Challenges in Keeping Jewish Time: Communal Calendar and Private Shabbat - Shavuot 5782

(א) וַיֹּ֤אמֶר יְהֹוָה֙ אֶל־מֹשֶׁ֣ה וְאֶֽל־אַהֲרֹ֔ן בְּאֶ֥רֶץ מִצְרַ֖יִם לֵאמֹֽר׃ (ב) הַחֹ֧דֶשׁ הַזֶּ֛ה לָכֶ֖ם רֹ֣אשׁ חֳדָשִׁ֑ים רִאשׁ֥וֹן הוּא֙ לָכֶ֔ם לְחׇדְשֵׁ֖י הַשָּׁנָֽה...

(1) יהוה said to Moses and Aaron in the land of Egypt: (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. (3) Speak to the community leadership of Israel and say that on the tenth of this month each of them shall take a lamb to a family, a lamb to a household. (4) But if the household is too small for a lamb, let it share one with a neighbor who dwells nearby, in proportion to the number of persons: you shall contribute for the lamb according to what each household will eat. (5) Your lamb shall be without blemish, a yearling male; you may take it from the sheep or from the goats. (6) You shall keep watch over it until the fourteenth day of this month; and all the assembled congregation of the Israelites shall slaughter it at twilight. (7) They shall take some of the blood and put it on the two doorposts and the lintel of the houses in which they are to eat it. (8) They shall eat the flesh that same night; they shall eat it roasted over the fire, with unleavened bread and with bitter herbs. (9) Do not eat any of it raw, or cooked in any way with water, but roasted—head, legs, and entrails—over the fire. (10) You shall not leave any of it over until morning; if any of it is left until morning, you shall burn it. (11) This is how you shall eat it: your loins girded, your sandals on your feet, and your staff in your hand; and you shall eat it hurriedly: it is a passover offering to יהוה. (12) For that night I will go through the land of Egypt and strike down every [male] first-born in the land of Egypt, both human and beast; and I will mete out punishments to all the gods of Egypt, I יהוה. (13) And the blood on the houses where you are staying shall be a sign for you: when I see the blood I will pass over you, so that no plague will destroy you when I strike the land of Egypt. (14) This day shall be to you one of remembrance: you shall celebrate it as a festival to יהוה throughout the ages; you shall celebrate it as an institution for all time. (15) Seven days you shall eat unleavened bread; on the very first day you shall remove leaven from your houses, for whoever eats leavened bread from the first day to the seventh day, that person shall be cut off from Israel. (16) You shall celebrate a sacred occasion on the first day, and a sacred occasion on the seventh day; no work at all shall be done on them; only what every person is to eat, that alone may be prepared for you. (17) You shall observe the [Feast of] Unleavened Bread, for on this very day I brought your ranks out of the land of Egypt; you shall observe this day throughout the ages as an institution for all time. (18) In the first month, from the fourteenth day of the month at evening, you shall eat unleavened bread until the twenty-first day of the month at evening. (19) No leaven shall be found in your houses for seven days. For whoever eats what is leavened, that person—whether a stranger or a citizen of the country—shall be cut off from the community of Israel. (20) You shall eat nothing leavened; in all your settlements you shall eat unleavened bread. (21) Moses then summoned all the elders of Israel and said to them, “Go, pick out lambs for your families, and slaughter the passover offering. (22) Take a bunch of hyssop, dip it in the blood that is in the basin, and apply some of the blood that is in the basin to the lintel and to the two doorposts. None of you shall go outside the door of your house until morning. (23) For יהוה, when going through to smite the Egyptians, will see the blood on the lintel and the two doorposts, and יהוה will pass over the door and not let the Destroyer enter and smite your home. (24) “You shall observe this as an institution for all time, for you and for your descendants. (25) And when you enter the land that יהוה will give you, as promised, you shall observe this rite. (26) And when your children ask you, ‘What do you mean by this rite?’ (27) you shall say, ‘It is the passover sacrifice to יהוה, who passed over the houses of the Israelites in Egypt when smiting the Egyptians, but saved our houses.’”Those assembled then bowed low in homage. (28) And the Israelites went and did so; just as יהוה had commanded Moses and Aaron, so they did. (29) In the middle of the night יהוה struck down all the [male] first-born in the land of Egypt, from the first-born of Pharaoh who sat on the throne to the first-born of the captive who was in the dungeon, and all the first-born of the cattle. (30) And Pharaoh arose in the night, with all his courtiers and all the Egyptians—because there was a loud cry in Egypt; for there was no house where there was not someone dead. (31) He summoned Moses and Aaron in the night and said, “Up, depart from among my people, you and the Israelites with you! Go, worship יהוה as you said! (32) Take also your flocks and your herds, as you said, and begone! And may you bring a blessing upon me also!” (33) The Egyptians urged the people on, impatient to have them leave the country, for they said, “We shall all be dead.” (34) So the people took their dough before it was leavened, their kneading bowls wrapped in their cloaks upon their shoulders. (35) The Israelites had done Moses’ bidding and borrowed from the Egyptians objects of silver and gold, and clothing. (36) And יהוה had disposed the Egyptians favorably toward the people, and they let them have their request; thus they stripped the Egyptians. (37) The Israelites journeyed from Rameses to Succoth, about six hundred thousand fighting men on foot, aside from noncombatants. (38) Moreover, a mixed multitude went up with them, and very much livestock, both flocks and herds. (39) And they baked unleavened cakes of the dough that they had taken out of Egypt, for it was not leavened, since they had been driven out of Egypt and could not delay; nor had they prepared any provisions for themselves. (40) The length of time that the Israelites lived in Egypt was four hundred and thirty years; (41) at the end of the four hundred and thirtieth year, to the very day, all the ranks of יהוה departed from the land of Egypt. (42) That was for יהוה a night of vigil to bring them out of the land of Egypt; that same night is יהוה’s, one of vigil for all the children of Israel throughout the ages. (43) יהוה said to Moses and Aaron: This is the law of the passover offering: No foreigner shall eat of it. (44) But any householder’s purchased male slave may eat of it once he has been circumcised. (45) No bound or hired laborer shall eat of it. (46) It shall be eaten in one house: you shall not take any of the flesh outside the house; nor shall you break a bone of it. (47) The whole community of Israel shall offer it. (48) If a male stranger who dwells with you would offer the passover to יהוה, all his males must be circumcised; then he shall be admitted to offer it; he shall then be as a citizen of the country. But no uncircumcised man may eat of it. (49) There shall be one law for the citizen and for the stranger who dwells among you. (50) And all the Israelites did so; as יהוה had commanded Moses and Aaron, so they did. (51) That very day יהוה freed the Israelites from the land of Egypt, troop by troop.

