Rosh Hashanah 1

אַרְבָּעָה רָאשֵׁי שָׁנִים הֵם. בְּאֶחָד בְּנִיסָן רֹאשׁ הַשָּׁנָה לַמְּלָכִים וְלָרְגָלִים. בְּאֶחָד בֶּאֱלוּל רֹאשׁ הַשָּׁנָה לְמַעְשַׂר בְּהֵמָה. רַבִּי אֶלְעָזָר וְרַבִּי שִׁמְעוֹן אוֹמְרִים, בְּאֶחָד בְּתִשְׁרֵי. בְּאֶחָד בְּתִשְׁרֵי רֹאשׁ הַשָּׁנָה לַשָּׁנִים וְלַשְּׁמִטִּין וְלַיּוֹבְלוֹת, לַנְּטִיעָה וְלַיְרָקוֹת. בְּאֶחָד בִּשְׁבָט, רֹאשׁ הַשָּׁנָה לָאִילָן, כְּדִבְרֵי בֵית שַׁמַּאי. בֵּית הִלֵּל אוֹמְרִים, בַּחֲמִשָּׁה עָשָׂר בּוֹ:

There are four New Years: The first of Nissan is the New Year for kings and for festivals. [The kings of Israel count from Nissan. If a king began to reign in Shevat or Adar, when Nissan arrives, that year ends and they begin to count a second year for him. This is derived from (I Kings 6:1): "And it came to pass in the four hundred and eightieth year after the children of Israel went out of the land of Egypt, in the fourth year, in the month of Ziv, which is the second month, of the reign of Solomon over Israel, etc." The reign of Solomon is being likened to the exodus from Egypt. Just as the exodus from Egypt is counted from Nissan, so the reign of Solomon is counted from Nissan. And the reign of the gentile kings is counted from Tishrei. As stated below: "On the first of Tishrei is the New Year for years"; that is, for the years of the gentile kings." A (practical) difference: They used to indicate the date on bills (of payment) according to the years of the king's reign, for the sake of shalom malchuth ("the peace of the kingdom"). And if a king began reigning on Adar, and a scribe wrote (on a bill) in Nissan thirteen months later: "Nissan of the second year," since Nissan is the New Year for kings, this is a shtar mukdam ("a pre-dated bill") and is invalid; for that Nissan was the Nissan of the third year. And pre-dated bills are invalid; for they enable the lender to wrongfully seize property bought from the borrower between the date on the bill and the time of the loan, the sale having preceded the loan. He (the lender) was, therefore, penalized to lose out even from the (real) time of the loan by not being allowed to seize bound property (from that time). ("the first of Nissan is the New Year for festivals":) What is meant is that its festival, Pesach, is the New Year for festivals in respect to vows. If three festivals pass from the time one vows and he does not fulfill his vow, he is in transgression of (Deuteronomy 23:22): "You shall not delay" (to fulfill it). And R. Shimon says that he does not transgress unless three festivals pass in order, Pesach being first, viz. (Ibid. 16:16): "On the festival of matzoth, and the festival of Shavuoth, and the festival of Succoth." The halachah: If one festival alone passed and he did not fulfill his vow, he transgresses a positive commandment, viz. (Ibid. 12:5-6): "And you shall come there, and you shall bring there your burnt-offerings, etc." — On the first festival that you come, you must bring. And if three festivals pass, he is in transgression of delaying (his vow). (The halachah is not in accordance with R. Shimon, who requires three festivals in order.)] The first of Elul is the New Year for the tithing of beasts. [i.e., The tithe is not taken from animals born in one year for animals born in another, it being written (Deuteronomy 14:22): "Tithe shall you tithe." Scripture states: "year by year" — and not from this year for another.] R. Elazar and R. Shimon say: The first of Tishrei. [Since the beast tithe is likened to the grain tithe, just as the new year for the grain tithe is Tishrei, so the new year for the beast tithe is Tishrei. The halachah is