Komentarz do Rosz ha-Szana 3:15

ראוהו בית דין וכל ישראל – on the night of the thirtieth, for you might think I should say that since the Jewish court and the enter Jewish people saw him, it became revealed that on the thirtieth day, it (i.e., the New Moon) appeared to be sanctified. This tells us that if it got dark and the night of the thirty-first arrived and the Jewish court had not said that it was sanctified, we intercalate the month and establish Rosh to be on the thirty-first day.

Introduction Although this is the first mishnah of a new chapter, it is really the last mishnah to deal with the sanctification of the new month. It contains a few final rules governing how the court decides that the new month should be declared.

נחקרו העדים – this is how it should be understood. Alternatively, only the witnesses were examined but there was insufficient time for them to state that it (i.e., the New Month), was sanctified until the night of the thirty-first arrived, and we intercalate the month. For you might think I should say, that the examination of the witnesses should come at the beginning of the legal proceedings, and [the announcing] of “it is sanctified, it is sanctified” should be like the conclusion of the legal proceedings. For the conclusion of the deliberations should be at night and we should sanctify it at night. This comes to teach us that it is not so, for we do not sanctify the [New] Month at night. But however, if on the night of the thirtieth, they (i.e., the witnesses) saw the moon with the setting of the sun, and there is a delay in the day to state that it is sanctified prior to the appearance of the stars, we sanctify it, for it is not considered nighttime until the appearance of the stars.

If the court and all of Israel saw it, if the witnesses were examined and there was no time left to say “Sanctified” before it grew dark, then the month is impregnated (it has thirty. In this case, it was abundantly clear that the new month had arrived, but the court was not able to convene and sanctify it before it grew dark and the thirtieth day of the previous month was over. The mishnah rules that since the court did not have time to declare the new month sanctified, it is not sanctified and Rosh Hodesh will have to wait for the next day. We should note that again we see here the ideology that the court, that is humans, are what create the reality of the new month, and not the astronomical phenomenon itself.

יעמדו שמים ויעידו – Our Mishnah is speaking about a case such as where the Jewish court saw it (i.e., the New Moon) at night on the night of the thirtieth, and it is impossible to sanctify the moon at night. Therefore, the next day, two [witnesses] would stand up and testify, for if not for the testimony of these [two], on what would then sanctify? But if the Jewish court saw it (i.e., the New Moon) with sunset at the time when there was a delay to state, “it is sanctified,” they should sanctify through their observation, and that the hearing that they hear from witnesses would not be greater than seeing, for concerning the Sanctification of the Moon, it is not written “testimony/"עדות" , but like this, they saw and sanctified.

If the court alone saw it, two of them should stand up and testify before them, and then they can say, “Sanctified, sanctified.” If the members of the court themselves were the only ones who saw the new moon, then those who saw the new moon should testify in front of the others (at least three others) that the new moon had been sanctified, and then the court may declare, “Sanctified, sanctified.”

יעמדו שנים – on the morrow when they come to state, “it is sanctified.”

If three people saw it, and they [themselves] are the court, two [of them] should stand up and they should seat some of their colleagues with the one [remaining judge], and they [the two] should testify before them and they can then say, “Sanctified, sanctified.” For an individual is not trusted [to sanctify the new month] by himself. Here, only three people see the new moon, and they themselves are the court that is supposed to declare that it is sanctified. Since the same people that function as witnesses cannot function as judges, two of them must find two other people to take their place as judges and then they may testify that they saw the new moon. The mishnah concludes by noting that one person cannot serve as the sole decision maker with regard to the declaration of the new month.

ויושיבו מחבריהם אצל היחיד – And even though an individual who is an expert can judge even on his own, the Sanctification of the [New] Moon is not [done] by a [sole] individual., For there is no one recognized by the public as an expert judge (see Talmud Rosh Hashanah 25b) besides Moses our Teacher, and yet the All-Merciful says to him [only after] Aaron is with him, as it is written (Exodus 12:1-2): “The LORD said to Moses and Aaron [in the land of Egypt]: This month shall mark for you [the beginning of months]…..”

