Mishnah
Mishnah

Mesorat%20hashas for Rosh Hashanah 3:1

רָאוּהוּ בֵית דִּין וְכָל יִשְׂרָאֵל, נֶחְקְרוּ הָעֵדִים, וְלֹא הִסְפִּיקוּ לוֹמַר מְקֻדָּשׁ, עַד שֶׁחֲשֵׁכָה, הֲרֵי זֶה מְעֻבָּר. רָאוּהוּ בֵית דִּין בִּלְבַד, יַעַמְדוּ שְׁנַיִם וְיָעִידוּ בִפְנֵיהֶם, וְיֹאמְרוּ מְקֻדָּשׁ מְקֻדָּשׁ. רָאוּהוּ שְׁלשָׁה וְהֵן בֵּית דִּין, יַעַמְדוּ הַשְּׁנַיִם וְיוֹשִׁיבוּ מֵחַבְרֵיהֶם אֵצֶל הַיָּחִיד וְיָעִידוּ בִפְנֵיהֶם, וְיֹאמְרוּ מְקֻדָּשׁ מְקֻדָּשׁ, שֶׁאֵין הַיָּחִיד נֶאֱמָן עַל יְדֵי עַצְמוֹ:

If beth-din and all of Israel saw it [on the night of the thirtieth], (it is intercalated). I might think that since beth-din and all of Israel saw it, it has "become public" and should be sanctified on the thirtieth; we are, therefore, apprised that if it got dark and the night of the thirty-first arrived, and beth-din had not yet said: "It is sanctified," it is intercalated, and Rosh Chodesh is set as (falling on) the thirty-first.]; or if only the examination of the witnesses had taken place, and they had not yet said: "It is sanctified" before the night [of the thirty-first had arrived], it is intercalated. [for I might think that the examination of the witnesses should be regarded as the beginning of the judgment and: "It is sanctified; it is sanctified," as the end, the end of the judgment being at night, when it is to be sanctified — We are, therefore, apprised that this is not so, for the New Moon is not sanctified at night. However, if they saw the new moon at sunset, and there is yet time in the day to say: "It is sanctified" before the appearance of the stars, it is sanctified, it not being considered night until the appearance of the stars.] If beth-din alone had seen it, two of them arise and testify before them (the others), and they say: "It is sanctified; it is sanctified." [The instance of our Mishnah is one in which beth-din saw it on the night of the thirtieth. Since it cannot be sanctified at night, the next day two arise and testify. (For if not on (the basis of their testimony, how can it be sanctified?) But if beth-din saw it at sunset, with time remaining to say "It is sanctified," they sanctify it on the basis of their sighting, hearing it from witnesses not being more convincing than seeing it with their own eyes. For in respect to the sanctification of the New Moon, "testimony" is not mentioned, but "See (the moon) such as this and sanctify it."] If three see it, and they are beth-din, [the next day, when they come to say that it is sanctified], two of them arise and seat two of their colleagues next to the one (who was with them), and they testify before them, and they say "It is sanctified; it is sanctified"; for a single (judge) is not entrusted by himself. [And even though a single expert may judge by himself, this is not the case with sanctification of the new moon. For there is none more "expert to the populace" than our teacher Moses, in spite of which the Torah says: (You may not sanctify the new moon) until Aaron is with you, viz. (Exodus 12:1): "And the L-rd said to Moses and to Aaron" … This month is to you."]

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