Sanhedrin 011
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BET MIDRASH VIRTUALI
of the Rabbinical Assembly in Israel
RABIN MISHNAH STUDY GROUP
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מַכּוֹת, בִּשְׁלשָׁה. מִשּׁוּם רַבִּי יִשְׁמָעֵאל אָמְרוּ, בְּעֶשְׂרִים וּשְׁלשָׁה. עִבּוּר הַחֹדֶשׁ, בִּשְׁלשָׁה. עִבּוּר הַשָּׁנָה, בִּשְׁלשָׁה, דִּבְרֵי רַבִּי מֵאִיר. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, בִּשְׁלשָׁה מַתְחִילִין, וּבַחֲמִשָּׁה נוֹשְׂאִין וְנוֹתְנִין, וְגוֹמְרִין בְּשִׁבְעָה. וְאִם גָּמְרוּ בִשְׁלשָׁה, מְעֻבֶּרֶת:
[Cases involving] flogging [are heard by a panel of] three; it was reported in the name of Rabbi Yishma'el [that he was of the opinion that such cases are heard before a panel of] twenty-three. The intercalation of the month [is heard] before three. The intercalation of the year before three – this is the opinion of Rabbi Me'ir; Rabban Shim'on ben-Gamli'el says that they start with three, debate with five and conclude with seven; but if they concluded with three the intercalation is valid.
EXPLANATIONS (continued):
13:
We must now explain the "Intercalation of the Year". The Torah [Exodus 12:2, 13:4, 23:3, 34:18, Deuteronomy 16:1] requires that the month in which the festival of Pesaĥ falls must be in the spring. However, as every child knows, the seasons of the year are determined by the annual progress of the Earth around the suns's axis. In the winter the days are short and the nights are long; in the summer the opposite is true. In the spring and fall the days and nights are roughly equal in length. When, after the end of winter, we reach that day in the year in which there is an equal amount of daylight and nighttime (the spring equinox) spring is presumed to have arrived. (In terms of the Western civil calendar that day is March 21st.) Thus, put in terms of the Western civil calendar, Pesaĥ should never fall before March 21st. 14: 15: 16:
It is related of Rabban Gamli'el >span style="color: black">[the Elder, around 30 CE] that he was sitting at the top of the steps of the Temple Mount and Yoĥanan the scribe was standing before him, with three parchment scrolls ready before him. Rabban Gamli'el said to him, "Take one letter and write… To our brethren in the Diaspora of Babylon, Media and the rest of Israel's Diaspora: may your welfare ever increase! We hereby inform you that the young chicks are still ungrown, the sheep have not yet lambed and springtime has not yet arrived. It is therefore seemly to me and my colleagues to add thirty days to this present year…"
To be continued:
DISCUSSION:
Cheryl Birkner Mack writes: One thing remains unclear to me: how could witnesses see the moon on the 29th or 30th day of the month? I thought the moon was/is not visible at this time. I respond: The actual point of the Molad, lasts a very short time. Within minutes thereafter the thinnest crescent of the new moon would be visible. By astronomic calculations (Rémy Landau, please note!) the sages knew in what part of the sky and at what elevation the new crescent would be visible, thus they were able to check the accuracy and veracity of the witnesses. Actually, on this last point the sages were caught on the horns of a dilemma. In order to encourage people to take the trouble to journey to Jerusalem to give evidence much fuss was made of the pair of witnesses upon whose evidence the new month was sanctified. Furthermore, all the witnesses were interviewed (even after there was no need for any more of them) so that they would not be disappointed and consider their journey a waste of time, thus refraining from making the effort next time. However, the fact that a lot of fuss was made of the witnesses must have been very tempting to glory-seekers, and those on the look out for a super dinner at the people's expense! These problems are reflected in the following Mishnah [Rosh ha-Shanah 2:8]
Rabban Gamli'el [of Yavneh, last quarter of 1st century CE] had on the wall of his study diagrams of various shapes of the lunar crescent. He would show these to the simple folk and ask them, "Did you see something like this or something like this?" On one occasion a pair of witnesses came forward and testified that they had seen the lunar crescent in the eastern sky in the morning and later, in the evening, in the western sky [an astronomical impossibility]. Rabbi Yoĥanan ben-Nuri said that they were giving false testimony, but Rabban Gamli'el nevertheless accepted them. On another occasion a different pair testified that they had seen the crescent of the new moon at the correct time but had not seen it on the following day. Rabban Gamli'el accepted them, but Rabbi Dosa ben-Hyrcanos said that they must be giving false testimony, for "how can they testify that a woman gave birth one day and on the next that she was still pregnant?!" Rabbi Yehoshu'a said, "What you say makes sense to me!".
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