How are the witnesses examined? The pair to arrive first is examined first. The senior (of the pair) is brought in first, and asked: "How did you see the moon? Facing the sun, or behind the sun?" [i.e., Was the crescent of the moon inclining towards the sun or in a different direction? And in this regard it is stated below: "If he said that it was facing the sun, he has said nothing"; for the luminous side of it always is towards the sun and the crescent side, away from it], "In the north or in the south?" [For the moon moves away from the sun, sometimes to the north, sometimes to the south. And if beth-din knew, by calculation, that at that time it should be towards the north and the witnesses said they saw it towards the south, or vice versa, of a certainty, they are false witnesses.], "How high was it?" [above the earth, as you saw it? If one of them said two (men's) heights, and the other, three, their testimony is accepted. If one said three, and the other, five, their testimony is rejected.], "And whither did it incline?" [i.e., In which direction did the heads of the crescent incline, north or south?], And how broad was it?" [For the size of the moon (to the eye) varies as to its distance from the sun.] If he said that it was facing the sun, he has said nothing. Then they would bring in the second witness and examine him. If their statements jibed, their testimony was accepted. And the other pairs were asked general questions. Not because they were needed, but so that they not leave disconsolate, to encourage them to come again.
Bartenura on Mishnah Rosh Hashanah
לפני החמה או לאחר החמה – was the concave side of the crescent of the moon directed towards the sun, inclined towards the sun or in another direction? (see Talmud Rosh Hashanah 23b) And concerning this, it is taught at the conclusion [of the Mishnah] that if he said that it was towards the side of the sun, he didn’t say anything, for never does the sun see the concave side of the crescent of the moon, for the side that is enlightened [by the sun] always is inclined towards the sun and the concave side of the moon’s crescent is inclined in another direction.
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English Explanation of Mishnah Rosh Hashanah
Introduction
As we mentioned in yesterday’s mishnah, once the witnesses arrived in Jerusalem they were brought to Bet Yazek where the court would examine them. Our mishnah teaches how they were examined.
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Bartenura on Mishnah Rosh Hashanah
בצפונה או בדרומה – For the moon distances itself from the sun – once to the northern side and once to the southern side, and if the Jewish court knew the my means of calculation that at the particular time, the moon should be at the northern side and the witnesses said that they saw it inclined towards the southern side or the opposite, it is clear that they are false witnesses.
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English Explanation of Mishnah Rosh Hashanah
How do they test the witnesses? The pair which arrives first, they test them first. The first pair to get there would be the first pair that would be examined first come, first serve.
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Bartenura on Mishnah Rosh Hashanah
כמה היה גבוה – from the earth (i.e., on the horizon) according to what your eyes can see. If one of the witnesses says said that it was the height of two men and the other witness said [the height of] three [men], their testimony would be established. But if one said: “[the height of] three” and the other said, “[the height of] five,” their testimony would be invalid.
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English Explanation of Mishnah Rosh Hashanah
They bring in the older of them and they say to him, “Tell us, how did you see the moon in front of the sun or behind the sun? To the north of it or to the south? How high was it, and in which direction was it inclined? And how broad was it?” If he says [he saw it] in front of the sun, his evidence is rejected. As is usual in all court cases, they interrogate the witnesses one at a time. The examination would consist of several questions which would ascertain that the witnesses had actually seen the new moon. At the time of the new month (the molad, in Hebrew) the moon is found at sundown in the west near the sun. From that time on it goes further east away from the sun, until at the fifteenth of the month it is in the east opposite the sun. Right before the new moon it is west of the sun and it sets before the sun such that it looks as if it is “in front of the sun.” After the new month (the molad) it sets after the sun and is further from the horizon and it looks as if it is “after the sun.” Therefore, if he says that he saw it “in front of the sun,” he has not seen the new moon and his testimony is rejected. One who stands looking west at sunset, where he might see the new moon at the right time of the month has the north to his right and the south to his left. Therefore, when they ask north and south, what they mean is was the moon to the right or left of the sun.
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Bartenura on Mishnah Rosh Hashanah
ולאן היה נוטה – The heads of the crescent to which direction it leans – to the northern side or to the southern side.
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English Explanation of Mishnah Rosh Hashanah
After that they would bring in the second and test him. If their accounts were the same, their evidence was accepted. If the witnesses said the same thing, then there testimony is accepted.
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Bartenura on Mishnah Rosh Hashanah
וכמה היה רחב – for the moon changes its measure according to how far it is from the sun or closed to it.
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English Explanation of Mishnah Rosh Hashanah
And the other pairs were only questioned briefly, not because they were required at all, but so that they should not go out disappointed, so that they would be regular in coming [to testify]. Once two witnesses have testified, there is no need for more testimony from other witnesses. Nevertheless, the court didn’t want to just turn the rest of the pairs of witnesses away because if they did so they might not come back in the future reasoning that there was no need for their testimony. Therefore, they asked the witnesses a few questions in order to make them feel that their long trip to Jerusalem had not been in vain.