not in accordance with R. Elazar and R. Shimon, who say the first of Tishrei. And the first tanna holds that since the beast tithe is likened to the grain tithe, it being written: "Tithe shall you tithe" — Just as grain is tithed close to its consummation (its new year being Tishrei, following its consummation; for all of the summer it remains on the threshing floor for drying) — so with the beast tithe, consummation is followed by tithing, on the first of Elul. For (most) animals are born in Av, the end of their period of gestation, viz. (Psalms 65:14): "Lavshu karim hatzon, and the valleys are covered with corn." When (is it that) "lavshu karim hatzon"? (i.e., When is it) that the ewes (karim) are "clothed" (mithlabshoth) by the rams (hatzon), which mount and impregnate them? When the valleys are covered with corn; that is, in Adar, when the sprouting vegetation is clearly visible. And they (the lambs) are born in Av, the gestation period of a small beast being five months. Therefore, the new year for the beast tithe is the first of Elul, close to its (the animal's) consummation.] The first of Tishrei is the New Year for years, [the years of the reign of the gentile kings, as explained above], for shemitah [When Tishrei enters, it is forbidden to plow and to sow by Torah law], for the Jubilee year, for planting [If he planted a tree forty-five days before the first of Tishrei (which comprise two weeks for "taking," the planting "taking" in two weeks, and thirty days after planting to make a year, thirty days in a year being considered a year — thus, forty-five days), when the first of Tishrei arrives, it is counted as (the beginning of) the second year of the years of arlah, and the Tishrei of the next year is counted as (the beginning of) the third year. And after the third year, when the first of Tishrei of the fourth year arrives, if fruits were formed from this planting, they are still forbidden because of arlah. For even though Tishrei is the New Year for panting, the fifteenth of Shevat is the New Year for trees; and this has already become a tree. Therefore, its year is not renewed vis-à-vis leaving the status of arlah until the fifteenth of Shevat. From that point on, if it forms fruits, they are in the status of revai (the fourth year) to be eaten in Jerusalem. And all fruits that are formed on it from the fifteenth of Shevat of the next year and on are not in the status of revai.], and (Tishrei is the New Year) for greens [i.e., for tithing greens. The tithe is not taken from greens picked before Rosh Hashanah for greens picked after Rosh Hashanah.] The first of Shevat is the New Year for trees according to Beth Shammai [vis-à-vis the tithing of fruits. The tithe is not taken from fruits of a tree, which were formed before Shevat for those which were formed after Shevat. For in a tree, (fruit) formation is the criterion. Or, there is a practical difference vis-à-vis the third year of shemitah, when the poor tithe obtains. Those fruits which were formed from Rosh Hashanah of the third year are regarded as fruits of the second year that has passed, and ma'aser rishon and ma'aser sheni obtain with them; and (with those fruits which were formed) from Shevat on, ma'aser rishon and the poor tithe obtain.] Beth Hillel say: (The New Year for trees is) the fifteenth (of Shevat).

בְּאַרְבָּעָה פְרָקִים הָעוֹלָם נִדּוֹן, בְּפֶסַח עַל הַתְּבוּאָה, בַּעֲצֶרֶת עַל פֵּרוֹת הָאִילָן, בְּרֹאשׁ הַשָּׁנָה כָּל בָּאֵי הָעוֹלָם עוֹבְרִין לְפָנָיו כִּבְנֵי מָרוֹן, שֶׁנֶּאֱמַר (תהלים לג) הַיּוֹצֵר יַחַד לִבָּם, הַמֵּבִין אֶל כָּל מַעֲשֵׂיהֶם. וּבֶחָג נִדּוֹנִין עַל הַמָּיִם:

