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ארבעה ראשי שנים הן. למלכים – [Regarding] Israelite kings, we count for them from Nisan, for if King ruled [in the month of] Shevat or Adar, when Nisan arrived, he completed for himself one year and we begin to count the second year. And we derive this from Scripture from Nisan we count this for them, as it is written (I Kings 6:1): “In the four hundred and eightieth year after the Israelites left the land of Egypt, in the month of Ziv – that is, the second month – in the fourth year of his reign over Israel, Solomon [began to build the House of the LORD].” [The Rabbis] make an analogy between Kingdom of Solomon and the Exodus from Egypt. Just as [concerning] the Exodus from Egypt, we count it from Nisan, so too for the Kingdom of Solomon we count it from Nisan. And for the kings of the nations of the world, we count from Tishrei, and that is as it is taught in the Mishnah further along, that “the first of Tishrei is the first day for years, that is for the years of the kings of the world. And we derive from it, that since we are accustomed to count the time of documents by the years of the king from the year that he stood in [rule] because of the peace of the kingdom, for if the king stood in Adar and the scribe wrote for him [a document] in the Nisan of after thirteen months, Nisan of the second year, since that Nisan is the New Year of the Kings, it would be an antedated note and ineligible [for use], because this Nisan would be of the third year. And antedated notes of indebtedness are ineligible [for use], for it is found that he would be seizing sold property unlawfully, that they took the field from the borrower whether from the time of the document until the time of loan, which is not according to the law, for the sale had preceded the loan. Therefore, they fined him to lose also from the time of the loan onwards and he may not collect from mortgaged properties.

Introduction This famous mishnah gives four new years and explains the halakhic significance of each of each of them.

ולרגלים – This is how it should be understood: The Festival that it is, which is Passover, is the New Year for Festivals concerning those who make vows, for if three festivals passed upon him from the time that he made a vow and he didn’t fulfill it, he violates the prohibition of being late to fulfill it (see Deuteronomy 23:22,24: “When you make a vow to the LORD your God, do not put off fulfilling it, for the LORD your God will requite it of you, and you will have incurred guilt…You must fulfill what has crossed your lips and perform what you have voluntarily vowed to the LORD your God, having made the promise with your own mouth.” See also Ecclesiastes 5:3: “When you make a vow to God, do not delay fulfilling it. For He has no pleasure in fool; what you vow, fulfill.”). But Rabbi Shimon says that he does not trespass it on delaying [fulfillment of the vow] until three festivals have passed in order, and the Festival of Matzot (i.e., Passover) is first, as they are arranged in Scripture (Deuteronomy 16:16): “[Three times a year –] on the Feast of Unleavened Bread, on the Feast of Weeks, and on the Feast of Booths – [all your males shall appear before the LORD your God in the place that He will choose…]”; and the legal decision is that when only one festival passes, and if he didn’t bring his vow, he transgresses a positive commandment, as it is written (Deuteronomy 12:5-6): “…There you are to go. And there you are to bring your burnt offerings [and other sacrifices, your tithes and contributions…].” The first festival that you come to, you must bring, and when three festivals have passed, you have transgressed on not being late. But the Halakha is not according to Rabbi Shimon who requires three festivals in their order.

There are four new years:
The first of Nisan is the new year for kings and for festivals. The order of the new years in this mishnah reflects the order of the months in the Torah. In the Torah, Nisan, the month in which Pesah falls, is considered to be the first month of the year, so it is listed here first. The first of Nisan is new year for the kings, which means that we count the years in which a king has ruled from the first of Nisan. The reason why this is important is that in those times they would date their documents by the years in which the king had ruled. In order for a document to be valid, therefore, one needed to know if which year of the king’s rule this was. “For festivals” means that Pesah is considered to be the first festival of the year. The reason that this is important is that it impacts someone who makes a vow to bring something to the Temple. Rabbi Shimon holds that he has three festivals to bring the vow-offering, and that the count of those three festivals begins on Pesah. So if he makes a vow after Pesah, he doesn’t begin counting the three festival time-limit until the following Pesah.

