli 9b.“*A Jubilee [it is]*⁷⁵, even though they did not observe the Sabbatical, even though they did not blow the shofar. Or maybe even though they did not manumit slaves? The verse says it is, the words of Rebbi Jehudah⁷⁶ 25:8ff. it first is stated that the calendar authorities have to count 49 years, then organize the blowing of the shofar as consecration of the 50th year as Jubilee and return of land to the hereditary owners. Then in vv. 11,12 it is emphasized it is Jubilee, meaning that all rules spelled out subsequently do apply whether or not the preliminary actions required in vv. 8–10 have been executed or not.. Rebbi Yose says, a Jubilee, even though they did not observe the Sabbatical, even though they did not manumit slaves. Or maybe even though they did not blow the shofar? The verse says it is. Rebbi Yose said, since the verse makes it dependent on blowing the shofar, and another verse⁷⁷. later on. In Lev. the freeing of Hebrew slaves is a law depending on the declaration of the Jubilee, 25:40. makes it dependent on manumitting slaves, why am I saying, Jubilee even though they did not manumit slaves? For it is (impossible) [possible] for a Jubilee without manumitting slaves but (possible) [impossible] for the Jubilee without sounding the shofar⁷⁸ is a duty imposed on the Court; it is not intrinsic to the notion of Jubilee.. Another explanation: The blowing of the shofar depends on the Court but manumission of slaves depends on everybody⁷⁹.” And it follows what Rebbi Samuel ben Rav Isaac said, the Eternal spoke to Moses and Aaron and commanded them to the Children of Israel⁸⁰ 6:13.. About what did he command them? About the chapter on manumission of slaves⁸¹. This parallels what Rebbi Ila said, Israel was only punished because of the Chapter about manumission of slaves; that is what is written⁸². 34:14. The argument is from the preceding verse: I concluded a covenant with your forefathers, on the day when I took them out of the land of Egypt, as follows:, at the end of**seven years everyone has to set free his Hebrew brother, etc. It was stated in the name of Rebbi Neḥemiah, she was like a trading vessel, from far she brings her bread⁸³. 31:14. The “valiant woman” is identified with the Torah (Midrash Mishleh 31[10].). The words of the Torah are poor in their proper place but rich at another place⁸⁴ it is not spelled out what was the first commandment given to the Israelites, but in Jer. it is spelled out.. Rebbi Joḥanan said, these are the words of Rebbi Jehudah and Rebbi Yose, but the words of the Sages are, consecration by the High Court, and blowing the shofar, and remission of debts cause it to be Sabbatical. One understands consecration by the High Court, and blowing the shofar⁸⁵. But is remission of debts⁸⁶ Chapter 10 that debts are cancelled by the end of the Sabbatical year. Since the Jubilee is a Sabbatical, how can its validity be dependent on what happens after it ends? not at the end? Rebbi Ze`ira understood it from the following⁸⁷. 10:12. The courts must be ready to enforce the cancellation of debts after the end of the Jubilee.: He said to me, do not fear, Daniel, since your words were heard from the first day when you concentrated to understand and fast before your God. Your words already were heard.

footnotes: ⁷⁴ Sifra Behar Pereq ⁷⁵ Corrector’s addition from the Babli; out of place as shown by R. Yose’s statement. ⁷⁶ As Rashi explains in the Babli, in Lev. ⁷⁷ The verse quoted from Jer ⁷⁸ The (scribe’s text) has to be preferred to the [corrector’s]; they more or less mean the same. The scribe’s text means that a slave not freed in the Jubilee is held illegally; in law he cannot be considered a slave. Therefore the Jubilee without manumission is a legal impossibility; a disregard of the duty to manumit is a sin for the individual, and a sin of the Court which does not enforce the law, but has no relevance for whether or not there is a Jubilee. On the other hand, the blowing of the shofar ⁷⁹ Essentially a succinct reformulation of the previous argument. ⁸⁰ Ex. ⁸¹ Since at that point the Israelites were not yet freed, no commandments could be given to them. It is asserted that they were told that they would be freed on condition that they would in the future manumit their own Hebrew slaves on the Jubilee. ⁸² Jer ⁸³ Prov ⁸⁴ Since in Ex. ⁸⁵ As noted in Note 76, these are given in the biblical texts as establishing the Jubilee. ⁸⁶ While it is not stated explicitly in the Mishnah, it clearly follows from the rules of Ševi`it ⁸⁷ Dan

Rebbi Joḥanan said, the reason of Rebbi Jehudah: to associate the frequent with the frequent, and the infrequent with the infrequent⁸⁸ of New Year’s Day, which is a yearly event, is a ram’s horn, easily available coming from a domesticated animal. The one for the Jubilee, used once in 50 years, comes from a wild animal and is rare.

footnotes: ⁸⁸ The shofar

MISHNAH: A shofar which was split and glued together is disqualified. If one glued together pieces of shofarot it is disqualified. If it was pierced and he plugged it, if it obstructs blowing it is disqualified, otherwise it is qualified.

