Mishnah Rosh Hashanah
משנה ראש השנה
The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein
http://www.sefaria.org/shraga-silverstein

Mishnah Rosh Hashanah



Chapter 1

	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).
	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)].
	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].
	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.]
	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.]
	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.]
	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.
	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.]
	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.]

Chapter 2

	If they do not recognize him [i.e., if beth-din do not recognize the witness as being trustworthy and kasher, they [the beth-din in the witness's city] send another [pair of witnesses] with him to testify about him [before the great beth-din who sanctify the New Moon.] In the beginning, they would accept testimony to the (appearance of) the new moon from all men. When the heretics attempted to undermine (the institution of the New Moon) [by hiring false witnesses to deceive the sages], they ordained that only recognized (witnesses) be accepted.
	In the beginning, they would light beacons [to inform those at a distance that the month had been sanctified, and they did not have to hire messengers to send them to the exile to apprise them, for they would be apprised by the beacons.] When the Cuthites attempted to undermine (the institution of the New Moon) [and they, too, lit beacons at the wrong time, to deceive them], they ordained that messengers go out [For beth-din would light beacons only for a month which was sanctified on the thirtieth day; and if they did not light them on the eve of the thirtieth day, all knew that the month was full. And once beth-din intercalated the month and did not light beacons on the eve of the thirtieth day — and the Cuthites lit them in their hills and deceived the Jews in the exile into making the month defective (instead of full)].
	How did they light the beacons? They brought long cedar beams [which would be seen from afar], and reeds, and oil-wood, and hatchelled flax [to increase the flame], and one would tie them all together with a rope and go up to the top of the mountain and light it, and move it from side to side and up and down until he saw his friend (i.e., his counterpart) doing so on top of the second mountain; and so, on top of the third mountain, etc.
	And from where did they light the beacons? From the Mount of Olives [facing Jerusalem in the east] to Sarteva, and from Sarteva to Grofina, and from Grofina to Chavran, and from Chavran to Beth Biltin, and from Beth Biltin — they did not leave — but he moved it (the beacon) from side to side and up and down until he saw the entire exile [Bavel] (lit) before him as a bonfire. [For each one would take a torch and bring it up to his roof.]
	There was a big courtyard in Jerusalem called Beth Ya'azek, where all the witnesses congregated and where beth-din examined them. And they would make large feasts for them so that they would be encouraged to come. In the beginning, they [the witnesses, who had left their tchum on Shabbath and had come to testify] did not move from there the entire day, [for one who leaves the tchum may walk only four cubits (outside it)], whereupon R. Gamliel the Elder instituted that they be permitted to go two thousand cubits in every direction. And not only they — but also a midwife who came to deliver (outside the tchum), one fleeing a fire, or (one fleeing) an armed troop, an overflow, or a cave-in, are regarded as the people of the city and may go two thousand cubits in every direction.
	How are the witnesses examined? The pair to arrive first is examined first. The senior (of the pair) is brought in first, and asked: "How did you see the moon? Facing the sun, or behind the sun?" [i.e., Was the crescent of the moon inclining towards the sun or in a different direction? And in this regard it is stated below: "If he said that it was facing the sun, he has said nothing"; for the luminous side of it always is towards the sun and the crescent side, away from it], "In the north or in the south?" [For the moon moves away from the sun, sometimes to the north, sometimes to the south. And if beth-din knew, by calculation, that at that time it should be towards the north and the witnesses said they saw it towards the south, or vice versa, of a certainty, they are false witnesses.], "How high was it?" [above the earth, as you saw it? If one of them said two (men's) heights, and the other, three, their testimony is accepted. If one said three, and the other, five, their testimony is rejected.], "And whither did it incline?" [i.e., In which direction did the heads of the crescent incline, north or south?], And how broad was it?" [For the size of the moon (to the eye) varies as to its distance from the sun.] If he said that it was facing the sun, he has said nothing. Then they would bring in the second witness and examine him. If their statements jibed, their testimony was accepted. And the other pairs were asked general questions. Not because they were needed, but so that they not leave disconsolate, to encourage them to come again.
