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text: English Explanation of Mishnah Rosh Hashanah
  ביאור אנגלי על משנה ראש השנה
  Mishnah Yomit by Dr. Joshua Kulp
  
  
  English Explanation of Mishnah Rosh Hashanah
  
  Introduction
  
  There are two main topics covered in tractate Rosh Hashanah. The first is the sanctification of the new month and the new year.  By “sanctification” I refer to the court’s decision which day shall be the first of the new month or new year—this decision gives the day sanctity.  The second topic is the shofar and the liturgy on Rosh Hashanah.  
  Today the Jewish lunar calendar is set—the day on which each month will begin is predetermined as are the lengths of each month. In mishnaic times the length of each month was not set. Rather each month they would determine when the new month would begin based on the testimony of witnesses who saw the new moon.  If the witnesses came to testify on the thirtieth day of the previous month, then that day would become Rosh Hodesh (the first of the month) of the next month and it would turn out that the old month had only twenty-nine days. If witnesses did not come, or they came but their testimony was not accepted in time, then the previous month would have thirty days and the new month would begin on the thirty-first day.  Usually, the calendar would alternate between twenty-nine day months and thirty day months because a lunar month is about 29 ½ days long.  
  The sanctification of the new month was done by an authorized court and it was done with quite a bit of ceremonial flourish, as we shall see.  We will also see some hotly contested disputes within the chapter concerning accepting testimony to sanctify the month. We need to realize that in the Second Temple period the calendar was one of the most divisive issues between sects of Jews. Some Jews used a solar calendar (notably the Dead Sea sect), whereas the Pharisees and subsequently the rabbis used a lunar calendar. This meant that different sect’s holidays fell at different times and it meant that people would have disagreed when holiday sacrifices should be offered at the Temple. 
  According to the Torah, Nisan, the month in which Pesah falls, is the first month of the year and not Tishrei, which is called by the Torah “the seventh month.”  The first day of the seventh month is referred to in Leviticus 23:23-25, “Speak to the children of Israel saying:  In the seventh month, on the first day of the month, you shall observe complete rest, a sacred occasion commemorated with loud blasts.  You shall not work and you shall bring an offering by fire to the Lord.”  Numbers 29:1-6 further describes the day’s sacrifices, calling it “a day of blasts.”  In the Torah, this day is not called the first of the new year.
  Only in rabbinic tradition is this day called “Rosh Hashanah”, although as we will see in the first mishnah, there are also other days that are considered the beginnings of a new year.  We should also note that the concept that Rosh Hashanah is “the Day of Judgment” appears first in rabbinic literature.  This theme was probably derived from the atonement aspect of Yom Kippur. If Yom Kippur is the “Day of Atonement” then there must be a judgment which needs to be avoided.  In the Bible itself, Yom Kippur and Rosh Hashanah are unconnected holidays. 
  According to the Torah Rosh Hashanah is only one day.  However, because of the problem of not knowing ahead of time what day Rosh Hashanah falls on, in other words, not knowing whether the previous month (Elul) was twenty-nine days or thirty days, led to Rosh Hashanah always being observed for two days. This is also true for Rosh Hodesh when the previous month was a thirty day month—it too is observed for two days.  The difference is that Rosh Hashanah is observed on the first two days of Tishrei, whereas a two-day Rosh Hodesh is observed on the last day of the previous month and the first day of the new month.  This is at least partly because Elul now has only 29 days.  
  A major portion of the last two chapters is dedicated to the laws of the shofar and to the special prayers on Rosh Hashanah.  These are still the two aspects of Rosh Hashanah most prominent in our lives.  We shall discuss them in far greater depth when we learn those chapters. 
  Good luck in learning Rosh Hashanah. It is an extremely interesting tractate—I’m sure you will enjoy it.     
  
  
  
  
  
  
  
  
  
  
  Mishnah 1
  
  Introduction
  This famous mishnah gives four new years and explains the halakhic significance of each of each of them.
  There are four new years:The first of Nisan is the new year for kings and for festivals.  The order of the new years in this mishnah reflects the order of the months in the Torah.  In the Torah, Nisan, the month in which Pesah falls, is considered to be the first month of the year, so it is listed here first. The first of Nisan is new year for the kings, which means that we count the years in which a king has ruled from the first of Nisan.  The reason why this is important is that in those times they would date their documents by the years in which the king had ruled.  In order for a document to be valid, therefore, one needed to know if which year of the king’s rule this was.  “For festivals” means that Pesah is considered to be the first festival of the year.   The reason that this is important is that it impacts someone who makes a vow to bring something to the Temple. Rabbi Shimon holds that he has three festivals to bring the vow-offering, and that the count of those three festivals begins on Pesah. So if he makes a vow after Pesah, he doesn’t begin counting the three festival time-limit until the following Pesah.
  The first of Elul is the new year for the tithe of beasts. Rabbi Elazar and Rabbi Shimon say:  the first of Tishri.  The first of Elul is the Rosh Hashanah for tithing animals. When tithing animals, one groups them by year.  The first of Elul is the beginning of the next year, so any animals born on or after this date count toward the next year’s tithe and not towards those animals that need to be tithed from the previous year.  Rabbi Elazar and Rabbi Shimon disagree concerning tithes. They hold that just as tithes for vegetables are fixed on the first of Tishri (see below), so too are tithes for animals.
  The first of Tishri is the new year for years, for shmitta and jubilee years, for planting and for [tithe of] vegetables.  The first of Tishri, what we today call Rosh Hashanah, is the new year for “years.”  This means that when we count what year it is, we count from the first of Tishri.  This is how we still count the years today.  Many other commentators take this to mean that counts based on the rule of non-Jewish kings are based on Tishri being the start of the new year.  The shmitta (Sabbatical) and Jubilee years begin on the first of Tishri meaning from this date all of the prohibitions and regulations concerning the Sabbatical and Jubilee years begin to take effect.  This is also the new year for “planting” trees, meaning that we count the number of years a tree has grown starting on the first of Tishri. This is important in order to know when it stops being “orlah” fruit which is prohibited during the trees first three years. Finally, the first of Tishri is the Rosh Hashanah for the tithes of vegetables.  Vegetables that were picked before Tishri are not tithed with vegetables picked afterwards.
  The first of Shevat is the new year for trees, according to the words of Bet Shammai. Bet Hillel says:  on the fifteenth of that month.  The two houses debate the date of the new year for trees: Bet Shammai holds that it is on the first of Shevat, and Bet Hillel holds that it is on the fifteenth (Tu B’shvat).  The importance of this new year is that fruit which has begun to sprout on the tree before this date is not tithed with fruit that spouts afterwards.
  
  Mishnah 2
  
  Introduction
  This mishnah lists four points of the year in which the world is judged as to the outcome of certain essential aspects of life.  As we shall see, three of them are connected to agricultural holidays and events, whereas the fourth, the judgment on Rosh Hashanah, is more of a moral/religious judgment.
  At four set times the world is judged:On Pesah in respect to the produce.  In the land of Israel, the grain harvest begins around Pesah time. Indeed, this is why the Omer offering, which is brought from the first barley harvested, begins to be offered on the second day of Pesah.  The mishnah teaches that on Pesah the world is judged as to how successful the produce harvest will be.
  On Shavuot in respect to the fruit of the tree.  On Shavuot the harvest of the fruits of the tree begins.  Specifically, this seems to be when grapes begin to ripen. Hence, according to the rabbis this is when the world is judged as to the harvest of fruits which come from the tree.
  On Rosh Hashanah all the people of the world pass before Him like a division of soldier [a numerus], as it says, “He who fashions the hearts of them all, who discerns all their doings” (Psalms 33:15).  This is the central section in this mishnah, the reason why this mishnah is here in Rosh Hashanah. This is the source where we learn for the first time that on Rosh Hashanah the world is judged.  The image that the mishnah creates is that all the people of the world, perhaps even non-Jews, come in front of God one at a time and God inspects them.  He is like their general and they are his soldiers, standing at attention and being judged by Him.  The word “numerus” was interpreted by Saul Lieberman, the premier Talmudic scholar of the past century, as referring to an army division.  The version in the mishnah was understood by later talmudic scholars who did not know Greek, as “kivne meron”, understood to refer to the sheep on the Meron mountain.  This led to the well-known image of people passing in front of God like sheep passing in front of a shepherd.  The point of the prooftext is that God who is the creator of the human heart, also looks at what a person does and judges each one according to his deeds.
  And on Sukkot they are judged in respect of rain.  In the land of Israel, the rainy season begins on Sukkot.  Hence, on Sukkot the people of the world are judged as to how much rain will come. To this day, on Sukkot Jews begin to pray for rain and add into the Amidah an acknowledgement that God causes the wind to blow and the rain to come down.  Rain and prayers for rain is a topic to which we will return when we learn tracate Taanit.
  