HALAKHAH: “A shofar which was split and glued together is disqualified.” For whom is this needed? For Rebbi Nathan⁸⁹ quoted in the Halakhah the opponents of R. Nathan disqualify even a repaired hole.. “If one glued together pieces of shofarot it is disqualified.” This also is Rebbi Nathan’s. “If it was pierced and he plugged it,” Rebbi Ḥiyya in the name of Rebbi Joḥanan, it is Rebbi Nathan’s, as it was stated⁹⁰, if it was pierced and then repaired, whether with its own kind or another kind, if it obstructs blowing it is disqualified, otherwise it is qualified; Rebbi Nathan says, with its own kind⁹¹ it is qualified, not with its own kind it is disqualified. Rebbi Ḥiyya in the name of Rebbi Joḥanan: so is the Mishnah: “if it was obstructing blowing it is disqualified⁹² was unusable when not repaired, it remains unusable when repaired., otherwise it is qualified.” Rebbi Abba bar Zemina in the name of Rebbi Ze`ira: Only if he plugged it. But if he did not plug it it is qualified since all sounds of a shofar are qualified.

footnotes: ⁸⁹ The entire Mishnah must follow R. Nathan since in the baraita ⁹⁰ Babli 27b. ⁹¹ He considers a horn repaired using only material from similar horns as the natural product and qualified. ⁹² If the shofar

Rebbi Jacob bar Aḥa said, Abba bar Abba⁹³ asked Rebbi, what are the rules for a drilled shofar? He said, with one of this kind [one blows at Jabneh. Rebbi Abba asked before Rav, what are the rules for a drilled shofar? He said, with one of this kind]⁹⁴ §586.) one blows at Eintab⁹⁵.

footnotes: ⁹³ He is the father of Samuel. ⁹⁴ Corrector’s addition, correctly deleted in Krotoschin ed., even though endorsed by R. Joseph Karo (Bet Yosef Oraḥ Ḥayyim ⁹⁵ The place chosen for determining the calendar.

MISHNAH: If somebody blows into a cistern, or into a cellar, or into a barrel⁹⁶, if he heard the sound of the shofar he fulfilled his obligation, if he heard the sound of the echo he did not fulfill his obligation. Similarly⁹⁷, if somebody was passing by a synagogue or his house was near the synagogue and he heard the sound of the shofar or the reading of the Esther scroll, if he listened purposefully he fulfilled his obligation, otherwise he did not fulfill his obligation. Even though both heard, one listened purposefully, but the other did not listen purposefully.

footnotes: ⁹⁶ Greek πίθος. ⁹⁷ The two cases are not quite comparable. In the first case, two people hear similar sounds, one the original and the other the echo. In the second case both hear the same sound, but one intended to fulfill his religious obligation and the other did not.

HALAKHAH: Rebbi Yose ben Ḥanina said, it only said “somebody was passing by.” Therefore if he stood still, the presumption is that he listened purposefully⁹⁸ intended to benefit also the casual listener.. ⁹⁹“If he put one shofar inside another shofar(,we shall say) [and blew]¹⁰⁰, if one heard the sound of the inner one, he has fulfilled his obligation, if one heard the sound of the outer one, he has not fulfilled his obligation.” Rebbi Abinna asked, what if he turned it inside out? Let us hear from the following¹⁰¹: “If he scratched it inside it is disqualified, outside it is qualified.” He only said, he scratched; therefore if he turned it inside out it is disqualified. What is the difference between the two? One eliminated the inner space, the other did not eliminate the inner space.

footnotes: ⁹⁸ The Babli, 29a, has a problem whether the person who blew the ṣhofar ⁹⁹ Babli 27b, Tosephta 2:4. ¹⁰⁰ The corrector’s text in brackets follows the Babli and the Tosephta. ¹⁰¹ In the Babli sources (Note 99) the reading is: “inside or outside it is qualified.” The Yerushalmi text should not be adapted to the Babli since roughing the surface inside changed the sound chamber.

MISHNAH: It was when Moses lifted his hands then Israel had the upper hand¹⁰² 17:11., etc. Do Moses’s hands conduct war or break war? But any time that Israel looked up high and directed their thoughts¹⁰³ to their Father in Heaven they were dominating, otherwise they were falling.

footnotes: ¹⁰² Ex. ¹⁰³ The insistence on intent is the theme connecting this Mishnah to the preceding.

