Rosh Hashanah

. It says also: Moses and Aaron among his priests and Samuel among them that call on his name.1 [We see therefore that] the Scripture places three of the most questionable characters2 on the same level as three of the the most estimable characters,3 to show that Jerubaal in his generation is like Moses in his generation, Bedan in his generation is like Aaron in his generation, Jepthah in his generation is like Samuel in his generation, [and] to teach you that the most worthless, once he has been appointed a leader4 of the community, is to be accounted like the mightiest of the mighty. Scripture says also: And thou shalt come unto the priests the Levites and to the judge thou shall be in those days.5 Can we then imagine that a man should go to a judge who is not in his days? This shows that you must be content to go to the judge who is in your days. It also says; Say not, How was it that the former days were better than these.6 HE TOOK HIS STAFF AND HIS MONEY IN HIS HAND. Our Rabbis taught: When he [Rabban Gamaliel] saw him, he rose from his seat and kissed him on his head, saying, Peace to thee my teacher and my disciple — my teacher, because thou hast taught me Torah publicly, my disciple because I lay an injunction on thee and thou dost carry it out like a disciple. Happy is the generation in which the greater defer to the lesser, and all the more so the lesser to the greater! [You say] ‘All the more so’! It is their duty!7 — What it means is that because the greater defer to the lesser, the lesser apply the lesson to themselves with all the more force.8 C H A P T E R III MISHNAH. IF THE BETH DIN AND ALL ISRAEL SAW IT,9 IF THE WITNESSES WERE TESTED10 AND THERE WAS NO TIME LEFT TO SAY ‘SANCTIFIED’ BEFORE IT GREW DARK, THEN THE MONTH IS PROLONGED.11 IF THE BETH DIN12 ALONE HAVE SEEN IT,13 TWO OF THEM SHOULD COME FORWARD AND TESTIFY BEFORE THEM, AND THEN THEY CAN SAY, ‘SANCTIFIED, SANCTIFIED’. IF THREE PERSONS SAW IT, THEY [THEMSELVES] CONSTITUTING THE BETH DIN, TWO [OF THEM] SHOULD COME FORWARD AND THEY SHOULD ASSOCIATE SOME OF THEIR COLLEAGUES WITH THE ONE LEFT, AND THEY [THE TWO] SHOULD TESTIFY BEFORE THEM AND THEY CAN THEN SAY, ‘SANCTIFIED, SANCTIFIED’. [THIS MUST BE DONE] BECAUSE AN INDIVIDUAL IS NOT AUTHORIZED [TO SAY ‘SANCTIFIED’] BY HIMSELF. GEMARA. What need is there to state IF THE BETH DIN AND ALL ISRAEL SAW IT?14 — It is necessary. You might think that since the Beth din and all Israel have seen it everyone knows about it and therefore they should not prolong the month.15 Therefore we are told [that this is not so]. But when once it has been stated IF THE BETH DIN AND ALL ISRAEL SAW IT, why should it further say, IF THE WITNESSES HAVE BEEN TESTED?16 — What it means is, ‘Or if the witnesses had been tested and there was no time left to say "sanctified" before it grew dark, then the month must be prolonged’. But when once it has been stated if IT GREW DARK THEN THE MONTH IS PROLONGED, why should the testing of the witnesses be mentioned at all?17 — It is necessary. For you might suppose that the testing of the witnesses is regarded as the commencement of a suit in court, and the pronouncement of ‘sanctified’, ‘sanctified’ as the end of the suit, and therefore they should sanctify at night, on the analogy of money suits, as we have learnt, ‘Money suits are heard by day and concluded [if necessary] at night’; so here we should sanctify at night. Therefore we are told [that this is not so]. But cannot I say that this actually is the case?18 — Scripture says, For it is a statute for Israel, a judgment for the God of Jacob.19 When does the word ‘statute’20 apply? To the conclusion of the suit; and the All-Merciful calls it ‘judgment’. [Therefore we reason], Just as judgment is delivered by day,21 so here [the pronouncement must be] by day. IF THE BETH DIN [ALONE] HAVE SEEN IT, TWO OF THEM SHOULD COME FORWARD AND TESTIFY BEFORE THEM. Why so? Surely hearing should not carry greater weight than seeing?22 — R. Zera said, [It is necessary if] for instance, they saw it at night. 23 IF THREE PERSONS SAW IT, THEY [THEMSELVES] CONSTITUTING THE BETH DIN, TWO [OF THEM] SHOULD COME FORWARD AND THEY SHOULD ASSOCIATE SOME OF THEIR COLLEAGUES WITH THE ONE LEFT. Why so? Here too we can argue that hearing should not carry greater weight than seeing? And should you reply that here too [it is necessary] if, for instance, they saw it at night, then this is the same case as the one [preceding]? — It was necessary to state the last clause 24 [VIZ.]: BECAUSE AN INDIVIDUAL IS NOT AUTHORIZED [TO SAY ‘SANCTIFIED’] BY HIMSELF. For you might have thought that since it has been taught, ‘Money suits must be tried before three, but one who is a recognized legal expert25 can try them even alone’, so here too one might sanctify the month single-handed. Therefore we are told [that this is not so]. But cannot I say that this actually is the case?26 — There was no more universally recognized expert in Israel than Moses, and yet the Holy One, blessed be He, said to him, [Do not sanctify the month] until Aaron is with thee, as it is written, And the Lord said unto Moses and Aaron in the land of Egypt saying, This month is to you.27 This implies that a witness28 may act as judge. Shall we say then that our Mishnah does not agree with R. Akiba, since it has been taught: ‘If the Sanhedrin saw a man slay a person that such a thing is not ordinarily to be expected.