Chapter
1
Mishnah 1:
There are four New Years.
On the first of Nisan is the New Year for Kings and for festivals; on
the first of Elul is the New Year for the tithe of animals; Rabbi Eliezer
and Rabbi Shimon say, on the first of Tishrei. On the first of Tishrei
is the New Year for years, for Sabbatical years, for Jubilee years, for
planting, and for vegetables. On the first of Shevat is the New Year for
trees according to the School of Shammai. The School of Hillel say on
the fifteenth thereof.
Mishnah 2:
The world is judged at
four times during the year: On Passover, for grain; on the festival of
weeks, for the fruit of the trees; on the New year, all the inhabitants
of the world pass before Him as it is said(Tehillim 33:15):"He who fashioned
the hearts of them all, who understands all their doings..."; and on the
festival of Tabernacles, they are judged for water.
Commentary:
The first mishnah
informs us that there are four New Years. This should not be surprising
to you since there are many ways in which a society reckons time. For
example, The new civil year begins on January 1st. In some businesses,
July 1st. marks the start of a new fiscal year. In other businesses, the
October 1st. is the start of the new fiscal year. A new school year is
sometimes centered around Labor Day. The new year for Presidents of the
United States is every January 20th.
Why is Nisan chosen
as the New year for Kings and festivals? The Sages write that this refers
to "Jewish" Kings. If a King began his reign on the twenty-ninth of Adar,
then when the first of Nisan arrives, he is reckoned as having reigned
for one year. If he starts his reign on the first of Nisan, then he will
not have reigned one year until the next first of Nisan.
Nisan was also the
month that the Jews left Egypt. It marks the birthday of the Jewish Nation.
Nisan is also the first month of the year and referred to as the month
of Aviv. The sages write that the word "Aviv" (which means "spring") can
be interpreted as a combination of "Av" (which means "father") and the
letters yud-bet (which alludes to the number 12; for the months of the
year). In this way the word "aviv" means "the father of twelve."
The first of Nisan
is the start of the cycle of festivals with respect to vows. When a person
makes a vow, they should not delay in its fulfillment, as it says ( Devarim
23:22):
"When thou shalt vow a
vow unto the Lord thy God, thou shalt not be slack to pay it..."
The Sages say that the
word "delay" implies one cycle of the three pilgrimage festivals (shalosh
regalim) Passover, Shavuot, and Sukkot which begins in Nisan.
The tithing of animals
involved the separation of one tenth of those animals born in a given
year . These were given to the Kohanim who slaughtered them in Jerusalem
and had to be consumed there. These animals (once designated) were consecrated
property and were not to be used for any other purpose. The date of the
first of Elul was chosen because of the fact that in Palestine during
the days of the Temple, most of the animals were born in Av.
The first of Tishrei
is the new Year of years. This fact is not explicit in the Torah but deduced
by the sages in the Talmud. The reference to the first of Tishrei as a
holy convocation, a "Day of Blowing", is clearly mentioned (see above).
The Sabbatical (shemittah) years were cycles of seven years. For six years,
the land can be used for planting and sowing. Every seventh year (similar
to the weekly Shabbat), the land was to remain fallow. No planting was
allowed and the people had to subsist on extra produce grown during the
sixth year. It was a sin to deal in any seventh year produce as we will
see in a later mishnah. During the shemittah year, all indentured slaves
had to be released. A cycle of seven shemittah years ended in a celebration
called the Jubilee year (the fiftieth year in the cycle). At that time,
all mortgaged land was to revert back to its original owner. The tithing
of a tenth of the produce was called "ma'aser" and a second tenth, given
to the Levites, was known as "ma'aser sheni".
The tithing of trees
is mentioned in the Torah in the following way. For the first three years,
a person was not allowed to eat the fruit from a new tree. The fourth
year fruits were known as "orlah", and were consecrated property, dedicated
to God. They had to be brought to Jerusalem and given to the Kohanim.
The word "orlah" also is used in the context of the "bris milah" where
the foreskin ("orlah") is removed by a Mohel. The Halachah is that this
New Year is celebrated on the fifteenth of Shevat(Tu b'Shevat) according
to the School of Hillel.
The second mishnah
discusses the four times of the year when the world is judged. The Talmud
(Rosh Hashanah 16a) writes:
"Rabbi Yehudah said
in the name of Rabbi Akiva, why did the Torah enjoin us to offer an omer
of grain on Passover? Because Passover is the season of produce(grain).