שהוא קרן – and it is not called a Shofar, as it is written (Deuteronomy 33:17): “Like the firstling bull in his majesty, he has horns like the horns of a wild ox; [with them he gores the peoples…].” But regarding the Shofar, it is written (Leviticus 25:9): “Then you shall sound the horn loud…” And we learn Rosh Hashanah from the Jubilee [year].

Introduction This mishnah opens the second half of tractate Rosh Hashanah, which deals mostly with the laws of the shofar and the shofar blasts, as well as the special mussaf prayers for Rosh Hashanah. In this mishnah rabbis debate what animals’ horns may be used for the shofar

בקרן היובל – the ram is male, as Rabbi Akiba said: When I walked to Galacia (Talmud Rosh Hashanah 26a), they called the male a ram, so we see that even a Shofar of a ram is called קרן /horn, and the Rabbis state that all the Shofars are called קרן/horn, and are called Shofar, except for a cow, it is called a horn, but not a Shofar, and the Halakha is according to the Sages.

All shofars may be used except for that of a cow, because it is a keren. According to the first opinion, all shofars can be used on Rosh Hashanah expect for the horn of a cow, because the horn of a cow is not called a shofar but rather a keren, which is a Hebrew word for horn. The reason that we require a horn called a shofar is that Leviticus 25:9 uses the word shofar in connection with Yom Kippur of the Jubilee year, and the rabbis say that this shofar is the paradigm for the shofar of Rosh Hashanah. The types of shofar that can be used are specifically that of a ram (an ayil in Hebrew), which is usually bent, and that of an ibex (a yael in Hebrew), which is straight.

Rabbi Yose said: Are not all shofars called keren as it says, “When they make a long blast with the ram’s keren [horn]?” (Isaiah 6:5). Rabbi Yose points out that the horn of a ram is also called a keren, as proven from the quote from Isaiah. And if a ram’s horn can be used even though it is called a keren, why can’t the horn of a cow be used? The other rabbis don’t respond to Rabbi Yose in the mishnah. The Talmud, however does provide their reponse. The rabbis respond to Rabbi Yose that all horns of animals are called both keren and shofar, whereas that of a cow is called only keren. This means that in order for a horn to be used it has to be called a shofar but not necessarily exclusively.

של יעל פשוט – since for the prayer/Amidah, we require straight horns [of the mountain goat]

Introduction This mishnah discusses the shofar used on Rosh Hashanah.

The shofar used on Rosh Hashanah was that of an ibex, straight, and its mouth was overlaid with gold. According to the mishnah, the shofar used on Rosh Hashanah should be from the horn of an ibex. The Talmud explains that the straightness or simplicity of the shofar is symbolic of the straightness of a person’s prayers. In the Talmud Rabbi Judah disagrees with this mishnah and says that one should use the bent horn of a ram, symbolic of how a person bends down in humility before God. The Rambam points out that the horn of the ram also reminds us on Rosh Hashanah of the sacrifice of Isaac, when Isaac was eventually replaced by a ram. The mouthpiece of the shofar was overlaid with gold. According to the Talmud, this relates to the shofar that was blown in the Temple. Covering the mouthpiece of the shofar is no longer allowed.

שופר מאריך – after the trumpets stop their Tekiot, the sound of the Shofar is heard.

There were two trumpets, one on each side of it. The shofar gave a long blast and the trumpets a short one, since the commandment of the day was with the shofar. The idea that there were trumpets accompanying the shofar is expressed also in Psalms 98:6, “With trumpets and the sound of a shofar you shall make blasts before God the King.” Again, the Talmud relates that this was done only in the Talmud. Priority was given to the sounds of the shofar over those made by the trumpets.

בשל זכרים – rams

Introduction This mishnah deals with the shofar and trumpet blasts that are sounded on public fast days. These were fast days that were declared when Israel experienced distress, mostly the distress of not having enough rain. Tractate Taanit, the next tractate which we shall learn, is dedicated to this subject.