ראש השנה למעשר בהמה – for we do not tithe from those born in this year together with those which were born in its neighbor, as it is written (Deuteronomy 14:22): “You shall set aside [every year] a tenth part [of all the yield of your sowing that is brought from the field].” The Biblical verse speaks of two tithes, one the tithe of grain and the other is the tithe of cattle, and the Biblical verse says: "שנה שנה"/”every year,” and not from one year on its neighbor.

The first of Elul is the new year for the tithe of beasts. Rabbi Elazar and Rabbi Shimon say: the first of Tishri. The first of Elul is the Rosh Hashanah for tithing animals. When tithing animals, one groups them by year. The first of Elul is the beginning of the next year, so any animals born on or after this date count toward the next year’s tithe and not towards those animals that need to be tithed from the previous year. Rabbi Elazar and Rabbi Shimon disagree concerning tithes. They hold that just as tithes for vegetables are fixed on the first of Tishri (see below), so too are tithes for animals.

ורבי אלעזר ורבי שמעון אומרים באחד בתשרי – Since they (i.e., the Rabbis) made an analogy between the tithing of cattle and the tithing of grain, just as [concerning] the tithing of grain – its Rosh Hashanah is Tishrei, so, also, the tithing of cattle, its Rosh Hashanah is Tishrei. And the First Tanna holds that since they made an analogy [between] the tithing of cattle to the tithing of grain, as it is written, “You shall set aside [every year] a tenth part [of all he yield of your sowing that is brought from the field],” just as grain is when it is near to completion of its tithing, whose Rosh Hashanah is Tishrei, and it is near to being completed, for all the days of [sunlight], it stands in the granary to dry out, so too the tithing of cattle, which is close to its being completing its being tithed, which is the first Elul, as the cattle give birth in [the month of] Av where their pregnancies being completed, and this we derive from Scripture, as it is written (Psalms 65:14): “The meadows are clothed with flocks, the valleys mantled with grain…” When are the meadows clothed with flocks – that is to say, when they are clothed from the males coming up and becoming pregnant? At the time when the valleys are mantled with grain, that is, in Adar, when the seeds sprout and are well-recognized, and they give birth in Av, for the time of pregnancy of small cattle is five months. Therefore, the New Year of the tithing of cattle is on the first of Elul, near its completion.

The first of Tishri is the new year for years, for shmitta and jubilee years, for planting and for [tithe of] vegetables. The first of Tishri, what we today call Rosh Hashanah, is the new year for “years.” This means that when we count what year it is, we count from the first of Tishri. This is how we still count the years today. Many other commentators take this to mean that counts based on the rule of non-Jewish kings are based on Tishri being the start of the new year. The shmitta (Sabbatical) and Jubilee years begin on the first of Tishri meaning from this date all of the prohibitions and regulations concerning the Sabbatical and Jubilee years begin to take effect. This is also the new year for “planting” trees, meaning that we count the number of years a tree has grown starting on the first of Tishri. This is important in order to know when it stops being “orlah” fruit which is prohibited during the trees first three years. Finally, the first of Tishri is the Rosh Hashanah for the tithes of vegetables. Vegetables that were picked before Tishri are not tithed with vegetables picked afterwards.

לשנים – for the years of the kings of he world, as we have explained above.

The first of Shevat is the new year for trees, according to the words of Bet Shammai. Bet Hillel says: on the fifteenth of that month. The two houses debate the date of the new year for trees: Bet Shammai holds that it is on the first of Shevat, and Bet Hillel holds that it is on the fifteenth (Tu B’shvat). The importance of this new year is that fruit which has begun to sprout on the tree before this date is not tithed with fruit that spouts afterwards.

ולשמיטין וליובלות – When Tishrei enters, it is forbidden to plow and seed from the Torah.

ולנטיעה – if he planted a tree forty-five days prior to the first of Tishrei, which are two weeks for taking root, for the shoot/young tree takes root in two weeks, and thirty days after taking root is considered a year, for thirty days in a year are considered [to be] a year, which is forty-five days. And when the first of Tishrei arrives, we count it as the second year of the years of fruit of trees of the first three years, and the Tishrei of the next year, we count it as the third year, and after the third ear, when the first of Tishrei arrives of the fourth year, if this plant formed recognizable fruit, they are still prohibited [from being consumed] because of fruit of trees of the first three years/Orlah; and even though Tishrei is the Rosh Hahanah for planting, Tu Bishvat is the New Year for the tree and this has already become a tree. Therefore, its year does not become renewed to leave the status of Orlah/fruit of the first three years until Tu Bishvat. And from then on, if fruit form on it, it has the status of Fourth Year fruit which are to be consumed in Jerusalem. And on Tu Bishvat of the next year, they have left from the status of fourth year fruit when they form from here onwards.