The world is judged in four periods: On Pesach, for produce [From the Torah's stating: Bring the omer before Me on Pesach so that I bless the grain in the fields for you, we derive that we are judged for produce on Pesach]; on Shevuoth, for the fruits of the trees [(This is derived) from the Torah's stating: Bring before Me the two breads on Shevuoth so that I bless the fruits of the trees for you. (The wheat plant is called a "tree," viz. (Genesis 2:17): "But from the tree of knowledge, good and evil, etc." This, according to the view that the tree from which Adam ate was a wheat plant.]; on Rosh Hashanah, all who have entered the world pass before Him as sheep, [which are made to pass through a narrow entrance to be tithed, two not being able to pass as one], viz. (Psalms 33:15): "He fashions their hearts as one; He considers all of their deeds." [The intent is: "The Fashioner sees their hearts all together and comprehends all of their deeds. For even though they pass before Him one by one, they are all "comprehended" in one "glance."]; and on Succoth, they are judged for water. [(This is derived from the Torah's stating: Pour water before Me on the festival (of Succoth)].

עַל שִׁשָּׁה חֳדָשִׁים הַשְּׁלוּחִין יוֹצְאִין, עַל נִיסָן מִפְּנֵי הַפֶּסַח, עַל אָב מִפְּנֵי הַתַּעֲנִית, עַל אֱלוּל מִפְּנֵי רֹאשׁ הַשָּׁנָה, עַל תִּשְׁרֵי מִפְּנֵי תַקָּנַת הַמּוֹעֲדוֹת, עַל כִּסְלֵו מִפְּנֵי חֲנֻכָּה, וְעַל אֲדָר מִפְּנֵי הַפּוּרִים. וּכְשֶׁהָיָה בֵית הַמִּקְדָּשׁ קַיָּם, יוֹצְאִין אַף עַל אִיָּר מִפְּנֵי פֶסַח קָטָן:

For six months messengers go out. [When beth-din sanctified the New Moon, they sent out (messengers) to inform the exile which day they had sanctified, whether the thirtieth, so that the month past was defective; or the thirty-first, so that the month past was full. (And the messengers of beth-din may desecrate neither Shabbath nor yom tov.)]: For Nissan, as it affects (the date of) Pesach; for Av, as it affects the fast (of the ninth of Av) [more afflictions having befallen us then than on (the dates of) the other fasts.]; for Elul, as it affects Rosh Hashanah [They apprise us when it is Elul, and Rosh Hashanah is observed on the thirtieth of Elul in the exile. For on most years Elul is not intercalated. And even though there is the possibility that beth-din might intercalate it, they (those in the exile) have no way of knowing this, so that, perforce, they must follow the majority of the years. And if they did not know when Elul began, they would not know its thirtieth day.]; for Tishrei, as it affects proper institution of the festivals. [The messengers go out the day after beth-din sanctified Tishrei, and go as far as they can until the festival, apprising them whether or not beth-din had intercalated Elul, so that they not be apprehensive on Yom Kippur and Succoth (as to whether they are observing them in their proper times)]; for Kislev, as it affects Channukah; and for Adar, as it affects Purim. And when the Temple stood, they would also go out for Iyyar, as it affects "the minor Pesach" [Pesach Sheni].

עַל שְׁנֵי חֳדָשִׁים מְחַלְּלִין אֶת הַשַּׁבָּת, עַל נִיסָן וְעַל תִּשְׁרֵי, שֶׁבָּהֶן הַשְּׁלוּחִין יוֹצְאִין לְסוּרְיָא, וּבָהֶן מְתַקְּנִין אֶת הַמּוֹעֲדוֹת. וּכְשֶׁהָיָה בֵית הַמִּקְדָּשׁ קַיָּם, מְחַלְּלִין אַף עַל כֻּלָּן מִפְּנֵי תַקָּנַת הַקָּרְבָּן:

For (the sanctification of) two months, Nissan and Tishrei, [witnesses who saw the new moon] desecrate the Sabbath [in order to go to apprise beth-din thereof]. For, for them (Nissan and Tishrei) messengers go out to Suria [to apprise the exile of the day of their designation, for which reason they are of special significance. By Torah law, the Sabbath may be desecrated for (the sanctification of) all (of the months); but the rabbis forbade it, for the institution of the festivals (in their proper times) is not dependent upon them. But these two were left in the province of Torah law, for all of the festivals are dependent upon them.] And when the Temple stood, they desecrated the Sabbath for all of them for the sake of the [Rosh Chodesh] offering, [that it be sacrificed in its proper time.]