	The head of beth-din says: "It is sanctified," [it being written (Leviticus 23:44): "And Moses declared the festivals of the L-rd" — whence it is derived that the head of beth-din says: "It is sanctified."], and all the people respond: "It is sanctified; it is sanctified," [it being written (Ibid. 3): "…the festivals of the L-rd which you shall call them" (otham) — read it "atem" ("you"), it being written without the vav (i.e., you declare the New Moon). ("It is sanctified; it is sanctified":) twice, it being written (Ibid.): "callings of holiness," two callings.] Whether it is seen in its time [on the night of the thirtieth] or not seen in its time, it is sanctified. R. Elazar b. Tzaddok says: If it is not seen in its time, [and the night of Rosh Chodesh is set as the night of the thirty-first], it is not sanctified, having already been sanctified by Heaven. [For the sanctification of the moon is not obligatory, it being written (Ibid. 25:10): "And you shall sanctify the fiftieth year" — You sanctify years (it being incumbent upon beth-din to say that the month is sanctified in the year of the Jubilee), but you do not sanctify months, (it not being incumbent upon beth-din to say that the month is sanctified. And when it is seen in its time, it is sanctified because it requires "strengthening." The halachah is in accordance with R. Elazar b. R. Tzaddok.]
	R. Gamliel had figures of the different forms of the moon, [depicting the size of the moon and the direction of the inclination of its rays], which he would show to those unversed (in technical terminology, who came to testify to the appearance of the new moon), asking them: "Did it look like this or like this?" Once, two witnesses came and said: "We saw it in the morning in the east, and in the evening in the west." R. Yochanan b. Nuri said: They are false witnesses. And when they came to Yavneh, R. Gamliel accepted their testimony. [Not because he thought that it was possible to see the moon in the morning in the east at the beginning of sunrise, and, in the same day, to see it in the west at sunset. For this is impossible. Rather, he accepted their testimony as to having seen the moon in the west in the evening, knowing, by calculation, that this was a possibility for that night. As to their saying that they had seen it in the morning in the east, he assumed that they had been deceived by having seen clouds in the form of the moon in the firmament. As it is taught in the baraitha (25a): "Once the skies were clouded over and the form of the moon appeared on the twenty-ninth of the month, etc." And R. Yochanan b. Nuri, who called them "false witnesses" — According to his calculation it was impossible for the witnesses to have seen the moon that night, there not having been enough time between their sighting and the molad ("birth" of the moon) for them to have seen it. And on this account R. Gamliel counters in the baraitha: "Thus have I received it from my father's father's house: Sometimes it comes longer; sometimes it comes shorter." That is, the time between the molad and the appearance of the moon is not always the same. For sometimes the movement of the moon is faster, and, sometimes, slower. And by the speed of the moon's movement at that time, R. Gamliel calculated that the moon could have been seen on that night, for which reason he accepted their testimony.] On another occasion, two witnesses came and testified: "We saw it in its (regular) time [the night of the thirtieth], but it was not visible on the night of its fullness" [the night of the thirty-first], and R. Gamliel accepted their testimony. [Not because he assumed that the moon moved away from the sun on the night of the thirtieth, so as to be visible, and then turned back towards the sun on the night of the thirty-first, so that it was concealed. For the moon does not turn back, but moves continuously in its orbit. Rather, R. Gamliel knew by calculation that on that night when the witnesses claimed to have seen it, the moon had already moved far enough from the sun to be visible, for which reason he accepted their testimony. As to their saying: "but it was not visible on the night of its fullness," it is possible that it had been covered by the clouds or that they could not see it because of some other reason.] R. Dossa b. Hyrcanus said: "They are false witnesses. It is like testifying about a woman that she has given birth, and the next morning finding her belly between her teeth!" R. Yehoshua said: "I accept your words" [to intercalate the month].
	R. Gamliel (the Nassi) sent to him (R. Yehoshua): "I decree that you come to me with your staff and your money on the day that Yom Kippur falls out according to your reckoning." R. Akiva went and found him (R. Yehoshua) desponding [over the Nassi's having decreed that he desecrate Yom Kippur], whereupon he said to him: There is Biblical support for regarding everything done by R. Gamliel as done (i.e., taking effect), it being written (Leviticus 23:4): These are the festivals of the L-rd, callings of holiness, which you shall call them" — Whether (you proclaim them) in their times or not in their times, I have no festivals but these [Scripture making the "callings" of beth-din the criterion (for the determination of the festival times)]. When he [R. Yehoshua] came to R. Dossa b. Hyrcanus, he said to him: If we took exception with the beth-din of R. Gamliel, we would have to do so with every beth-din which arose for Israel from Moses' time until now, viz. (Exodus 24:9): "And there went up Moses and Aaron, Nadav and Avihu, and seventy of the elders of Israel": Why were the names of the elders not given? To teach that any three who are set up as a beth-din over Israel are equivalent to that of Moses himself. [So that if one questions the authority of a beth-din in his day, saying: "Are they as great as Moses and Aaron or Eldad and Medad?" he is told: "Perhaps he is as great as the remaining ones, whose names were not given."] He, thereupon, took his staff and his money in his hand and went to Yavneh to R. Gamliel on the day that Yom Kippur fell out according to his (R. Yehoshua's) reckoning. (When he got there,) R. Gamliel arose and kissed him on his head, saying: "Come in peace, my master and my disciple — my master, in wisdom; my disciple, for having done my bidding."

