MISHNAH: There are four New Year’s Days. On the first of Nisan is New Year for kings [The first year of a king’s reign terminates at the end of Adar, irrespective of when he gained the throne. This is important for the dating of documents by regnal years and represents the practice in Mishnaic times and the early Israelite monarchic period. Mesopotamian practice uses the first of Tishre (“beginning”) for the same purpose.] and for holidays [In all biblical holiday lists the sequence is Passover-Pentecost-Tabernacles. Since the holidays always are described in terms of months, the statement is equivalent to saying that Nisan is the first month.] . On the first of Elul is New Year for animal tithe [Lev. 27:32–33. For determining animal tithe, all calves born in the same tithing year are counted together, but not those of any other year.] ; Rebbi Eleazar and Rebbi Simeon say, on the first of Tishre.
HALAKHAH: “There are four New Year’s Days,” etc. It is written [Ex. 12:2. The verse establishes that months are counted from the month of the spring equinox, post-exilic (Accadic) called Nisan.] , this month shall be for you the head of the months. For you it is the head of the months but it is head neither for years nor for Sabbatical periods nor for Jubilees [It is clear from Lev.25 that Sabbaticals and Jubilees are counted from the end of the agricultural year in the month of the fall equinox.] nor for planting [To determine the years of `orlah, when no fruit may be taken.] nor for vegetables [To determine the year for purposes of the tithe since inferred from Deut. 14:22, which requires agricultural tithe being given year by year, that no tithe may be given from produce of one year for produce grown in another.] . And I could say, for you it is the head of the months but it is head neither for kings nor for holidays. Rebbi Jacob bar Aḥa, Rebbi Yasa in the name of Rebbi Joḥanan: It is written [2Chr.3:2.] , he started to build in the second month, in the second, [The text is ambiguous. The later derivations read it as a repetition: He started to build in the second month, the second month of the fourth year; in the style of Gen. 8:5. If the same number is used to describe the month in the sequence of months and the month in the year, it follows that the year must start with month one.] in the fourth year of his reign. It bracketed the fourth year of his reign with the second of the months. Since the second of the months is only counted from Nisan, also the second in the fourth year of his reign is only counted from Nisan. Or is it only the second in the month? Any place where the second day in the month is intended it is explicit [This is how the unofficial Targum of 2Chr.3:2 reads it: He started to build on the second day of the second month of the fourth year; a reading also rejected in the Babli 3a since it always is stated as “day nin the month.”] . Or is it only the second in the week? We do not find this count in the Torah [Babli 3a.] . But is it not written, it was evening and it was morning, the second day [Gen. 1:8.] ? One makes no inferences from the Creation of the World [Since they are God’s days, not human days.] . Which one is the second of the months and which one is the second of the years [In 2Chr.3:2.] ? Rebbi Ḥanania and Rebbi Mana. One said, he started to build in the second month, that is the second of the months; in the second, that is the second in the year. But the other one, even if you switch it does not change anything. Rebbi Simeon bar Karsana in the name of Rebbi Aḥa understood it from the following: This month is for you, an exclusion. The first it be for you, [an exclusion.] An exclusion after an exclusion is to include [A general principle in both Talmudim. Peah6:9 Note 154, Yebamot 12:1 Note10, Soṭah 9:2 Note 63, Horaiot1:1 Note 9 q. v., Megillah4:4 75b l.14; Babli Megillah23b, Yoma43a, Bava qamma15b, Bava batra15a, Sanhedrin15a,44b,66a, Makkot9b, Ševuot7b, Menaḥot9b,67a, Ḥulin132a.] for kings and holidays. Could one include for years, or for Sabbatical periods, or for Jubilees, or for planting, or for vegetables? Following what Rebbi Jacob bar Aḥa, Rebbi Yasa in the name of Rebbi Joḥanan said: It is written, he started to build in the second month, in the second, in the fourth year of his reign. It bracketed the fourth year of his reign with the second of the months. Since the second of the months is only counted from Nisan, also the second in the fourth year of his reign is only counted from Nisan. Rebbi Jonah, Rebbi Isaac bar Naḥman in the name of Rebbi Ḥiyya bar Joseph: He started to build in the second month, that is the second of the months; in the second, that is the second in the year. And when he says, in the fourth year of his reign, it bracketed the fourth year of his reign with the second of the months. Since the second of the months is only counted from Nisan, also the second in the fourth year of his reign is only counted from Nisan. Samuel stated and disagreed [He holds that the count of years depends on the political circumstances.] : In the third month of the Israelites’ exodus from Egypt [Ex. 19:1.] . From here that one counts months from the exodus from Egypt. Not only months, from where years? The Eternal spoke to Moses in the wilderness of Sinai in the second year [Num. 9:1.] . Not only at that time, from where later? In the fortieth year of the Israelites’ exodus from Egypt [Num. 33:38. Babli 2b] . Not only temporarily, from where for later generations? It was in the 480th year of the Israelites’ exodus from Egypt [1K.6:1.] , etc. After the Temple had been built they started to count from its building: It was at the end of twenty years after Salomon built the two houses [1K. 9:1.] . They did not merit to count from its building, they started counting from its destruction: In the twenty-fifth year of our exile, on New Year’s Day, on the tenth of the month [Ez. 40:1. In a Jubilee year, New Year’s day is moved to the Day of Atonement; cf. the author’s edition of Seder Olam(Northvale 1998), pp. 118–119, Note 4.] , etc. They did not merit to count for themselves, they started counting regnal years, [as it is written,] in year two of Darius [Ḥaggai1:1.] ; in year three of Cyrus, king of Persia [Dan. 10:1.] . And I am saying, [2Chr.3:2.] he started to build in the second month, in the second, in the fourth year of his reign. It bracketed the fourth year of his reign with the second of the months. Since the second of the months is only counted from Nisan, also the second in the fourth year of his reign is only counted from Nisan.
Rebbi Eleazar in the name of Rebbi Ḥanina: Also for the kings of the peoples of the world one only counts from Nisan [He holds that Jewish documents, in particular biblical reports, always start regnal years in Nisan, irrespective of the official calendar of the kingdom to which it refers. The Babli 3b admits this only for good kings.] . In the sixth, in year two of Darius [Ḥaggai1:15. He reports that they started to build the Second Temple on 6/24 of year 2 of Darius.] . In the eighth, [in year] two of Darius [Sach. 1:1. If the regnal year of Darius were counted from the start of the 7th Month, Tishre, the eighth month would have to be in year three.] . Should we not say, “in the eighth in year three”? Heipha said, the eighth was said first but there is no earlier and later in the Torah [Since Sacharia scolds the people for not building the Temple in the eighth Month of year 2 of Darius, this must precede the date given by Haggai. Therefore the regnal year cannot be counted from Nisan, but it runs from the 1st of Tishre to the end of the following sixth month, against R. Ḥanina. That Sacharia is written after Haggai in the minor prophets has no chronological relevance. “Torah” here includes the entire Hebrew Bible (and Mishnah, Note 318) and is not restricted to the Pentateuch. Cf. Megillah1:2 (70d l.59); also Sheqalim6:1 (49d l. 70) and Sotah8:3 (Note 127) as minority opinion of R. Meïr. Babli Pesaḥim6b (Num. rabba9(44)).] . Rebbi Jonah said, it is written: and now take notice, starting with this day, before a stone is set upon stone in the Temple of the Eternal [Haggai2:15. The prophecy is dated 9/2 of year 2 of Darius.] . How is this? In the sixth the foundation stone was laid. In the eighth [This must read: “ninth”.] this verse was said. If you are saying, they already laid, Heipha is correct. If you are saying, they did not lay, Heipha did not say anything [If the prophet says that while they are building the Temple they already notice that God’s blessing of Judean agriculture started before they actually started building, the statement cannot be used to determine the start of regnal years.] . Rebbi Isaac objected: Is it not written [Gen. 9:13.] , it was in the 601-st year, in the first, on the first day of the month? And it was stated on this, the year of the Flood is not counted [This argument presupposes that Noe’s years are treated as regnal years. This is not the position of Seder Olam(of Babylonian redaction) which asserts that the numbers given in Gen. may be added, which means that overlapping parts of years have been eliminated. If the year started in Tishre, in the middle of the Flood, the statement is acceptable, but not if it started in Nisan, since the flood started only on 2/17 of that year. This problem is treated in detail by the 16th Cent. Rabbi Moses Almosnino (published in Moriah30, part 5–7, pp. 19–21, 2010.)] . Explain it following Rebbi Eliezer, as Rebbi Eliezer said, in Tishre was the world created [And therefore Noe’s years are not treated as regnal years; all years mentioned in the early history in Gen. start in Tishre. Babli 10b.] . But is it not written, it was in the month of Nisan of year twenty [Neh.2:1.] ; it was in the month of Kislew of year twenty [Neh. 1:1. Nehemiah was informed in Kislew of year 20 of Artaxerxes of the sorry state of Jerusalem; in Nisan of the same year he asked permission to leave Susa and go to Jerusalem. The regnal year must have started in the fall.] ? Explain it following Rebbi Eliezer, as Rebbi Eliezer said, any year of which 30 days have not elapsed is not counted as a full year. But is it not written [Ex. 40:17.] , It was in the first month of the second year, on the first of the month, when the Sanctuary was erected? If you are saying that it was the third year and because 30 days had not elapsed it is not counted as a full year, is it not written [Num. 10:11 (misquoted). Since this verse refers to the service in the Tabernacle, it must refer to a time posterior to that quoted in the preceding verse; the statement in the name of R. Eliezer must be rejected. (In the Babli 10b the statement is formulated in a way which makes it not relevant to the case discussed here.)] , it was in the second year in the second month, on the twentieth of the month? There are 50 days in the year, and it would not be counted as a whole year? That is one of Rebbi Isaac’s answers which are difficult [And the statement of R. Eleazar in the name of R. Ḥanina has to be rejected. The entire text of R. Isaac is copied by Tosaphot 3b, s. v. מניינא.] .
What is the difference whether one says that one counts from Nisan or one counts from Tishre? Rebbi Jonah says, the difference is the proof power of documents [Babli Avodah zarah10a.] . If he took a loan in Iyar and wrote in it [The standard document of indebtedness creates a mortgage lien on all of the debtor’s real estate, which is not removed if the real estate is sold later.] , the second year of government; he sold real estate in Marḥeshwan and wrote in it [The sale deed.] , the second year of government. For him who says that one counts from Nisan, the loan preceded [In this case the buyer bought encumbered property; he is in danger of losing his buy if the seller defaults on his loan obligation.] . For him who said that one counts from Tishre, the sale preceded [The property is free of encumbrances.] .
