Rosh Hashanah 3

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."]

כָּל הַשּׁוֹפָרוֹת כְּשֵׁרִין חוּץ מִשֶּׁל פָּרָה, מִפְּנֵי שֶׁהוּא קֶרֶן. אָמַר רַבִּי יוֹסֵי, וַהֲלֹא כָל הַשּׁוֹפָרוֹת נִקְרְאוּ קֶרֶן, שֶׁנֶּאֱמַר (יהושע ו), בִּמְשֹׁךְ בְּקֶרֶן הַיּוֹבֵל:

All shofroth are kasher except for that of a bullock, it being called a "horn" [and not a "shofar," viz. (Deuteronomy 33:17): "The firstling of his bullock; grandeur is his; and the horns of a wild ox are his horns" — whereas in respect to Rosh Hashanah, "shofar" is written, viz. (in respect to the Jubilee) (Leviticus 25:9): "And you shall cause to pass a shofar of teruah," and (the shofar of) Rosh Hashanah is derived from that of the Jubilee.] R. Yossi demurred: "Are not all shofroth called horns, viz. (Joshua 6:5): 'When they blow on the horn of the yovel'?" [And "yovel" is a ram. As R. Akiva said: When I went to Gaul, they called a ram "yuvla." We see, then, that even the shofar of a ram is called a horn. And the rabbis counter: All shofroth are called both "horn" and "shofar," whereas the horn of an ox is called "horn," but not shofar. The halachah is in accordance with the sages.]

שׁוֹפָר שֶׁל רֹאשׁ הַשָּׁנָה שֶׁל יָעֵל, פָּשׁוּט, וּפִיו מְצֻפֶּה זָהָב, וּשְׁתֵּי חֲצוֹצְרוֹת מִן הַצְּדָדִין. שׁוֹפָר מַאֲרִיךְ וַחֲצוֹצְרוֹת מְקַצְּרוֹת, שֶׁמִּצְוַת הַיּוֹם בַּשּׁוֹפָר:

The shofar of Rosh Hashanah is of a yael (a mountain-goat), straight (not curved), [for prayer requires simplicity]; and its mouth [that of the Temple shofar] was covered with gold. And there were two trumpets at the sides (of the shofar). The shofar (sound) was drawn out, and the trumpets, short [After the trumpets left off, the sound of the shofar was heard]; for the mitzvah of the day is with the shofar.

בַּתַּעֲנִיּוֹת, בְּשֶׁל זְכָרִים, כְּפוּפִין, וּפִיהֶן מְצֻפֶּה כֶסֶף, וּשְׁתֵּי חֲצוֹצְרוֹת בָּאֶמְצַע. שׁוֹפָר מְקַצֵּר וַחֲצוֹצְרוֹת מַאֲרִיכוֹת, שֶׁמִּצְוַת הַיּוֹם בַּחֲצוֹצְרוֹת:

(The shofroth) of fast days are of rams, bent, and their mouths covered with silver, and two trumpets in the middle. [There were two shofroth, one on each side, and trumpets in the middle.] The shofar (sound) was short, and the trumpets, drawn out; for the mitzvah of the day is with trumpets. [A fast day, generally, is for communal affliction, and it is written in that regard (Numbers 10:9): "… against the oppressor that oppresses you, then you shall sound the trumpets." And it is only in the Temple that this is done, but outside the Temple, when there is a shofar, there are no trumpets; and when there are trumpets, there is no shofar, it being written (Psalms 98:6): "With trumpets and the sound of the shofar, sound forth before the King, the L-rd" — "before the King, the Lord" (i.e., in the Temple), do so; not "before the King, the L-rd," do not do so.]

שָׁוֶה הַיּוֹבֵל לְרֹאשׁ הַשָּׁנָה לַתְּקִיעָה וְלַבְּרָכוֹת. רַבִּי יְהוּדָה אוֹמֵר, בְּרֹאשׁ הַשָּׁנָה תּוֹקְעִין בְּשֶׁל זְכָרִים, וּבַיּוֹבְלוֹת בְּשֶׁל יְעֵלִים:

The Jubilee year is similar to Rosh Hashanah in respect to blowing [straight shofroth. And even though blowing on the Jubilee is neither for prayer nor for remembrance, but to signal the emancipation of bondsmen and the reversion of fields to their (original) owners, still, it (the blowing) must be like that of Rosh Hashanah, this being derived by identity: "seventh"-'seventh," that all the blowings of the seventh month be alike. Another interpretation: "in respect to blowing" — in respect to the number of the (shofar) blowings], and in respect to blessings, [malchiyoth, zichronoth, and shofroth (4:5) being recited on Yom Kippur of the Jubilee as they are on Rosh Hashanah.] R. Yehudah says: On Rosh Hashanah we blow with (shofroth) of rams, and, on Jubilee, of ye'elim. [The halachah is neither in accordance with R. Yehudah nor with the first tanna; but the halachah is that both on Rosh Hashanah and on the Yom Kippur of the Jubilee, we blow with the bent shofroth of rams.]

שׁוֹפָר שֶׁנִּסְדַּק וְדִבְּקוֹ, פָּסוּל. דִּבֵּק שִׁבְרֵי שׁוֹפָרוֹת, פָּסוּל. נִקַּב וּסְתָמוֹ, אִם מְעַכֵּב אֶת הַתְּקִיעָה, פָּסוּל. וְאִם לָאו, כָּשֵׁר:

If a shofar split, and it were glued together, it is pasul (unfit), [being like two shofroth. This, if it were split along its length. But if it were split in its width — if there remained from the mouth site until the place of the split enough (intact shofar) for blowing, it is kasher; if not, it is pasul. And how much is the amount required for blowing? (Enough intact shofar) so that if he holds it in his hand it is visible on either side.] If he glued together pieces of shofroth, it is pasul. If it were punctured and he closed it — if the blowing is impeded, it is pasul; if not, it is kasher. [This, only if he closed it with its own matter, if most of it were whole, and if the filled punctures did not impede the blowing. But if one of these conditions is lacking, it is pasul.]