  Mishnah 3
  
  There are six months [at the beginning of which] messengers go out.On Nisan because of Pesah;On Av because of the fast.On Elul because of Rosh Hashanah.On Tishri because of the setting of the festivals.On Kislev because of Hanukah.And on Adar because of Purim.When the Temple stood, they used also to go out to report Iyar because of Pesah Katan (Pesah.In order to know what date holidays would fall on, people would need to know on what day the previous month had begun.  This would be simple for those living in and near Jerusalem because they could immediately find out whether the court had decreed the thirtieth day of the previous month to be Rosh Hodesh.  Our mishnah teaches that they used to send out messengers from Jerusalem so that people who lived further away could also find out when Rosh Hodesh had been decreed.  However, they did not send these messengers out every month of the year, only on months which contained holidays.Most of this mishnah is self-explanatory. Note that messengers do not need to go out for Shavuot because once one knows when Pesah falls, the date of Shavuot is known automatically.Section two:  “The fast” refers to Tisha B’av, the Ninth of Av.Section three:  Messengers would go out on Elul so that people would be able to celebrate Rosh Hashanah on the thirtieth day of Elul, lest that day turns out to be the first of Tishri.  They would celebrate Rosh Hashanah on the next day as well, lest Elul has thirty days.Section four: On Tishri the messengers would go out so that people would know when Yom Kippur and Sukkot fall.Section seven:  Pesah Sheni was the second chance for people to offer the pesah sacrifice if they did not offer it the first time (see Numbers 9:10-11 and Mishnah Pesahim 9:1).  After the destruction of the Temple this holiday lost any practical relevance.  We should note that by noting that when the Temple stood messengers went out for Pesah Sheni the mishnah also teaches that for all of the rest of the holidays the messengers still go out.  After the destruction of the Temple only Pesah Sheni has lost its relevance.
  
  Mishnah 4
  
  Introduction
  As we stated in the introduction, in mishnaic times they set the calendar each month based on the testimony of witnesses who would come to the central court and testified that they had seen the new moon.  Our mishnah teaches that on two months in order to testify that they had seen the new moon the witnesses may even profane Shabbat.  We shall explain what is special about these two months below.  What is critical is that the rabbis perceived it to be so critical that these witnesses come on time that they even allowed Shabbat to be profaned.  Shabbat might need to be profaned if, for instance, the witnesses had to travel beyond the Shabbat border limit (2000 cubits outside of the city) in order to get to Jerusalem to testify.
  On account of two months they profane Shabbat: on account of Nissan and Tishri, for on those months messengers go forth to Syria and in them the dates of the festivals are fixed.  There are two months on which witnesses may come to testify even if they need to profane Shabbat Nissan and Tishri.  This is because on those days the dates of the holidays, Yom Kippur, Sukkot, Pesah and Shavuot were set. Once we know when the first day of Nissan is we know when Pesah is, and we know when Shavuot will be as well.  Similarly, once we know when the first of Tishri falls, we know when Yom Kippur and Sukkot fall.  The messengers would go forth to Syria, meaning to the Diaspora, and let them know when the festivals would fall.  Therefore, it was critical that they find out what day Rosh Hodesh was as soon as possible.
  When the Temple stood they used to profane Shabbat for all the months, in order that the sacrifice might be offered on the right day.  In the Temple there was a special sacrifice offered on Rosh Hodesh.  Hence, it was essential that the witnesses testify on time every month so that the sacrifice would be offered on the correct day.  Hence, they could profane Shabbat in order to get to Jerusalem to testify concerning any of the months. .
  
  Mishnah 5
  
  Introduction
  This mishnah contains a qualification of yesterday’s mishnah, regarding when the witnesses may profane Shabbat in order to travel to Jerusalem to testifythat they had seen the new moon.
  Whether [the new moon] was seen clearly or was not seen clearly, they profane Shabbat on account of it. Rabbi Yose says:  if it was been seen clearly they do not profane Shabbat on account of it. According to the first opinion in the mishnah, witnesses can profane Shabbat in order to come to Jerusalem and testify regardless of whether the new moon was seen clearly or not.  Rabbi Yose holds that if the new moon was seen clearly in a place somewhat far away from Jerusalem, then it was probably seen clearly in Jerusalem as well.  In such a case witnesses would have seen it in Jerusalem and since they live close, they would not have to profane Shabbat in order to testify. Therefore those outside of Jerusalem should assume that those closer had testified and that they don’t need to come and profane Shabbat. The other sages disagree, reasoning that if you tell witnesses not to profane Shabbat when the new moon is seen clearly, they might end up not profaning Shabbat when the moon is not seen clearly, i.e. when they should profane Shabbat. Anything that might lead to witnesses not coming when their testimony is needed is discouraged.
  
  Mishnah 6
  
  Introduction
  This mishnah illustrates a concept which we mentioned at the end of yesterday’s mishnah-- anything that might lead to witnesses not coming when their testimony is needed is discouraged.
  It happened that more than forty pairs of witnesses were on their way [to Jerusalem] and Rabbi Akiva detained them in Lod. Rabban Gamaliel sent to him saying: if you prevent the multitude [from coming to provide testimony] it will turn out that you cause them to stumble in the future. The mishnah describes Rabbi Akiva in Lod holding back witnesses who were about to make their way to Jerusalem to testify that they had seen the new moon.  Rabbi Akiva detains the because he reasons that there is no need for so many witnesses to testify; after all, two would seem to be sufficient.  Commentators add that this transpired on Shabbat.  Rabbi Akiva did not think it was necessary for forty pairs of witnesses to profane Shabbat, when only two were needed, so he held the unneeded pairs back. Rabban Gamaliel rebuked Rabbi Akiva for his actions.  Witnesses who were told not to go to Jerusalem to testify would not go next time they see the new moon, and perhaps that time they would actually be needed.  This is what he means when he says, “cause them to stumble.”
  
  Mishnah 7
  
  Introduction
  This mishnah deals with a father and a son jointly testifying that they had seen the new moon.  In normal cases the testimony of relatives may not be joined in order to add up to the required two witnesses.  However, some sages, as we shall see below, hold that in the case of testifying regarding the new moon the joint testimony of relatives is acceptable.
  If a father and a son have seen the new moon, they should both go [to Jerusalem], not that they can join together as witnesses but so that if one of them is disqualified the other may join with another witness.  According to the first opinion in this mishnah, a father and son’s testimony is not joined together.  However, they should nevertheless travel together to Jerusalem, for should one of them be disqualified, the other one will be able to testify along with another person.  In tomorrow’s mishnah we will learn what might disqualify a person from testifying.
  Rabbi Shimon says that a father and son and all relatives are eligible to testify to the appearance of the new moon.  Rabbi Shimon disagrees and holds that relatives may indeed testify that they saw the new moon.  According to Rabbi Shimon the testimony for the new moon works differently from testimony in other legal matters where relatives’ testimony is not joined together.
  Rabbi Yose said: it happened once that Tobias the doctor saw the new moon in Jerusalem along with his son and his freed slave. The priests accepted his evidence and that of his son and disqualified his slave. But when they appeared before the court they accepted his evidence and that of his slave and disqualified his son.  Through the story in this section we learn that there was a debate between the priests and the “court” of sages concerning two issues regarding testimony as to the new moon: the ability of relatives to jointly testify and the ability of a freed slave.  The priests accepted the evidence of the relatives, probably because each of these people is himself fit to testify.  The sages, which the mishnah calls here “the court,” accepted that of the freed slave, because they generally hold that freed slaves were allowed to testify. There is some interesting history which we may glean from this mishnah.  First of all, the mishnah portrays two courts in Jerusalem, one that was made up of priests and one made up of others who evidently were not priests. The non-priest court is portrayed as being more authoritative.  Second, it is noteworthy that the priests reject that of the freed slave while the other court accepts it.  This may connect in general with the high value the priests placed on lineage.
  
  Mishnah 8
  
  Introduction
  This mishnah is basically taken word for word from Sanhedrin 3:3.  It is brought here again because the previous mishnah mentioned the possibility that a person would be disqualified from testifying.
  And these are they which are not qualified [to be witnesses or judges]: A dice player, a usurer, pigeon racers, or traffickers in Seventh Year produce, and slaves.  There are five categories of people who are disqualified from acting as witnesses or judges:  1) The first is a dice player, in other words a gambler.  Such a person cannot testify since he is known to be a liar, especially with regards to monetary matters.  Another reason is that he doesn’t participate constructively in building society. 2)  A usurer.  He is also probably considered to not be trustworthy in monetary matters. 3)  A pigeon racer.  Racing pigeons was a form of gambling. 4)  Those who sell produce grown during the Seventh Year. According to Lev. 25:5-7 produce grown in the fields during the Seventh Year may be eaten by its owners, but it may not be sold.  One who therefore sells Seventh Year produce is engaging in forbidden business practices which according to our mishnah make him not trustworthy to testify or act as a judge. 5)  A slave referring to a slave who has not been freed.
  This is the general rule:  any testimony for which a woman is not qualified, they too are not qualified.  The rules of acceptance of testimony from slaves are the same as those for a woman.  Any case where they did allow the testimony of a woman, such as testimony concerning the death of another woman’s husband (see Mishnah Yevamot 15:4), they also allowed the testimony of a slave
  