How for kings? If he died in Adar and a king took office in Adar it is counted as a year for both of them. Rebbi Jonah said, only if he reached Nisan. Otherwise like the following, he ruled one month in Samaria [2K. 15:13. If he had ruled longer, it would have counted for a year.] . You can determine the years of the kings of Israel only through the years of the kings of Jehudah, and you can determine the years of the kings of Jehudah only through the years of the kings of Israel [Since there were overlapping years at the start and end of each reign, and there might have been shifts between Western counting from Nisan and Eastern counting from Tishre, the correspondences given in Kings are necessary to establish the correct correspondences. This leaves uncertainty for the days of the united monarchy.] . It is written [1K. 2:11.] : And the time that David ruled over Israel was forty years, etc. And it is written [2S.5:4. Then according to the rules given earlier, the reign should have been counted as 41 years. Cf. Babli Sanhedrin107a/b.] , in Hebron he ruled over Jehudah seven years and six months, etc. In total they are deficient and in detail excessive. Rebbi Isaac bar Qaṣaṣata in the name of Rebbi Jonah: they were thirty-two and a half years, but to honor Jerusalem he counts them as entire. The great Jehudah says, the greater number absorbs the lesser [But according to our rules, the numbers should have been rounded up, not down.] . [The following sentence is from Berakhot2:1 (Notes 66–67), also Mo`ed qatan3:7 (83d l.4). As answer to the problem of the excess 6 months it is unsatisfactory.] Rebbi Samuel bar Naḥman said, when your days will be complete [2S. 7:12.] . The Holy One, praise to Him, said to David: I am counting full days for you, I am not counting missing days for you. [Corrector’s addition from the parallels, where the added text represents the main argument. Here the addition is irrelevant.] [Will not your son Solomon build the Temple to sacrifice? Law and justice that you are upholding is more to my liking than sacrifices, as it is said [Prov. 21:3.] , upholding justice and law is preferred by the Eternal to sacrifice.] Rav Huna said, the entire six months during which David was in flight before his son Absalom, his sins would have been atoned for by a female goat as for a commoner [This statement is from Horaiot3:3, Note 111. Since during Absalom’s revolt David was not ruling as a king, the 40½ years of his reign actually were only 40 years of rule.] . Rebbi Yudan ben Rebbi Shalom said, it is written [1K. 11:16.] , for six months dwelt there Joab and all of Israel. The Holy One, praise to Him, said to him: I did tell you, do not attack them [Deut. 2:5.] , but you desired to attack them. By your life, they will not be counted for you [Therefore the 41 years are recorded as 40.] .
Who stated “holidays”? Rebbi Simeon, since Rebbi Simeon said, “three holidays in order starting with the holiday of unleavened bread [Why is it necessary to state that the holidays start in Nisan? If somebody makes a vow he incurs the obligation to fulfill his vow (Deut. 23:24). If he fails to fulfill his vow he not only transgressed this positive commandment but also the prohibition to delay its fulfillment (Deut. 23:22.) The usual vow is to bring a sacrifice in the Temple; the natural time to fulfill such a vow is on a festival of sacrifice. As established in the next paragraphs the positive commandment requires that the vow be fulfilled on a holiday (according to the Babli on the first possible occasion, on the next holiday of pilgrimage); the prohibition is violated only if the vow is not fulfilled after three such holidays have passed. For R. Simeon this means 3 holidays in their canonical order, starting with Passover. Babli 4a, Tosephta Arakhin3:18.] .” You find to say sometimes five, sometimes four, sometimes three. Before Pentecost five, before Tabernacles four, before Passover three. “Rebbi Eleazar ben Rebbi Simeon said, only that the holiday of unleavened bread be the last one. [In the Babli 4b and Tosephta Arakhin 3:18: Tabernacles.] ” You find to say sometimes three, sometimes two, sometimes one. But the Sages say, the holiday which happens to be first, on condition that the holidays of one full year have passed [Babli 4b, Tosephta Arakhin3:17.] .
It is written [Lev. 23:38.] , in addition to the Sabbaths of the Eternal, and in addition to your gifts, etc., which you will give to the Eternal. For I could think that on a holiday [“Holiday” here always means “holiday of pilgrimage”, to exclude the High Holidays.] one brings only the holiday sacrifices [Since in general everything forbidden on the Sabbath is forbidden on a holiday except preparation of food.] ; from where that sacrifices by a single person or by a community which were dedicated for the holiday shall be brought on the holiday? The verse says, in addition to the Sabbaths of the Eternal, … which you will give to the Eternal [“…” refers to your donations, all your vows, and all your voluntary gifts.] . This refers to birds and flour offerings [Which may be obligatory as reparation or purification offerings; for persons far from the Sanctuary they do not require an additional trip. Sifry Num. 152.] , to add all of them to be brought on the holiday. “I could think that this is voluntary; the verse says [Num.29:39. “These” refer to in addition to your vows, and your voluntary gifts, your elevation offerings, and your flour offerings, and your libations, and your well-being offerings. The plural “your festive occasions” shows that for missing one holiday one cannot transgress “do not delay”; Babli 4b.] , these you shall do on your festive occasions, ‘these’ are established as duty, that all of them be brought on the holiday. I could think on any holiday of his choosing; the verse says [Deut.12:5–6.] , you shall come there and bring there. If to permit, it already was permitted. If to establish, it already was established. Then why is it said, you shall come there and bring there? This refers to the first holiday which happens to come his way. I could think that one of these passed, he transgressed because ‘do not delay’? The verse says, these you shall do on your festive occasions; he does not transgress because of ‘do not delay’ until the holidays of a full year have passed by him [The sentence is the last in the list of holiday sacrifices for the entire year. Sifry Deut.63.] . Rebbi Simeon says three holidays in order. How is this? If he vowed before Passover, only if Passover, and Pentecost, and Tabernacles passed by him. If he vowed before Pentecost, only if Pentecost, and Tabernacles, and Passover, and Pentecost, and Tabernacles passed by him. If he vowed before Tabernacles, only if Tabernacles, and Passover, and Pentecost, and Tabernacles passed by him.” [Sifra Emor Pereq15(1–4). * Here starts an extensive Genizah fragment edited by L. Ginzberg (G).]
They asked before Rebbi Ila, so far for a commandment. From where a prohibition? The verse says [Deut.12:5–6.] , you shall come there and bring there. Where do we hold? If for a commandment, it already had been said [Num.29:39. “These” refer to in addition to your vows, and your voluntary gifts, your elevation offerings, and your flour offerings, and your libations, and your well-being offerings. The plural “your festive occasions” shows that for missing one holiday one cannot transgress “do not delay”; Babli 4b.] . But if it cannot refer to a commandment, refer it to a prohibition. *Does one transgress about a Pesaḥ sacrifice at its proper time [If an animal was dedicated to be used as Pesaḥ and intentionally it was not used, it cannot be used the next year since it will be too old. It cannot be used as well-being sacrifice since it does not qualify under the rules spelled out in Pesaḥim. Therefore the three-holiday rule is not applicable in this case, and the three-holiday rule is not applicable in all cases. (The animal could be sold immediately for a sacrifice and the money used to buy an animal as well-being sacrifice to which the three-holiday rule would apply.)] ? It was found stated, about Pesaḥ sacrifice at its proper time one transgresses. If it were otherwise, what would we say? Rebbi Samuel, the son of Rebbi Yose ben Rebbi Abun said, that you should not say that since if it was lost and found after the owner was exculpated, its body is brought as well-being offering [Mishnah Pesaḥim9:5, Note 82.] , therefore it was a question whether one transgresses about a Pesaḥ sacrifice at its proper time [Since if the omission is not intentional the three-holiday rule would apply.] . They asked before Rebbi Ze`ira, does one transgress between one holiday and the next [Since the obligation of actually bringing the sacrifice is restricted to the holiday week (in the case of Pentecost, which has no week, the holiday and the following six days.)] ? Rebbi Abba objected, was it not stated, a holiday offering which was not brought on the first shall be brought on the second; does one permit him to transgress [Therefore the question asked before R. Ze`ira has to be answered in the negative.] ? In addition from the following: You shall do [Deut. 23:24; the source about vows in general.] , a positive commandment. Guard [Deut. 23:24; the source about vows in general.] , a prohibition. Does he not transgress a positive commandment and a prohibition only after three holidays [As established in the preceding paragraph.] ? Rebbi Abun in the name of the rabbis there: If one said, I take upon me the obligation to bring an elevation offering on Monday. Once Monday has passed and he did not bring it, he transgresses [This is another case in which the three- holiday rule is inoperative. If a specific date was mentioned in the vow, once the date is passed the vow is not fulfilled.] . If its year is complete you cast down the last day and he transgresses every single day [This is a different case, similar to that of Pesaḥ. All animals destined for the altar have age limits. If an animal was vowed to the altar but its age limit was reached before it was sacrificed, the vow cannot be fulfilled anymore and is broken irrespective of the three-holiday rule.] . If it is so, if three holidays have passed you cast down the last holiday and he transgresses every single holiday. Rebbi Abun bar Ḥiyya asked, if its year was completed on Pentecost, is it possible to say it is not qualified and he transgresses [Since on the holiday itself only the holiday offerings may be slaughtered, and on the following days the animal already would be too old, the animal would have to be offered on the day preceding the holiday. (The same statement could have been made for any other holiday.)] ?
As this: [This paragraph also appears word for word in Pesaḥim6:5, Notes 42–48.] The fat of my holiday offering shall not stay until the morning [Ex. 23:18. The first part of the verse is about slaughtering the Pesaḥ. The second part quoted here explicitly mentions the holiday offering, the required family sacrifice on the occasion of the holiday pilgrimage, but is interpreted to include the fat of the Pesaḥ.] . But could parts from weekday be brought on a holiday [Since the 15th of Nisan is a holiday, it seems obvious that parts of a sacrifice brought on the 14th have to be burned before the start of the holiday; the verse seems to be meaningless.] ? Rebbi Abbahu said, I confirmed it, if the Fourteenth fell on a Sabbath. <rebbi yose asked, if the fourteenth fell on a sabbath,> [Missing in the ms., added from G. In Pesaḥim the name is R. Jonah.] no holiday offering comes with it, that the Torah has to say, bring it to the altar when it is still daylight lest it come to “not stay” [Even if we restrict the meaning of the sentence to holiday offerings, since there is none if the 14th falls on a Sabbath, the explanation of R. Abbahu seems pointless.] ? And here, bring it to the altar when it is still daylight lest it come to “not tarry” [Since on the holiday itself only the holiday offerings may be slaughtered, and on the following days the animal already would be too old, the animal would have to be offered on the day preceding the holiday. (The same statement could have been made for any other holiday.)] . Rebbi Ḥinena said, if he transgressed and brought, is it not qualified [This argument that a holiday offering, brought in error on the 14th which is a Sabbath, is qualified and the person who brought it is not liable for a Sabbath infraction, is not found in the Babli and the surviving Tosephta mss.; it is quoted as R. Meïr’s opinion in the Tosephta of the Bomberg Babli, Pesaḥim5:4.] ? Since it is qualified if he transgressed and brought, he would transgress [If one brings a holiday offering on a 14th which is a Sabbath, the explanation of R. Abbahu applies. The verse is not meaningless.] .