Therefore, the Holy One, Blessed be He, said, Bring before Me an omer
of grain on Passover that your produce in the fields may be blessed. Why
did the Torah enjoin us to bring two loaves on Shavuot? Because Shavuot
(Pentecost) is the season of the fruit of the trees. therefore, the Holy
One, blessed be he, said Bring before Me two loaves on Pentecost so that
the fruit of the trees may be blessed. Why did the Torah enjoin us to
pour out water on the festival of Tabernacles? Because the Holy One, blessed
be He said, Pour out water before Me on the festival of Tabernacles, so
that the rains this year will be blessed. Also, recited before Me on the
New Year, texts that mention kingship, remembrance, and the shofar (see
mishnah 5 in chapter 4). Kingship, so you shall proclaim Me King over
you; remembrance, so that your remembrance may rise favorably before Me,
and through what? Through the shofar!"
The metaphor of God
sitting on His Throne of Glory and sitting in Judgement is a powerful
one. As sheep pass through the fence to be counted, so too, do we pass
before the Holy One. In Chapter 4, we will see how the structure of the
Rosh Hashanah Musaf service revolves around the concepts of "Malchyot",
"Zichronot", and "Shofarot." In each section, selections from the Tanach
(Torah, Neviim, Ketuvim; Pentateuch, Prophets, Writings) are recited and
then followed by the sounding of the shofar. On Sukkot, we say the blessings
for "geshem"the dry season (in Eretz Yisroel) we pray for the morning
dew which keeps the fields moist and alive. The cycle of life follows
the cycle of the seasons. The cycle of the seasons is tied to the motions
of the Sun and Moon in the sky. This is the basis for tractate Rosh Hashanah.
Mishnah 3:
On six months the messengers
go forth: On Nisan, because of Passover; on Av, because of the Fast; on
Elul, because of the New Year; on Tishrei, because of the determination
of the holidays (Yom Kippur and Sukkot); on Kislev, because of Chanukah;
and on Adar, because of Purim. And, while the temple stood, they went
forth also on Iyar because of the Minor Passover.
Mishnah 4:
Because of two months
they (the witnesses) could profane the Sabbath: Because of Nisan and Tishrei,
for on them the messengers went forth to Syria and by them the Holy Days
were determined. And when the Temple stood, they could profane it indeed
for all of them (all months) for the correct regulation of the offering
(the korban musaf on Rosh Chodesh).
Commentary:
These next two mishnayot
seem to be out of place. Mishnah 3 discusses the sending of messengers
to the diaspora to announce the new month and mishnah 4 discusses when
witnesses may violate the Sabbath by traveling to the High Court and testify
that they have seen the crescent moon.
It therefore seems
likely that the mishnayot are assuming that we already know the procedures
followed by the bet din in sanctifying and announcing a new month! Witnesses
who saw the crescent moon, low on the western horizon after sunset, would
travel to Jerusalem (or wherever the High Court sat) and testified about
what they had seen. The court, after having thoroughly examined the witnesses
(a topic which the mishnah will discuss later), the new month was announced
and messengers were sent forth to the diaspora. The mitzva to proclaim
the new month at its proper time and celebrate the festivals at their
appointed time ("moadim") was interpreted by the sages as one of the few
reasons to violate the restrictions of traveling ans carrying on the Sabbath
(to "save a life" is another reason to violate the Sabbath restrictions).
A few comments on
mishnah 3. The fast spoken of in Av is of course "Tisha b'Av", the fast
on the ninth of Av. The "Minor Passover" in Iyar was observed up until
the destruction of the Second Temple. According to the Torah, a man made
a pilgramage to Jerusalem (or any other designated site by the Sages)
in order to sacrifice and consume the "korban Pesach". If he were away
on a journey, then he was obligated to come to the ttemple one month later
(in Iyar) and fulfill his obligation at that time.
The Rambam, In his
"Mishnah Torah", has a nice commentary on the procedures followed by the
bet din (Hilchot Kiddush Hachodesh):
"Originally, when
the court would sanctify the new moon, they would light bonfires on the
mountain tops to notify the people in distant places. When the Samaritans
began conducting themselves in a debased manner, by lighting fires att
he wrong time to confuse the people, the Sages instituted the practice
of sending messengers tonotify the people."