ולירקות – for the tithing of vegetables, for we do not donate for sacred purposes from vegetation that was harvested before Rosh Hashanah on the vegetation that was harvested after Rosh Hashanah.

ראש השנה לאילן – for the matter of tithing of fruits, for we don’t tithe fruits of the tree that formed prior to Shevat on [fruit] that formed after Shevat, for with regard to a tree, we go after the formation of the fruit. Alternatively, we derive from it with regard to the third year of Shemitah/the seven-year cycle in which we observe the Poor Tithe, for those fruits which formed from Rosh Hashanah of third year until Shevat, we judge them like the fruit of the second year that passed and we practice on them First Tithe and Second Tithe, and from Shevat and onward, we practice tho them First Tithe and the Poor Tithe.

בארבעה פרקים – in the year

Introduction This mishnah lists four points of the year in which the world is judged as to the outcome of certain essential aspects of life. As we shall see, three of them are connected to agricultural holidays and events, whereas the fourth, the judgment on Rosh Hashanah, is more of a moral/religious judgment.

בפסח על התבואה – For since the Torah stated (Leviticus 23:10) bring before me the Omer on Passover in order that I may bless you [with] grain in the fields, and from this we know that on Passover, grain is judged.

At four set times the world is judged:
On Pesah in respect to the produce. In the land of Israel, the grain harvest begins around Pesah time. Indeed, this is why the Omer offering, which is brought from the first barley harvested, begins to be offered on the second day of Pesah. The mishnah teaches that on Pesah the world is judged as to how successful the produce harvest will be.

ובעצרת על פירות האילן – As the Torah stated (Leviticus 23:17), bring before me two loaves on Atzeret/Shavuot, in order that I may bless you [with] the fruits of the trees, and wheat is called a tree by the All-Merciful , as it is written (Genesis 2:9): “And the tree of knowledge of good and bad,” according to the one who said that the tree that the First Man ate was wheat.

On Shavuot in respect to the fruit of the tree. On Shavuot the harvest of the fruits of the tree begins. Specifically, this seems to be when grapes begin to ripen. Hence, according to the rabbis this is when the world is judged as to the harvest of fruits which come from the tree.

כבני מרון – like rebels (after surrender brought before a court martial – see Talmud Rosh Hashanah 18a) - like these lambs which we remove through a small opening one after another to tithe them, and two cannot exit at the same time.

On Rosh Hashanah all the people of the world pass before Him like a division of soldier [a numerus], as it says, “He who fashions the hearts of them all, who discerns all their doings” (Psalms 33:15). This is the central section in this mishnah, the reason why this mishnah is here in Rosh Hashanah. This is the source where we learn for the first time that on Rosh Hashanah the world is judged. The image that the mishnah creates is that all the people of the world, perhaps even non-Jews, come in front of God one at a time and God inspects them. He is like their general and they are his soldiers, standing at attention and being judged by Him. The word “numerus” was interpreted by Saul Lieberman, the premier Talmudic scholar of the past century, as referring to an army division. The version in the mishnah was understood by later talmudic scholars who did not know Greek, as “kivne meron”, understood to refer to the sheep on the Meron mountain. This led to the well-known image of people passing in front of God like sheep passing in front of a shepherd. The point of the prooftext is that God who is the creator of the human heart, also looks at what a person does and judges each one according to his deeds.

היוצר יחד לבם – This is how it should be understood: The Creator and that is the Holy One, blessed be He, sees the uniting of their hearts and understands all of their deeds, and even though they pass before Him one by one, nevertheless, all are reviewed with one glance (Rosh Hashanah 18a).