הַתּוֹקֵעַ לְתוֹךְ הַבּוֹר אוֹ לְתוֹךְ הַדּוּת אוֹ לְתוֹךְ הַפִּטָּס, אִם קוֹל שׁוֹפָר שָׁמַע, יָצָא. וְאִם קוֹל הֲבָרָה שָׁמַע, לֹא יָצָא. וְכֵן מִי שֶׁהָיָה עוֹבֵר אֲחוֹרֵי בֵית הַכְּנֶסֶת, אוֹ שֶׁהָיָה בֵיתוֹ סָמוּךְ לְבֵית הַכְּנֶסֶת, וְשָׁמַע קוֹל שׁוֹפָר אוֹ קוֹל מְגִלָּה, אִם כִּוֵּן לִבּוֹ, יָצָא, וְאִם לָאו, לֹא יָצָא. אַף עַל פִּי שֶׁזֶּה שָׁמַע וְזֶה שָׁמַע, זֶה כִּוֵּן לִבּוֹ וְזֶה לֹא כִוֵּן לִבּוֹ:

If one blows into a hole [in the ground], or into a duth [a place surrounded by partitions on the ground], or into a pitam [a large earthen vessel] — if he heard the sound of the shofar, he has fulfilled his obligation [i.e., if one standing outside the hole heard the sound of the shofar blown in the hole (for those in the hole always satisfy their obligation, always hearing the sound of the shofar)]; if he heard a reverberation, he has not fulfilled his obligation. Similarly, if one passed behind the house of prayer or if his house were close to the house of prayer and he heard the sound of the shofar or the reading of the Megillah — if he had intent [to fulfill his obligation], he fulfills it; if not, he does not fulfill it. [And even though the shofar blower does not have him in mind towards the fulfilling of his obligation, we are speaking here of the sexton of the house of prayer, who has in mind all who hear him towards the fulfilling of their obligation. Therefore, even though he did not have this passerby specifically in mind and was unaware of him, he fulfills his obligation. But if one blows the shofar so that an individual fulfill his obligation, each must have the (respectively) appropriate intent.] Even though this one heard and that one heard, this one had intent and the other did not have intent.

וְהָיָה כַּאֲשֶׁר יָרִים משֶׁה יָדוֹ וְגָבַר יִשְׂרָאֵל וְגוֹ' (שמות יז), וְכִי יָדָיו שֶׁל משֶׁה עוֹשׂוֹת מִלְחָמָה אוֹ שׁוֹבְרוֹת מִלְחָמָה. אֶלָּא לוֹמַר לְךָ, כָּל זְמַן שֶׁהָיוּ יִשְׂרָאֵל מִסְתַּכְּלִים כְּלַפֵּי מַעְלָה וּמְשַׁעְבְּדִין אֶת לִבָּם לַאֲבִיהֶם שֶׁבַּשָּׁמַיִם הָיוּ מִתְגַּבְּרִים. וְאִם לָאו, הָיוּ נוֹפְלִין. כַּיּוֹצֵא בַדָּבָר אַתָּה אוֹמֵר (במדבר כא), עֲשֵׂה לְךָ שָׂרָף וְשִׂים אֹתוֹ עַל נֵס, וְהָיָה כָּל הַנָּשׁוּךְ וְרָאָה אֹתוֹ וָחָי. וְכִי נָחָשׁ מֵמִית, אוֹ נָחָשׁ מְחַיֶּה. אֶלָּא, בִּזְמַן שֶׁיִּשְׂרָאֵל מִסְתַּכְּלִין כְּלַפֵּי מַעְלָה וּמְשַׁעְבְּדִין אֶת לִבָּם לַאֲבִיהֶן שֶׁבַּשָּׁמַיִם, הָיוּ מִתְרַפְּאִים, וְאִם לָאו, הָיוּ נִמּוֹקִים. חֵרֵשׁ, שׁוֹטֶה, וְקָטָן, אֵין מוֹצִיאִין אֶת הָרַבִּים יְדֵי חוֹבָתָן. זֶה הַכְּלָל, כֹּל שֶׁאֵינוֹ מְחֻיָּב בַּדָּבָר, אֵינוֹ מוֹצִיא אֶת הָרַבִּים יְדֵי חוֹבָתָן:

(Exodus 17:11): "And it was, when Moses lifted his hand, that Israel prevailed, etc." [Because the role of intent is discussed above, it is taught here that when one directs his heart to his Father in heaven, he prevails.] Now was it Moses' hand that made war or halted war? The intent is, rather, that so long as Israel looked on high and devoted their hearts to their Father in heaven, they were victorious; failing this, they were defeated. A parallel instance (Numbers 21:8): "Make for yourself a fiery serpent, and place it upon a pole; and it shall be, all who are bitten shall see it and live." Now does a serpent wield the power of life and death? The intent is, rather, that when Israel looked on High and devoted their hearts to their Father in heaven, they were healed; failing this, they were quashed. A deaf-mute, an imbecile, and a minor cannot effect the fulfilling of the obligation of the many. This is the rule: Whoever is not obligated in something himself cannot effect the fulfilling of the obligation of the many (therein).