בֵּין שֶׁנִּרְאָה בַעֲלִיל בֵּין שֶׁלֹּא נִרְאָה בַעֲלִיל, מְחַלְּלִין עָלָיו אֶת הַשַּׁבָּת, רַבִּי יוֹסֵי אוֹמֵר, אִם נִרְאָה בַעֲלִיל, אֵין מְחַלְּלִין עָלָיו אֶת הַשַּׁבָּת:

Whether it (the moon) were seen distinctly, [high above the earth, visible to all] or not seen distinctly, [(if it were) on the horizon and obscured by the redness of the sun, so as not to be plainly visible], the Sabbath is desecrated for it. R. Yossi says: If it were seen distinctly, the Sabbath is not desecrated for it, [for (in that instance) it was certainly seen in Jerusalem. The halachah is not in accordance with R. Yossi.]

מַעֲשֶׂה שֶׁעָבְרוּ יוֹתֵר מֵאַרְבָּעִים זוּג, וְעִכְּבָן רַבִּי עֲקִיבָא בְלוּד. שָׁלַח לוֹ רַבָּן גַּמְלִיאֵל, אִם מְעַכֵּב אַתָּה אֶת הָרַבִּים, נִמְצֵאתָ מַכְשִׁילָן לֶעָתִיד לָבֹא:

Once, more than forty pairs [of witnesses, one after the other,] passed over (to testify to the appearance of the new moon), and R. Akiva stopped them in Lod, [beth-din having no need of them]. R. Gamliel sent to him: "If you stop the many, you will cause them to go astray in the future." [Seeing that their words are not heeded, they will refrain from coming in the future.]

אָב וּבְנוֹ שֶׁרָאוּ אֶת הַחֹדֶשׁ, יֵלְכוּ. לֹא שֶׁמִּצְטָרְפִין זֶה עִם זֶה, אֶלָּא שֶׁאִם יִפָּסֵל אֶחָד מֵהֶן, יִצְטָרֵף הַשֵּׁנִי עִם אַחֵר. רַבִּי שִׁמְעוֹן אוֹמֵר, אָב וּבְנוֹ וְכָל הַקְּרוֹבִין, כְּשֵׁרִין לְעֵדוּת הַחֹדֶשׁ. אָמַר רַבִּי יוֹסֵי, מַעֲשֶׂה בְטוֹבִיָּה הָרוֹפֵא, שֶׁרָאָה אֶת הַחֹדֶשׁ בִּירוּשָׁלַיִם, הוּא וּבְנוֹ וְעַבְדּוֹ מְשֻׁחְרָר, וְקִבְּלוּ הַכֹּהֲנִים אוֹתוֹ וְאֶת בְּנוֹ, וּפָסְלוּ אֶת עַבְדּוֹ. וּכְשֶׁבָּאוּ לִפְנֵי בֵית דִּין, קִבְּלוּ אוֹתוֹ וְאֶת עַבְדּוֹ, וּפָסְלוּ אֶת בְּנוֹ:

A father and his son who saw the new moon should go (to testify). Not that they may combine (as witnesses) with each other, but so that if one of them is invalidated, the second can combine with another. R. Shimon says: A father and his son and all kin are kasher for testifying to the (appearance of the) new moon, [the L-rd having said to Moses and Aaron (Exodus 12:2): "This month is to you, etc.", i.e., This testimony to the (appearance of) the new moon is kasher through you, even though you are brothers. And the rabbis who differ say: "This testimony is to you, etc.", i.e., This testimony is relegated to you, to the great ones of the generation, such as you. The halachah is not in accordance with R. Shimon.] R. Yossi said: Once Tuvia the physician saw the new moon in Jerusalem — he and his son, and his freed bondsman — and the Cohanim accepted him and his son and invalidated his bondsman; and when they came before beth-din, they accepted him and his bondsman and invalidated his son.