  Mishnah 9
  
  Introduction
  This mishnah lists several different ways in which a person might come to profane Shabbat on his way to testify that he saw the new moon. The mishnah is adamant a person on his way to Jerusalem may profane the Shabbat in any way that he needs to in order to ensure that he makes it to Jerusalem in order to testify.
  If one who has seen the new moon and is not able to walk [to Jerusalem] on foot, he may be brought on a donkey or even in a litter [on Shabbat].  Here we learn that a person may transgress two prohibitions in order to make it to Jerusalem to testify:  he may ride on a donkey and others may carry him on a litter, which is a violation of carrying.
  If they [the witnesses] are likely to be attacked, they may take sticks [to defend themselves].  They may also carry sticks in order to defend themselves against bandits or highway robbers.
  If the distance is great [to Jerusalem], they may take provisions with them, since for as much as a night and a day’s journey they were allowed to profane Shabbat and go out to testify concerning the new moon, as it says:  “These are the appointed times of the Lord … which you shall proclaim at their appointed time” (Leviticus 23:4).  They can also carry food with them on their way to Jerusalem.  The witnesses were allowed to travel for up to an entire night and one day in order to get to Jerusalem, meaning if they saw the new moon in the evening when Shabbat began, and they were far enough away that they would have to walk the entire night and all day and then just get there when Shabbat was over, they were still allowed to go.  Of course, if they lived farther away than they couldn’t come because they wouldn’t make it in time anyway. The rabbis’ adamancy that one must go to Jerusalem to testify and that one can break Shabbat in order to do so is justified by a midrash.  The Torah says that the appointed times, the festivals, must be proclaimed at their appointed time.  This is understood by the rabbis to mean that it is essential that the court declare the new moon on time so that the festivals would fall at the correct time. If doing so requires one to profane Shabbat, so be it.
  
  
  
  
  
  Mishnah 1
  
  Introduction
  As I have written on several occasions, the setting of the calendar was a point of great conflict between ancient Jewish sects, namely the Pharisees, Essenes, Sadducees and Dead Sea sect (which may overlap with the Essenes or Sadducees, or perhaps even both).  This mishnah alludes to this strife when it relates that the minim, a generic rabbinic term for sectarians, tried to disrupt the process by sending false witnesses. It sounds like they wanted to trick the Pharisees into declare the new month on the wrong date.  Even though the sectarians in this mishnah probably used a solar calendar, they still wanted to disrupt the Pharisaic/rabbinic calendar.  It’s as if they wanted to say even according to your own system, you’re celebrating on the wrong day.
  If they don’t know him [the one who came to testify], they send another with him to testify concerning [his reliability].  This section expresses the current halakhah (the halakhah that was valid at the time of the mishnah).  When someone was sent to testify concerning the new moon, if this person was not known to the central court that accepted the testimony, then they would send with him a person who was known to the court to vouch for the witness’s reliability. Basically, he would tell the court that the witness was a “kosher yid” and not a sectarian.
  Originally testimony concerning the new moon was accepted from anyone. When the minim disrupted this, it was decreed that testimony should be received only from persons known [to the court].  This explains the background to the need for a second person to testify as to the reliability of the witness.  Before the sectarians “ruined” it, everyone was trusted to testify. We should note that this mishnah is probably more “historiographical” than “historical.”  That is to say, the mishnah teaches us how to view history, more than it teaches us what actually happened. The mishnah presents a pre-minim history in which everyone could trust one another; it was a moment of unity between all Jews. The minim came and disrupted this unity and now we have to suspect one another.  Obviously a person hearing this mishnah will know how undesirable the minim really are.
  
  Mishnah 2
  
  Introduction
  Above in 1:3 we learned that the court used to send messengers out to let the people in the Diaspora know that the new month had been decreed.  In our mishnah we learn that this custom was the result of another attempt by a non-Pharisaic/rabbinic group of Jews to disrupt the calendar.
  Originally they used to light torches [to signal that the new month had been decreed]. When the Samaritans disrupted this, they decreed that messengers should go out. In tomorrow’s mishnah we shall learn how they used to light torches, or beacons, in order to let everyone in the Diaspora know that a new month had been decreed.  Here we learn that they stopped doing this because the Samaritans disrupted the process by lighting torches on the night of the thirtieth even though the court had not decreed a new month.  Again we see that one of the sects attempts to have other Jews, Jews who follow a rabbinic calendar, celebrate their holidays on the wrong day.
  
  Mishnah 3
  
  How did they light the torches? They used to bring long poles of cedar and reeds and olive wood and flax fluff and they tied them all together with a string. And someone used to go up to the top of a mountain and light them with fire and wave them back and forth and up and down until he saw the next one doing the same thing on the top of the second mountain; and so on the top of the third mountain.This mishnah teaches how the torches were made and how the signals were passed from the top of one mountain to another.  The mishnah is simple to understand and so no commentary appears below.
  
  Mishnah 4
  
  At what places did they light the torches? From the Mount of Olives [in Jerusalem] to Sartaba, and from Sartaba to Gripina, and from Gripina to Havran, and from Havran to Bet Biltin. From Bet Biltin they did not move, but rather waved [the torch] back and forth and up and down until he saw the whole of the diaspora before him lit up like one bonfire.This mishnah continues to discuss the torches used to let the Jews in the Diaspora know that the new month had been declared in Jerusalem.  The mishnah traces a progression from the Mount of Olives in Jerusalem all the way to Babylonia. At Bet Biltin the chain of torches would end for there the one waving the torch in Bet Biltin would be able to see all of the Diaspora lighting their torches in response. The Talmud relates that “Diaspora” here refers to Babylonia.Since the mishnah is self-explanatory, I will again refrain from commenting.
  
  Mishnah 5
  
  Introduction
  Our mishnah deals with the witnesses who have come to Jerusalem to testify that they saw the new moon.
  There was a large courtyard in Jerusalem, and it was called Bet Yazek. There all the witnesses used to assemble and the court would examine them there. They would make large feasts for them there so that they would have an incentive to come.  When the witnesses came to Jerusalem they were directed to a courtyard called Bet Yazek.  The court would examine them there, as we shall see in tomorrow’s mishnah.  Interestingly, they would make a big feast for them there in order to encourage people to come to testify.  We again see how important the testimony concerning the new moon was for the rabbis.
  Originally they used not to leave the place the whole day, but Rabban Gamaliel decreed that they could go two thousand cubits from it in any direction. And these were not the only ones [who could go two thousand cubits in any direction], but also a midwife who has come to deliver a child, or one who comes to rescue from a fire or from bandits or from a river in flood or from a building that has fallen in   all these are like residents of the town, and may go two thousand cubits [on Shabbat] in any direction.  This section deals with the laws of Shabbat border limits, a subject which we learned in greater depth in Eruvin (see especially 4:1-3, for laws which deal with the topic addressed here.)  A person is not allowed to go more than 2000 cubits outside of the city in which he began Shabbat.  If he does so, he is stuck in his place and can’t walk more than another four cubits.  In the case in our mishnah, witnesses came to Jerusalem to testify on Shabbat. This was permitted and indeed encouraged, as we saw in 1:4-5.  Our mishnah teaches that originally such a person could not leave the courtyard because a person who leaves his Shabbat border cannot move more than four cubits in any direction.  The courtyard which was enclosed was considered to be all within four cubits. However, this would discourage people from coming to Jerusalem to testify because they would know that they would be stuck there the whole day. In order to encourage people to come to testify, Rabban Gamaliel the elder, a sage who lived while the Temple still stood, decreed that they could move about like the rest of the people of the town.  This means that they could move around all of Jerusalem and even go outside of the city 2000 cubits in any direction. The mishnah goes on to say that the same ruling applies to anyone who left his Shabbat border for a permitted reason.  So a midwife who leaves her Shabbat border limit to go and deliver a child may now go all around the city she came into and may go 2000 cubits in all direction.  The same is true for anyone who leaves his Shabbat border limit in order to save property. Since we want to encourage people to do so, they are allowed this concession.
  
  Mishnah 6
  
  Introduction
  As we mentioned in yesterday’s mishnah, once the witnesses arrived in Jerusalem they were brought to Bet Yazek where the court would examine them.  Our mishnah teaches how they were examined.
  How do they test the witnesses?The pair which arrives first, they test them first.  The first pair to get there would be the first pair that would be examined first come, first serve.
  They bring in the older of them and they say to him, “Tell us, how did you see the moon   in front of the sun or behind the sun?  To the north of it or to the south? How high was it, and in which direction was it inclined?  And how broad was it?” If he says [he saw it] in front of the sun, his evidence is rejected.  As is usual in all court cases, they interrogate the witnesses one at a time.  The examination would consist of several questions which would ascertain that the witnesses had actually seen the new moon.  At the time of the new month (the molad, in Hebrew) the moon is found at sundown in the west near the sun.  From that time on it goes further east away from the sun, until at the fifteenth of the month it is in the east opposite the sun.  Right before the new moon it is west of the sun and it sets before the sun such that it looks as if it is “in front of the sun.”  After the new month (the molad) it sets after the sun and is further from the horizon and it looks as if it is “after the sun.”  Therefore, if he says that he saw it “in front of the sun,” he has not seen the new moon and his testimony is rejected. One who stands looking west at sunset, where he might see the new moon at the right time of the month has the north to his right and the south to his left.  Therefore, when they ask north and south, what they mean is was the moon to the right or left of the sun.
  After that they would bring in the second and test him. If their accounts were the same, their evidence was accepted.  If the witnesses said the same thing, then there testimony is accepted.
  And the other pairs were only questioned briefly, not because they were required at all, but so that they should not go out disappointed, so that they would be regular in coming [to testify].  Once two witnesses have testified, there is no need for more testimony from other witnesses.  Nevertheless, the court didn’t want to just turn the rest of the pairs of witnesses away because if they did so they might not come back in the future reasoning that there was no need for their testimony. Therefore, they asked the witnesses a few questions in order to make them feel that their long trip to Jerusalem had not been in vain.
  
