Mishnah Rosh Hashanah
משנה ראש השנה
Mishnah Yomit by Dr. Joshua Kulp
http://learn.conservativeyeshiva.org/mishnah/

Mishnah Rosh Hashanah



Chapter 1

There are four new years:The first of Nisan is the new year for kings and for festivals. 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 Tishri is the new year for years, for shmitta and jubilee years, for planting and for [tithe of] vegetables. 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.
At four set times the world is judged:On Pesah in respect to the produce. On Shavuot in respect to the fruit of the tree. 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). And on Sukkot they are judged in respect of rain.
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 Sheni).
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. 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.
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.
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.
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. Rabbi Shimon says that a father and son and all relatives are eligible to testify to the appearance of the new moon. 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.
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. This is the general rule: any testimony for which a woman is not qualified, they too are not qualified.
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]. If they [the witnesses] are likely to be attacked, they may take sticks [to defend themselves]. 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).

Chapter 2

If they don’t know him [the one who came to testify], they send another with him to testify concerning [his reliability]. Originally testimony concerning the new moon was accepted from anyone. When the minim disrupted this, it was decreed that testimony should be received only from persons known [to the court].
Originally they used to light torches [to signal that the new month had been decreed]. When the Samaritans disrupted this, they decreed that messengers should go out.
How did they light the torches? They used to bring long poles of cedar and reeds and olive wood and flax fluff and they tied them all together with a string. And someone used to go up to the top of a mountain and light them with fire and wave them back and forth and up and down until he saw the next one doing the same thing on the top of the second mountain; and so on the top of the third mountain.
At what places did they light the torches? From the Mount of Olives [in Jerusalem] to Sartaba, and from Sartaba to Gripina, and from Gripina to Havran, and from Havran to Bet Biltin. From Bet Biltin they did not move, but rather waved [the torch] back and forth and up and down until he saw the whole of the diaspora before him lit up like one bonfire.
There was a large courtyard in Jerusalem, and it was called Bet Yazek. There all the witnesses used to assemble and the court would examine them there. They would make large feasts for them there so that they would have an incentive to come. Originally they used not to leave the place the whole day, but Rabban Gamaliel decreed that they could go two thousand cubits from it in any direction. And these were not the only ones [who could go two thousand cubits in any direction], but also a midwife who has come to deliver a child, or one who comes to rescue from a fire or from bandits or from a river in flood or from a building that has fallen in all these are like residents of the town, and may go two thousand cubits [on Shabbat] in any direction.
How do they test the witnesses?The pair which arrives first, they test them first. They bring in the older of them and they say to him, “Tell us, how did you see the moon in front of the sun or behind the sun? To the north of it or to the south? How high was it, and in which direction was it inclined? And how broad was it?” If he says [he saw it] in front of the sun, his evidence is rejected. After that they would bring in the second and test him. If their accounts were the same, their evidence was accepted. And the other pairs were only questioned briefly, not because they were required at all, but so that they should not go out disappointed, so that they would be regular in coming [to testify].
The head of the court says, “Sanctified,” and all the people answer after him, “Sanctified, sanctified.” Whether the new moon is seen at its proper time or not at its proper time they sanctify it. Rabbi Elazar bar Zadok says that if it is not seen as its proper time they do not sanctify it for heaven has already sanctified it.
Rabban Gamaliel had diagrams of the moon on a tablet [hung] on the wall of his upper chamber, and he used to show them to the unlearned and say, “Did it look like this or this?” It happened that two witnesses came and said, “We saw it in the morning in the east and in the evening in the west.” Rabbi Yohanan ben Nuri said: they are lying witnesses. When they came to Yavneh Rabban Gamaliel accepted them. On another occasion two witnesses came and said, “We saw it at its proper time, but on the night which should have been the new moon it was not seen,” and Rabban Gamaliel accepted their evidence. Rabbi Dosa ben Harkinas said: they are lying witnesses. How can they testify that a woman has given birth when on the next day her belly is between her teeth (swollen)? Rabbi Joshua to him: I see your argument.
Rabban Gamaliel sent to him: I order you to appear before me with your staff and your money on the day which according to your count should be Yom Hakippurim. Rabbi Akiva went and found him in distress. He said to him: I can teach that whatever Rabban Gamaliel has done is valid, because it says, “These are the appointed seasons of the Lord, holy convocations, which you shall proclaim at their appointed times” (Leviticus 23:4), whether they are [proclaimed] at their proper time or not at their proper time, I have no other appointed times save these. He [Rabbi Joshua] then went to Rabbi Dosa ben Harkinas. He said to him: if we call in question the court of Rabban Gamaliel we must call in question the decisions of every court which has existed since the days of Moses until now. As it says, “Then Moses and Aaron, Nadav and Avihu and seventy of the elders of Israel went up” (Exodus 24:9). Why were the names of the elders not mentioned? To teach that every group of three which has acted as a court over Israel, behold it is like the court of Moses. He [Rabbi Joshua] took his staff and his money and went to Yavneh to Rabban Gamaliel on the day which according to his count should be Yom Hakippurim. Rabban Gamaliel rose and kissed him on his head and said to him: Come in peace, my teacher and my student my teacher in wisdom and my student because you have accepted my decision.