Chapter 3

	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."]
	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.]
	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.
	(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.]
	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.]
	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.]
	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.
	(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).

Chapter 4

	If the festival of Rosh Hashanah fell out on Shabbath, in the mikdash (the Temple) they would blow the shofar, [for the blowing of the shofar is not (an interdicted Sabbath) labor. The rabbis decreed against it lest he come to carry the shofar four cubits in the public domain. But in the Temple they did not decree against it, there being no rabbinic shvuth ("resting") interdict in the Temple.], but not in the province [i.e., not in Jerusalem and not outside it. And Rambam says that all of Jerusalem is called "mikdash," and the rest of Eretz Yisrael "the province" (medinah).] When the Temple was destroyed, R. Yochanan b. Zakkai instituted that they blow wherever there is a beth-din, [even if they do not regularly preside there but just pass through.] R. Elazar said: R. Yochanan b. Zakkai instituted it only in Yavneh alone, [where the Great Sanhedrin presided in his days, and so, wherever the Great Sanhedrin was exiled, but not with a beth-din of twenty-three.] They countered: Both in Yavneh and in any place where there is a beth-din. [The difference between the first tanna and "They countered": The first tanna holds (that the shofar is blown on Shabbath) wherever there is a beth-din, even adventitiously; and "They countered" hold both in Yavneh and any other place where there is a regularly presiding beth-din, as in Yavneh, but not an adventitious one. The halachah is in accordance with "They countered."]
	And this, too, obtained in Jerusalem, which did not obtain in Yavneh [Our Mishnah is defective. This is what was taught: In Jerusalem they blew the shofar in the entire city (on Shabbath) so long as beth-din sat in the Temple, beth-din presiding until the sixth hour of the day. And in Yavneh, they did not blow in the entire city, but only before the beth-din. "And this, too, obtained in Jerusalem, which did not obtain in Yavneh"], that every city which "saw" [Jerusalem (blew on Shabbath) — to exclude a city situated in a valley, which, though it may have been "near," they did not blow the shofar in], and which heard (the shofar), [to exclude a city situated on a mountain top], and which was near, [to exclude a city situated outside the tchum], and which could come, [to exclude a city separated (from Jerusalem) by a river]. And in Yavneh they blew only before beth-din alone.
	In the beginning, the lulav was taken in the mikdash seven days, [it being written (Leviticus 23:40): "And you shall rejoice before the L-rd your G-d seven days"], and in the medinah, one day, [viz. (Ibid.): "And you shall take for yourselves on the first day."] When the Temple was destroyed, R. Yochanan b. Zakkai instituted that the lulav be taken in the medinah seven days in remembrance of the mikdash and that the day of "hanef" [the waving of the omer (i.e., the sixteenth of Nissan)] be entirely forbidden [in the eating of "chadash" (see Succah 3:12)].
	In the beginning, they would accept witnesses to (the appearance of) the new moon the entire day. Once, the witnesses were late in coming and the Levites defaulted in the psalm [of the afternoon tamid, not chanting it at all. For usually, the witnesses came before the afternoon, for which reason they instituted the yom tov psalm for the afternoon tamid. And, for the morning tamid, where most of the time the witnesses had not yet come and it was not known whether the day would be sanctified (as Rosh Chodesh Tishrei, i.e., Rosh Hashanah), they did not institute the yom tov psalm, but the weekday psalm. And on that occasion (above), when the time for the offering of the afternoon tamid had arrived, and the witnesses had not yet arrived, the Levites did not know whether to chant the yom tov or the weekday psalm — and they chanted no psalm at all], wherefore they instituted that witnesses be accepted only until minchah, and if they came after minchah, that day was observed as holy, and the next day as holy. [When it got dark on the night after the twenty-ninth of Elul, they observed it (the thirtieth) as holy on the possibility that witnesses would come in the daytime and beth-din would sanctify it, so that the preceding night would be found to have been yom tov; likewise, the day after, until minchah. And if witnesses came before minchah, beth-din