Rosh Hashanah

IT HAPPENED ONCE THAT MORE THEN FORTY PAIRS [OF WITNESSES] WERE ON THEIR WAY [TO JERUSALEM] AND R. AKIBA DETAINED THEM etc. It has been taught: R. Judah said: Far be it from us to think that R. Akiba detained them. It was Shazpar the head of Geder1 who detained them, and Rabban Gamaliel thereupon sent and they deposed him from his office.2 MISHNAH. IF A FATHER AND A SON HAVE SEEN THE NEW MOON, THEY SHOULD BOTH GO [TO JERUSALEM], NOT THAT THEY CAN ACT AS JOINT WITNESSES3 BUT SO THAT IF ONE OF THEM IS DISQUALIFIED4 THE OTHER MAY JOIN WITH SOME OTHER WITNESS. R. SIMEON, HOWEVER, SAYS THAT A FATHER AND SON AND ALL RELATIVES ARE ELIGIBLE TO TESTIFY TO THE APPEARANCE OF THE NEW MOON. R. JOSE SAID: IT HAPPENED ONCE WITH TOBIAH THE PHYSICIAN THAT HE SAW THE NEW MOON IN JERUSALEM ALONG WITH HIS SON AND HIS EMANCIPATED SLAVE, AND THE PRIESTS ACCEPTED HIS EVIDENCE AND THAT OF HIS SON AND DISQUALIFIED HIS SLAVE, BUT WHEN THEY APPEARED BEFORE THE BETH DIN THEY ACCEPTED HIS EVIDENCE AND THAT OF HIS SLAVE AND DISQUALIFIED HIS SON. GEMARA. R. Levi said: What is the reason of R. Simeon? — Because it is written, and the Lord spoke unto Moses and Aaron in the land of Egypt, saying, This month shall be unto you the beginning of months,5 which implies, ‘this testimony shall be valid [when given] by you’.6 And the Rabbis? — [It implies], this evidence shall be entrusted to you. 7 R. JOSE SAID, IT HAPPENED ONCE WITH TOBIAH THE PHYSICIAN etc. R. Hanan b. Raba said: The law8 is as stated by R. Simeon. Said R. Huna to R. Hanan b. Raba, We have R. Jose and an incident [on the other side], and you say that the law is as stated by R. Simeon! — He replied: Many times I said in the presence of Rab, ‘The law is as stated by R. Simeon’, and he did not correct me.9 He then asked him, How did you repeat [the Mishnah]? — He [R. Hanan] replied [I repeated it to him with the names] reversed.10 He [R. Huna] thereupon said to him, That was the reason why Rab did not correct you. Tabi said in the name of Mari Tabi who had it from Mar ‘Ukba: The law is as stated by R. Simeon. 11 MISHNAH THE FOLLOWING ARE INELIGIBLE: GAMBLERS, USURERS, 12 PIGEON-FLYERS, THOSE WHO TRAFFIC IN PRODUCE OF THE SABBATICAL YEAR,13 AND SLAVES. IT IS A GENERAL RULE THAT FOR ANY TESTIMONY FOR WHICH A WOMAN IS DISQUALIFIED THESE ALSO ARE DISQUALIFIED. GEMARA. I infer from this that any testimony which a woman is qualified to give14 they are also qualified to give. R. Ashi said: This is equivalent to saying that one who is Rabbinically15 accounted a robber is qualified to give the same evidence as a woman. MISHNAH. IF ONE WHO HAS SEEN THE MOON IS NOT ABLE TO GO ON FOOT, HE MAY BE BROUGHT ON AN ASS OR EVEN IN A LITTER [ON SABBATH]. IF THEY [THE WITNESSES] ARE LIKELY TO BE WAYLAID,16 THEY MAY TAKE CUDGELS [TO DEFEND THEMSELVES].17 IF THE DISTANCE IS GREAT [TO JERUSALEM], THEY MAY TAKE PROVISIONS WITH THEM, SINCE FOR AS MUCH AS A NIGHT AND A DAY'S JOURNEY18 THEY WERE ALLOWED TO PROFANE SABBATH AND GO FORTH TO TESTIFY TO THE APPEARANCE OF THE NEW MOON, AS IT SAYS: THESE ARE THE APPOINTED SEASONS OF THE LORD . . . WHICH YE SHALL PROCLAIM IN THEIR APPOINTED SEASON.19 MISHNAH. IF THAT ONE20 IS NOT KNOWN TO THEM [THE BETH DIN IN JERUSALEM], THEY [THE BETH DIN OF HIS OWN PLACE] SEND ANOTHER WITH HIM TO CERTIFY HIM [AS RELIABLE]. ORIGINALLY TESTIMONY WITH REGARD TO [THE APPEARANCE OF] THE NEW MOON WAS RECEIVED FROM ANYONE. WHEN, HOWEVER, THE BOETHUSIANS21 ADOPTED EVIL COURSES, IT WAS ORDAINED THAT TESTIMONY SHOULD BE RECEIVED ONLY FROM PERSONS KNOWN [TO THE BETH DIN]. GEMARA. What is meant by ANOTHER? [I would naturally suppose], one other person. although they acquire money wrongfully they do not take anything by force: v. Yeb. 25a Moon is on the first day. rejected the Oral Law and opposed the Rabbis. [MS.M. ‘Minim’ (v. Glos. s.v. Min.)]