  Mishnah 7
  
  Introduction
  This mishnah describes the ceremonial declaration made by the court when they sanctified the new month.  We should note that we have seen several occasions in which ritual was used by the rabbis in order to engage in polemics against a rival Jewish group such as the Sadducees.  For example the ritual of the water libation was emphasized, as was the ritual in which they harvested the new barley, the omer, on the day after the first day of Pesah. Our mishnah may also describe a ritual used for at least slightly polemical purposes.
  The head of the court says, “Sanctified,” and all the people answer after him, “Sanctified, sanctified.”  The ritual consists of the head of the court announcing that the new moon had been sanctified and the rest of the people responding, “Sanctified, sanctified.”
  Whether the new moon is seen at its proper time or not at its proper time they sanctify it. Rabbi Elazar bar Zadok says that if it is not seen as its proper time they do not sanctify it for heaven has already sanctified it.  According to the first opinion, this ritual is performed whether or not the court sanctifies the new moon on the thirtieth day of the previous month (the proper time), turning the previous month into a twenty-nine day month, or whether the previous month lasted a full thirty days and the new moon was not declared until the thirty-first day (not its proper time). Remember, a month can have only 29 or 30 days. Rabbi Elazar bar Zadok says that the ceremony was performed only if the month was sanctified at its proper time, meaning on the thirtieth day.  If the new moon was not seen on this day, then it is as if heaven had sanctified the month by allowing it to last the full thirty days. Since heaven sanctified it, the court does not perform the ritual declaration. We should note that beneath the surface of this mishnah we again can detect the conflict between the court determining the new month by making a ritual declaration and the calendar being set by the cycles of nature that is heaven sanctifying the new month.  As we have seen, this was a major debate among Second Temple Jews, and echoes of the debate seem to still be found in post-Temple rabbinic literature.
  
  Mishnah 8
  
  Rabban Gamaliel had diagrams of the moon on a tablet [hung] on the wall of his upper chamber, and he used to show them to the unlearned and say, “Did it look like this or this?”It happened that two witnesses came and said, “We saw it in the morning in the east and in the evening in the west.” Rabbi Yohanan ben Nuri said:  they are lying witnesses. When they came to Yavneh Rabban Gamaliel accepted them.On another occasion two witnesses came and said, “We saw it at its proper time, but on the night which should have been the new moon it was not seen,” and Rabban Gamaliel accepted their evidence. Rabbi Dosa ben Harkinas said: they are lying witnesses. How can they testify that a woman has given birth when on the next day her belly is between her teeth (? Rabbi Joshua to him: I see your argument.This mishnah and the next one contain one of the most famous stories in rabbinic literature.  In it Rabban Gamaliel and Rabbi Joshua clash over accepting what seems to surely be false testimony as to the new moon.Section one: This section sets up the character of Rabban Gamaliel, who will play the lead role in the story.  Rabban Gamaliel was the head of the court in Yavneh and he was the rabbi who would ultimately decide whether the witnesses’ testimony would be accepted and the new month sanctified.  In order to facilitate this, he would have pictures of the moon in its different phases hung up in his upper chamber, where he would interrogate them.Section two:  The story now begins.  Two witnesses come in front of some rabbi (it’s not clear whom they come in front of) and tell him that they saw the new moon in the morning in the east and in the evening in the west.  This is impossible and hence Rabbi Dosa ben Harkinas calls them lying witnesses.  The witnesses proceed on to Yavneh and come in front of Rabban Gamaliel, who sanctifies the month based on their testimony.  We as readers of the mishnah are properly shocked wasn’t Rabban Gamaliel the very rabbi who was especially fervent in checking the witnesses?The same thing seems to happen a second time.  Again witnesses offer impossible testimony, which Rabbi Dosa ben Harkinas promptly rejects, this time using a graphic analogy.  In Hebrew there is a pun which is lost in translation. The word for pregnant and the word for a thirty day month are the same.In the final line of the mishnah, a new character is added, Rabbi Joshua.  Rabbi Joshua agrees with Rabbi Dosa ben Harkinas, setting the stage for his eventual clash with Rabban Gamaliel in tomorrow’s mishnah.
  
  Mishnah 9
  
  Introduction
  This mishnah is the continuation of yesterday’s story of Rabban Gamaliel, Rabbi Joshua and Rabbi Dosa ben Harkinas and the sanctification of the new moon based on erroneous testimony.  At the end of yesterday’s mishnah, Rabbi Joshua agrees with Rabbi Dosa ben Harkinas that the witnesses’ testimony was false and therefore Rabban Gamaliel should not have accepted it.
  Rabban Gamaliel sent to him: I order you to appear before me with your staff and your money on the day which according to your count should be Yom Hakippurim.  The action begins with Rabban Gamaliel’s response to Rabbi Joshua. Rabban Gamaliel sends one of his messengers (henchmen) to him and demands that he come to Rabban Gamaliel on the day which he believes to be Yom Kippur, the day after Rabban Gamaliel would have celebrated Yom Kippur.  This is a harsh decree, one delivered by the politically potent Rabban Gamaliel, to the wise yet weak Rabbi Joshua. Rabbi Joshua would be forced to desecrate the holiest day of the year by carrying his stick and money in the public domain and by going beyond the Shabbat border limit.  Indeed, if Rabbi Joshua believes that that day is Yom Kippur, he would have to ignore Rabban Gamaliel’s demands rather than transgress such a serious prohibition.
  Rabbi Akiva went and found him in distress. He said to him: I can teach that whatever Rabban Gamaliel has done is valid, because it says, “These are the appointed seasons of the Lord, holy convocations, which you shall proclaim at their appointed times” (Leviticus 23:4), whether they are [proclaimed] at their proper time or not at their proper time, I have no other appointed times save these.  Rabbi Akiva hears about the goings on and comes to Rabbi Joshua to offer him advice.  His advice is based on a midrash. The verse seems to imply, at least according to its midrashic reading, that the holidays are holy whether or not the court decrees them to fall at their “proper” time or at the wrong time.  In other words, Yom Kippur is when the court determines it to be, and not when it really should fall according to some predetermined “heavenly” time.  If the court makes a mistake and sanctifies the new month of Tishri on the wrong day, then ten days later is still Yom Kippur.  Rabbi Akiva is basically telling Rabbi Joshua that even if Rabban Gamaliel is wrong with regard to the new month, the day upon which he declares Yom Kippur to fall is still Yom Kippur.
  He [Rabbi Joshua] then went to Rabbi Dosa ben Harkinas. He said to him: if we call in question the court of Rabban Gamaliel we must call in question the decisions of every court which has existed since the days of Moses until now. As it says, “Then Moses and Aaron, Nadav and Avihu and seventy of the elders of Israel went up” (Exodus 24:9).  Why were the names of the elders not mentioned?  To teach that every group of three which has acted as a court over Israel, behold it is like the court of Moses.  Rabbi Joshua now goes to Rabbi Dosa ben Harkinas, the same sage who said in yesterday’s mishnah that the witnesses were lying.  This is a fascinating move.  He is basically going to Rabbi Dosa and asking him, “What should I do?  I agreed with you, and see what a predicament it has gotten me into.”  Rabbi Dosa, like Rabbi Akiva, provides him with a midrash which supports him going to Rabban Gamaliel on the day which he thinks is Yom Kippur.  Rabbi Dosa’s midrash teaches that the court that stands at every generation is equal in authority to that of Moses and his court.  This is the ultimate statement of rabbinic authority.  One shouldn’t think that the current rabbinic courts are inherently of a lesser status. Although the sages that live today may not be as close to the source, God and the Torah, as was Moses, their authority is nevertheless not diminished.
  He [Rabbi Joshua] took his staff and his money and went to Yavneh to Rabban Gamaliel on the day which according to his count should be Yom Hakippurim. Rabban Gamaliel rose and kissed him on his head and said to him: Come in peace, my teacher and my student   my teacher in wisdom and my student because you have accepted my decision.  Peace is finally made and rabbinic unity is restored.  Rabbi Joshua is either convinced by Rabbi Akiva and Rabbi Dosa ben Harkinas, or he realizes that he has no choice but to go to Rabban Gamaliel.  Rabban Gamaliel greets him with open arms, praising him for both his wisdom and importantly, also for his acceptance of his decree.
  