"These messengers
may not violate the sanctity of the holidays, nor Yom Kippur (by traveling
on these days). Needless to say, they may not violate the Sabbath to uphold
the sanctification of the new month, only to actually sanctify it."
"Messnegers are sent
out for six months...For Elul, because of Rosh hashanah, that is, so the
people could wait in readiness on the thirtieth day of Elul. If it became
known to them that the High Court had sanctified the thirtieth day, they
would observe only that day as a holiday (Rosh Hashanah). If it did not
become known to them, they would observe both the thirtieth and thirty-first
days as Rosh Hashanah until the messengers of Tishrei arrive (to tell
them when to observe Yom Kippur and Sukkot)..."
"Even when the moon
was clearly sighted on the previous night, the messengers for the months
of nisan and Tishrei would not depart until the sun rose the next day
and they heard the court pronounce "It has been sanctified!" If, however,
the court sanctified the moon at the conclusion of the twenty-ninth day,
as we have explained, and the messengers heard the court pronounce it
sanctified, they might depart that evening."
"The messengers for
the other months, by contrast, may depart in the evening after the moon
has been sighted. Althought he court has not sanctified the new month,
since the new moon has been sighted, the may depart, for the court will
surely sanctify the new month on the following day."
"Wherever these messengers
would arrive (before the celebration of the festivals), the holidays would
be observed for one day, as prescribed by the Torah. In the distant places,
which the messengers would not reach (before the celebration of the festivals),
the holidays would be celebrated for two days because of the boubt. For
they wouldnot know the day on which the High Court established the new
month."
"There are places
where the messengers sent ou for nisan would arrive in time for the celebration
of Pesach, but the messengers sent out for Tishrei would not arrive in
time for the celebration of Sukkot. According to the letter of the Law,
it would appropriate for them to observer Pesach for only one day, since
the messnegers reached them and informed them when Rosh Chodesh had been
established, and, for them to observe Sukkot for two days, since the messengers
had not reached them. Nevertheless, so that there would be no difference
between the festivals, the Sages instituted that two days be observed
for all of the festivals in all places that were not reached by the messengers
sent out in Tishrei. This includes even the festival of Shavuot".
The Rambam's commentary
seems to clear up the matter slightly. We also observe the historical
basis for the custom of observing two day fetsivals except in Eretz Yisroel.
The date of Shavuot is technically not fixed by the calendar since it
is tied to pesach and the counting of the "omer" on the second day of
Pesach. The seventh day of Pesach is considered a separate holiday as
is the eigth day of Sukkot (Shemini Atzeret). The key point in these mishnayot
is that the motions of the moon were carefully followed! It should benoted
that when the Rambam or mishnah speaks about seeing the "new moon", they
are actually referring to the thin crescent moon seen after sunset (startng
about 21 hours after the new moon's conjunction with the sun).
Mishnah 5:
Whether the crescent was
clearly visible or whether it was not manifestly visible, they (the witnesses)
may profane the Sabbath because of it. Rabbi Yose says:If the crescent
was undoubtably seen, they must not profane the Sabbath because of it.
Mishnah 6:
It once happened that
more than forty pairs of witnesses passed through, but Rabbi Akiva detained
them in Lydda. Rabban Gamliel sent to him:"If you detain the many, you
may lead them astray in the future."
Commentary:
Mishnah 5 stresses
that someone who sees the crescent moon clearly (or even partially) must
travel to the place of the bet din to testify and sanctify the new month.
Rabbi Yose's objection was that if the moon were obviously seen in jerusalem,
then someone will undoubtably appear to testify and therefore the number
of people allowed to violate the sabbath is restricted. The sages, however,
rule that Rabbi Yose's opinion is not acceptable and all who see the crescenhave
an obligation to travel (even on the Sabbath) to the bet din and testify.
An example of this
is given in mishnah 6. Rabbi Akiva saw that a large number of witnesses
was passing through the city of Lydda. He therefore tried to detain them
for fear that too many people would be crowding into the bet din and also
violating the sabbath. While his intentions were honorable, he was reprimanded
by the Nasi (head of the Sanhedrin) Rabban Gamliel the Elder, who sent
a note to him indicating that if he (Rabbi Akiva) detains people, then
they will become discouraged in the future and not come to testify at
all!