אֵלּוּ הֵן הַפְּסוּלִין, הַמְשַׂחֵק בְּקֻבְיָא, וּמַלְוֵי בְרִבִּית, וּמַפְרִיחֵי יוֹנִים, וְסוֹחֲרֵי שְׁבִיעִית, וַעֲבָדִים. זֶה הַכְּלָל, כָּל עֵדוּת שֶׁאֵין הָאִשָּׁה כְשֵׁרָה לָהּ, אַף הֵן אֵינָן כְּשֵׁרִים לָהּ:

These are the ones invalidated (as witnesses by rabbbinic ordinance): those who play with kuvia [bones gambled with in pledge (of imbursement), in violation of the rabbinic dictum that "a surety (asmachta) does not effect acquisition." Those who do so are "robbers" by rabbinic ordinance.], those who lend on interest [They are not "robbers" by Torah law to be invalidated (as witnesses), for it (the interest) is willingly given.], those who race pigeons, [like "kuvia" (above), viz.: "If your pigeon comes in before my pigeon, etc."], those who trade in [produce of] shevi'ith, [of which the Torah writes (Leviticus 25:6): "And it shall be for you to eat" — and not for trade." Because all of these are suspect of readiness to transgress for gain, they are suspected of readiness to testify falsely for a bribe.], and bondsmen [They are invalidated by Torah law, a fortiori from (the instance of) a woman, (who is not kasher to testify).] This is the rule: All testimony that a woman is not kasher for, these, too, are not kasher for. [For there is testimony that a woman is kasher for, e.g., testifying that a woman's husband has died, so that she be permitted to remarry, or testifying that a sotah (a woman suspected of infidelity) was adulterous, so that she not drink (the sotah's draught). And these, who are invalidated by rabbinic ordinance, are also kasher (for such testimony). But those invalidated by Torah law because of transgression were not deemed kasher by the sages for the testimony that a woman may give.]

מִי שֶׁרָאָה אֶת הַחֹדֶשׁ וְאֵינוֹ יָכוֹל לְהַלֵּךְ, מוֹלִיכִין אוֹתוֹ עַל הַחֲמוֹר, אֲפִלּוּ בְמִטָּה. וְאִם צוֹדֶה לָהֶם, לוֹקְחִין בְּיָדָם מַקְּלוֹת. וְאִם הָיְתָה דֶרֶךְ רְחוֹקָה, לוֹקְחִין בְּיָדָם מְזוֹנוֹת, שֶׁעַל מַהֲלַךְ לַיְלָה וָיוֹם מְחַלְּלִין אֶת הַשַּׁבָּת וְיוֹצְאִין לְעֵדוּת הַחֹדֶשׁ, שֶׁנֶּאֱמַר (ויקרא כג), אֵלֶּה מוֹעֲדֵי ה' אֲשֶׁר תִּקְרְאוּ אוֹתָם בְּמוֹעֲדָם:

If one saw the new moon and could not walk (to beth-din), he may be taken on an ass (on the Sabbath), even in bed. And if they (highwaymen) are lying in wait (tzodeh) for them, [as in (I Samuel 24:11): "And you tzodeh my life to take it"], they may take clubs with them. And if it were a long way, they may take food with them. For, for a night and day journey one goes out to testify to (the appearance of) the new moon, it being written (Leviticus 23:4): "These are the appointed times of the L-rd … which you shall call in their proper times." [Wherever "appointed time in its proper time" is written, it overrides the Sabbath.]