It is written [Deut. 15:20, referring to the firstling of animals acceptable on the altar.] : Before the Eternal, your God, you shall eat it year by year. A year for itself, and a year for its substitution [While it is prohibited to substitute another animal for one that either was dedicated or is automatically dedicated (such as the firstling or the tithe animal), the substitution is not invalid but the substituted animal becomes dedicated under the rules applying to the original one (Lev.27:10), but for the substitute the year is counted only from its dedication.] . A year for the unblemished and a year for the blemished [Since the defective firstling also may not be used for work but must be consumed as profane food, the time limit imposed on the unblemished firstling, one year, also applies to the blemished one. Sifry Deut. 124.] . A year for the firstling and a year for sancta [A dedicated animal must be sacrificed within one year, even if this year does not comprise three holidays, as explained in the sequel.] . Year by year, this teaches that the firstling is eaten for two days [While for all sacrifices detailed in Lev. the maximum time allowed for consumption is indicated, nothing is stated in this respect for the firstling, whose rules are given in Ex. and Deut. From the double mention of “years” it is inferred that the firstling can be eaten in two different years and therefore also on two different days. Accordingly, it may be eaten on 2 consecutive days and this therefore also is the maximum. Sifry Deut. 125; Babli Bekhorot 27b, Temurah21b.] and two years. How is this? If he slaughtered it on the eve of New Year’s day and ate it on the eve of New Year’s day and on New Year’s Day. Rebbi Ismael stated: If it developed [a blemish] on the fifteenth day of its year, he is permitted to keep it after its year another fifteen days. Rebbi Ila said, this implies that a year for the blemished one is not clear [The deduction from the verse is informal support for common practice, not an explicit biblical rule.] . Rebbi Yose said, a baraita supports Rebbi Ila: Today [In the absence of a Temple. Babli Bekhorot28a.] one is permitted to keep a firstling for four or five years before one shows it to an expert. Where do we hold? If for an unblemished one, it already has been said [Since nothing can be done with a male firstling of cattle and sheep than to bring it as a sacrifice and eat it in purity, in the absence of a Temple, by the simple meaning of the verse it has to be kept indefinitely until it develops a blemish. Therefore the only new information of the baraita is that even as blemished animal it can be kept indefinitely, and need not immediately to be certified by a competent authority as blemished and permitted to be slaughtered and consumed.] . But if it cannot refer to the unblemished one, let it refer to the blemished. Both for the firstling and for any sancta one transgresses because of holidays without a year, and because of a year without holidays. One understands holidays without year [Following the Sages, the sequence of three holidays always is less than a year. Babli 6b.] . Year without holidays? There [In Babylonia.] , they said, explain it if it was too young for Passover [No animal may be sacrificed younger than 8 days old (Lev. 22:27). If the animal was born shortly before Pesaḥ it becomes a possible sacrifice only later. By the time of the next Pesaḥ, more than a year will have elapsed.] . As you are saying there, what is suitable for part of the year is suitable for the year [As will be shown in the next paragraph, the year of the firstling is counted from the date of its birth, not the date of its becoming an acceptable sacrifice; disputed by the Babli, 6b/7a.] , so say here also, what is suitable for part of Passover is suitable for Passover [Since the additional sacrifices of a pilgrim to the Temple must be brought during the holiday week, not on the first day, there is no reason to count Passover as valid first holiday in the sequence. Therefore the Babylonian argument is incorrect.] . Rebbi Abba Mari said, explain it that the coming Pentecost was on the fifth, it was born on the sixth, and the next Pentecost was on the seventh. [This presupposes a variable calendar, based on observation of the new moon. Pentecost is the 50th day after the first day of Passover. In the current calendar, where Nisan always has 30 days and Iyar 29, Pentecost is on the 6th of Siwan. If both months have 29 days, it will be on the 7th; if both have 30 days, it will be on the 5th. Babli 6b; cf. Halakhah 4.]
Rebbi Abun bar Ḥiyya asked before Rebbi Ze`ira: It is written [Lev. 27:33. When one counts the calves or lambs born in one tax year, the tenth must be consumed, if unblemished as a sacrifice (of which the altar gets the blood but the Cohanim nothing); if blemished as profane food.] , do not investigate between good or bad. If he transgressed and investigated, does he transgress [If one transgressed the biblical injunction and substituted an unblemished animal for a blemished one, both animals are dedicated (Lev. 27:34). The question now is whether he transgresses the commandment “do not tarry” unless the substituted animal was sacrificed within one year or before three holidays have elapsed.] ? He told him, for anything which comes to permit one does not transgress. What does it come to permit? Here the Torah permitted to dedicate deficient animals [Since the sanctity of the tithe is conferred on the substituted animal even if it is blemished and the original unblemished.] . There, we have stated [Mishnah Nega`im14:7; the purification ritual of the healed sufferer from skin disease (Lev. 14:1–32.)] : “On the eighth day he brings three animals, purification sacrifice, reparation sacrifice, and elevation sacrifice. But the poor man brought birds as reparation and elevation offerings.” Is not the bird [This word is missing in G and it seems that it should be deleted. It is stated in Lev. 14:10 that the rich sufferer from skin disease brings two undifferentiated male sheep and one female. The female automatically is the purification offering; of the males one will be designated by the Cohen as reparation offering and the other as elevation offering. Therefore the dedication of the purification offering precedes that of the reparation offering. Now Mishnah Zevaḥim10:5 notes that while in general purification offerings precede reparation ones, for the healed sufferer from skin disease this is not so since the ritual described in vv.14–18 is the prerequisite for the other two sacrifices. Therefore the dedication of the purification offering which is not a bird happens at a time when the animal cannot be sacrificed. In the case of the poor man, the birds for purification and elevation offerings are dedicated after the lamb of the reparation offering; the argument is not applicable.] as reparation offering deficient in time next to the reparation offering? Rebbi Eleazar said, here the Torah did permit to dedicate those deficient in time. Rebbi Abba bar Mamal asked before Rebbi Immi: It is written [Num. 6:10, sacrifices of the impure nazir.] , on the eighth he shall bring. If he transgressed and did not bring, does he transgress [As before, if the impure nazir does not bring his sacrifices on the eighth day, would he transgress “do not tarry” if he waited more than 3 holidays or one year to bring them?] ? He told him, for anything which comes to permit one does not transgress. What does it come to permit? As Rebbi Eleazar said, here the Torah did permit to dedicate those deficient in time [As for the healed sufferer from skin disease.] . Rebbi Yose ben Rebbi Abun said, all seven days one does not tell him, bring. Afterwards one tells him, bring [He disagrees and holds that both the healed sufferer from skin disease and the impure nazir transgress the prohibition “do not tarry” immediately at the end of the eighth day.] . A baraita disagrees with Rebbi Yose ben Rebbi Abun: Everybody plans and brings his sacrifices on the holiday [It is presumed that anybody making a vow to offer a sacrifice from the start intends to fulfill his vow on a holiday of pilgrimage; the same holds for obligatory sacrifices whose obligations arise in the meantime.] . One understands a nazir. Is the sufferer from skin disease not missing atonement [The nazir who was impure by the impurity of the dead is purified by sprinkling with water containing ashes of the Red Cow and immersion in a miqweh; his sacrifice on the eighth day is the start of his new period of nezirut. He may bring his holiday offering on the holiday itself and later his nazir offering during the holiday week. But for the sufferer from skin disease the reparation offering is required to permit him access to the Temple domain; by necessity this would have to occur before the holiday for him to make a valid pilgrimage.] ? And did we not state [Mishnah Sukkah4:1. As explained there in Halakhah 4, if the first day of the holiday is a Sabbath, the festival offering which is the symbol of joy may be brought only on the second day, and there would only be 7 days of joy.] , Hallel and joy eight? Explain it for a nazir. Rebbi Sachariah the son-in-law of Rebbi Levi asked, the beginning one explains for a nazir and the end for a sufferer from skin disease [This refers to Mishnah Sukkah4:6. Eight days of joy are possible for the nazir(if the first day of the holiday is not a Sabbath), but the last day also is accessible to the sufferer from skin disease who brings his enabling sacrifice during the holiday week.] ? Rebbi Ḥanania the son of Rebbi Hillel said, was this not already objected there? And Rebbi Yose said, Rav Eudaimon the emigrant explained it for Cohanim and the goat. Here also, Cohanim and the goat [As explained in Sukkah4:5, Note 82. Eight days of joy (i. e., eating sacrificial meat) always is possible for the Cohanim in the Temple. Since it is not implied that everybody is required to have 8 days of access to sacrificial meat, there is no problem with the healed sufferer from skin disease: he may bring his enabling sacrifice during the holiday week and the holiday is counted for him.] .
