The two mishnayot on today’s daf TB Rosh Hashana 23 explains the procedure in which the Jerusalem court examined the witnesses who have come forward testifying that they saw the new moon.
“MISHNA: There was a large
courtyard in Jerusalem, which was called Beit Ya’zek. And there all the
witnesses coming to testify about the new moon would gather, and the court of
seventy-one judges would examine them there. And they would prepare
great feasts for them, so that they would be willing and accustomed to
coming and submitting their testimony.
“Initially, when witnesses would arrive on Shabbat
from a distant place, they would not move from there all day, as they
had left their Shabbat limit, and it was consequently prohibited for them to
walk more than four cubits in any direction once they had completed their
mission. Concerned that this limitation would discourage witnesses from coming,
Rabban Gamliel the Elder instituted that the witnesses be
permitted to walk two thousand cubits in each direction.” (Sefaria.org
translation)
You
should know that every translation is a commentary. Sefaria’s translation is
based on Rabbi Adin Steinsaltz’s translation of our Gemara. He is following
Rashi’s and Rabbi Ovadia Bartenura’s understanding that the Mishna discusses
the case when the witnesses came on Shabbat. We’ve previously learned that
witnesses are permitted to travel beyond the Shabbat limit in order to testify
that they saw the new moon. Rambam and the Meiri holds that the witnesses
followed this procedure no matter what the day of the week they arrived and
remained in the Beit Ya’zek until the
conclusion of their testimony.
To ascertain whether the
witnesses were telling the truth in all court cases, the judges would examine the
witnesses. The Jerusalem court specialized in setting the calendar. To make
sure that the witnesses actually saw the new moon, they asked them a series of astronomical
questions. “MISHNA: How do they examine the witnesses who come to testify about the new
moon? They deal with them in order, as the pair of witnesses that
arrives first they examine first. They bring in the greater of the two
witnesses, and they say to him: Say how you saw the moon. Was it in
front of the sun or behind the sun? To its north or to its south? How high was
the moon over the horizon, and in which direction did it tilt? And how wide
was it? If, for example, he said that he saw the moon in
front of the sun, he has not said anything of substance, as this is
impossible and therefore he is either mistaken or lying.
“And after they finish hearing the first witness’s testimony, they would bring in
the second witness and examine him in a similar manner. If their
statements match, their testimony is accepted and the court sanctifies the
New Moon. And the court then asks all the other pairs of
witnesses certain general matters, without probing into all the details.
They do this not because they require the additional testimony, but
so that the witnesses should not leave disappointed, and so that
the witnesses should be accustomed to coming to testify, and will not
hesitate to come the next time, when they might be needed.” (Sefaria.org translation) Some commentators explain that
the court just wanted to see whether both witness’s testimony are correct and found
to be in agreement.
Rambam explained the procedure differently. “The court employs methods of calculation similar to those used by astronomers, ascertaining whether the new moon of the forthcoming month will be seen to the north or to the south of the sun, whether it will be wide or narrow, and in which direction the tips of the horns will point. When the witnesses arrive to testify, the court examines them: Where did you see the new moon, to the north or to the south? In which direction did its horns point? How high was its altitude, in the estimate of your eyes, and how wide its latitude? If their evidence has been found to conform with the results of astronomical calculation, it is accepted; but if it has been found not to conform, it is rejected…. The evidence concerning the new moon is accepted in this fashion: Anyone who is qualified to bear witness comes to the courthouse after seeing the new moon. Then the court assembles them all to one place; they are entertained generously with large meals, so that people may make it their habit to come. The first pair of witnesses to arrive are examined first, as we have described. The elder of the two witnesses is brought in and questioned. If his testimony is found to correspond to the data of calculation, the other one is called in. If both testimonies are found to be in agreement, their evidence is declared valid. The other pairs of witnesses are asked only a few main questions, not because their testimony is needed, but that they should not go away disappointed at not being asked, and that they may make it their habit to come.” (Mishneh Torah, Hilkhot Zemanim, chapter 2, Halakha 4 and 7, Sefaria.org translation)
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