פירוש על ראש השנה 4:4

ונתקלקלו הלוים בשיר – of the daily offering of the time between the beginning of the decline of the sun and sunset (i.e., at 3:30 pm), and they did not recite the Song at all, because most times, the witnesses would come before Minhah; therefore, they ordained the Song of Yom Tov with the daily offering of the time between the beginning of the decline of the sun and sunset. And regarding the daily offering of the morning, where most of the time, the witnesses have not [yet] come and they did not know if the day would be sanctified or not, they did not ordain the Song/Psalm of Yom Tov, but rather the Song/Psalm of the weekday would be recited. And at the same time, when the time arrived for the offering of the daily offering of the time between the beginning of the decline of the sun and sunset, and the witnesses had not yet come, and the Levites did not know if they should say the weekday Song/Psalm or the Song/Psalm for Yom Tov, and they did not say a Song/Psalm at all.

Introduction There are two more decrees mentioned in this mishnah, both which have to do with the testimony concerning the new month.

נוהגין אותו היום קודש – that when it became dark on the night after the twenty-nineth of Elul, they had the practice of [making it] holy, lest witnesses should come tomorrow and that the Jewish court would sanctify it and it be found that this was in the nighttime of the night of Yom Tov, and similarly, regarding the next day, all day long until Minhah. But if the witnesses came close to Minhah, the Jewish court would sanctify the [New] Month and it would known that they acted well [regarding it] by declaring it holy. And if the witnesses came from Minhah onwards, even though the Jewish court does not sanctify it today (i.e., Rosh Hashanah), they would intercalate Elul and sanctify it for the morrow. Nevertheless, we treat it with holiness and it is prohibited to [do] work, lest perhaps they would disregard it the next year and do work on it all day. And they would say: Last year, we treated it as holy for no reason, and from Minhah and beyond, we returned and treated it like a weekday.

Originally they used to accept testimony with regard to the new moon during the whole day. Originally, it didn’t matter when during the day the witnesses came to testify that they had seen the new moon there testimony was always accepted.

שאפילו ראש ב"ד בכל מקום – for it was necessary for him to separate from the place of the scholar’s meeting place to another place, and the essence of he Mitzvah of [Sanctification] of the Month is dependent upon him, as it is taught in the Mishnah [in Chapter Two, Mishnah 7] above that he as head of the Jewish court says, “It is sanctified.” Nevertheless, it was not necessary for the witnesses to walk after him other than to the place of the scholar’s meeting place, where the Sanhedrin would sit, they should go, and the Sanhedrin would sanctify it without the Head of the Jewish court.

On one occasion the witnesses were late in arriving, and the Levites went wrong in the daily hymn. The problem with accepting witnesses all day is that when witnesses successfully testify they turn the current day into Rosh Hodesh, or in the case of Tishri, Rosh Hashanah. If they come late in the day, it may be difficult to correctly observe the special Rosh Hodesh rituals because time is simply running. The mishnah relates that this happened one time. The witnesses came late in the day and the Levites in the Temple sang the wrong Psalm. The Levites would sing a Psalm while the Tamid (Daily) sacrifice was being offered. There was a different song depending on whether it was a regular day or whether it was Rosh Hodesh. In the morning they sang the regular Psalm for that day, and then because the witnesses hadn’t yet come they sang the same Psalm for the afternoon Tamid. When the witnesses came, it turned out that they never sang the correct Psalm.

They therefore decreed that testimony should be accepted only until the afternoon [sacrifice]. They therefore decreed that the testimony of the witnesses would only be accepted until minhah time, which was the time when they would offer the tamid sacrifice (see Pesahim 5:1).

If witnesses came after the afternoon sacrifice that day should be kept as holy and also the next day. This section refers to Rosh Hashanah, which is not only Rosh Hodesh but also a sacred holiday. On Rosh Hashanah they would observe the thirtieth day of the previous month as a holiday meaning they wouldn’t work. If witnesses came before minhah, then that day would count as Rosh Hashanah, and the next day would not be Rosh Hashanah. If they came later than minhah, then that day would not have counted as Rosh Hashanah (even though they already refrained from work) and the following day will be observed as Rosh Hashanah. This is the origins of the custom to observe Rosh Hashanah for two days.

After the destruction of the temple Rabban Yohanan ben Zakkai decreed that testimony with regard to the new moon should be received during the whole day. After the destruction of the Temple there was no more need to worry about the Levites singing the wrong song. Therefore, Rabban Yohanan ben Zakkai restored the rule to its original state, and allowed the acceptance of testimony for the entire day.

Rabbi Joshua ben Korha said: this further did Rabbi Yohanan ben Zakkai decree, that not matter where the head of the court might be, the witnesses should have to go only to the place of the assembly. According to Rabbi Joshua ben Korcha there was yet another decree made by Rabban Yohanan ben Zakkai. Rabban Yohanan ben Zakkai decreed that when the witnesses came to testify all they had to do was come to the place of assembly, which is where the court sat. They did not have to chase after the head of the court if he was in another place. This decree seems to be another way of saying that the authority of the court is determinative and not the individual authority of its leader.