Rosh Hashana 2:6 — Examining the Eidim

לפני החמה או לאחר החמה – was the concave side of the crescent of the moon directed towards the sun, inclined towards the sun or in another direction? (see Talmud Rosh Hashanah 23b) And concerning this, it is taught at the conclusion [of the Mishnah] that if he said that it was towards the side of the sun, he didn’t say anything, for never does the sun see the concave side of the crescent of the moon, for the side that is enlightened [by the sun] always is inclined towards the sun and the concave side of the moon’s crescent is inclined in another direction. בצפונה או בדרומה – For the moon distances itself from the sun – once to the northern side and once to the southern side, and if the Jewish court knew the my means of calculation that at the particular time, the moon should be at the northern side and the witnesses said that they saw it inclined towards the southern side or the opposite, it is clear that they are false witnesses. כמה היה גבוה – from the earth (i.e., on the horizon) according to what your eyes can see. If one of the witnesses says said that it was the height of two men and the other witness said [the height of] three [men], their testimony would be established. But if one said: “[the height of] three” and the other said, “[the height of] five,” their testimony would be invalid. ולאן היה נוטה – The heads of the crescent to which direction it leans – to the northern side or to the southern side. וכמה היה רחב – for the moon changes its measure according to how far it is from the sun or closed to it.

Introduction As we mentioned in yesterday’s mishnah, once the witnesses arrived in Jerusalem they were brought to Bet Yazek where the court would examine them. Our mishnah teaches how they were examined. How do they test the witnesses? The pair which arrives first, they test them first. The first pair to get there would be the first pair that would be examined first come, first serve. 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. As is usual in all court cases, they interrogate the witnesses one at a time. The examination would consist of several questions which would ascertain that the witnesses had actually seen the new moon. At the time of the new month (the molad, in Hebrew) the moon is found at sundown in the west near the sun. From that time on it goes further east away from the sun, until at the fifteenth of the month it is in the east opposite the sun. Right before the new moon it is west of the sun and it sets before the sun such that it looks as if it is “in front of the sun.” After the new month (the molad) it sets after the sun and is further from the horizon and it looks as if it is “after the sun.” Therefore, if he says that he saw it “in front of the sun,” he has not seen the new moon and his testimony is rejected. One who stands looking west at sunset, where he might see the new moon at the right time of the month has the north to his right and the south to his left. Therefore, when they ask north and south, what they mean is was the moon to the right or left of the sun. After that they would bring in the second and test him. If their accounts were the same, their evidence was accepted. If the witnesses said the same thing, then there testimony is 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]. Once two witnesses have testified, there is no need for more testimony from other witnesses. Nevertheless, the court didn’t want to just turn the rest of the pairs of witnesses away because if they did so they might not come back in the future reasoning that there was no need for their testimony. Therefore, they asked the witnesses a few questions in order to make them feel that their long trip to Jerusalem had not been in vain.

