Sanhedrin 012
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BET MIDRASH VIRTUALI
of the Rabbinical Assembly in Israel
RABIN MISHNAH STUDY GROUP
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Today's shiur is dedicated to the memory of Lev Fabrikant (Lev ben Shalom v'Rivkah), who died suddenly February 14, 1998, at age 41. The shiur is dedicated by his widow, Mary Fabrikant.
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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):
17:
The year is intercalated by reference to three factors: whether the ground crops have ripened, whether to fruit crop has ripened and whether the spring equinox has occurred. When two of these factors are counter-indicated the year is to be intercalated [to allow another month for the crops to ripen etc], but when only one of them is counter-indicated the year is not to be intercalated… The year is intercalated [for the above reasons] from indications in three regions: Judah, Transjordan and Galilee. When two of these regions indicate [a need for intercalation according to the above factors] the year should be intercalated, not not just for one of them…
As far as the Intercalation of the Month is concerned all the sages are in agreement. However, our mishnah shows that with regards to the Intercalation of the Year there is a 'maĥloket' [difference of opinion between various sages]. Rabbi Me'ir and Rabban Shim'on ben-Gamli'el are the disputants. Rabbi Me'ir is of the opinion that there is no difference between a Bet Din that is qualified to intercalate a month and one that is qualified to intercalate a year: both are a Bet Din of three members of the Sanhedrin. In principle, Rabban Shim'on ben-Gamli'el agrees with the opinion of Rabbi Me'ir, but believes that it needs further elucidation. 18:
According to Rabban Shim'on ben-Gamli'el the Bet Din of three must first ascertain whether there is agreement concerning the need to intercalate the year. If all three members of the Bet Din are in agreement that this should be done, they are qualified to act upon their opinion – as taught by Rabbi Me'ir. However, if only two of the three think that the year should be intercalated a further two sages are co-opted onto the Bet Din. If three of the five think that the year should be intercalated two more sages are co-opted in order to make the actual decision. When only one member of the Bet Din of three thinks that the year should be intercalated his opinion is ignored and the matter is dropped; similarly, when three members of the Bet Din of five think that the year should not be intercalated the other opinion is ignored and the matter is dropped.
19: DISCUSSION:
Rémy Landauhas been in communication with me concerning terminology – a communication that I hinted at in our last shiur when I wrote a note to him in parenthesis. I have now received from him a fuller account of his view, which I think should be made available to everybody. Rémy Landau writes: My reference to the calendar calculations is with respect to what is being used today. These calculations are being done in accordance with specific numerical parameters that remain unchanging. That is why I believe that these calendar calculations are formal rather than astronomical. Because of the calculation rules used today, the Hebrew year is drifting away from spring at the rate of about 1 day in every 216 years. The drift rate away from March 21 is a bit slower and is at about 1 day in every 230 years. That is because the average Gregorian year is a bit longer than the average tropical solar year. So now, if we make no adjustments to either the Hebrew and the Gregorian calendars, we can formally calculate any Hebrew date in any year and see where that gets us. At about the time of Hillel II, Pesaĥ could not come any earlier than March 19. At about the time of Sa'adya Ga'on, some 6 centuries later, Pesaĥ could no longer come any earlier than March 22. In our times, Pesaĥ cannot come any earlier than March 26. That last happened in the year 1899 and will not occur again that early until the year 2013. Pushing these formal calculations into the future we get that Pesaĥ will first be observed on December 21 in the year 57,447 corresponding to the Hebrew year 61,207 (may you live till then in good health!). That is why I believe that it would be better and far more correct to suggest today's Hebrew calendar calculations are formal rather than astronomical. |