ושתי חצוצרות באמצע – they had two Shofarot, one on the one side and one on the other and trumpets in the middle.

On [public] fast days they used shofars of rams, curved, the mouths of which were covered with silver, and there were two trumpets in between them. The basic function of this mishnah is to distinguish the Rosh Hashanah ritual, described in yesterday’s mishnah, with the public fast day ritual described here. This distinction was probably created and then emphasized in the Mishnah in order to preserve the integrity of both occasions. On public fast days the shofar was made from a ram’s horn, which was curved and instead of its mouth being covered with gold, it was covered with silver. On Rosh Hashanah the trumpets were on the outside, whereas on public fast days they were in between the shofars.

שמצות היום בחצוצרות- for a mere fast is for the troubles of the community, and it is written (Numbers 10:9): “[When you are at war in your land] against an aggressor who attacks you, you shall sound short blasts on the trumpets, [that you may be remembered before the LORD your God and delivered from your enemies],” and specifically in the Temple they do this, but in the country (i.e., outside of the Temple) at the time when there is a Shofar, there are no trumpets, and when there are trumpets, there is no Shofar, as it is written (Psalms 98:6): “With trumpets and the blast of the horn, raise a shout before the LORD, the King;” “Before the Lord, the King” – yes; but not before the LORD, the King, no.

A short blast was made with the shofars and a long one with the trumpets, because the mitzvah of the day is with trumpets. This section again offers a distinction between the Rosh Hashanah practice and the public fast practice. On Rosh Hashanah the mitzvah is with the shofar so its blasts are longer. On the public fast day the mitzvah is with the trumpets, so their blasts are longer. This is derived from Numbers 10:9 according to which the Israelites should blast trumpets when going out to war. From here the rabbis derive that in all cases of public distress, they should sound blasts with trumpets.

שוה היובל לה"ה לתקיעה – With straight horns, for event though the Tekiah on the Jubilee [year] is not for prayer nor for remembrance, but rather as a sign to sending slaves [free] and the return of the fields to their owners, and even so, we it is required something like Rosh Hashanah, for we learn through an analogy from [the words] שביעי שביעי/seventh, seventh (see Leviticus 23:24: “…in the seventh month, on the first day of the month [you shall observe complete rest], a sacred occasion commemorated with loud blasts; and Leviticus 25:9: “Then you shall sound the horn loud, in the seventh month, on the tenth day of the month – the Day of Atonement – you shall have the horn sounded throughout your land.”) – that all of the soundings of he Shofar in the seventh month shall be similar one to another. Another commentary: לתקיעה – the number of Shofar sounds. ולברכות – to the number of blessings, that it is required to state Malkhuyot, Zikhronot and Shofarot on Yom Kippur of the Jubilee [year] just like on Rosh Hashanah.

Introduction Leviticus 25:8-16 deals with the Jubilee year, the fiftieth year after seven cycles of seven years. Verse 9 states, “Then you shall sound the horn loud; in the seventh month, on the tenth day of the month the Day of Atonement you shall have the horn sounded throughout your land.” Our mishnah deals with the rituals of this day which begins the Jubilee year.

רבי יהודה אומר וכו' – The Halakha is not like Rabbi Yehuda nor is it like the First Tanna, but the Halalkha, whether on Rosh Hashanah, whether on Yom Kippur of the Jubilee year, both are with [horns] from male [rams] that are bent.

The Jubilee is the same as Rosh Hashanah when it comes to blowing [the shofar] and blessings. According to the first opinion, the laws of blowing the shofar and the recitation of blessings are the same for the Jubilee year as they are for Rosh Hashanah of every year. The blessings referred to here are the special blessings recited as part of the Mussaf Amidah. We will learn more about these blessings in chapter four.