It is worthwhile to
spend some time discussing the Astronomy involved in the sanctification
of the new moon. The various phases of the moon are caused by the changing
angle of sunlight reflecting off of the moon's surface. The Moon orbits
the earth in a nearly circular (slightly elliptical orbit every 27 1/3
days (siderial period). However, during that time, the earth is also revolving
around the sun. This extra motion adds about two days to the time to complete
a cycle of phases. This is known as the synodic period and takes 29 1/2
days.
There are eight recognized
phases of the moon. These phases can be understood from two frames of
reference. From the earth's frame of reference, the phases of the moon
are related to the positon of the moon and sun in the sky. Thus, when
the sun and moon appear together (known as "conjunction" or"molad" in
Hebrew), the moon is "new" (and hence invisible). Due to its orbital motion,
the moon rises (in the east) about one hour later each night. At three
days after new, a clear crescent moon (called the new or "waxing" crescent
is visible for about 2 hours after sunset. The earliest observation of
the new crescent occurs in strictly clear (and light free) conditons at
about 20 hours after conjunction.
The "horns" of the
crescent always point away from the sun and in the early phases, the moon
is east of the sun in the sky. As the days progress, the amount of sunlight
illuminating the moon increases and we see a first quarter (half) moon,
a gibbous (three quaters) moon, and finally, after about 14 days, we see
the full moon. Depending on the time of year (and the observer's latitude),
the full moon rises approximately at the same time as the sun sets (within
an hour). The moon and sun are on opposite sides of the sky and the term
used is "opposition".
The full moon marks
the end of the "waxing" phases. For the next 2 weeks or so, the moon is
now west of the sun and its illumination gradually decreases ("wanes").
below, you can see some illustrations of some phases of the moon as seen
from the earth from space. The moon rotates on its axis in the same amount
of time that it orbits the earth, and therefore we see only one side of
the moon!
|
|
|
|
Waning Gibbous
Crescent |
First quarter |
Waning |
Full Moon |
As you can see, the full
cycle of phases is not a suitable time measuring period since it includes
part of a day. Since the Torah declares that the month is to be " a month
of days" and a year is to be " a year of months", it is not practical
to have too many fractions of time. Therefore, the Sages adopted the standard
24 hour day instead of the actual rotational period of the earth which
is 23 hours 56 minutes and 4 sec. It is also interesting to note that
the Talmud follows a "geocentric model" (earth centered). Thus, the "day"
is not the rotational period of the earth on its axis, but the time it
takes the sun to appear in the same place in the sky the next day (relative
to the stars or some other "fixed" refernce frame!).
In his "Mishnah Torah",
the Rambam writes:
"When witnesses see the
new moon and there is a journey of the night and a day or less between
them and the place where the court holds sessions, they should undertake
the journey and testify. If the distance between them is greater, they
should not undertake the journey. For the testimony that they will deliver
after the thirtieth of the month will be of no consequence, since the
new month will have already have been made full."
"The witnesses who see
the new moon should journey to the court and testify even ont he Sabbath
as is implied by the Torah in Vayikra 23:2, 'These are the festivals you
should proclaim in their season...' Whenever the Torah uses the word 'season',
the Sabbath prohibitions may be overridden. Therefore, the sabbath prohibitions
may be violated only for the sake of Rosh Chodesh Nisan and Tishrei, to
commemorate the festivals in their proper season. In the days of the Temple,
they were violated every Rosh Chodesh because of the musaf offering and
its sacrifice supersedes the sabbath."
A final word about
some terms that are used. In the Jewish calendar, a month of twenty nine
days is called "defective" while a month of thirty days is called "full".
Twelve months of thirty days each would not match the actual 365.25 days
in one solar year. If the months were each twenty nine days long, the
numbers would again not match. Therefore, in the Jewish calendar presently
used (which is calculated), we have alternating months of twenty nine
and thirty days. This is still not quite accurate and occasionally, an
extra month (Adar II) is added during a leap year in order to keep the
festivals in their proper season. We will discuss this aspect of the calendar
a little later.
Mishnah 7:
If a father and his son
saw the new moon, both should go; not that they can be paired together,
but in order that if one of them become ineligible, the second one may
be included with another. Rabbi Shimon says, A father and his son and
all near of kin are eligible to give ecidence fort he new moon. Rabbi
Yose says that it once happened that Tobiah, the Physician, saw the new
moon in Jerusalem; he himself, his son, and his freed slave. The Priests
accepted him and his son, but pronounced his freed slave ineligible. When
they apepared before the court, they accepted him and his freed slave,
but declared his son ineligible.