sanctified the New Moon and it was know that they had correctly observed (the day until then) as holy. And if witnesses came from minchah on, even though beth-din would not sanctify that day, and they would intercalate Elul and sanctify it (the New Moon) on the next day — still, they observed that day (the thirtieth) as holy, interdicting work, lest they come to "cheapen" it the following year and work the entire day, saying: "Last year we observed it as holy in vain, going back to treating it as a weekday from minchah on."] When the Temple was destroyed, R. Yochanan b. Zakkai ordained that they accept witnesses to the new moon the entire day. R. Shimon b. Karchah said: And this, too, was instituted by R. Yochanan b. Zakkai: that even if the head of beth-din were in a different place, [so that they would (by right) be constrained to go from the (regular) meeting place (of the Sanhedrin) to that place, the sanctification of the new moon being essentially vested in him, viz. (2:7): "The head of beth-din says: 'It is sanctified'"] — still, the witnesses were not required to go [to him, but] only to the (regular) meeting place [of the Sanhedrin, and they would sanctify it without the head of beth-din.]
	The order of blessings (on Rosh Hashanah): He says avoth [magen Avraham], and gevuroth [atah gibor], and kedushath Hashem [kadosh, kadosh], and he includes malchuyoth with them. And he does not blow. (He says) kedushath hayom [atah bechartanu], and he blows; zichronoth, and he blows; shofroth, and he blows. [These are derived from verses: It is written (Leviticus 23:24): "zichron teruah," which our sages expounded: "zichron" — these are "zichronoth"; "teruah" — these are "shofroth." And it is written (Numbers 10:10): "And they shall be to you as a memorial before your G-d; I am the L-rd your G-d." Why mention "I am the L-rd your G-d"? It is intended as a prototype, viz.: Wherever zichronoth ("memorials") and shofroth are recited (as they are on Rosh Hashanah - "zichron teruah"), malchuyoth (acknowledgments of G-d's reign) are to be recited along with them.] And he says avodah (retzeh), and hoda'ah (modim), and birchath Cohanim. These are the words of R. Yochanan b. Nuri. R. Akiva said to him: If he does not blow for malchuyoth, why does he mention (them)? Rather, he says avoth, gevuroth, and kedushath Hashem; and he includes malchuyoth with kedushath hayom and he blows; zichronoth, and he blows; shofroth, and he blows. And he says avodah, hoda'ah, and birchath Cohanim. [The halachah is in accordance with R. Akiva.]
	One is to recite no fewer than ten (verses) of malchuyoth: [three from the Torah, three from Prophets, three from the Writings, and a concluding verse from the Torah], (no fewer than) ten zichronoth, and ten shofroth. R. Yochanan b. Nuri says: If he recited three of each, [one of Torah, one of Prophets, one of Writings], he has fulfilled his obligation. [The halachah is in accordance with R. Yochanan b. Nuri.] One does not recite zichronoth, malchuyoth, and shofroth of adversity, [such as (Ezekiel 20:33): "Surely, with a strong hand … shall I reign over you," (Psalms 78:39): "And He remembered that they were but flesh," (Hosea 5:8): "Blow the shofar in Giveah," and the like. And zichronoth relating to individuals (as opposed to those relating to the populace in general), like (Nechemiah 5:19): "Remember me, O my G-d, for good," even though they are for the good, are not to be recited. And this is the halachah.] R. Yossi says: If he concludes with (verses in) the Torah, he has fulfilled his obligation. [The gemara explains: He concludes in Torah; but if he concludes in Prophets, he has fulfilled his obligation. The halachah is in accordance with R. Yossi.]
	The prayer leader on the yom tov of Rosh Hashanah — the second officiates at the blowing of the shofar [i.e., The prayer leader at mussaf officiates at the shofar blowing, and not the shacharith prayer leader. This was instituted at a time of shmad (enforced conversion), when they decreed against blowing the shofar and lay in wait for them all six hours of the time of the shacharith prayer, whereupon they moved the shofar blowing from shacharith to mussaf.]; and at the time of Hallel, the first officiates at the Hallel. [Because Hallel is not recited on Rosh Hashanah and Yom Kippur, we have "and at the time of Hallel"; that is, on the other festivals, when Hallel is recited.]