Rabbi Judah says: on Rosh Hashanah they blow with [a shofar of] rams and on Jubilees with [a shofar] of ibex. Rabbi Judah says that different animals’ horns are used for the two shofars. The one for Rosh Hashanah is that of a ram, whereas on the Jubilee they use the horn of an ibex. We should note that Rabbi Judah disagrees with the opinion in mishnah three above, according to which on Rosh Hashanah we use the horn of an ibex.

שופר שנסדק ודבקו – with glue

Introduction This mishnah deals with the physical wholeness of the shofar. It teaches what flaws in the shofar render it invalid.

פסול – for it is like two ram’s horns/Shofarot, and these words [refer to] split length-wise, but if it was split width-wise, if there remains from the place where one places one’s mouth until the place of the split in order that it be like the measure of a Tekiah, it is valid; but if not, it is invalid. And how much is the measurement of a Tekivah? In order that one can hold it in his hand see it from this [side] to the other [side].

A shofar which has split and then he stuck it together is not valid. According to the Talmud, this refers to a shofar which has split lengthwise. One cannot use it by gluing it back together. This is either because the shofar won’t sound good, or because air will inevitably escape not only from the end but from the sides as well.

If he stuck together fragments of shofars, it is not valid. In this case, someone tries to glue together pieces of a broken shofar to make one whole one. This doesn’t work for the same reasons it doesn’t work to glue together one shofar.

ניקב וסתמו – specifically if he closed it up with its own kind, and the rest of it remained whole and holes which were stopped up did not present the Tekiah [from being sounded], it is fit, and if it is missing one of these conditions, it is invalid.

If there was a hole in a shofar and he closed it up, if it interferes with the blowing it is not valid, but if it does not it is valid. In this case the shofar was not cracked, as was the shofar in yesterday’s mishnah, but just had a hole in it. If after he patches it up the shofar sounds okay, then it may be used. If not, it may not be used. Others explain that the words “if it interferes with the blowing” refer to before the hole is closed. If the hole prevents the sound before it is patched up, he may not use the shofar even after it has been patched up.

בור – pit in the ground

Introduction This mishnah teaches two halakhot: 1) one must hear the sound of the shofar and not an echo of the sound of the shofar; 2) when hearing the shofar one must have intention to hear it for the sake of the fulfillment of the commandment. The mishnah illustrates cases where one may have heard a shofar blast and nevertheless not fulfilled his obligation

דות – a place surrounded by barriers on the ground.

One who blows into a pit or a cistern or a jug, if he heard the sound of the shofar, he has fulfilled his obligation, but if he hears the echo [also], he has not fulfilled his obligation. Here someone blows a shofar into an echo-producing chamber, such as a pit, a cistern or a jug. The mishnah rules that in order to fulfill his obligation he must be sure that he heard the sound of the shofar and not the echo of the sound of the shofar. There is a geonic commentary on this mishnah, according to which the mishnah refers to a time of persecution when the Romans outlawed the public observance of commandments. They hid their shofar blasts to avoid the authorities.

פיטם – a large earthenware utensil

And also one who was passing behind a synagogue or if his house was next to the synagogue and he heard the sound of the shofar or of the megillah [being read], if he directed his heart (had, then he has fulfilled his obligation, but if not he has not fulfilled his obligation. Even though this one heard and this one heard, this one directed his heart and this one did not. This section teaches that when hearing the shofar on Rosh Hashanah, or Megillat Esther on Purim, one must have the intention of hearing them in order to fulfill the commandment. A person might be walking behind a synagogue and hear them blow the shofar and then think to himself, “Great, I’ve just fulfilled my commandment” (and no need to go to shul today!). The mishnah rules that the act of hearing the shofar is not sufficient. One must have the intention to hear in the fulfillment of a commandment. The final section of the mishnah notes how strongly this commandment is connected to intention both the one who walked behind the synagogue and the one who actually went to the synagogue heard the same exact thing, yet one has fulfilled his obligation and one has not. Tomorrow’s mishnah will contain the central rabbinic statement as to the role that intention plays in halakhah.