Mishnah 8:
These are they who are
ineligible (to give testimony about the new moon): a dice player, a usurer,
those who fly pigeons, dealers in produce fromt he sabbatical year, and
slaves. This is a geenral principle: all evidence that a woman is not
eligible to give, these are also not eligible to give.
Mishnah 9:
If one sees the new moon
and is unable to walk, they may bring him on an ass or even on a litter;
and if any lie in wait for them, they may bring sticks in their hands.
If the journey be a long one, they may carry food in their hands because
for a journey lasting a might and a day, they may profane the Sabbath
and go forth to give evidence about the new moon, as it is said, "These
are the appointed seasons of the lord which you shall provlaim in their
appointed season."
Commentary:
This concludes chapter
one. Some clarification is needed about the mishnayot presented in this
section. The Sages conclude that near relatives cannot be paired together
to give evidence before the court. Rabbi Shimon's reasoning (which is
rejected as Halachah), is that the command to proclaim the festivals at
their appointed times, was given to Moshe and Aharon (who were brothers).
Therefore, according to Rabbi Shimon, this extends to any person and their
near kin giving testimony together. The Sages reject this argument and
cite the example of Rabbi Yose and Tobiah the Physician. The conclusion
is that the Moshe and Aharon were given the commandment to proclaim the
new month not because they were brothers, but because they were the leaders
of Israel (at that time). Therefore, the authority, to proclaim the new
month rests with the bet din and the Sages do not allow two people who
are related (by blood or marriage) to testify together.
In mishnah 8, we se
that certain people are characterized as ineligible to give evidence.
These same people are also ineligible to give testimony in other legal
cases as well (see Mishnah Sanhedrin, chapter 3). A dice player is a gambler
as is a "flyer of pigeons". The commentators state that these people would
race pigeons for money and bet on the winner. A usurer is someone who
charges interest ("ribbis") on a loan to a fellow Jew. This is strictly
forbidden in the Torah. A person who deals in Sabbatical produce considered
"unsavory". While it is forbidden to work the land during the "Shemittah"
year, if any produce grows naturally, it is not forbidden to eat it; it
is however, forbidden to sell it. In traditional Jewish Law, women are
ineligble to give testimony in legal cases accept in certain circumstances:
a case involving the death of her husband(so she can remarry) and if she
is accused of being a "sotah" (an adulteress). The Sages ruled that any
situation in which a woman is prohibited from testifying, these people
(including slaves who do not have a legal status) are also ineligible.
Mishnah 9 deals with
the violation of the Sabbath. A person who clearly saw the moon should
be impelled to give testimony. If this means carrying him on an ass or
in a "litter", which was a wagon with a bed in it), then this shoudl be
done. If the journey is going to take a night and a day, and if it means
violating the limitations of travel on the Sabbath, then they must still
bring him to testify. If there is a danger that robbers or "highwaymen"
may lie in wait to rob them, then they are permitted to carry sticks for
protection. They may also bring food along with them as well.
Further commentary
on these topics can be found in the Rambam's "Mishnah Torah":
"The observation of the
new moon is not entrusted to every individual, as in the case of the regular
weekly sabbath where anyone may count six days and rest on the seventh.
The suthority for the new moon is given to the court only, to sanctify
and proclaim the day as the first day of the new month. That day proclaimed
by the court is Rosh Chodesh as it is written:'This month shall to you'
(Shemot 12:2), implying that the evidence in this matter is surrendered
to 'you', meaning, the members of the court."
"Like Astronomers
who engage in calculation and know the positions and motions of the stars,
the Jewish Court calculates and investigates minutely so as to know if
it is or if it is not possible for the new moon to be visible in its time,
which is the night of the twenty-ninth day. If the members of the Court
found that it would be possible, they had to wait in the courthouse for
the arrival of witnesses throughout the thirtieth day. If witnesses arrived
and were duly examined and tested and found trustworthy, the thirtieth
day was sanctified as the first day of the new month. If the new moon
did not appear and no witnesses arrived, that day was counted as the thirtieth
day of the past month and the thirty-first day was declared to be Rosh
Chodesh; the first day of the new month. This method is known as 'intercalation'.
If, however, the members knew by calculation that the new moon could not
possibly be seen, they were not required to sit and wait for the witnesses
on the thirtieth day. If witnesses did arrive, they were most certainly
false witnesses..."
|