  
  
  
  
  Mishnah 1
  
  Introduction
  Although this is the first mishnah of a new chapter, it is really the last mishnah to deal with the sanctification of the new month.  It contains a few final rules governing how the court decides that the new month should be declared.
  If the court and all of Israel saw it, if the witnesses were examined and there was no time left to say “Sanctified” before it grew dark, then the month is impregnated (it has thirty.  In this case, it was abundantly clear that the new month had arrived, but the court was not able to convene and sanctify it before it grew dark and the thirtieth day of the previous month was over.  The mishnah rules that since the court did not have time to declare the new month sanctified, it is not sanctified and Rosh Hodesh will have to wait for the next day.  We should note that again we see here the ideology that the court, that is humans, are what create the reality of the new month, and not the astronomical phenomenon itself.
  If the court alone saw it, two of them should stand up and testify before them, and then they can say, “Sanctified, sanctified.”  If the members of the court themselves were the only ones who saw the new moon, then those who saw the new moon should testify in front of the others (at least three others) that the new moon had been sanctified, and then the court may declare, “Sanctified, sanctified.”
  If three people saw it, and they [themselves] are the court, two [of them] should stand up and they should seat some of their colleagues with the one [remaining judge], and they [the two] should testify before them and they can then say, “Sanctified, sanctified.” For an individual is not trusted [to sanctify the new month] by himself.  Here, only three people see the new moon, and they themselves are the court that is supposed to declare that it is sanctified. Since the same people that function as witnesses cannot function as judges, two of them must find two other people to take their place as judges and then they may testify that they saw the new moon.  The mishnah concludes by noting that one person cannot serve as the sole decision maker with regard to the declaration of the new month.
  
  Mishnah 2
  
  Introduction
  This mishnah opens the second half of tractate Rosh Hashanah, which deals mostly with the laws of the shofar and the shofar blasts, as well as the special mussaf prayers for Rosh Hashanah.  In this mishnah rabbis debate what animals’ horns may be used for the shofar
  All shofars may be used except for that of a cow, because it is a keren.  According to the first opinion, all shofars can be used on Rosh Hashanah expect for the horn of a cow, because the horn of a cow is not called a shofar but rather a keren, which is a Hebrew word for horn.  The reason that we require a horn called a shofar is that Leviticus 25:9 uses the word shofar in connection with Yom Kippur of the Jubilee year, and the rabbis say that this shofar is the paradigm for the shofar of Rosh Hashanah. The types of shofar that can be used are specifically that of a ram (an ayil in Hebrew), which is usually bent, and that of an ibex (a yael in Hebrew), which is straight.
  Rabbi Yose said: Are not all shofars called keren as it says, “When they make a long blast with the ram’s keren [horn]?” (Isaiah 6:5).  Rabbi Yose points out that the horn of a ram is also called a keren, as proven from the quote from Isaiah.  And if a ram’s horn can be used even though it is called a keren, why can’t the horn of a cow be used? The other rabbis don’t respond to Rabbi Yose in the mishnah.  The Talmud, however does provide their reponse.  The rabbis respond to Rabbi Yose that all horns of animals are called both keren and shofar, whereas that of a cow is called only keren. This means that in order for a horn to be used it has to be called a shofar but not necessarily exclusively.
  
  Mishnah 3
  
  Introduction
  This mishnah discusses the shofar used on Rosh Hashanah.
  The shofar used on Rosh Hashanah was that of an ibex, straight, and its mouth was overlaid with gold.  According to the mishnah, the shofar used on Rosh Hashanah should be from the horn of an ibex.  The Talmud explains that the straightness or simplicity of the shofar is symbolic of the straightness of a person’s prayers.  In the Talmud Rabbi Judah disagrees with this mishnah and says that one should use the bent horn of a ram, symbolic of how a person bends down in humility before God.  The Rambam points out that the horn of the ram also reminds us on Rosh Hashanah of the sacrifice of Isaac, when Isaac was eventually replaced by a ram. The mouthpiece of the shofar was overlaid with gold.  According to the Talmud, this relates to the shofar that was blown in the Temple.  Covering the mouthpiece of the shofar is no longer allowed.
  There were two trumpets, one on each side of it. The shofar gave a long blast and the trumpets a short one, since the commandment of the day was with the shofar.  The idea that there were trumpets accompanying the shofar is expressed also in Psalms 98:6, “With trumpets and the sound of a shofar you shall make blasts before God the King.”  Again, the Talmud relates that this was done only in the Talmud.  Priority was given to the sounds of the shofar over those made by the trumpets.
  
  Mishnah 4
  
  Introduction
  This mishnah deals with the shofar and trumpet blasts that are sounded on public fast days.  These were fast days that were declared when Israel experienced distress, mostly the distress of not having enough rain.  Tractate Taanit, the next tractate which we shall learn, is dedicated to this subject.
  On [public] fast days they used shofars of rams, curved, the mouths of which were covered with silver, and there were two trumpets in between them.  The basic function of this mishnah is to distinguish the Rosh Hashanah ritual, described in yesterday’s mishnah, with the public fast day ritual described here.  This distinction was probably created and then emphasized in the Mishnah in order to preserve the integrity of both occasions.  On public fast days the shofar was made from a ram’s horn, which was curved and instead of its mouth being covered with gold, it was covered with silver.  On Rosh Hashanah the trumpets were on the outside, whereas on public fast days they were in between the shofars.
  A short blast was made with the shofars and a long one with the trumpets, because the mitzvah of the day is with trumpets.  This section again offers a distinction between the Rosh Hashanah practice and the public fast practice.  On Rosh Hashanah the mitzvah is with the shofar so its blasts are longer.  On the public fast day the mitzvah is with the trumpets, so their blasts are longer.  This is derived from Numbers 10:9 according to which the Israelites should blast trumpets when going out to war. From here the rabbis derive that in all cases of public distress, they should sound blasts with trumpets.
  
  Mishnah 5
  
  Introduction
  Leviticus 25:8-16 deals with the Jubilee year, the fiftieth year after seven cycles of seven years.  Verse 9 states, “Then you shall sound the horn loud; in the seventh month, on the tenth day of the month the Day of Atonement you shall have the horn sounded throughout your land.”  Our mishnah deals with the rituals of this day which begins the Jubilee year.
  The Jubilee is the same as Rosh Hashanah when it comes to blowing [the shofar] and blessings.  According to the first opinion, the laws of blowing the shofar and the recitation of blessings are the same for the Jubilee year as they are for Rosh Hashanah of every year.  The blessings referred to here are the special blessings recited as part of the Mussaf Amidah. We will learn more about these blessings in chapter four.
  Rabbi Judah says: on Rosh Hashanah they blow with [a shofar of] rams and on Jubilees with [a shofar] of ibex.  Rabbi Judah says that different animals’ horns are used for the two shofars.  The one for Rosh Hashanah is that of a ram, whereas on the Jubilee they use the horn of an ibex. We should note that Rabbi Judah disagrees with the opinion in mishnah three above, according to which on Rosh Hashanah we use the horn of an ibex.
  
  Mishnah 6
  
  Introduction
  This mishnah deals with the physical wholeness of the shofar.  It teaches what flaws in the shofar render it invalid.
  A shofar which has split and then he stuck it together is not valid.  According to the Talmud, this refers to a shofar which has split lengthwise.  One cannot use it by gluing it back together.  This is either because the shofar won’t sound good, or because air will inevitably escape not only from the end but from the sides as well.
  If he stuck together fragments of shofars, it is not valid.  In this case, someone tries to glue together pieces of a broken shofar to make one whole one. This doesn’t work for the same reasons it doesn’t work to glue together one shofar.
  If there was a hole in a shofar and he closed it up, if it interferes with the blowing it is not valid, but if it does not it is valid.  In this case the shofar was not cracked, as was the shofar in yesterday’s mishnah, but just had a hole in it.  If after he patches it up the shofar sounds okay, then it may be used.  If not, it may not be used.  Others explain that the words “if it interferes with the blowing” refer to before the hole is closed.  If the hole prevents the sound before it is patched up, he may not use the shofar even after it has been patched up.
  