Rebbi Ḥaggai asked before Rebbi Yose: It is written [Lev. 12:3.] , and on the eighth day one shall circumcise. If he transgressed and did not circumcise? He answered him, if you make a vow to the Eternal, your God, do not tarry to fulfill it [Deut. 23:22.] . A matter which is subject to replacement [The root שלם not only means “to fulfill, to pay” but also “to give in replacement”. This is read to mean that the prohibition to tarry in fulfilling a vow is restricted to cases where the way of fulfilling depends on the person making the vow. In contrast the obligation to circumcise one’s sons is fixed and not given to the discretion of the circumciser; the obligation not to tarry does not apply.] . It excludes this which is not subject to replacement. Do not tarry to fulfill it, but not its substitute [Since the verse says do not tarry to fulfill it, not simply do not tarry to fulfill. Sifry Deut. 264.] . As it was stated: and to the gate of the Tent of Meeting he did not bring it [Lev. 17:4; same argument as before.] , but not its replacement. Rebbi Jonah said, Levi ben Sisi explained it before Rebbi: If one said, upon me is the obligation of an elevation offering. There passed three holidays and he brought another one [The text is elliptic. First it is stated that he makes the vow “to bring an עוֹלָה” without specifying a particular animal. Then is stated “another”, which implies that in the meantime he had dedicated an animal for his vow, but did not use it for the sacrifice.] and sacrificed it immediately. I would say, he is freed from the first one. Therefore it was necessary to say, do not tarry to fulfill it, but not its substitute [After one animal is dedicated for the vow, any other animal is an unrelated sacrifice.] . Rebbi Yose said, if he said, upon me is the obligation, he transgresses immediately [After three holidays.] . But we must hold about one who says, this one shall be an elevation offering [Which now is not a vow but a voluntary offering, also subject to the three-holiday rule.] . There passed two holidays and he brought another one [in its stead but did not sacrifice it immediately] [Corrector’s addition; to be deleted as shown by G.] and there passed by another holiday for it. I would say that it combines with its replacement for three holidays. Therefore it was necessary to say, do not tarry to fulfill it, but not its substitute [The substitute being a separate offering, its term of 3 holidays only starts with its dedication. Differently Babli 5b.] .
[Babli 5b, Sifry Deut. 164.] “For demanding will demand [Deut. 23:22.] , these are purification and reparation offerings [Which are obligations demanded by God and cannot be objects of vows. Once the obligation is incurred, it has to be discharged within 3 holidays or one year.] . The Eternal, your God, this is dedication for the upkeep of the Temple. From with you, this is collecting single stalks, forgotten sheaves, and peah [Since it is an obligation to support the poor with you(Ex. 22:24); explanation of Rashi.] . Or there would be sin in you, but no sin in your sacrifice [As explained in the text, the sacrifice remains qualified even if brought too late.] .” For otherwise what would we say? Rebbi Samuel the son of Rebbi Yose ben Rebbi Abun said, that you should not say, maybe the sacrifice will be found disqualified; therefore it was necessary to say, (do not tarry to fulfill it, and not its substitute) [there would be sin in you, but no sin in your sacrifice.] [As shown by G, the (scribe’s text) is correct, [the corrector’s text] has to be deleted.] The pronouncement of your lips you shall guard and execute [Deut. 23:24; Sifry Deut. 165. Babli 6a.] . “You shall guard and execute, to alert the court that they should force you. [A vow is an obligation enforceable in court.] ” The rabbis of Caesarea in the name of Rebbi Avuna: From here the pledge [Sheqalim and other obligations to the Temple can be enforced by forcibly taking pledges from the debtor’s property.] . As you vowed to the Eternal, your God, a voluntary gift. Is there a vow which is called voluntary gift [In rabbinic legal terminology, the sentence is self-contradictory since it equated vows with voluntary donations, which have different legal status.] ? But to make him liable for each single vow and every single voluntary gift. “What is the vow about which they spoke? He who says, on me is the obligation for an elevation offering [His obligation is extinguished only by the offering of a qualified animal as sacrifice, irrespective of other circumstances.] . What is the voluntary gift about which they spoke? He who says, this one is for an elevation offering.” [Mishnah Qinnim1:1. Babli 6a, Megillah8a, Ḥulin139a.] Rebbi Ḥama the colleague of the rabbis asked, if he said, “on me is the obligation”, and came back and said, “this one is” [Is this a new obligation or is it a dedication of a specific animal intended to fulfill its prior general obligation? It is presumed that the second statement immediately follows the first.] ? Rebbi Ḥinena asked, would it not be reasonable if he said, “this one is”, and came back and said, “on me is the obligation”? A severe prohibition falls one a simple prohibition but a simple prohibition does not fall on a severe prohibition [In the second case, the voluntary gift is transformed into a vow. In the first case, the vow is not transformed into a voluntary gift.] .
“They added to them [To the list of items for which the first of Nisan is the beginning of a new year.] the lease of houses and the heave of sheqalim.” [Tosephta 1:1, Babli 7a.] The lease of houses. Rebbi Jonah said, only if he said, this year. But if he said, one year, he pays from date to date [If the lease is for “this year” it means a calendar year. Since rent usually is paid monthly, the next year starts with the first month. But if the lease is for “one year”, it runs from one date to the same date the following year. Tosephta 1:5, Babli 7b.] . The heave of sheqalim, [From here to the end of the paragraph the text is from Sheqalim1:1, Notes 11–16.] as Rebbi Samuel ben Isaac said, as at its start: It was in the First month of the Second year, on the first of the month, that the Sanctuary was erected [Ex. 40:17.] . It was stated hereto, on the day the Sanctary was erected, on the same day the contribution was collected. Rebbi Tabi, Rebbi Yoshia in the name of Cahana. It is said here months, and it is said there, months. Since months mentioned there are only counted from Nisan, so also months mentioned here are only counted from Nisan. Rebbi Jonah said, Rebbi Tabi left out the start and only quoted the end; this is not done since it was stated [Num. 28:14.] : This is theelevation sacrifice for a month at its New Moon. I could think that one should collect every month, the verse says at its New Moon for the months; at one New Moon one collects for all months of the year. I could think, on any month of his choosing, it is said here months, and it is said there months. Since months mentioned there are only counted from Nisan, so also months mentioned here are only counted from Nisan.
[This text is from Sheqalim3:1, Notes 13–20, q. v.] There, we have stated: “Rebbi Meïr says, on the first of Elul is the New Year for animal tithes. Ben Azzai says, those born in Elul are to be tithed separately.” Rebbi Ḥuna said, The reason of Rebbi Meïr: Up to that point they finish to give birth from the old ones; after that they start to give birth from the new ones. Rebbi Yose ben Rebbi Abun in the name of Rav Huna: The reason of Rebbi Eleazar and Rebbi Simeon, the rams are mounting the ewes, these are the early ones, and the valleys are clothed in grain, these are the late ones, they are friends and also are tithed, both enter the corral to be tithed. Ben Azzai said, since these are saying this and those are saying that, those born in Elul should be tithed by themselves. How is this? If there were born in his flock five in Av, five in Elul, and five in Tishre, they do not combine. If there were born in his flock five in Av and five in Tishre, they combine. [This implies that Ben Azzai was colleague and student of Rebbi Aqiba] [Corrector’s addition, erroneous as shown by the text in Sheqalim.] and Ben Azzai decides between his students. Rebbi Jeremiah, Rebbi Miasha in the name of Rebbi Samuel bar Rav Isaac: For so disagreed the fathers of the world. Who are the fathers of the world? Rebbi Jonah stated before Rebbi Jeremiah: Rebbi Ismael and Rebbi Aqiba. This implies that Ben Azzai was colleague and student of Rebbi Aqiba. If you are saying that he was his teacher, is there anybody who says to his teacher, [“since these are saying this and those are saying that”? Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac understood it from the following [1K.6:1.] : “Ben Azzai said to him, we are sorry about their disagreement, and you come to find us disagreement where they are concurring.” This implies that Ben Azzai was colleague and student of Rebbi Aqiba. If you are saying that he was his teacher, is there anybody who says to his teacher,] [Added by the corrector from Sheqalim. The “etc.” at the end shows that the scribe from the start did not intend to copy the entire argument.] “you come to find us disagreement”, etc?
[This also is from Sheqalim3:1, Notes 21–30, with an enlarged quote from Mishnah Bekhorot.] There, we have stated: “Any born from the first of Tishre until the 29 of Elul combine; five before New Year’s day and five after New Year’s day do not combine. Five before the threshing floor and five after the threshing floor do combine.” “Then why did they say, there are three threshing floors for animal tithe? Because up to the time of the threshing floor one is permitted to sell or slaughter. From the time of the threshing floor he may not slaughter, but if he slaughtered he is not liable.” [Mishnah Bekhorot9:6.] Rebbi Yose said, this implies that the rules of animal tithe are neither like those of germinating nor like those of a third. If you would say like germinating, it should state, all whose pregnancy starts from the 29th of Elul. If you would say like a third, it should state, up to the 22nd. Rebbi Shammai in the name of Rebbi Abun bar Ḥiyya: Like the third, they made it following Rebbi Simeon, since Rebbi Simeon said, {an animal} before its time enters the corral to be tithed. Rebbi Mana met Rebbi Shammai; he asked him, did you say that? But did we not state, “Ben Azzai says, those born in Elul are to be tithed separately.” Not even if it was born up to the 29th of Elul? Could you say that Ben Azzai follows Rebbi Simeon? You have to say, he follows the rabbis. Just as you say following the rabbis, he leaves them for the next year and they will be tithed with the others of their year, so you have to say following ben Azzai, he leaves them for the next threshing floor and they will be tithed with those from Elul. Rebbi Huna said, this implies that the days of a firstling while he still is before its time are counted for its year. Rebbi Mana said, my father Rebbi Jonah understood this from the following: Any male firstling which isborn to your cattle and small cattle dedicate to the Eternal, your God.. How is this? You count its year from the moment it is born.
MISHNAH: On the first of Tishre is New Year for years [For dating contracts.] , and remission of debts, and Jubilee periods [In Lev.25, Sabbatical periods are called years, and the Jubilee is tied to Sabbatical periods and is proclaimed in Tishre, the sevenths month.] , and for planting [The years of orlah when tree fruits may not be harvested. Three years, ending and starting on the First of Tishre.] , and vegetables [For (rabbinic) tithing of vegetables. Produce of Elul and of Tishre may not be tithed together.] On the first of Shevaṭ is New Year for trees [For tithing fruits of trees, including the biblical tithes for olive oil and grape juice (wine.)] following the House of Shammai; the House of Hillel say, on the fifteenth of it.