And on Sukkot they are judged in respect of rain. In the land of Israel, the rainy season begins on Sukkot. Hence, on Sukkot the people of the world are judged as to how much rain will come. To this day, on Sukkot Jews begin to pray for rain and add into the Amidah an acknowledgement that God causes the wind to blow and the rain to come down. Rain and prayers for rain is a topic to which we will return when we learn tracate Taanit.

ובחג נידונין על המים – since the Torah states (Leviticus 23:37; Numbers 29:24, 33,37): pour before me water on the Festival [of Sukkot].

שלוחין יוצאין – When the Jewish court sanctified the New Moon, they send out and announce to the Diaspora the day which they sanctified it (i.e., the beginning of the new month), if it is on the thirtieth day and the previous month was missing [a day], [or] on the thirty-first day and the previous month was full. And the messengers of the Jewish court do not violate either the Sabbath or the Festivals.

There are six months [at the beginning of which] messengers go out.
On Nisan because of Pesah;
On Av because of the fast.
On Elul because of Rosh Hashanah.
On Tishri because of the setting of the festivals.
On Kislev because of Hanukah.
And on Adar because of Purim.
When the Temple stood, they used also to go out to report Iyar because of Pesah Katan (Pesah.
In order to know what date holidays would fall on, people would need to know on what day the previous month had begun. This would be simple for those living in and near Jerusalem because they could immediately find out whether the court had decreed the thirtieth day of the previous month to be Rosh Hodesh. Our mishnah teaches that they used to send out messengers from Jerusalem so that people who lived further away could also find out when Rosh Hodesh had been decreed. However, they did not send these messengers out every month of the year, only on months which contained holidays.
Most of this mishnah is self-explanatory. Note that messengers do not need to go out for Shavuot because once one knows when Pesah falls, the date of Shavuot is known automatically.
Section two: “The fast” refers to Tisha B’av, the Ninth of Av.
Section three: Messengers would go out on Elul so that people would be able to celebrate Rosh Hashanah on the thirtieth day of Elul, lest that day turns out to be the first of Tishri. They would celebrate Rosh Hashanah on the next day as well, lest Elul has thirty days.
Section four: On Tishri the messengers would go out so that people would know when Yom Kippur and Sukkot fall.
Section seven: Pesah Sheni was the second chance for people to offer the pesah sacrifice if they did not offer it the first time (see Numbers 9:10-11 and Mishnah Pesahim 9:1). After the destruction of the Temple this holiday lost any practical relevance. We should note that by noting that when the Temple stood messengers went out for Pesah Sheni the mishnah also teaches that for all of the rest of the holidays the messengers still go out. After the destruction of the Temple only Pesah Sheni has lost its relevance.

ועל אב מפני התענית – since troubles were doubled more than on the rest of the Fast Days.

ועל אלול מפני ר"ה – We announce when [the month of ] Elul ‘begins] and we make Rosh Hashanah on the thirtieth day of Elul in the Diaspora, since in most years, Elul is not a leap month, and even though there was a doubt in their hands lest the Jewish Court make it a leap month, it is impossible for them to know [definitely], and perforce we go after the majority of years, for if they did not know when [Elul] begins, they did not know when its thirtieth day.

ועל תשרי מפני תקנת המועדות – for after the Jewish court had sanctified Tishrei, the messengers went out on the day afterwards and went until the place where they were able to arrive until the Holiday (i.e., Sukkot) and they would announce to them if the Jewish court had made Elul a leap month or not, in order that they would not have scruples about [if they were celebrating] Yom Kippur and Sukkot [at the proper time].

פסח קטן – The Second Passover (14 Iyar)

מחללין את השבת – witnesses who saw the [New] Moon, in order to walk and to inform the Jewish court.

Introduction As we stated in the introduction, in mishnaic times they set the calendar each month based on the testimony of witnesses who would come to the central court and testified that they had seen the new moon. Our mishnah teaches that on two months in order to testify that they had seen the new moon the witnesses may even profane Shabbat. We shall explain what is special about these two months below. What is critical is that the rabbis perceived it to be so critical that these witnesses come on time that they even allowed Shabbat to be profaned. Shabbat might need to be profaned if, for instance, the witnesses had to travel beyond the Shabbat border limit (2000 cubits outside of the city) in order to get to Jerusalem to testify.