  Mishnah 7
  
  Introduction
  This mishnah teaches two halakhot:  1) one must hear the sound of the shofar and not an echo of the sound of the shofar; 2) when hearing the shofar one must have intention to hear it for the sake of the fulfillment of the commandment.  The mishnah illustrates cases where one may have heard a shofar blast and nevertheless not fulfilled his obligation
  One who blows into a pit or a cistern or a jug, if he heard the sound of the shofar, he has fulfilled his obligation, but if he hears the echo [also], he has not fulfilled his obligation.  Here someone blows a shofar into an echo-producing chamber, such as a pit, a cistern or a jug. The mishnah rules that in order to fulfill his obligation he must be sure that he heard the sound of the shofar and not the echo of the sound of the shofar. There is a geonic commentary on this mishnah, according to which the mishnah refers to a time of persecution when the Romans outlawed the public observance of commandments. They hid their shofar blasts to avoid the authorities.
  And also one who was passing behind a synagogue or if his house was next to the synagogue and he heard the sound of the shofar or of the megillah [being read], if he directed his heart (had, then he has fulfilled his obligation, but if not he has not fulfilled his obligation. Even though this one heard and this one heard, this one directed his heart and this one did not.  This section teaches that when hearing the shofar on Rosh Hashanah, or Megillat Esther on Purim, one must have the intention of hearing them in order to fulfill the commandment.  A person might be walking behind a synagogue and hear them blow the shofar and then think to himself, “Great, I’ve just fulfilled my commandment” (and no need to go to shul today!). The mishnah rules that the act of hearing the shofar is not sufficient.  One must have the intention to hear in the fulfillment of a commandment.  The final section of the mishnah notes how strongly this commandment is connected to intention both the one who walked behind the synagogue and the one who actually went to the synagogue heard the same exact thing, yet one has fulfilled his obligation and one has not.   Tomorrow’s mishnah will contain the central rabbinic statement as to the role that intention plays in halakhah.
  
  Mishnah 8
  
  Introduction
  In yesterday’s mishnah we learned that for one to fulfill one’s obligation of hearing the shofar, one must have the proper intention.  The first section of today’s mishnah provides an essential statement with regard to ritual and intention.  While ritual plays an extremely important role in Judaism, it is nevertheless considered only an external sign of internal intention and conviction.  The Mishnah brings up several cases in the Torah where Moses seems to perform a magical ritual that aids Israel. The rabbis understand the magic to be a means to evoke intention and reflection upon God, and not to be a ritual that works regardless of the inner emotions and thoughts of the people of Israel.
  The second section of the mishnah teaches that those who cannot legally have intention, meaning the law considers them unable to have such thoughts concerning the fulfillment of commandments, cannot aid others in fulfilling their obligation to hear the shofar.
  “And it came to pass, when Moses held up his hand Israel prevailed” etc. (Exodus 17:1.  Did the hands of Moses wage war or break [Israel’s ability] to wage war? Rather this teaches that as long as Israel would look upwards and subject their hearts to their Father in heaven they prevailed, and if not they fell.  The stories and the lessons of this mishnah are taught quite straightforwardly. Moses’s raising of his hands does not itself cause Israel to conquer Amalek and when his lowering of his hands does not itself cause the Israelites to lose.  Their success and failure in war is a function of their belief in God and their subjecting themselves to God.  We might note that Moses’s hands are held up high, causing Israel to look up at them. This is intended to cause Israel to think about God, who dwells in Heaven.  It might be no accident that the rabbis choose this example and the next to illustrate their attitude towards ritual and intention.
  Similarly, “Make for yourself a fiery serpent and mount it on a pole.  And if anyone who is bitten shall look at it, he shall live” (Numbers 21:8).  Did the serpent kill or did the serpent keep alive? Rather, when Israel would look upwards and subject their hearts to their Father in heaven, they were healed, and if not their [flesh] would melt away.  The copper serpent (in Hebrew “seraph”, a word whose meaning is somewhat uncertain) is not a magical charm healing Israel from the wounds of the serpents sent by God to attack them as a punishment for their constant complaining.  Rather the serpent is symbolic again of God it causes Israel to look up and to direct their hearts to God.  Only by having the right intention can Israel be healed.
  A deaf-mute, a lunatic and a minor cannot cause others to fulfill their religious obligation. This is the general principle: one who is not himself obligated in the matter cannot perform it on behalf of others.  According to rabbinic law, deaf-mutes, lunatics and minors are not in full control of their mental faculties, and hence cannot have proper “intention.”  This causes them to be exempt from the performance of commandments that require intention, such as the hearing of the shofar.  Since they themselves are not obligated to blow the shofar, they cannot blow the shofar in order for others to hear and thereby fulfill their obligation. This is true in all cases a person who is not obligated to perform a commandment cannot himself perform that commandment on behalf of others.  One must be personally obligated in order to fulfill the more communal role of fulfilling a mitzvah for other people.
  
  
  
  
  
  Mishnah 1
  
  Introduction
  This mishnah deals with blowing the shofar on Shabbat.  It is somewhat unclear why blowing the shofar on Shabbat should be prohibited at all.  After all, as we shall see, some places did blow the shofar on Shabbat. It seems to me that there may have been a desire among the sages to prevent the celebration of Rosh Hashanah from overshadowing that of Shabbat.  In the Talmud they provide a midrashic reason why one shouldn’t blow the shofar on Shabbat.
  If Yom Tov of Rosh Hashanah fell on Shabbat, they would blow the shofar in the Temple but not in the country.  There are two different explanations for “Temple” and “country.” Some commentators explain “Temple” to refer to all of Jerusalem and “country” to refer to anywhere outside of Jerusalem. According to this interpretation, they allowed the shofar to be blown in Jerusalem because there they would know whether the new moon had been sanctified.  In other words, they would know for certain whether it was Rosh Hashanah.  Outside of Jerusalem they couldn’t be sure, so they wouldn’t blow the shofar on Rosh Hashanah.  Assumedly, at this period there were already two days of Rosh Hashanah so that they could blow the second day. The other explanation is that “Temple” refers to the Temple itself, and “country” refers to all places outside of the Temple. They allowed the shofar to be blown in the Temple because rabbinically prohibited activities are allowed on Shabbat in the Temple.  However, this interpretation does not fit particularly well with the mishnah which we shall learn tomorrow.
  After the destruction of the Temple, Rabban Yohanan ben Zakai decreed that it should be blown [on Shabbat] in every place where there was a court.  This begins a series of decrees made by Rabban Yohanan ben Zakkai, one of the leaders of the rabbis after the destruction of the Second Temple. The other decrees will appear in the following mishnayot. Rabban Yohanan ben Zakkai decreed that the shofar should be blown on Shabbat in all places where a rabbinic court, according to some a Sanhedrin, sat.  This in essence bequeathed the authority of the Sanhedrin in Jerusalem on all subsequent courts, no matter where they sat.
  Rabbi Eliezer said: Rabban Yohanan ben Zakai decreed for Yavneh only. They said to him: both Yavneh and any place where there is a court.  Rabbi Eliezer disagrees with the broad application of Rabban Yohanan ben Zakkai’s decree (takkanah) and limits it only to the court in Yavneh.  Rabbi Eliezer may be claiming that it is only Rabban Yohanan’s personal authority that allowed him to make such a decree.  Other courts, which will not be able to count Rabban Yohanan ben Zakkai as one of them, will not have such authority. The other rabbis reject Rabbi Eliezer’s statement.  The decree bestowed authority on all subsequent courts and not just on the one in Yavneh. We might say that the authority is vested in the office and not in the individual rabbi, charismatic and learned as he may be.
  
  Mishnah 2
  
  Introduction
  This mishnah is a direct continuation of yesterday’s mishnah.
  There was another way in which Jerusalem was greater than Yavneh, that in every city which could see [Jerusalem] and hear and was near and could get to Jerusalem, they used to blow [on Shabbat], whereas in Yavneh they used to blow in the court only. In Yavneh they blew the shofar on Shabbat only in the place where the court sat.  However, in Jerusalem they would blow the shofar on Shabbat not only in Jerusalem but in all of the surrounding areas as well.  This distinction between Jerusalem and Yavneh may have been an attempt to preserve the uniqueness of the authority of Jerusalem and its court. While Yavneh may have received some of the authority of Jerusalem, it was still not as great. The beginning of the mishnah implies that there was another way in which Jerusalem was greater than Yavneh, besides that listed in the Mishnah.  The Talmud asks what this was, and answers that in Jerusalem they would blow the shofar on Shabbat both in front of the court and not in front of the court.  In Yavneh the shofar was blown on Shabbat only in front of the court.  This may be a way of saying that while the court in Yavneh was authoritative, the city did not have inherent sacredness, as did Jerusalem.
  