HALAKHAH: From where years [That the Pentateuch counts years from the Fall equinox.] ? One verse says [Ex. 23:16.] , the festival of gathering at the end of the year, and another verse says [Ex. 34.22.] , the festival of gathering at the turn of the year. Which month contains a festival, and a turning point, and the year starts from it? Which one is this? It is Tishre. If you would say Ṭevet, there is a turning point [The winter solstice.] but neither festival nor gathering. If you would say Nisan, there is a turning point [The spring equinox.] and a festival, but no gathering. If you would say Tamuz, there is a turning [The summer solstice.] point and gathering but no festival. So which one is this? It is Tishre. The colleagues said before Rebbi Jonah: should it not be Tamuz? He told them, it is written, in the seventh month [Num. 28:24.] , and your are saying so? They said to him, should it not be Tamuz [Maybe the month of the fall equinox should be called “Tamuz”.] ? He said to them, from here on you are quarrelling with me about names of months? As Rebbi Ḥanina said, the names of the months ascended with them from Babylonia. Originally, in the month of Ethanim [1K. 8:2.] , in which the Patriarchs were born, and the Patriarchs died, and the Mothers were remembered [One cannot say that Sarah and Rebecca became pregnant in Tishre, this would contradict the statement that Abraham, Isaac, and Jacob were born in Tishre. So one has to say that in that month the Divine decree was passed that the mothers should become pregnant. The language is taken from Gen. 21:1. Babli Berakhot29a.] . Originally, in the month of Bul [1K. 6:37.] , where the leaves are falling, and the earth is made into lumps; where one mixes for domestic animals in the house [Because in November there is little food to be found in the fields.] . Originally, in the month of Ziw [1K. 6:2, misquoted.] , which is the splendor of the world, when plants are recognized and trees recognized [In Nisan the growth on newly sown fields is recognizable and fruit trees are blossoming.] . From then onwards [After the Babylonian exile.] , it was in the month of Nisan of year twenty [Neh. 2:1.] ; it was in the month of Kislew of year twenty [Neh. 1:1.] ; in the tenth month, this is the month of Ṭevet [Esth.2:16.] . Rebbi Simeon ben Laqish said, also the names of angels were in their hands from Babylonia. Originally, there flew to me one of the Seraphim [Is. 6:6.] ; Seraphim standing over Him [Is. 6:2.] . From then on, but the man Gabriel [Dan. 9:21.] ; but your lord Michael [Dan. 10:21.] .
From where for remission of debts? At the end of seven years make remission of debts [Deut. 15:1. Different Babli 8b.] . Since years are counted from Tishre, also remission of debts is counted from Tishre. For Jubilee periods [Note the spelling which indicates a pronunciation yubilot.] from where? You shall count for yourselves seven Sabbatical periods of year, seven years seven times [Lev. 25:8.] . Since years and Sabbaticals are counted from Tishre, also Jubilee periods are counted from Tishre. They objected, is it not written [Lev. 25:9. The objection is from the part of the verse not quoted, that the proclamation of the Jubilee is made on the day of Atonement, not on New Year’s Day.] , you shall sound the shofar of cheer in the seventh month, etc. Rebbi Jonah and Rebbi Yose, both in the name of Rebbi Samuel bar Rav Isaac: So that all months of the year be equal and no month be divided into two years [Since months follow the moon and years the sun, there is no intrinsic reason to adapt months to years.] . They objected, did we not state, “on the first of Shevaṭ is New Year for trees following the House of Shammai; the House of Hillel say, on the fifteenth of it”? Then not all months of the year are equal and a month is divided into two years [For the House of Hillel the reason given to prefer New Year’s day to the Day of Atonement does not hold. In effect the first 10 days of the Jubilee are somewhat in limbo; the laws of the Jubilee are enforceable only after the Day of Atonement. Babli 8b.] .
How for saplings? It was stated [Tosephta Ševi`it2:3. The following text essentially is from Ševi`it2:6, Notes 49–57; Babli 9b.] : “If somebody planted, sank [One takes a branch of a vine, buries must of it in the ground, only the end is above ground. This will develop into a new vine; the buried branch will develop roots. The new vine is counted as newly planted; its fruits are forbidden during the first three years.] , or grafted 30 days before the New Year, it counts for him as a full year [For the prohibition of orlah and the obligation to redeem the fruits in the fourth year; Lev. 19:23–24.] and he is permitted to keep it in the Sabbatical year. Less than 30 days before the New Year, it does not count as a full year and he is not permitted to keep it in the Sabbatical year. Truly, they said, the fruits of this planting are forbidden until the fifteenth of Shevaṭ.” What is the reason? Rebbi Yasa in the name of Rebbi Joḥanan: And in year [the fourth] [The text in brackets was added by the corrector in order to make clear which verse is quoted; it is not in Ševi`it. Since the next sentence makes it clear which verse is intended, it is unnecessary.] . How do you understand this? Rebbi Ze`ira said, three years they shall be uncircumcised [Lev. 19:23–24. The fourth year may be, or must be, included in the three years of orlah. This applies only to the special case considered here (interpretation of Maimonides) or in all cases (R. Zeraḥia Hallevi, R. Nissim Gerondi).] , and in year. Rebbi Abba bar Mamal said before Rebbi Ze`ira: It is understandable if he planted it 30 days before the New Year [The question is about mixing the rules of the Sabbatical with those of orlah. Either the 15th of Shevat should not apply to trees planted less than 30 days before New Year’s Day or one should not have to wait more than one year, to the following New Year’s Day, to count year 2 of the sapling planted less than 30 days before the end of the current year.] . But if it was not planted 30 days before the New Year? Come and see: Is not a full year being counted for him, and you say so [Even though the fourth year of the tree starts on Tishre 1, one has to wait another 4½ months to use its fruit.] ? He said to him: If it is so, even if he planted 30 days before the New Year, should it not be forbidden until 30 days before the New Year [If the 15th of Shevaṭ is not a universal date, should not any fruit be forbidden for three full years, counted from date to date?] ? What about it? Rebbi Mana said, since it stands in the middle of its year [Since “middle of the year” excludes the last 30 days, one will have to wait until the fourth New Year to use the fruit since the years have to be completed; then one does not have to wait for the 15th of Shevaṭ (interpretation of Maimonides.) In his opinion, if a sapling was planted 44 days before New Year’s day, 14 days for the roots to take hold and 30 days to grow, one does not have to wait for the 15th of Shevat but may use the fruit on New Year’s day.] , it has to finish its year.
How for vegetables? If a Jew collected on the eve of New Year’s day before it became dark, and a Gentile after dark, he gives tithe for each by itself [Since one vegetable was harvested in one fiscal year and the other in the next, the Jew will have to give extra tithe for the Gentile’s harvest (taken from Jewish property in the Holy Land). Babli 12a.] .
[From here on there exists a parallel text edited by J. Sussman (Kobez al Yad 12 (22), Jerusalem 1994, pp. 34 ff., A), from Ashke-nazic mss., mostly recovered from book bindings. The text in general does not reproduce the text between arguments; it is not clear whether it is intended as Yerushalmi or the “Book Yerushalmi” referred to by early Medieval authors and whose existence was postulated by Aptowitzer. The paragraph refers to the New Year of Trees, either Shevaṭ 1 or Shevaṭ 15.] Rebbi Ze`ira, Rebbi Ila, Rebbi Eleazar in the name of Rebbi Hoshaia. [One said,] [Corrector’s addition, required by the text.] already most of the rains of the entire year have passed, and also most of the season is gone. But the other one says, up to then they live from the rains of the past year, from then on they live from the water of the next year. But we do not know who said what. Since Rebbi Yasa, Rebbi Ila, Rebbi Eleazar in the name of Rebbi Hoshaia said, already most of the rains of the entire year have passed, and also most of the season is gone, it follows that Rebbi Ze`ira said, up to then they live from the rains of the past year, from then on they live from the water of the next year. [The remainder of the paragraph also is in Bikkurim2:5 (Notes -142), ם. The quote is from Tosephta Ševi`it4:21.] “It happened that Rebbi Aqiba picked an etrog [For which in Mishnah Bikkurim2:5 it was stated that for R. Eliezer it is treated as fruit of a tree, but Rabban Gamliel says that while it is the fruit of a tree it is tithed like vegetable, that the time of harvest is determining, not the time of budding, since an etrog may stay on the tree for many seasons.] and observed for it the stringencies of the House of Shammai and those of the House of Hillel.” Why about a citron and not about any tree [If it is a matter of dates, why is it mentioned that it was an etrog?] ? It was stated [In the Tosephta this is the tradition of R. Yose ben R. Jehudah. In this case the reference to etrog is essential.] “the stringencies of Rabban Gamliel and those of Rebbi Eliezer.” But do Rabban Gamliel and Rebbi Eliezer not refer to the House of Hillel [After the destruction of the Temple, the authorities who developed rabbinic Judaism were all students of Rabban Joḥanan ben Zakkai of the House of Hillel, irrespective of their prior affiliations. The wholehearted support both of Rabban Gamliel and of R. Eliezer for the doctrines of the former House of Hillel may be questioned but not their adherence to the rules adopted by Rabban Joḥanan ben Zakkai.] ? Rebbi Yose ben Rebbi Abun said, explain it that it budded before the 15th of Shevaṭ` of the second year, and the third year came [In any Sabbatical cycle, in addition to the First Tithe given to the Levite, a Second Tithe (property of the farmer, to be eaten in purity at the place of the Temple) is due in years 1,2,4,5; but in years 3,6 the second tithe is to be given to the poor. Therefore an etrog grown in year 2 but harvested in year 3 is subject to Second Tithe for R. Eliezer but to the tithe of the poor for Rabban Gamliel. Babli 14a.] . In the opinion of Rabban Gamliel it is subject to tithe of the poor; in the opinion of Rebbi Eliezer it is subject to second tithe. How did he handle this? He gave a name to the tithe in it, redeemed it, and gave it to the poor.
MISHNAH: On four times the world is judged. On Passover about grain, on Pentecost on tree fruits [In particular wine and olive oil.] , and on New Year’s Day all in the world pass before Him like bene maron [S. Liebermann follows J. Levy to read one word, Latin numerus, Greek νούμερον, “legion” on parade (the rabbis’ interpretation in the Halakhah and Samuel’s in the Babli 18a, bottom). A. M. Haberman prefers to read בְּנֵי מָרוֹם “heavenly beings”, noting that the Targum to Job translates Job1:6: “It was on the day of judgment, on New Year’s Day, that groups of angels came to stand in judgment before the Eternal, and there came the Satan alone among them;” referred to by Rashi and Ibn Ezra ad loc.] , as it is said [Ps.33:15.] , Who creates together their hearts, Who understands all their deeds. And on Tabernacles they are judged about water.