לפני החמה או לאחר החמה – meaning to say, the side that shines within it that was towards the son or the darkness that is within it that was towards the sun. And it states [in the Mishnah]: "לצפונה או לדרומה" – on account of the fact that the moon and the stars incline/lean from the path of the sun sometimes to the south and somethings to the north and it is possible that the width of of the moon would be northward at the time of its appearance and it is possible that it would be southerly. And it states [in the Mishnah]: "כמה היה גבוה" – that is to say, how much was its height above the horizen before the the sighting with the eye. ולאין היה נוטה– meaning to sya , its extremities, because ithe leaning of the inclination of the moon changes in the directions of the world according to the width of the place and the widoth of the moon and its place in the constellations. וכמה היה רחב– because the size of the moon itself changes when it renews itself in accordance with its drawing near to and its becoming distant from the sun. And the reasons for all of these changes and their knowledge, it is impossible to know them other than after knowing the kinds of many wonderous knowledge and the wisdom of astronomy and they would calculate the path of the moon in each month and know if they would see or not see it, according to what the exact calculation shows, if they knew that it would not appear, they would not rely on the words of the person who states that they saw it, for he is surely a false witness, but if they knew through the manner of the calculation that it really was possible tha tit would appear from the side of the calculation, but it is possible that that it would be hidden by the clouds, or that they heavesn were not clear, ior that that the place that they see from there is deep,and tehefore, they would not see it, and therefore we examine them if the testimony of he sees is corrrect or a lie in these matters that he mentioned, because they would calculate and know to wichi direction the moon is wife in the north or in the south, and how will be the placmeent of its extremities in the directions of the horizon, and the measurement of the brightness that one could see from it, and how much is its height according to the sion of the eye, if their testimony isappropriate to what that the calculations demonstrate, they would do acccording to their testimonyu if they were true witnesses as we have explained. But if not as for example, that they (i.e., the witnesses) said that saw it turning/diverting from the pathway of the sun to the northern side, and the width of the moon is southernly, we would know without a doubt that they are false witnesses. But you do not invalidate their testimony when they say how high it was other than if the two witnesses disputed in the measurement of its height with a large division (see Tractate Rosh Hashanah 24a). But if they all of them said that it was like ten cubits high, or that all of them said like one hundred cubits, their testimony is not contradicted through these words, because state like this measure it was its height according to the vision of tehir eyes. And as a result of these general rules that I have explained to you, they would make the viewing of the New Moon. But I am surprised about the person whoe contradicts and argues in this clear matter anad states that the Jewish religion is not built on the observation of the New Moon other than on caluclations alone, and that he believes in all of these statements, and I don’t think that a person who states this believes in it, but rather, it was his purposes in this matter to pierce his opponent in any manner that will be that won’t be in righteousness, or in righteousness since he did not find refuge from the pressure of the argumentation. And what is appropriate that you believe is that the essence of our religion is built upon the visual,but if the New Moon is not seen, we complete thirty days for the month that is departing, and the language of the Mishnah and the Talmud and the many stories that occurred in this matter over the course of all the years testify to the truth of this matter. God stated (Exodus 12:2): “This month shall mark the beginningn of the months,” and the it comes in the true accepted tradition that teaches that the Holy One, blessed be He showed Moses the image of the moon and said to him: (see Tractate Rosh Hashanah 20a and the Mekhilta) “see like this and sanctify it.” And they would not rely on calculations other than in order to know if it (i.e., the New Moon) appeared or did not appeared as I have explained to you, not that they should rely upon the calculations alone and make the New Moon according to the calculations if it obligatgs that it appeared, and the secret of the intercalation that the Holy One, blessed be He transmitted to Moses at Sinai (see Tractate Shabbat 75a according to the version of the Tosafot in Tractate Ketubot 111a, s.v., שלא and see the eighth chapter of Pirke D’Rabbi Eliezer) this is the order of the calculation that it is possible to know the difficult measurement of exact viewing/sighting, for the masters of astronomy from all the nations and also the philosophers are divided regarding this until now and beyond. And it is not clear to them its exact measure, and this calculation that is in our hands today is part of that same calculation and its introduction , which is not other than that a collected calculation of the average sun and moon alone, and I will explain to you in a special document this matter that is in our hands and what is its purposs in clear sightings that will not contradict them but rather whomever that we are able to djudge favorably if it is stated is not known, beause most people and perhaps all of them don’t’ know antyhing othetr than the summery total alone, meaning to say, to refine numbers upon numbers an those who think that they have already attained great knownledge, but they don’t know this neither the matter nor the purpose if it is suitable for seeing or not. And when it will be explained to another of the wifse people tha tit is not approprioate for sighting at all, it comes to be a contradiction of clear things and he states that we don’t do it through sighting and the essence is the Torah calculation. But a disagreement did not fall betwween people and they contradicted the truth, but rather on account of the lack of knowledge. And he would not undestand this value of what we stated and and raised in these small things that preceded, and not what we will explain in that document that we will compose, but rather that a religious person and a person of faith and will to know the truth and does not deceive himself, and the condition that we have aalreday validated himself for many years with those studies that make a person fit until he reaches from them an important knowledge, and if not, my words will be in his hands (Proverbs 17:16): “ like money in the hand of a fool.”