  Mishnah 3
  
  Introduction
  In the previous mishnah we learned of a decree that Rabban Yohanan ben Zakkai made after the destruction of the Temple.  The next two mishnayot contain other such decrees.
  If this mishnah seems familiar it is because we just learned it in Sukkah 3:12.  The below commentary is the same as that found there.
  Leviticus 23:40 reads, “On the first day you shall take...and you shall rejoice before the Lord your God seven days.”  The beginning of the verse states “on the first day” and the end of the verse says, “seven days.”  From here the rabbis derived that the mitzvah of taking the lulav is for a different amount of time in different places. They read the second half of the verse as applying to the Temple, “before the Lord your God.”  Hence, the lulav was taken up for seven days in the Temple.  Outside of the Temple, or according to other commentaries, outside of Jerusalem, the lulav was taken for only one day.
  In earlier times the lulav was taken for seven days in the Temple, and in the provinces for one day only.  When the Temple still stood the lulav was taken in the Temple (or in Jerusalem) for seven days and outside of the Temple for only one day, as explained in the introduction.
  When the temple was destroyed, Rabbi Yohanan ben Zakkai decreed that the lulav should be taken in the provinces for seven days in memory of the Temple,  However, when the Temple was destroyed, there was a problem.  If people only observed the commandment for one day, they would soon forget that originally the commandment was observed for seven days, at least in some places.  Rabban Yohanan ben Zakkai, one of the leading rabbinic figures after the destruction of the Temple, decreed therefore that the lulav should be taken up for seven days, in memory of the Temple.
  [He also decreed] that on the whole of the day of waving it be forbidden [to eat the new produce].  Having related one of the decrees that Rabban Yohanan ben Zakkai made after the destruction of the Temple, the mishnah now relates another, similar decree.  We need to note a little bit of background to understand this.  On the second day of Pesah, when the Temple still stood, the Omer offering of barley was harvested and brought to the Temple and waved by a priest.  After this day, it was permitted to eat from the new grain harvest (see Leviticus 23:9-14).  Since people outside of Jerusalem would not know precisely when the Omer had been offered, they would wait at least half of the day before they would eat from the new harvest.  When the Temple was destroyed and they could no longer offer the Omer, the rabbis derived from the Torah that the new produce could be eaten as soon as the second day of Pesah began.  In other words, without an Omer sacrifice the day itself allowed the new harvest.  Again, Rabban Yohanan ben Zakkai perceived a problem.  If people would eat from the new harvest immediately on the 16th of Nissan, when the Temple is rebuilt they would forget that they need to wait until the Omer is offered.  Therefore he decreed that the new produce could not be eaten for the entire day. It is interesting to note that the rabbis who lived close to the destruction of the Temple believed that it would speedily be rebuilt.  Just as they began working on the rebuilding of the First Temple only 70 years after its destruction, rabbis who lived in the first and early second century probably assumed that their Temple would also be rebuilt in a short time.  However, after the Bar Kokhba revolt was crushed, it probably began to dawn on many that the realistic chances of the Temple being speedily rebuilt were not good.  The hopes of course never died, but this type of legislative activity making decrees lest the Temple be rebuilt quickly, were more characteristic of the pre Bar Kokhba period.
  
  Mishnah 4
  
  Introduction
  There are two more decrees mentioned in this mishnah, both which have to do with the testimony concerning the new month.
  Originally they used to accept testimony with regard to the new moon during the whole day.  Originally, it didn’t matter when during the day the witnesses came to testify that they had seen the new moon there testimony was always accepted.
  On one occasion the witnesses were late in arriving, and the Levites went wrong in the daily hymn.  The problem with accepting witnesses all day is that when witnesses successfully testify they turn the current day into Rosh Hodesh, or in the case of Tishri, Rosh Hashanah. If they come late in the day, it may be difficult to correctly observe the special Rosh Hodesh rituals because time is simply running.  The mishnah relates that this happened one time.  The witnesses came late in the day and the Levites in the Temple sang the wrong Psalm.  The Levites would sing a Psalm while the Tamid (Daily) sacrifice was being offered.  There was a different song depending on whether it was a regular day or whether it was Rosh Hodesh. In the morning they sang the regular Psalm for that day, and then because the witnesses hadn’t yet come they sang the same Psalm for the afternoon Tamid. When the witnesses came, it turned out that they never sang the correct Psalm.
  They therefore decreed that testimony should be accepted only until the afternoon [sacrifice].  They therefore decreed that the testimony of the witnesses would only be accepted until minhah time, which was the time when they would offer the tamid sacrifice (see Pesahim 5:1).
  If witnesses came after the afternoon sacrifice that day should be kept as holy and also the next day.  This section refers to Rosh Hashanah, which is not only Rosh Hodesh but also a sacred holiday.  On Rosh Hashanah they would observe the thirtieth day of the previous month as a holiday meaning they wouldn’t work.  If witnesses came before minhah, then that day would count as Rosh Hashanah, and the next day would not be Rosh Hashanah.  If they came later than minhah, then that day would not have counted as Rosh Hashanah (even though they already refrained from work) and the following day will be observed as Rosh Hashanah.  This is the origins of the custom to observe Rosh Hashanah for two days.
  After the destruction of the temple Rabban Yohanan ben Zakkai decreed that testimony with regard to the new moon should be received during the whole day.  After the destruction of the Temple there was no more need to worry about the Levites singing the wrong song.  Therefore, Rabban Yohanan ben Zakkai restored the rule to its original state, and allowed the acceptance of testimony for the entire day.
  Rabbi Joshua ben Korha said: this further did Rabbi Yohanan ben Zakkai decree, that not matter where the head of the court might be, the witnesses should have to go only to the place of the assembly.  According to Rabbi Joshua ben Korcha there was yet another decree made by Rabban Yohanan ben Zakkai.  Rabban Yohanan ben Zakkai decreed that when the witnesses came to testify all they had to do was come to the place of assembly, which is where the court sat.  They did not have to chase after the head of the court if he was in another place.  This decree seems to be another way of saying that the authority of the court is determinative and not the individual authority of its leader.
  
  Mishnah 5
  
  Introduction
  The Amidah prayer said at Mussaf on Rosh Hashanah is the longest and most unique Amidah of the year.  It contains the three blessings which begin every Amidah “patriarchs”, which concludes ‘magen Avraham’; “powers”, which concludes ‘mehayeh hametim’; and “the sanctification of the day”, which concludes ‘hael hakadosh’, or ‘hamelekh hakadosh’ between Rosh Hashanah and Yom Kippur.
  The Amidah ends with the same three prayers with which it always ends, “blessing of the Temple service (begins with R’tzeh) and “thanksgiving” (begins with modim) and the blessing of the priests (sim shalom it is called the blessing of the priests because it begins with the priestly blessing).
  There are three middle blessings, but the rabbis in our mishnah disagree about what these are.  There are actually four topics which are mentioned in these three blessings. The first is the sanctification of the day, a blessing said on every festival. The other three are unique to Rosh Hashanah. They are “kingship (Malkhuyot)”, “Remembrance (Zikhronot)” and “Shofarot.”  Each of the sections contains the recitation of relevant biblical verses, along with a liturgical composition and a concluding blessing.
  In our mishnah the rabbis argue about the composition of these three middle blessings.  We should emphasize that they agree concerning the content, and they agree that there are three and not four blessings. They also all agree that we blow the shofar three times during the Amidah.  They also agree that “kingship” is not a separate blessing.  In the points of agreement are far greater than the points of disagreement.  They disagree only concerning which blessing “kingship” is combined with, and when precisely we blow the shofar.
  You might want to look at a Rosh Hashanah Mahzor while studying this mishnah.
  The order of blessings [in the Musaf Amidah of Rosh Hashanah]:He says “patriarchs”, “powers” and the “sanctification of the name” and includes the kingship verses with them and does not blow [the shofar]. The sanctification of the day and blows [the shofar], the remembrance-verses and blows [the shofar], and the shofar-verses and blows [the shofar].  Then he says the blessing of the Temple service and “thanksgiving” and the blessing of the priests, the words of Rabbi Yohanan ben Nuri.  According to Rabbi Yohanan ben Nuri the special kingship verses are combined with the “sanctification of the day” blessing but the shofar is not blown during this blessing.  He then recites the sanctification of the day blessing (kedushat hayom) and finally the other two special Rosh Hashanah blessings remembrance and shofarot.  He blows the shofar during all three of these blessings.  He then completes the Amidah in the normal fashion.
  Rabbi Akiva said to him: if he does not blow the shofar for the kingship-verses, why should he say them?  The kingship-verses are one of the three sections of the Amidah that are unique to Rosh Hashanah.  According to Rabbi Akiva, it wouldn’t make sense to recite these verses without blowing the shofar.
  Rather he says:  “patriarchs”, “powers” and the “sanctification of the name” and includes the kingship verse with the sanctification of the day and blows the shofar, then he says the remembrance-verses and blows, and the shofar-verses and blows. Then he says the Temple service and “thanksgiving” and the blessing of the priest.  Therefore, Rabbi Akiva suggests a different order.  First he should recite the normal three blessings which begin each Amidah, without any deviation. Then he includes “kingship” with the sanctification of the day blessing, and blows the shofar as well. Then he recites the other special Rosh Hashanah blessings remembrance and shofarot. He then completes the Amidah in the normal fashion. Our Rosh Hashanah Mussaf Amidah today follows that of Rabbi Akiva.
  