HALAKHAH: There are Tannaim who state, all [The items mentioned in the Mishnah, grain, tree fruits, water.] is judged on New Year’s Day and judgment is passed for every item on New Year’s Day. There are Tannaim who state, all is judged on New Year’s Day and judgment is passed for every item on the Day of Atonement [Opinion of R. Meïr (Tosephta 1:13, Babli 16a.) Here starts a new Genizah fragment (G).] . There are Tannaim who state, all is judged on New Year’s Day and judgment is passed for every item on its proper time [As stated in the Mishnah. Opinion of R. Jehudah (Tosephta 1:13, Babli 16a.)] . There are Tannaim who state, every item is judged on its proper time and judgment is passed for every item on its proper time. Our Mishnah follows him who said, all is judged on New Year’s Day and judgment is passed for every item on its proper time, as we have stated: “and on Tabernacles they are judged about water.” The words of Rav imply that all is judged on New Year’s Day and judgment is passed for every item on New Year’s Day, since it is stated in the blowing prayer [The text adopted by all Jewish rites for the middle section of the musaf prayer on New Year’s Day.] of Rav: “This is the day, the beginning of Your works, remembrance of the First Day [He identifies the First Day of Creation (or probably the Sixth Day, creation of Man) with New Year’s Day.] , for it is a decree for Israel, a law for the God of Jacob. On it will be proclaimed for countries which one will be for war, and which one for peace, which one for famine, and which one for plenty [Since plenty means abundance of grain, wine, and oil, he adopted the first opinion in the Halakhah (which has no support in the Tosephta.)] . And creatures will be counted on it, to remember them for life or for death.” This does not follow Rebbi Yose [Tosephta 1:13, Babli 16a.] , since Rebbi Yose said, an individual is judged every moment. What is the reason? You are counting him in the mornings; in moments You are examining him [Job7:18.] . You are counting him in the mornings, this refers to his provisions [All essential needs other than food.] ; in moments You are examining him, this refers to his food. The Elder Rebbi Isaac in the name of Rebbi: King and public are judged every day. What is the reason? To look after the right of His servant and of His people Israel; each day’s affairs on each day [1K.8:59. Babli 16b.] . Rebbi Levi said, He will judge the dry land in equity, will pass judgment over peoples in straightness [Ps. 9:9.] . The Holy One, praise to Him, judges Israel during daytime when they are occupied earning merit, and the nations during the night, when they are resting from evil deeds. Samuel said, as He judges Israel so he judges the nations. How does Samuel confirm that He will pass judgment over peoples in straightness? He judges them according to the qualified among them [In A is added: “observes the proselytes who will come from them, and …”] ; He remembers for them the deeds of Jethro, he remembers for them the deeds of Raḥab the prostitute.
Rebbi Ḥiyya bar Abba asked, from which judgment was grain hit which was hit on Passover eve? If you want to say, from the coming year, up to then it did not come. If you want to say from the past year, it was weak the entire year to be hit in this way. From which judgment are those dying who die between New Year’s day and the Day of Atonement? If you want to say, from the coming year, up to then it did not come. If you want to say from the past year, he was weak the entire year to die in this way. He had not heard what Rebbi Crispus said in the name of Rebbi Joḥanan, there are three ledgers [Babli 16b. The word for “ledger’ is a Hebraized form of Greek πίναξ, “writing tablet of pine wood.”] . One for perfectly just people, one for perfectly evil people, and one for average ones. Those of the one for the perfectly just already took judgment [Following the reading of G, Greek ʼαπόφασις, “judgment”. The readings of the scribe of the manuscript אפיכי, and of A אופכי, are unexplained.] of life from New Year’s Day. Those of the one for the perfectly evil already took their verdict from New Year’s Day. Those of the average ones already were given the ten days of repentance between New Year’s day and the Day of Atonement. If they repented, they were inscribed with the just ones; otherwise they are inscribed with the evil ones. What is the reason? May they be erased from the book [Ps. 69:29.] , these are the evil ones; of life, these are the just ones; and with the just ones not being inscribed, these are the average ones.
Rebbi Ḥananiah the colleague of the rabbis asked, does the Holy One, praise to Him, not see what is going to be? He did not hear what Rebbi Simon said in the name of Rebbi Joshua ben Levi: The Holy One, praise to Him, only judges a person according to his present state. What is the reason: Do not fear, for God heard the lad’s voice as he is there [Gen. 21:17, the main point of the Torah reading of the first day of the New Year. Babli 16b.] . Rebbi Levi said, it is written, rakes will not stand before Him [Ps. 5:6.] . Why? You hated all evil-doers [Ps. 5:6.] . Rebbi Issachar from Kefar-Mendi preached: For He knows lying people, he saw wickedness, would He not understand [Job11:11. A adds (p. 37 l. 16): The Holy One, praise to Him, knows that criminals will be sinning but He does not consider their bad deeds up to the time they are acting on them and then He judges them.] ? <He will watch over you, bring peace into your virtuous home. [Job8:6.] > [The bracketed text was added from G; it is the introduction to R. Joshua ben Levi’s statement.] Rebbi Joshua ben Levi said, it is not written, “if you were pure and straight”, but if you are pure and straight [Job8:6.] [Prov. 30:31.] . Rebbi Ḥiyya bar Abba said, the strong of loins and the bellwether; the king, there is no standing with him [Prov. 30:31.] . Usually every one tried to win over the other’s strength, but the Holy One, praise to Him, is not so but the King, there is no standing with him, He does not insist on His standing. [For] [Corrector’s addition, neither in the text nor in Psalms.] not eternally He will fight [Ps. 103:9, a pun of two different roots נצח “permanent” or “victorious”. God prefers people to become virtuous so He does not have to judge them. Babli Pesaḥim119a.] , He will not fight to be victorious.
Rebbi Eleazar said, παρά βασιλέως ‘ο νόμος ʼάγραφος [“For the king the law is unwritten.”] . Usually in the world a king of flesh and blood decides a decision. If he desires it, he keeps it. If he [Translated following G and A. In the text: “if they want”.] desires it, others keep it. But the Holy One, praise to Him, is not so but if He decides a decision He keeps it first. What is the reason? They have to keep My watch, I am the Eternal [Lev. 22:9.] , I am He Who keeps the commandments of the Torah first. Rebbi Simon said, it is written, before white hairs you have to stand, and honor the presence of an elderly person, and to fear your God, I am the Eternal [Lev. 19:32.] . I am He Who first stood before an elderly person [Gen. 18:2.] . Rebbi Simon said, it is written [Deut. 4:8, misquoted.] : for who is a great people which has just laws and ordinances, etc. <For who is this great people that has God close to it [Deut. 4:7, text of G. A only quotes the first words of the verse, but clearly this indicates v. 7, not v. 8. Since in the ms. the start of v. 7 is grafted on the text of v. 8 it is reasonable to assume that the original quote is v. 7.] .> Rebbi Ḥama ben Rebbi Ḥanina and Rebbi Hoshaia. One said, is there a people like this people? Usually in the world a person who knows that he will stand in trial dresses in black, wears black headdress, and lets his beard grow, since he does not know how his trial will end. But Israel are not so, but they wear white, wear white headdress, cut their beard, eat, and drink, and are happy [On New Year’s Day.] . They know that the Holy One, praise to Him, will perform wonders for them. But the other one said, is there a people like this people? Usually in the world if the ruler says, the trial is today, but the robber [Greek ληστής.] says, tomorrow is the trial, whom does one listen to, not the ruler? But the Holy One, praise to Him, is not like this. If the Court said, today is New Year’s Day, the Holy One, praise to Him, says to the angels of service, put up the dais, [summon defenders [Greek συνήγορος.] , summon accusers [Greek κατήγωρ. A instead reads ספיקטורין which probably is shortened from ספקלטורין, Semitic plural of Latin speculator “examiner.”] , for My children said that today is New Year’s Day.] [Corrector’s addition, confirmed by G.] If the Court took counsel to transfer it to the next day, the Holy One, praise to Him, says to the angels of service, remove the dais, remove the defenders, remove the accusers, for My children took counsel to transfer to tomorrow. What is the reason? Certainly, it is a rule for Israel, a law of the God of Jacob [Ps. 81:5.] . If it is not a rule for Israel, so to speak [The customary expression to excuse anthropomorphisms. Babli 8b.] it is not a law for the God of Jacob. Rebbi Crispus in the name of Rebbi Joḥanan: In the past, the festive times of the Eternal, from then and onwards which You shall declare [Lev. 23:2. While the holidays are declared to be “the Eternal’s holidays”, since they depend on calendar dates, the actual dates are fixed not by God but by the calendar authorities. Cf. Shevi`it10:2 Notes 53–54.] . Rebbi Ila said, if you declare them they are My festive times, otherwise they are not My festive times. Rebbi Simon said, it is written, great things You did, You, Eternal my God, Your wonders and intentions regarding us [Ps. 40:6.] . In the past, great things You did; from then onwards, Your wonders and intentions regarding us [This passage is explained in A: “From the creation of the world up to Moses did the Holy One, praise to Him, compute the motions of the stars, and New Moons, and turning points (Note 161). When Moses was appointed, He handed over to him the secret of the calendar as it is said, this month is for you the head of months. Up to this time it was Mine, from now on it is delivered to you.” The following parables have to be explained as exploring the meaning of this handing over the sacred calendar to human interpretation.] . Rebbi <Joshua ben> [Added from G and A. This attribution is most likely correct even though the Yerushalmi, in contrast to the Babli, does not in general follow a chronological sequence of the quotes. R. Joshua ben Levi, great authority of the first generation of Amoraim, can precede the second generation authority R. Yose ben Ḥanina better than the third generation preacher (but not halakhic authority) R. Levi.] Levi said, a parable of a king who had a watch; when his son came of age, he handed it to him. Rebbi Yose ben Ḥanina said, a parable of a king who had a watch-box; when his son came of age, he handed it to him. Rebbi Aḥa said, a parable of a king who had a ring; when his son came of age, he handed it to him. Rebbi Ḥiyya bar Abba said, a parable of a carpenter who had carpenter’s tools; when his son came of age, he handed them to him. Rebbi Isaac said, a parable of a king who had treasures; when his son came of age, he handed them to him. But the rabbis say, a parable of a healer who had a box of medicines; when his son came of age, he handed it to him.