שבהם שלוחי ב"ד יוצאים לסוריא – to inform the Diaspora the day of its establishment. Therefore, they considered, that from the Torah, they would violate [Shabbat and Holy Days] for all of them. But the Rabbis prohibited it because the establishment of the [correct days for the] Festivals is not dependent upon them. But for these two months, they relied upon Torah law, for all the Festivals are dependent upon them (i.e., Nisan and Tishrei).

On account of two months they profane Shabbat: on account of Nissan and Tishri, for on those months messengers go forth to Syria and in them the dates of the festivals are fixed. There are two months on which witnesses may come to testify even if they need to profane Shabbat Nissan and Tishri. This is because on those days the dates of the holidays, Yom Kippur, Sukkot, Pesah and Shavuot were set. Once we know when the first day of Nissan is we know when Pesah is, and we know when Shavuot will be as well. Similarly, once we know when the first of Tishri falls, we know when Yom Kippur and Sukkot fall. The messengers would go forth to Syria, meaning to the Diaspora, and let them know when the festivals would fall. Therefore, it was critical that they find out what day Rosh Hodesh was as soon as possible.

When the Temple stood they used to profane Shabbat for all the months, in order that the sacrifice might be offered on the right day. In the Temple there was a special sacrifice offered on Rosh Hodesh. Hence, it was essential that the witnesses testify on time every month so that the sacrifice would be offered on the correct day. Hence, they could profane Shabbat in order to get to Jerusalem to testify concerning any of the months. .

בעליל – above the ground a great deal, where everyone can see it.

Introduction This mishnah contains a qualification of yesterday’s mishnah, regarding when the witnesses may profane Shabbat in order to travel to Jerusalem to testifythat they had seen the new moon.

שלא בעליל – below the extremity of the firmament, close to the ground. For the redness of the sun covers it and it is not recognized so well.

Whether [the new moon] was seen clearly or was not seen clearly, they profane Shabbat on account of it. Rabbi Yose says: if it was been seen clearly they do not profane Shabbat on account of it. According to the first opinion in the mishnah, witnesses can profane Shabbat in order to come to Jerusalem and testify regardless of whether the new moon was seen clearly or not. Rabbi Yose holds that if the new moon was seen clearly in a place somewhat far away from Jerusalem, then it was probably seen clearly in Jerusalem as well. In such a case witnesses would have seen it in Jerusalem and since they live close, they would not have to profane Shabbat in order to testify. Therefore those outside of Jerusalem should assume that those closer had testified and that they don’t need to come and profane Shabbat. The other sages disagree, reasoning that if you tell witnesses not to profane Shabbat when the new moon is seen clearly, they might end up not profaning Shabbat when the moon is not seen clearly, i.e. when they should profane Shabbat. Anything that might lead to witnesses not coming when their testimony is needed is discouraged.

אין מחללין – for certainly they saw it in Jerusalem. But the Halakha is not according to Rabbi Yosi.

Pesach is the New Year for the Festivals. This is because at the very beginning one needs to distance themselves from the Evil Inclination, as is referred to in the Holy Zohar: Matzah is from the language of trial and argument. On this holiday everyone can leap from their connection to the "Other Side" even if they are not on the level to do so. After this, they merit Torah. After that, they merit to bring in the light of the Torah to their inner humanity. "Draw me" (Shir Hashirim 1:4) is on Pesach - which is drawing it in. The children of Israel are drawn in from the Idol Worship in Egyp, even though they weren't prepared with all their heart. Thus it happened with a "Strong Arm" in the way that a person is drawn from the womb of their mother in the Midrash. After this "Let us run" (ibid) on the seventh day of Pesach that they ran into the sea - a willingness to sacrifice their lives. "The King has brought me into his chambers" (ibid) The chambers of Torah on Shavuot. "Let us delight and rejoice" (ibid) Which is the holiday of Sukkot.

ארבעים זוג – sets of witnesses one pair after another

Introduction This mishnah illustrates a concept which we mentioned at the end of yesterday’s mishnah-- anything that might lead to witnesses not coming when their testimony is needed is discouraged.