	The shofar of Rosh Hashanah — the tchum is not crossed for it [i.e., It is forbidden to go outside the tchum in order to bring a shofar or to go to hear the blowing], and a mound (that has fallen on it) is not dug up (to extract it). It is forbidden to climb a tree, to ride an animal, or to swim (for its sake). And it may not be cut, both with something interdicted because of shvuth ("resting") [such as a knife] or with something which is interdicted by negative commandment, [as with a saw, which is an absolute labor in woodworking. Some understand it in the opposite manner: "something interdicted by reason of shvuth" — a sickle, which it is not the practice to cut (objects) with. "something interdicted by negative commandment" — a knife, which is used for cutting.] But if he wishes to put water or wine therein, he may do so, [and we do not say that he is amending an object thereby.] We do not stop the children [who have reached the age of chinuch (mitzvah training)] from blowing it [even on Shabbath, in order to train them for mitzvoth, that they gain practice in blowing for the yom tov of Rosh Hashanah], and one may (even) practice with them. [And there is no reason to decree lest he come to carry it four cubits in the public domain, for he is not preoccupied with a mitzvah, but just practicing, and they decreed lest he come to carry it four cubits in the public domain only at a time when he was obligated in the blowing of shofar, when, being preoccupied with fulfilling his obligation, he might forget the Sabbath.] And one who (merely) practices (blowing the shofar) does not fulfill his obligation. And one who hears from one who practices does not fulfill his obligation.
	The order of blowing: Three, [one for malchuyoth, one for zichronoth, one for shofroth], of three each [tekiah, teruah, tekiah for each one. For two teruoth are mentioned in respect to Rosh Hashanah and one in respect to Yom Kippur of the Jubilee, and we derive by identity, "seventh"-"seventh," that what is stated in respect to one we apply to the other. So that "teruah" mentioned in respect to the Yom Kippur of the Jubilee, we apply to Rosh Hashanah, leaving us with three teruoth for Rosh Hashanah. And the two teruoth mentioned in respect to Rosh Hashanah, we apply to Yom Kippur, leaving us with three teruoth for Yom Kippur. And every teruah (broken blast) has a plain blast (tekiah) before it and after it. As it was taught (29b): "Whence is it derived that there is a plain blast before it (the teruah)? From (Leviticus 25:9): "And you shall cause to pass a shofar of teruah?" And whence is it derived that there is a plain blast after it? From (Ibid.): "shall you cause to pass a shofar" — "passing" before and after, and teruah in the middle. "passing" connotes a plain blast, the "passing" of a single, plain sound. So that for the three teruoth of Rosh Hashanah, there are six tekioth — thus, "three of three each."] The length of the tekiah [i.e., the length of all the tekioth, six in number] is three teruoth, [so that the length of a tekiah is half a teruah.] The length of a teruah is three yevavoth [three short notes. Some explain that each yevavah is three short blasts in succession, so that the length of a teruah is nine short blasts in succession. And this stands more to reason.] If he blew a [regular] tekiah before [the teruah] and he extended the second [the tekiah after the teruah] as two, to fulfill the requirement of two tekioth one after the other — the tekiah following malchuyoth and that preceding zichronoth], he has produced only one (tekiah), [a tekiah not being divided in two]. If he blessed [i.e., if he recited the mussaf prayer and the nine blessings], and then a shofar became available to him, he blows tekiah, teruah, tekiah, three times. Just as the prayer leader is obligated, [both in the blessings of Rosh Hashanah and those of the entire year, and fulfills his obligation only with the prayer which he prays for himself, so every individual who is versed in the prayers fulfills his obligation only with his own praying, both on Rosh Hashanah and on the other days of the year. The only purpose of the prayer leader is to effect the fulfillment of the obligation for those who are not thus versed.] R. Gamliel says: The prayer leader effects the fulfillment of the obligation for the (entire) populace, [whether they be versed or unversed, both in the blessings of Rosh Hashanah and in the prayers of the entire year. Why, then, does the congregation pray in silence? So that the prayer leader can arrange his prayer. The halachah is in accordance with the sages in respect to the prayers of the entire year, that the prayer leader effects fulfillment of obligation only for the unversed. But with the blessings of Rosh Hashanah and the Yom Kippur of Jubilee, which are nine long blessings, which not all are versed in, the halachah is in accordance with R. Gamliel, that just as the prayer leader effects fulfillment of obligation for the unversed, so he fulfills it for the versed.]