“And on New Year’s Day all in the world pass before Him like bene maron [S. Liebermann follows J. Levy to read one word, Latin numerus, Greek νούμερον, “legion” on parade (the rabbis’ interpretation in the Halakhah and Samuel’s in the Babli 18a, bottom). A. M. Haberman prefers to read בְּנֵי מָרוֹם “heavenly beings”, noting that the Targum to Job translates Job1:6: “It was on the day of judgment, on New Year’s Day, that groups of angels came to stand in judgment before the Eternal, and there came the Satan alone among them;” referred to by Rashi and Ibn Ezra ad loc.] ”. Rebbi Aḥa said, like those led into the corral [The sheep to be counted.] . But the rabbis are saying, like (in a legion.) [In Mekhilta Beshallaḥ 1 (ed. Horovitz-Rabin p. 89 l. 11) a Roman legion is called נומירון which in Yalqut ed. princeps is reproduced as נומיון which can reasonably be identified with the spellings here by the scribe and G. The words substituted by the corrector (read by Pene Mosheh as “magnifying lens”) and that of A: מגומין are to be considered as corruptions.] What is the reason? [Ps.33:15.] , Who creates together their hearts, Who understands all their deeds. [Sermons to explain the verse; Babli 18a.] Rebbi Levi said, He Who created together their hearts already understood all their deeds. Rebbi Eleazar said, usually in the world what is easier for the potter, to make a hundred flasks or to look at them? Not to look at them? Rebbi Berekhiah said, their creator wants that their hearts be alone to him. Rebbi Abun said, the One Who is unique in His world already understood all their deeds.
“And on Tabernacles they are judged about water.” [The next sentences are from Sukkah 4:1, Notes 10–12.] The Mishnah is Rebbi Aqiba’s [It can be asserted that Heaven determines the water supply only if there is a biblical connection between Tabernacles and water.] , since Rebbi Aqiba said the pouring of water is a word of the Torah: On the second day and their libations. On the sixth say, and its libations. On the seventh day, and its rules. מ י מ “water”. The Torah said, bring first-fruit barley on Passover that your grain be blessed; bring first-fruit wheat on Pentecost that your tree fruits be blessed [This seems to follow R. Jehudah who asserts (Babli Sanhedrin70b) that the Tree of Knowledge Good and Bad was wheat (Rashi to Babli 16a.)] . Therefore say, water libation on Tabernacles that your water be blessed. Rebbi Simeon ben Yoḥai stated: If Israel were acceptable on New Year’s Day and ample rain was decided for them, but in the end they sinned. To reduce it is impossible [since the decision had been rendered.] [Corrector’s addition, unsupported by G (but its meaning understood.)] What does the Holy One, praise to Him, do? He disperses it into oceans, deserts, and rivers, so that the earth have no benefit from it. What is the reason? To let rain on manless earth, desert no human in it [Job38:26.] . If Israel were not acceptable on New Year’s Day and scarce rain was decided for them, but in the end they repented. To augment it is impossible [since the decision had been rendered.] [Corrector’s addition, unsupported by G (but its meaning understood.)] What does the Holy One, praise to Him, do? He brings it down appropriately for the land and blows dew and winds so that the earth benefit from it. What is the reason? Its furrows make fertile, bring down its bundles, make it fat by soft rains, bless its growth [Ps. 65:11.] . Aridity, also heat, will steal the snow waters; they sinned to the pit [Job24:19. Introduction to the next sentence.] . The sins which they committed during the summer robbed them of the snow waters. It is written [Deut. 11:12.] : Always the eyes of the Eternal, your God, are on it, from the start of the year. Cahana said, it is written “from poverty. [Babli 16b. Sparse rains at the start of the rainy period lead people to repentance.] ” He lets it suffer at the beginning and gives it a good future at the end.
MISHNAH: For six months messengers are going out [To inform the people about the start of a new lunar month in the absence of a computed calendar. This is a late development which in the Mishnah is placed in Second Temple times whereas in Halakhah 2:1 (Note 39) it is placed later.] . For Nisan because of Passover, and for Av because of the fast day [The 9th of Av, anniversary of the destruction of the Temple; obviously a later development.] , and for Elul because of New Year’s Day [Since New Year’s Day is also the first of a month, it could not be determined in advance. If the first of Elul was known, the 30th of Elul could be observed everywhere as 1st of Tishre, since traditionally Elul was 29 days (Halakhah 3:1 Note 14, Babli 19b; Shevi`it10:2 Note 41, Sanhedrin1:2 Note 213); a second day had to be observed for the rare possibility that Elul was found to have 30 days.] , and for Tishre to fix the holidays [To avoid that the fast of the Day of Atonement had to be observed for two days.] , and for Kislew because of Ḥanukkah, and for Adar because of Purim. And when the Temple existed they also went for Iyar because of the minor Pesaḥ [On the 14th of Iyar; Pesaḥim9:1.] .
HALAKHAH: Should they not also go for Pentecost? Pentecost is cut out. You find to say sometimes five, sometimes six, sometimes seven. Full months five, regular six, deficient seven [Since as the Greek name indicates, Pentecost is 50 days after Passover, once Passover is fixed, Pentecost also is fixed. In the pharisaic-rabbinic system, where the count starts on the second day of Passover, Pentecost is the 5th of Sivan if both Nisan and Iyar are 30 days, it is the 6th if one of them (in the computed calendar, Nisan) is 30 days and the other month 29, it is the 7th if both months have 29 days. The lengths of these months are irrelevant for the fixation of Pentecost. Babli 6b; cf. Note 100.] .
Did they not already go for Elul [Therefore it should not be necessary to send messengers for Tishre.] ? But to announce that the new Moon has been sanctified. Rebbi Joshua ben Levi said, I am a guarantor for those who go to Nemurin that none of them will die when going. There [From here on the paragraph is copied in Ḥallah1:1, Notes 83–86. “There” means Babylonia. It could mean Nimurin, whose location would have to be on the road to Iraq since it was within the jurisdiction of Rav Ḥisda, and R, Joshua ben Levi was encouraging people to spread the news about the correct date of the Day of Atonement, here called the Great Fast.] they were concerned about the Great Fast two days. Rav Ḥisda [In A: Ḥizqiah.] told them, why do you bring yourselves into this serious doubt? The presumption is that the Court will not tarry in this matter [Even without a computed calendar one may be sure that New Year’s Day is the 30th of Elul and according to all biblical rules only fast one day on Tishre 10.] . The father of Rebbi Samuel bar Rav Isaac was concerned for himself and fasted two days. His intestine split and he died.
MISHNAH: For two months one [Potential witnesses to testify before the High Court that the New Moon was seen and they may declare the day as one of the New Moon.] desecrates the Sabbath, for Nisan and for Tishre, when messengers go out into Syria and which fix the holidays. When the Temple existed one did desecrate for all of them because of the regulation of the sacrifice [The sacrifice for the day of New Moon, Num. 28:1–8.] . Whether it was seen clearly or not seen clearly one desecrates the Sabbath for it. Rebbi Yose said, if it was seen clearly one does not desecrate the Sabbath for it [Since there is no doubt that two persons at the place of the Court have seen the moon.] . It happened that more than 40 couples passed by [On a Sabbath which was the first day the New Moon was seen.] and Rebbi Aqiba held them back in Lydda [On the way to testify at Jabneh.] . Rabban Gamliel sent to him, if you hinder the public you will make them stumble in the future.
HALAKHAH: What means בַעֲלִיל? “Generally known”. As you are saying [Ps. 12:7. Babli 21b.] , Molten silver open on earth [The usual translation is “in an earthenware crucible.” For several ways to translate the expression cf. Rashi Ps. 12:7.] , refined sevenfold.
“It happened that more than 40 couples passed by and Rebbi Aqiba held them back in Lydda.” Because they are 40 couples. But if it had been a single couple he would not have held them back [Since these 40 pairs of witnesses, together 80 men, travelled in a group on the Sabbath, and the testimony of 40 pairs is not more valid than the testimony of a single pair, they clearly abused the rabbinic rule permitting Sabbath travel in this case. If there had been 40 couples of witnesses passing on the via maris at different times he would not have interfered.] .
“Rabban Gamliel sent to him, if you hinder the public you will make them stumble in the future.” Would you not hinder the public from performing a meritorious act? And any who would hinder the public from performing a meritorious act must be excommunicated [Cf. Mo`ed qatan 3:1, Ta`aniot3:12.] . Rebbi Jehudah the baker [This attribution seems to be correct and the quote in the Babli 22a has to be corrected accordingly.] said, Heaven forbid that Rebbi Aqiba was excommunicated; but it was the head of Gader [This name was introduced into the text by the corrector from the Babli. In the ms. ג()ר was written by the scribe; the middle letter was erased by the corrector and replaced by ד. Therefore the name certainly is incorrect, also because talmudic Gadara is on the East side of Lake Genezareth, far from the road to Jabneh. Therefore most likely the name is Gezer, a district capital on the road from Lydda to Jabneh. In the Babli one has to read גֶדֶֿר, with dh indistinguishable in sound from z. (Places Haggedera, Gederotaim, Gederot mentioned Jos. 15:37.41.)] ; Rabban Gamliel sent and removed him from his headship.
MISHNAH: A father and son who saw the new moon should go; not that they could combine one with the other [Since in formal testimonies close relatives are not permitted; these include close relatives to one of the parties, or one of the judges, or another witness.] but that if one of them should be found disqualified the second one could team up with another person. Rebbi Simeon says, a father and his son and all relatives are qualified for the testimony of the new moon. Rebbi Yose said, it happened that that Tobias the healer saw the new moon in Jerusalem, he and his son and his freed slave. The Cohanim [To determine that the sacrifices of the New Moon were due on this day.] accepted him and his son and disqualified his slave; but when he came to the Court [To determine the date of the holidays.] they accepted him and his slave but disqualified his son.
HALAKHAH: Rebbi Simeon’s reason: As at its start. The Eternal said to Moses and Aaron … This month be for you the first of months [Since the determination of the first New Moon was to be made by two brothers, one cannot be more restrictive in all later cases. Babli 22a.] .
“The Cohanim accepted him and his son and disqualified his slave,” because of disqualification [These are disqualified by rabbinic standards, Mishnah Sanhedrin3:6, Notes 44–50. By biblical standards, only close relatives and criminals are disqualified.] , “but when he came to the Court they accepted him and his slave but disqualified his son,” because of relative [In criminal cases and civil cases decided by judicial ruling, not arbitration.] .
MISHNAH: The following are disqualified [These are disqualified by rabbinic standards, Mishnah Sanhedrin3:6, Notes 44–50. By biblical standards, only close relatives and criminals are disqualified.] : The dice-player, the lender on interest, participants in pigeon contests, dealers in sabbatical produce, and slaves. This is the principle: any testimony for which a woman is not qualified [In criminal cases and civil cases decided by judicial ruling, not arbitration.] , they are not qualified.
HALAKHAH: “The following are disqualified.” [Parallels are found in Sanhedrin3:6 Notes 51–68 and Ševuot 7:4.] The dice player is the one who plays with small stones [Greek ψη̅φος “pebble, cube; the stones used for mosaics and tokens used in elections.” Rashi defines as “marbles”.] . [Similar texts are in Sanhedrin, Babli 25b, Tosephta 5:2.] “Not only the player with stones, even one who plays with shells of nuts or pomegranates. When is he accepted? After he breaks his stones, and is checked out, and repents in complete repentance.”