  Mishnah 6
  
  Introduction
  As the core of the three special Mussaf Amidah blessings, “malkhuyot (kingships)”, “zikhronot (remembrances)” and “shofarot” we recite verses from the Torah that use the roots of these three verses.  Our mishnah contains several debates concerning the quantity and order of these verses.
  They do not recite less than ten kingship [verses], ten remembrance [verses], and ten shofar [verses].  According to the first opinion, each section must include ten verses.  This is the current practice.  We recite three verses from the Torah, three from the Prophets and three from the Writings and then we conclude with a final verse from the Torah.
  Rabbi Yohanan ben Nuri says: if he said three from each set he has fulfilled his obligation.  Rabbi Yohanan ben Nuri holds that as long as one has recited three verses, assumedly one from each of the three sections of the Tanakh, he has fulfilled his duty.
  They do not mention kingship, remembrance and shofar verses of punishment.  The words for “king”, “remember” and “shofar” sometimes appear in connection with punishment. These verses should not be used as part of the liturgy, for what seems like obvious reasons.
  He begins with [verses] from the Torah and concludes with [verses] from the prophets.  According to the first opinion, he begins by reciting verses from the Torah and ends with verses from the Prophets.  In between the two, he recites verses from the Writings.
  Rabbi Yose says: if he concludes with [a verse] from the Torah he has fulfilled his obligation.  Rabbi Yose seems to say that while he should conclude with a verse from the Prophets, as was stated in the previous opinion, nevertheless if he concludes with a verse from the Torah he has discharged his obligation. However, the Talmud understands Rabbi Yose as saying that it is actually preferable to end with a verse from the Torah. Due to this understanding of his words, the accepted halakhah is that we conclude with a verse from the Torah.
  
  Mishnah 7
  
  Introduction
  On days upon which Mussaf is recited (festivals and Rosh Hodesh) there are two people who function as the “shaliah tzibbur”, prayer leader the first does Shacharit and the second does Mussaf.  Our mishnah determines which of these people blows the shofar and which of them recites the Hallel.
  The one who passes before the ark on the festival of Rosh Hashanah: the second one blows the shofar.  On Rosh Hashanah, the shaliah tzibbur for Mussaf is the one who blows the shofar.  It is interesting that the mishnah needs to dictate this.  It seems that at some early point in the development of Jewish liturgy, the Shacharit Amidah for Rosh Hashanah also included liturgy in which it would have been appropriate to blow the shofar.  In our current liturgy, there is no place in the Shacharit Amidah to do so, and hence it is quite obvious that the shaliah tzibbur for Mussaf blows the shofar.
  On days when Hallel is said, the first one recites the Hallel.  On days on which Hallel is recited, the Shaliah Tzibbur for Shacharit is the one that recites the Hallel.  Today we practice this by having Hallel fall in between Shacharit and Mussaf.
  
  Mishnah 8
  
  Introduction
  This mishnah contains a few more rules concerning the shofar.
  [For the sake of] the shofar of Rosh Hashanah one is not allowed to go past the [Shabbat] border, nor remove a pile of rocks, nor climb a tree, nor ride on an animal, nor swim on the water.  In this section there is a list of activities that are rabbinically (derabanan) prohibited on Shabbat. That is to say, they are prohibitions that are less significant than those prohibited by the Torah.  Nevertheless, the mishnah states that one does not transgress these prohibitions in order to be able to blow the shofar.  For instance, if one needs to go past the Shabbat border limit (2000 cubits outside of the city) to get a shofar or to hear one blown, one should not do so.  If the shofar is under a pile of rocks, one may not clear them away in order to get to them.  One may not climb a tree if the shofar was in a tree (this is beginning to sound like a famous Dr. Seuss book I would not hear it under rocks, I would not hear it in a tree). Nor may one ride an animal or swim in water to get to the shofar.  The important issue here is the principle one does not transgress any commandments in order to hear the shofar.
  One may not cut it, neither with an instrument forbidden because of shevut, nor with an instrument forbidden by a negative commandment.  Should one need to cut the shofar in order to make it usable for blowing, one may not do so, neither with a type of knife prohibited derabanan on account of shevut (mandated resting) nor with a type of knife prohibited deoraita from the Torah.  A knife that is typically used to cut something like a shofar would be prohibited from the Torah, while one not typically used for such purposes would be prohibited derabanan, a lesser prohibition.
  But if he wants to pour wine or water into it he may do so.  One may pour wine or water into the shofar in order to improve its sound. This is not considered to be a violation of the Shabbat and Yom Tov prohibition of “making a vessel.”
  They need not prevent children from blowing the shofar [on Rosh Hashanah]; on the contrary, they may help them until they learn how to blow.  Children are not obligated to hear or blow the shofar on Rosh Hashanah. Since they are not obligated, we might have thought that they should not blow the shofar at all because the shofar is a form of work on Rosh Hashanah. The mishnah dispels this notion and states that not only do we not stop children from blowing the shofar, but we encourage them to practice and we teach them until they know how to blow.  The Talmud adds that even on Shabbat we can help them practice.
  One who is just practicing has not fulfilled his obligation, and the one hears [the blast made] by another when practicing has not fulfilled his obligation.  Since the previous section discussed practicing, this mishnah concludes by teaching that practicing does not count as blowing the shofar in order to fulfill one’s obligation.  A person who on Rosh Hashanah blows the shofar as practice has not fulfilled his obligation because he did not have the proper intention.  Similarly, one who hears the shofar from a person practicing has not fulfilled his obligation, because one must hear the shofar being blown by someone who intends to fulfill his and others’ obligation.
  
  Mishnah 9
  
  Introduction
  The final mishnah of Rosh Hashanah deals with the order of the shofar blasts.  In the commentary on this mishnah I will note some of the ways in which the halakhah has developed over the centuries.
  The order of the blasts:  three sets of three each.  There are nine core blasts of the shofar during the Mussaf  Amidah three during each section, malkhuyot, zikhronot and shofarot.  Each set consists of one tekiah, one teruah, followed by another tekiah.  A set therefore consists of a teruah, preceded by and followed by a tekiah.
  The length of a teki’ah is equal to three teru'ahs, and the length of a teru'ah is equal to three yevavot.  A tekiah is a longer blast than a teruah and a teruah is a longer blast that a yevavah, which is a short staccato blast. In the Talmud there is a doubt about whether a teruah consists of a few medium length notes or a greater number of staccato notes.  Today we call the few medium length notes “shevarim” and we call the shorter notes “teruah.”  Since it is unclear which we should do, we do both (Jews love to compromise).  We also do one set that is “shevarim-teruah” because a teruah may include both the shevarim and the teruah.  This doubt concerning the doubt about how the blasts are to be done is the main way in which the original nine blasts have been expanded.  The service also includes sets of shofar blasts that are not done throughout Mussaf.
  If one prolonged the first teki'ah so that it went directly into the second, it counts only as one.  At the end of one set of blasts is a tekiah. There is also a tekiah at the beginning of another set. If the shofar blower starts a tekiah at the end of one set and continues to blow long enough that it could have counted for the tekiah at the beginning of the next set, then it only counts as one tekiah.  Each shofar blast must be integral and a doubly long blast counts only as one.
  One who has blessed [recited the Amidah] and then a shofar is given to him, he sounds a teki'ah teru'ah teki'ah three times.  As we stated above, the shofar blasts are integrated into the Amidah. However, the obligation to blow the shofar is independent of the obligation to recite the Mussaf prayer.  Therefore, if one does not have a shofar while reciting the Amidah, and then gets one later on, he should blow the shofar even though he has already recited the Amidah.
  Just as the shaliah tzibbur is obligated, so every single individual is obligated. Rabban Gamaliel says:  the shaliah tzibbur (communal prayer causes the whole congregation to fulfill their obligation.  The final section contains an extremely important debate concerning the function of the shaliach tzibbur, literally translated as “the agent of the community.”  According to the first opinion, every person is individually obligated to recite the entire Amidah.  The Talmud comments that according to this opinion, the function of the shaliach tzibbur is to fulfill the obligation for a person who doesn’t know how to recite the Amidah.  One who knows how to recite the Amidah cannot have his obligation fulfilled on his behalf by the shaliah tzibbur. According to Rabban Gamaliel the shaliach tzibbur’s recitation of the Amidah fulfills the obligation of the entire community. The question then must be asked why should the other members of the community even bother reciting the Amidah?  The answer given is that while the rest of the community recites the Amidah, the shaliah tzibbur has time to prepare to recite the Amidah. Congratulations!  We have finished Rosh Hashanah. It is a tradition at this point to thank God for helping us finish learning the tractate and to commit ourselves to going back and relearning it, so that we may not forget it and so that its lessons will stay with us for all of our lives. Mishnah Rosh Hashanah had two main sections, one about the sanctification of the new month, Rosh Hodesh, and the other about Rosh Hashanah itself.  The Jewish calendar and its connection to the moon should remain an important way in which we connect ourselves to the cycles of nature, to the waxing and the waning of the new moon.  In modern times, women have reclaimed Rosh Hodesh as a woman’s holiday.  I hope that learning this mishnah has aided in these celebrations and as a reminder to everyone that Rosh Hodesh is not just the recitation of Hallel but is a monthly renewal of our calendar. Rosh Hashanah remains one of the central holidays in the Jewish calendar.  I hope that by learning the Mishnah we can help return to the holidays roots which are a reminder of God’s kingship and God’s salvation. And again, as always, congratulations on learning another tractate of Mishnah.  We are getting close to having finished half of the Mishnah.  May you have the strength and time to keep on learning more! Tomorrow we begin Taanit.