Chapter 3

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 days). If the court alone saw it, two of them should stand up and testify before them, and then they can say, “Sanctified, 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.
All shofars may be used except for that of a cow, because it is a keren. Rabbi Yose said: Are not all shofars called keren as it says, “When they make a long blast with the ram’s keren [horn]?” (Joshua 6:5).
The shofar used on Rosh Hashanah was that of an ibex, straight, and its mouth was overlaid with gold. 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.
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. A short blast was made with the shofars and a long one with the trumpets, because the mitzvah of the day is with trumpets.
The Jubilee is the same as Rosh Hashanah when it comes to blowing [the shofar] and blessings. Rabbi Judah says: on Rosh Hashanah they blow with [a shofar of] rams and on Jubilees with [a shofar] of ibex.
A shofar which has split and then he stuck it together is not valid. If he stuck together fragments of shofars, it is not valid. 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.
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. 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 intention), 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.
“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. 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. 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.

Chapter 4

If Yom Tov of Rosh Hashanah fell on Shabbat, they would blow the shofar in the Temple but not in the country. After the destruction of the Temple, Rabban Yohanan ben Zakai decreed that it should be blown [on Shabbat] in every place where there was a court. Rabbi Eliezer said: Rabban Yohanan ben Zakai decreed for Yavneh only. They said to him: both Yavneh and any place where there is a court.
There was another way in which Jerusalem was greater than Yavneh, that in every city which could see [Jerusalem] and hear and was near and could get to Jerusalem, they used to blow [on Shabbat], whereas in Yavneh they used to blow in the court only.
In earlier times the lulav was taken for seven days in the Temple, and in the provinces for one day only. When the temple was destroyed, Rabbi Yohanan ben Zakkai decreed that the lulav should be taken in the provinces for seven days in memory of the Temple, [He also decreed] that on the whole of the day of waving it be forbidden [to eat the new produce].
Originally they used to accept testimony with regard to the new moon during the whole day. On one occasion the witnesses were late in arriving, and the Levites went wrong in the daily hymn. They therefore decreed that testimony should be accepted only until the afternoon [sacrifice]. If witnesses came after the afternoon sacrifice that day should be kept as holy and also the next day. After the destruction of the temple Rabban Yohanan ben Zakkai decreed that testimony with regard to the new moon should be received during the whole day. Rabbi Joshua ben Korha said: this further did Rabbi Yohanan ben Zakkai decree, that not matter where the head of the court might be, the witnesses should have to go only to the place of the assembly.
The order of blessings [in the Musaf Amidah of Rosh Hashanah]:He says “patriarchs”, “powers” and the “sanctification of the name” and includes the kingship verses with them and does not blow [the shofar]. The sanctification of the day and blows [the shofar], the remembrance-verses and blows [the shofar], and the shofar-verses and blows [the shofar]. Then he says the blessing of the Temple service and “thanksgiving” and the blessing of the priests, the words of Rabbi Yohanan ben Nuri. Rabbi Akiva said to him: if he does not blow the shofar for the kingship-verses, why should he say them? Rather he says: “patriarchs”, “powers” and the “sanctification of the name” and includes the kingship verse with the sanctification of the day and blows the shofar, then he says the remembrance-verses and blows, and the shofar-verses and blows. Then he says the Temple service and “thanksgiving” and the blessing of the priest.
They do not recite less than ten kingship [verses], ten remembrance [verses], and ten shofar [verses]. Rabbi Yohanan ben Nuri says: if he said three from each set he has fulfilled his obligation. They do not mention kingship, remembrance and shofar verses of punishment. He begins with [verses] from the Torah and concludes with [verses] from the prophets. Rabbi Yose says: if he concludes with [a verse] from the Torah he has fulfilled his obligation.
The one who passes before the ark on the festival of Rosh Hashanah: the second one blows the shofar. On days when Hallel is said, the first one recites the Hallel.
[For the sake of] the shofar of Rosh Hashanah one is not allowed to go past the [Shabbat] border, nor remove a pile of rocks, nor climb a tree, nor ride on an animal, nor swim on the water. One may not cut it, neither with an instrument forbidden because of shevut, nor with an instrument forbidden by a negative commandment. But if he wants to pour wine or water into it he may do so. They need not prevent children from blowing the shofar [on Rosh Hashanah]; on the contrary, they may help them until they learn how to blow. One who is just practicing has not fulfilled his obligation, and the one hears [the blast made] by another when practicing has not fulfilled his obligation.
The order of the blasts: three sets of three each. The length of a teki’ah is equal to three teru'ahs, and the length of a teru'ah is equal to three yevavot. If one prolonged the first teki'ah so that it went directly into the second, it counts only as one. One who has blessed [recited the Amidah] and then a shofar is given to him, he sounds a teki'ah teru'ah teki'ah three times. Just as the shaliah tzibbur is obligated, so every single individual is obligated. Rabban Gamaliel says: the shaliah tzibbur (communal prayer leader) causes the whole congregation to fulfill their obligation.