“The lender on interest.” This is one who lends on interest [Who takes interest from Jewish borrowers.] . “When is he accepted? After he tears up his IOU’s, and is checked out, and repents in complete repentance.” [Similar texts are in Sanhedrin, Babli 25b, Tosephta 5:2.]
“Participants in pigeon contests. [Organizing pigeon contests is not dishonest, but making a living by betting on animal contests would be impossible for honest betters.] ” This is one who bets on pigeons. Whether one bets on pigeons or bets on any other domesticated animal, wild animal, or bird. “When is he accepted? After he tears up his tools of the catch, and is checked out, and repents in complete repentance.” [Similar texts are in Sanhedrin, Babli 25b, Tosephta 5:2.]
“Dealers in sabbatical produce.” [Similar texts are in Sanhedrin, Babli 25b, Tosephta 5:2.] “Who is a dealer in sabbatical produce? One who sits idle all the years of a sabbatical cycle. As soon as the sabbatical year starts, be becomes active and trades in forbidden produce. One does not accept them before another sabbatical year starts and he can be checked out that he repented in complete repentance.” It was stated: Rebbi Yose says, two sabbatical periods. [Similar texts are in Sanhedrin, Babli 25b, Tosephta 5:2.] “Rebbi Nehemiah says, repentance in money, not repentance in words; that he say to them, here are [If it is a matter of dates, why is it mentioned that it was an etrog?] denars, distribute them to the poor, for I earned them from forbidden produce.” [A similar text in the Babli, Sanhedrin 25b.] They added shepherds, extortioners, and any who are suspect in money matters, that their testimony be invalid. Rebbi Abbahu said, only shepherds of small animals [Sheep and goats which are destructive of vegetation in agricultural areas. Herders of sheep and goats are acceptable only in regions devoid of agriculture. The Babli notes that robbers and other felons are excluded by biblical law (Ex.23:2). It concludes that Mishnah and baraitot refer to actions classified as extortion or robbery only by rabbinical standards.] .
Rav Huna said: Who is the Tanna of “participants in pigeon contests”? Rebbi Eliezer, as we have stated there [Mishnah Idiut2:7, formulated as testimony in R. Aqiba’s court in the name of R. Eliezer.] : “Two in the name of Rebbi Eliezer. A woman may go out with a city of gold [On the Sabbath a woman may go into the public domain wearing a golden diadem depicting the walls of a city. This is classified as jewelery which is standard clothing for a woman.] , and participants in pigeon contests are disqualified from testimony.” Rebbi Mana said before Rebbi Yose: Is the entire statement in Sanhedrin Rebbi Eliezer’s [If Mishnah Sanhedrin3:6 represents a minority opinion, it should have been labelled as such.] ? He told him, it is everybody’s opinion. What means “it is everybody’s opinion”? [Here starts the discussion of the Mishnah in Roš Haššanah…] So said Rebbi Yose: We knew that he was disqualified for testimony in money matters. What does he [One of the witnesses mentioned in the Mishnah Roš Haššanah.] come to testify about? For as he is disqualified in money matters, so he is disqualified to testify in criminal trials. The witnesses for the New Moon are held to the standards of criminal trials, as we have stated: “any testimony for which a woman is not qualified, they are not qualified.” Who stated this? The rabbis [Since the Mishnah is anonymous.] ! Do the rabbis follow Rebbi Eliezer? They agree with him and disagree with him. Rebbi Jonah in the name of Rav Huna: It follows Rebbi Eliezer in everything. It turns out that this disagreement [R. Eliezer and the rabbis, R. Meïr and R. Yose (the Tanna).] parallels another disagreement, as it was stated [Tosephta Makkot1:11, in the name of R. Jehudah (student of R. Eliezer’s student.)] : “A perjured witness is disqualified for any and all testimony required by the Torah, the words of Rebbi Meïr. Rebbi Yose said, when? If he was found perjured in criminal matters. But if he was found perjured in money matters, he is suspect in money matters and disqualified in money matters.” It turns out that Rebbi Yose parallels the rabbis and Rebbi Meïr Rebbi Eliezer.
MISHNAH: If one who cannot walk saw the new moon one transports him on a donkey, even on a litter [On a Sabbath.] . If they are fearful [Of wild animals or any other form of attack.] , they take sticks with them. If the distance was great they take with them food, for on a distance of walking a night and a day one desecrates the Sabbath and goes for testimony of the new moon, as it is said [Lev. 23:2.] , these are the festive times of the Eternal, proclaimed as holy.
HALAKHAH: Rebbi Isaac said, the Torah uses any expression. And the man looked confidently at her [Gen. 24:21.] . “Any amphora which contains two seah. [Mishnah Terumot 10:8.] ” “If they are fearful. [Both Bible and Mishnah are finite texts and do exhaust the entire Hebrew vocabulary known at their times. Therefore it is not astonishing that occasionally one finds hapax legomena or at least uncommon expressions used in these texts. The use of שאה in the biblical text is hapax. In later texts, the root means “destruction”. The word usually is interpreted as a collateral form of שעה, but since the linguistic background of Genesis is the Accadic of the Patriarchs it may be Accadic šeū “to see” read as ש1א7א instead of ש4א7א, and therefore represents archaic Hebrew. A clay amphora as mentioned in Mishnah Terumot usually is חָבִית. The root of the uncommon word גָּרָב is the same as the biblical word (Lev. 21:20) “to be bone dry”, but the meaning is totally different. Similarly, in our Mishnah the expression צוֹדֶה does not mean “to hunt” but “to be afraid of an ambush”, comparable to Biblical צָדָה (Ex. 21:12, 1S 24:12) “to intend murder”, Arabic צדּי “to corrode (metal)”. Cf. Responsa Rashba, vol. 1, #523.] ”
I could think that just as one desecrates the Sabbath to testify about them, so one desecrates the Sabbath to proclaim that they were fixed [The messengers sent out to inform the people about the fixation of the holidays must keep the Sabbath, in contrast to the people who go to testify about a new moon on the Sabbath. Babli 21b; Sifra Emor Pereq 10(7).] . The verse says [Lev. 23:2.] , which you shall call out. About its being called you desecrate the Sabbath, you do not desecrate the Sabbath to proclaim that they were fixed.
Rebbi Simeon ben Laqish asked, does cutting the `omer during daytime push aside the Sabbath [Since the `omer, the offering of new barley in the Temple, must be brought at a fixed time, in pharisaic-rabbinic tradition on the 16th of Nisan (in the standard Sadducee tradition of the Book of Jubilees on Nisan 22, in Boethusian tradition on the Sunday of the Passover week), the fixed date overrules any Sabbath prohibition. Since the grain has to be parched (Lev. 2:14), the offering involves a Sabbath violation. It is prescribed that the grain be newly cut (Lev. 23:10). By tradition this has to be done in the night of Nisan 16. The question is whether it may be done the next morning if the 16th of Nisan is a Sabbath, since in this case the commandment would not be executed in the best manner.] ? Rebbi Abbai objected, did we not state [Mishnah Menaḥot 10:9. The Mishnah seems to exclude any doubt about R. Simeon ben Laqish’s question.] , “its obligation is to harvest during nighttime. If it was cut during daytime it is qualified and pushes the Sabbath aside.” But he did not accept it [He interprets the clause “and pushes the Sabbath aside” only as referring to cutting during nighttime.] . Rebbi Aḥa said, Rebbi Simeon ben Laqish changed his opinion about this [The clause must refer to the entire statement of the Mishnah.] . “After nightfall he says to them, did the sun set? They say, yes. Did the sun set? They say, yes. [Mishnah Menaḥot 10:3, describing the cutting of the barley for the `omer an a Sabbath.] ” Where do we hold? If about nighttime, that already was said [Why does the priest charged with the cutting have to ask the attending crowd twice whether this is the right time to do the cutting? (The Babli takes it as an anti-Sadducee-Boethusian demonstration.)] . But if it does not refer to nighttime, let it refer to daytime; it is a matter that pushes aside the Sabbath during daytime. Do the preparations [Transporting the scythe and the storage boxes to the place of harvesting.] push aside the Sabbath during nighttime? Did we not state [Mishnah Tamid 1:3. The pan-baked breads are for the daily offering of the High Priest (cf. Yoma 1:1, Note 26.) Baking the breads only is a preparation for the offering.] , “they made the maker of pan-baked breads make pan-baked breads.” Explain it, on a weekday. Rebbi Ḥiyya bar Ada stated [Mishnah Tamid 7:3, covering all the preceding rules, without distinction between Sabbath and weekday.] , “this is the daily order of service of our God’s Temple,” whether on a weekday or a Sabbath. But did we not state [Mishnah Menaḥot 10:4, again about the `omer. Parching the grain usually is done during nighttime but there are no rules prohibiting doing it early in the morning.] , “they harvested it and put it in boxes, brought it to the Temple courtyard, and were parching it in fire to fulfill the commandment of roasting, [the words of Rebbi Meïr. Rebbi Yose [The Amora. He notes that the Mishnah has no relevance for the question about preparations. Since cutting the grain in the night was a Sabbath violation, it is clear that there is authorization to finish the entire ceremony on the Sabbath. This implies nothing if there was no action during the night.] says], since he started the meritorious work, one tells him to complete it.” Rebbi Judah from Kappadokia objected before Rebbi Yose: Think of it, if it came from storage. Since he started the meritorious work, there is no reason to tell him to complete it [If no new grain was growing by Passover and grain from storage was used, there seems to be no authorization to parch it on the Sabbath.] . Rebbi Jacob bar Sosai objected, did we not state, “for on a distance of walking a night and a day one desecrates the Sabbath and goes for testimony of the new moon” [As a matter of principle testimony may be received only during daytime. If people leave their Sabbath domain during nighttime in order to testify during daytime, the action in the night has the status of preparation for the main event during daytime.] ? He said to them, since the daytime needs the nighttime [Otherwise they could not appear in Court during daytime.] and the nighttime needs the daytime, it is as if it were all daytime. Rebbi Yose ben Rebbi Abun said, is it not sanctified retroactively [If the day is determined to be one of the New Moon (or in Tishre New Year’s day) it receives this status from the preceding evening. Therefore every year one has to observe the restrictions of the holiday starting with the evening of the 30th of Elul even if no witnesses of the New Moon are yet known.] ? Since it is sanctified retroactively there is no difference between day and night.