R. Gamliel (the Nassi) sent to him (R. Yehoshua): "I decree that you come to me with your staff and your money on the day that Yom Kippur falls out according to your reckoning." R. Akiva went and found him (R. Yehoshua) desponding [over the Nassi's having decreed that he desecrate Yom Kippur], whereupon he said to him: There is Biblical support for regarding everything done by R. Gamliel as done (i.e., taking effect), it being written (Leviticus 23:4): These are the festivals of the L-rd, callings of holiness, which you shall call them" — Whether (you proclaim them) in their times or not in their times, I have no festivals but these [Scripture making the "callings" of beth-din the criterion (for the determination of the festival times)]. When he [R. Yehoshua] came to R. Dossa b. Hyrcanus, he said to him: If we took exception with the beth-din of R. Gamliel, we would have to do so with every beth-din which arose for Israel from Moses' time until now, viz. (Exodus 24:9): "And there went up Moses and Aaron, Nadav and Avihu, and seventy of the elders of Israel": Why were the names of the elders not given? To teach that any three who are set up as a beth-din over Israel are equivalent to that of Moses himself. [So that if one questions the authority of a beth-din in his day, saying: "Are they as great as Moses and Aaron or Eldad and Medad?" he is told: "Perhaps he is as great as the remaining ones, whose names were not given."] He, thereupon, took his staff and his money in his hand and went to Yavneh to R. Gamliel on the day that Yom Kippur fell out according to his (R. Yehoshua's) reckoning. (When he got there,) R. Gamliel arose and kissed him on his head, saying: "Come in peace, my master and my disciple — my master, in wisdom; my disciple, for having done my bidding."
Bartenura on Mishnah Rosh Hashanah
הלך ומצאו ר"ע – to Rabbi Yehoshuaבור
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English Explanation of Mishnah Rosh Hashanah
Introduction
This mishnah is the continuation of yesterday’s story of Rabban Gamaliel, Rabbi Joshua and Rabbi Dosa ben Harkinas and the sanctification of the new moon based on erroneous testimony. At the end of yesterday’s mishnah, Rabbi Joshua agrees with Rabbi Dosa ben Harkinas that the witnesses’ testimony was false and therefore Rabban Gamaliel should not have accepted it.
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Bartenura on Mishnah Rosh Hashanah
מיצר – on that the President/Nasi decreed upon him to desecrate Yom Kippur
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English Explanation of Mishnah Rosh Hashanah
Rabban Gamaliel sent to him: I order you to appear before me with your staff and your money on the day which according to your count should be Yom Hakippurim. The action begins with Rabban Gamaliel’s response to Rabbi Joshua. Rabban Gamaliel sends one of his messengers (henchmen) to him and demands that he come to Rabban Gamaliel on the day which he believes to be Yom Kippur, the day after Rabban Gamaliel would have celebrated Yom Kippur. This is a harsh decree, one delivered by the politically potent Rabban Gamaliel, to the wise yet weak Rabbi Joshua. Rabbi Joshua would be forced to desecrate the holiest day of the year by carrying his stick and money in the public domain and by going beyond the Shabbat border limit. Indeed, if Rabbi Joshua believes that that day is Yom Kippur, he would have to ignore Rabban Gamaliel’s demands rather than transgress such a serious prohibition.
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Bartenura on Mishnah Rosh Hashanah
אשר תקראו – that the Jewish court hung the Biblical verse on this calling
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English Explanation of Mishnah Rosh Hashanah
Rabbi Akiva went and found him in distress. He said to him: I can teach that whatever Rabban Gamaliel has done is valid, because it says, “These are the appointed seasons of the Lord, holy convocations, which you shall proclaim at their appointed times” (Leviticus 23:4), whether they are [proclaimed] at their proper time or not at their proper time, I have no other appointed times save these. Rabbi Akiva hears about the goings on and comes to Rabbi Joshua to offer him advice. His advice is based on a midrash. The verse seems to imply, at least according to its midrashic reading, that the holidays are holy whether or not the court decrees them to fall at their “proper” time or at the wrong time. In other words, Yom Kippur is when the court determines it to be, and not when it really should fall according to some predetermined “heavenly” time. If the court makes a mistake and sanctifies the new month of Tishri on the wrong day, then ten days later is still Yom Kippur. Rabbi Akiva is basically telling Rabbi Joshua that even if Rabban Gamaliel is wrong with regard to the new month, the day upon which he declares Yom Kippur to fall is still Yom Kippur.
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Bartenura on Mishnah Rosh Hashanah
בא – Rabbi Yehoshua near Rabbi Dosa
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English Explanation of Mishnah Rosh Hashanah
He [Rabbi Joshua] then went to Rabbi Dosa ben Harkinas. He said to him: if we call in question the court of Rabban Gamaliel we must call in question the decisions of every court which has existed since the days of Moses until now. As it says, “Then Moses and Aaron, Nadav and Avihu and seventy of the elders of Israel went up” (Exodus 24:9). Why were the names of the elders not mentioned? To teach that every group of three which has acted as a court over Israel, behold it is like the court of Moses. Rabbi Joshua now goes to Rabbi Dosa ben Harkinas, the same sage who said in yesterday’s mishnah that the witnesses were lying. This is a fascinating move. He is basically going to Rabbi Dosa and asking him, “What should I do? I agreed with you, and see what a predicament it has gotten me into.” Rabbi Dosa, like Rabbi Akiva, provides him with a midrash which supports him going to Rabban Gamaliel on the day which he thinks is Yom Kippur. Rabbi Dosa’s midrash teaches that the court that stands at every generation is equal in authority to that of Moses and his court. This is the ultimate statement of rabbinic authority. One shouldn’t think that the current rabbinic courts are inherently of a lesser status. Although the sages that live today may not be as close to the source, God and the Torah, as was Moses, their authority is nevertheless not diminished.
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Bartenura on Mishnah Rosh Hashanah
למה לא נתפרשו שמותן וכו' – for if a person would come to argue against the Jewish court of his days, to say – for this Jewish court is like Moses and Aaron or [like] Eldad and Medad, we would say to him: lest it is important like those whose who remained whose names were not [explicitly] spelled out.
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English Explanation of Mishnah Rosh Hashanah
He [Rabbi Joshua] took his staff and his money and went to Yavneh to Rabban Gamaliel on the day which according to his count should be Yom Hakippurim. Rabban Gamaliel rose and kissed him on his head and said to him: Come in peace, my teacher and my student my teacher in wisdom and my student because you have accepted my decision. Peace is finally made and rabbinic unity is restored. Rabbi Joshua is either convinced by Rabbi Akiva and Rabbi Dosa ben Harkinas, or he realizes that he has no choice but to go to Rabban Gamaliel. Rabban Gamaliel greets him with open arms, praising him for both his wisdom and importantly, also for his acceptance of his decree.