ועכבן ר"ע – for the Jewish court had no need of them

It happened that more than forty pairs of witnesses were on their way [to Jerusalem] and Rabbi Akiva detained them in Lod. Rabban Gamaliel sent to him saying: if you prevent the multitude [from coming to provide testimony] it will turn out that you cause them to stumble in the future. The mishnah describes Rabbi Akiva in Lod holding back witnesses who were about to make their way to Jerusalem to testify that they had seen the new moon. Rabbi Akiva detains the because he reasons that there is no need for so many witnesses to testify; after all, two would seem to be sufficient. Commentators add that this transpired on Shabbat. Rabbi Akiva did not think it was necessary for forty pairs of witnesses to profane Shabbat, when only two were needed, so he held the unneeded pairs back. Rabban Gamaliel rebuked Rabbi Akiva for his actions. Witnesses who were told not to go to Jerusalem to testify would not go next time they see the new moon, and perhaps that time they would actually be needed. This is what he means when he says, “cause them to stumble.”

אתה מכשילן לעתיד לבא – they will be prevented from coming and testifying when they saw that their words were not listened to. And the Halakha is according to Rabban Gamaliel.

אב ובנו וכל הקרובים כשרים לעדות החדש – For the All-Merciful One said to Moses and Aaron (Exodus 12:2): “This month shall mark for you [the beginning of the months; it shall be the first of the months of the year for you],” this testimony of the [New] Moon will be valid through you, and even though you are brothers. But the Rabbis who dispute this state: “This month shall mark for you” – this testimony is transmitted to you, to the great ones of the generation like yourselves. But the Halakha is not according to Rabbi Shimon.

Introduction This mishnah deals with a father and a son jointly testifying that they had seen the new moon. In normal cases the testimony of relatives may not be joined in order to add up to the required two witnesses. However, some sages, as we shall see below, hold that in the case of testifying regarding the new moon the joint testimony of relatives is acceptable.

If a father and a son have seen the new moon, they should both go [to Jerusalem], not that they can join together as witnesses but so that if one of them is disqualified the other may join with another witness. According to the first opinion in this mishnah, a father and son’s testimony is not joined together. However, they should nevertheless travel together to Jerusalem, for should one of them be disqualified, the other one will be able to testify along with another person. In tomorrow’s mishnah we will learn what might disqualify a person from testifying.

Rabbi Shimon says that a father and son and all relatives are eligible to testify to the appearance of the new moon. Rabbi Shimon disagrees and holds that relatives may indeed testify that they saw the new moon. According to Rabbi Shimon the testimony for the new moon works differently from testimony in other legal matters where relatives’ testimony is not joined together.

Rabbi Yose said: it happened once that Tobias the doctor saw the new moon in Jerusalem along with his son and his freed slave. The priests accepted his evidence and that of his son and disqualified his slave. But when they appeared before the court they accepted his evidence and that of his slave and disqualified his son. Through the story in this section we learn that there was a debate between the priests and the “court” of sages concerning two issues regarding testimony as to the new moon: the ability of relatives to jointly testify and the ability of a freed slave. The priests accepted the evidence of the relatives, probably because each of these people is himself fit to testify. The sages, which the mishnah calls here “the court,” accepted that of the freed slave, because they generally hold that freed slaves were allowed to testify. There is some interesting history which we may glean from this mishnah. First of all, the mishnah portrays two courts in Jerusalem, one that was made up of priests and one made up of others who evidently were not priests. The non-priest court is portrayed as being more authoritative. Second, it is noteworthy that the priests reject that of the freed slave while the other court accepts it. This may connect in general with the high value the priests placed on lineage.

משחקים בקוביא – bones that they would play with as a pledge, for the Rabbis stated that an obligation undertaken that one does not expect to be called upon to fulfill (e.g., a seller who agrees to pay exaggerated penalties if he fails to deliver merchandise by a certain time) which is not binding -and they are robbers according to [the decree of] the Rabbis.

Introduction This mishnah is basically taken word for word from Sanhedrin 3:3. It is brought here again because the previous mishnah mentioned the possibility that a person would be disqualified from testifying.