אם קול שופר שמע – he who stands outside the pit, and heard the sound of the Tekiah of the person sounding the Shofar in the put, for those who were in the pit, always fulfill their religious obligation, for they always hear the sound of the Shofar.

אם כיון לבו – to fulfill [their religious obligation]

יצא – and even though they the person sounding the Shofar did not intend to fulfill [his religious obligation], here we are speaking of the Cantor of the synagogue who sounds the Shofar that he intends to fulfill [the religious obligation] of all those who hear the sound of his Tekiah. Therefore, even though that he did not intend to fulfill [the religious obligation] of this [person] who passes the back of the synagogue and did not know of him, he has fulfilled [his religious obligation]. But the person who sounds the Shofar to fulfill an individual’s religious obligation, we require that the listener and the person who causes to hear (that blows) have the intention [to perform a religious act] (see Talmud Rosh Hashanah 28b).

והיה כאשר ירים משה ידו וכו' – since we were speaking above (Mishnah 7) about the intention of the heart, [the Mishnah] teaches this that has at the time when they have the religious intention (literally: “direct their hearts”) to their Father that is in heaven, they would be victorious.

Introduction In yesterday’s mishnah we learned that for one to fulfill one’s obligation of hearing the shofar, one must have the proper intention. The first section of today’s mishnah provides an essential statement with regard to ritual and intention. While ritual plays an extremely important role in Judaism, it is nevertheless considered only an external sign of internal intention and conviction. The Mishnah brings up several cases in the Torah where Moses seems to perform a magical ritual that aids Israel. The rabbis understand the magic to be a means to evoke intention and reflection upon God, and not to be a ritual that works regardless of the inner emotions and thoughts of the people of Israel. The second section of the mishnah teaches that those who cannot legally have intention, meaning the law considers them unable to have such thoughts concerning the fulfillment of commandments, cannot aid others in fulfilling their obligation to hear the shofar.

“And it came to pass, when Moses held up his hand Israel prevailed” etc. (Exodus 17:1. Did the hands of Moses wage war or break [Israel’s ability] to wage war? Rather this teaches that as long as Israel would look upwards and subject their hearts to their Father in heaven they prevailed, and if not they fell. The stories and the lessons of this mishnah are taught quite straightforwardly. Moses’s raising of his hands does not itself cause Israel to conquer Amalek and when his lowering of his hands does not itself cause the Israelites to lose. Their success and failure in war is a function of their belief in God and their subjecting themselves to God. We might note that Moses’s hands are held up high, causing Israel to look up at them. This is intended to cause Israel to think about God, who dwells in Heaven. It might be no accident that the rabbis choose this example and the next to illustrate their attitude towards ritual and intention.

Similarly, “Make for yourself a fiery serpent and mount it on a pole. And if anyone who is bitten shall look at it, he shall live” (Numbers 21:8). Did the serpent kill or did the serpent keep alive? Rather, when Israel would look upwards and subject their hearts to their Father in heaven, they were healed, and if not their [flesh] would melt away. The copper serpent (in Hebrew “seraph”, a word whose meaning is somewhat uncertain) is not a magical charm healing Israel from the wounds of the serpents sent by God to attack them as a punishment for their constant complaining. Rather the serpent is symbolic again of God it causes Israel to look up and to direct their hearts to God. Only by having the right intention can Israel be healed.

A deaf-mute, a lunatic and a minor cannot cause others to fulfill their religious obligation. This is the general principle: one who is not himself obligated in the matter cannot perform it on behalf of others. According to rabbinic law, deaf-mutes, lunatics and minors are not in full control of their mental faculties, and hence cannot have proper “intention.” This causes them to be exempt from the performance of commandments that require intention, such as the hearing of the shofar. Since they themselves are not obligated to blow the shofar, they cannot blow the shofar in order for others to hear and thereby fulfill their obligation. This is true in all cases a person who is not obligated to perform a commandment cannot himself perform that commandment on behalf of others. One must be personally obligated in order to fulfill the more communal role of fulfilling a mitzvah for other people.