HALAKHAH: Rebbi Joshua ben Levi said, Amaleq was a sorcerer. What did he do? He put people up on their birthday, implying that no man easily falls on his birthday¹⁰⁴. What did Moses do? He mixed planets¹⁰⁵ 22).. That is what is written¹⁰⁶. 3:11., sun, moon stood in the sky, etc. And it is written¹⁰⁷. 3:10., the abyss sounded, the elevated lifted his hands. Since the elevated lifted his hands, the abyss sounded. Samuel said, and the host will be given against the daily sacrifice by vice¹⁰⁸. 8:12., the vice of the Torah¹⁰⁹. And truth will be thrown to the ground; anytime that Israel throws the words of the Torah to the ground, this evil government decides and succeeds. What is the reason? It threw truth to the ground, did, and succeeded. And there is no truth like Torah, as you are saying¹¹⁰. 23:23., buy truth and do not sell, wisdom, ethics, and insight. Rebbi Jehudah bar Pazi said, Israel has neglected the good, an enemy will pursue it¹¹¹. 8:3., and there is no good but the Torah, as you are saying, for a good acquisition I gave to you, do not abandon my Torah¹¹². 4:2..

footnotes: ¹⁰⁴ On the theory that warriors are less vulnerable on their birthday, γενέσια, because the stars of his birth will protect him (and astrology is legitimate for Gentiles.) ¹⁰⁵ He assured Joshua’s victory by deviating the stars from their regular course (agreeing that the stars did for Moses what they did for Joshua, Yalqut Joshua ¹⁰⁶ Hab ¹⁰⁷ Hab ¹⁰⁸ Dan ¹⁰⁹ The vice of neglecting the Torah. ¹¹⁰ Prov ¹¹¹ Hos ¹¹² Prov

MISHNAH: Similarly, the Eternal said to Moses, yourself make a poisonous snake and put it on a pole¹¹³. 21:8., etc. Does the snake kill or the snake make live? But in times when Israel look upwards and make their thought subservient to their Father in Heaven they were healed, otherwise they were rotting.

footnotes: ¹¹³ Num

HALAKHAH: ¹¹⁴. rabba 31(8). Rebbi Yasa said, in four places it is said “make for yourself.” In three it is explicit, one is not explicit. Make yourself an ark of gopher wood¹¹⁵. 6:14.. Make yourself two silver trumpets¹¹⁶. 10:2.. Make yourself flintstone knives¹¹⁷. 5:2.. Make yourself a poisonous snake¹¹³. 21:8. He did not make explicit. Moses said, is its root not nḥš¹¹⁸ whose meaning seems to be unrelated to both.? Therefore, Moses made a brass snake¹¹⁹. 21:9.. From there, Rebbi Meïr interpreted names¹²⁰ 83b.. There was a man called Kidor. Rebbi Meïr told them, guard yourselves from him, he is a bad person; for a generation of perverts they are¹²¹. 32:20..

footnotes: ¹¹⁴ A somewhat extended version is Gen ¹¹⁵ Gen ¹¹⁶ Num ¹¹⁷ Jos ¹¹³ Num ¹¹⁸ The words for “brass” and “snake” both use the root nḥš ¹¹⁹ Num ¹²⁰ Slightly differently Babli Yoma ¹²¹ Deut

Rebbi Levi in the name of Rebbi Ḥama bar Ḥanina. It is not written, “and one bitten”, but and anyone bitten¹¹³. 21:8., even bitten by a dog, even bitten by a snake. But they do not compare. A dog bite, and he sees¹¹³. 21:8.; a snake bite, and he gazes¹. 21:9.¹²². Rebbi Jehudah the circumcizer in the name of Rebbi Aḥa, A dog bite which is not of its kind, and he sees; a snake bite which is of its kind, and he gazes. But the rabbis say, A dog bite which does not make tremble, and he sees; a snake bite which makes tremble, and he gazes.

footnotes: ¹¹³ Num ¹¹³ Num ¹ Num ¹²² Gazing needs intent, seeing may be unintentional.

MISHNAH: A deaf-and-dumb person, an insane person, or a minor, may not free the public from their obligation¹²³ blown by a person not obligated has not fulfilled his obligation of hearing the sound of the shofar. The three categories mentioned here are those of males not under any religious obligation. The deaf-and-dumb because he has no connection with civilization and therefore cannot learn his obligations. Therefore a deaf-and-dumb person trained in sign language no longer is legally deaf-and-dumb. The insane cannot be responsible for anything. The minor is his parent’s obligation, not his own, until he reaches adulthood, fixed at 13 years and 1 day.. This is the principle: Anybody not obligated for something¹²⁴ may not free the public from their obligation.

footnotes: ¹²³ If anybody hears the shofar ¹²⁴ For example women, who are exempted from all religious obligations tied to a fixed date.

HALAKHAH: ¹²⁵3:11, Notes 110–113. Its origin is Berakhot3:3, Notes 153–157. It is stated: ¹²⁶20b; Tosephta Berakhot5:11.“In truth, they said a woman may say Grace for her husband, a slave for his master, and a (son) [minor]¹²⁷ for his father. [One understands a woman for her husband, a slave for his master. A minor for his father?]¹²⁸ Did not Rebbi Aḥa say in the name of Rebbi Yose ben Nahorai: All they said about a minor is for the latter’s education? Explain it that he recites after him (Amen), as we stated there: “A person to whom a slave, or a woman, or a minor, read for him, repeats after them what they say, and it should be a curse for him.” There should be a curse on the man of twenty years who needs the child of ten.

footnotes: ¹²⁵ This Halakhah is copied from Sukkah ¹²⁶ Babli 38a, Berakhot ¹²⁷ Texts of (scribe) and [corrector]. ¹²⁸ Corrector’s addition from the parallels.