ומלוי בריבית – they are not called robbers according to the Torah to invalidate them [to serving as witnesses or judges] for he gives him [a loan] on his own.

And these are they which are not qualified [to be witnesses or judges]: A dice player, a usurer, pigeon racers, or traffickers in Seventh Year produce, and slaves. There are five categories of people who are disqualified from acting as witnesses or judges: 1) The first is a dice player, in other words a gambler. Such a person cannot testify since he is known to be a liar, especially with regards to monetary matters. Another reason is that he doesn’t participate constructively in building society. 2) A usurer. He is also probably considered to not be trustworthy in monetary matters. 3) A pigeon racer. Racing pigeons was a form of gambling. 4) Those who sell produce grown during the Seventh Year. According to Lev. 25:5-7 produce grown in the fields during the Seventh Year may be eaten by its owners, but it may not be sold. One who therefore sells Seventh Year produce is engaging in forbidden business practices which according to our mishnah make him not trustworthy to testify or act as a judge. 5) A slave referring to a slave who has not been freed.

מפריחי יונים – that is a form of dice, if your dove comes in before my dove.

This is the general rule: any testimony for which a woman is not qualified, they too are not qualified. The rules of acceptance of testimony from slaves are the same as those for a woman. Any case where they did allow the testimony of a woman, such as testimony concerning the death of another woman’s husband (see Mishnah Yevamot 15:4), they also allowed the testimony of a slave

וסוחרי שביעית – They do business with Seventh Year produce, and the All-Merciful said, “to eat,” but not for business, and since they were suspected of violating on the religion for the sake of money, they were suspected of bringing false testimony on a bribe. -

והעבדים – they are invalid from the Torah, as derived by a fortiori from [the case of] a woman.

עדות שאין האשה כשרה לה – since there is testimony that a woman is fit for, such as to testify to a woman that he husband died in order to permit her to marry foreigners, and also to testify on the woman suspected of committing adultery who had been defiled that she should not drink [the accursed, bitter waters]. And those invalidations [made by] the Rabbis are also valid [to testify], but if they are ineligible to testify from the Torah, the Sages did not make them fit for the testimony of a woman, and even though the slave and the woman were deemed fit, they are ineligible to give testimony from the Torah.

ואם צודה להם – lying in wait, like (I Samuel 24:12): “….Yet you are bent on taking my life.”

Introduction This mishnah lists several different ways in which a person might come to profane Shabbat on his way to testify that he saw the new moon. The mishnah is adamant a person on his way to Jerusalem may profane the Shabbat in any way that he needs to in order to ensure that he makes it to Jerusalem in order to testify.

שנאמר אלה מועדי ה' – and every place where it says, "מועד במועדו"/”appointed time at its appointed season” supersedes the Sabbath.

If one who has seen the new moon and is not able to walk [to Jerusalem] on foot, he may be brought on a donkey or even in a litter [on Shabbat]. Here we learn that a person may transgress two prohibitions in order to make it to Jerusalem to testify: he may ride on a donkey and others may carry him on a litter, which is a violation of carrying.

If they [the witnesses] are likely to be attacked, they may take sticks [to defend themselves]. They may also carry sticks in order to defend themselves against bandits or highway robbers.

If the distance is great [to Jerusalem], they may take provisions with them, since for as much as a night and a day’s journey they were allowed to profane Shabbat and go out to testify concerning the new moon, as it says: “These are the appointed times of the Lord … which you shall proclaim at their appointed time” (Leviticus 23:4). They can also carry food with them on their way to Jerusalem. The witnesses were allowed to travel for up to an entire night and one day in order to get to Jerusalem, meaning if they saw the new moon in the evening when Shabbat began, and they were far enough away that they would have to walk the entire night and all day and then just get there when Shabbat was over, they were still allowed to go. Of course, if they lived farther away than they couldn’t come because they wouldn’t make it in time anyway. The rabbis’ adamancy that one must go to Jerusalem to testify and that one can break Shabbat in order to do so is justified by a midrash. The Torah says that the appointed times, the festivals, must be proclaimed at their appointed time. This is understood by the rabbis to mean that it is essential that the court declare the new moon on time so that the festivals would fall at the correct time. If doing so requires one to profane Shabbat, so be it.