(ה) וְהָיָ֣ה כִֽי־יְבִיאֲךָ֣ יְהֹוָ֡ה אֶל־אֶ֣רֶץ הַֽ֠כְּנַעֲנִ֠י וְהַחִתִּ֨י וְהָאֱמֹרִ֜י וְהַחִוִּ֣י וְהַיְבוּסִ֗י אֲשֶׁ֨ר נִשְׁבַּ֤ע לַאֲבֹתֶ֙יךָ֙ לָ֣תֶת לָ֔ךְ אֶ֛רֶץ זָבַ֥ת חָלָ֖ב וּדְבָ֑שׁ וְעָבַדְתָּ֛ אֶת־הָעֲבֹדָ֥ה הַזֹּ֖את בַּחֹ֥דֶשׁ הַזֶּֽה... (י) וְשָׁמַרְתָּ֛ אֶת־הַחֻקָּ֥ה הַזֹּ֖את לְמוֹעֲדָ֑הּ מִיָּמִ֖ים יָמִֽימָה׃

(1) יהוה spoke further to Moses, saying, (2) “Consecrate to Me every male first-born; human and beast, the first [male] issue of every womb among the Israelites is Mine.” (3) And Moses said to the people,“Remember this day, on which you went free from Egypt, the house of bondage, how יהוה freed you from it with a mighty hand: no leavened bread shall be eaten. (4) You go free on this day, in the month of Abib. (5) So, when יהוה has brought you into the land of the Canaanites, the Hittites, the Amorites, the Hivites, and the Jebusites, which was sworn to your fathers to be given you, a land flowing with milk and honey, you shall observe in this month the following practice: (6) “Seven days you shall eat unleavened bread, and on the seventh day there shall be a festival of יהוה. (7) Throughout the seven days unleavened bread shall be eaten; no leavened bread shall be found with you, and no leaven shall be found in all your territory. (8) And you shall explain to your child on that day, ‘It is because of what יהוה did for me when I went free from Egypt.’ (9) “And this shall serve you as a sign on your hand and as a reminder on your forehead —in order that the Teaching of יהוה may be in your mouth—that with a mighty hand יהוה freed you from Egypt. (10) You shall keep this institution at its set time from year to year. (11) “And when יהוה has brought you into the land of the Canaanites, as [God] swore to you and to your fathers, and has given it to you, (12) you shall set apart for יהוה every first issue of the womb: every male firstling that your cattle drop shall be יהוה’s. (13) But every firstling ass you shall redeem with a sheep; if you do not redeem it, you must break its neck. And you must redeem every male first-born among your children. (14) And when, in time to come, a child of yours asks you, saying, ‘What does this mean?’ you shall reply, ‘It was with a mighty hand that יהוה brought us out from Egypt, the house of bondage. (15) When Pharaoh stubbornly refused to let us go, יהוה slew every [male] first-born in the land of Egypt, the first-born of both human and beast. Therefore I sacrifice to יהוה every first male issue of the womb, but redeem every male first-born among my children.’ (16) “And so it shall be as a sign upon your hand and as a symbol on your forehead that with a mighty hand יהוה freed us from Egypt.” (17) Now when Pharaoh let the people go, God did not lead them by way of the land of the Philistines, although it was nearer; for God said, “The people may have a change of heart when they see war, and return to Egypt.” (18) So God led the people round about, by way of the wilderness at the Sea of Reeds. Now the Israelites went up armed out of the land of Egypt. (19) And Moses took with him the bones of Joseph, who had exacted an oath from the children of Israel, saying, “God will be sure to take notice of you: then you shall carry up my bones from here with you.” (20) They set out from Succoth, and encamped at Etham, at the edge of the wilderness. (21) יהוה went before them in a pillar of cloud by day, to guide them along the way, and in a pillar of fire by night, to give them light, that they might travel day and night. (22) The pillar of cloud by day and the pillar of fire by night did not depart from before the people.

(א) שָׁמוֹר֙ אֶת־חֹ֣דֶשׁ הָאָבִ֔יב וְעָשִׂ֣יתָ פֶּ֔סַח לַיהֹוָ֖ה אֱלֹהֶ֑יךָ כִּ֞י בְּחֹ֣דֶשׁ הָֽאָבִ֗יב הוֹצִ֨יאֲךָ֜ יְהֹוָ֧ה אֱלֹהֶ֛יךָ מִמִּצְרַ֖יִם לָֽיְלָה׃

(1) Observe the month of Abib and offer a passover sacrifice to your God יהוה, for it was in the month of Abib, at night, that your God יהוה freed you from Egypt. (2) You shall slaughter the passover sacrifice for your God יהוה, from the flock and the herd, in the place where יהוה will choose to establish the divine name. (3) You shall not eat anything leavened with it; for seven days thereafter you shall eat unleavened bread, bread of distress—for you departed from the land of Egypt hurriedly—so that you may remember the day of your departure from the land of Egypt as long as you live. (4) For seven days no leaven shall be found with you in all your territory, and none of the flesh of what you slaughter on the evening of the first day shall be left until morning. (5) You are not permitted to slaughter the passover sacrifice in any of the settlements that your God יהוה is giving you; (6) but at the place where your God יהוה will choose to establish the divine name, there alone shall you slaughter the passover sacrifice, in the evening, at sundown, the time of day when you departed from Egypt. (7) You shall cook and eat it at the place that your God יהוה will choose; and in the morning you may start back on your journey home. (8) After eating unleavened bread six days, you shall hold a solemn gathering for your God יהוה on the seventh day: you shall do no work. (9) You shall count off seven weeks; start to count the seven weeks when the sickle is first put to the standing grain. (10) Then you shall observe the Feast of Weeks for your God יהוה, offering your freewill contribution according as your God יהוה has blessed you. (11) You shall rejoice before your God יהוה with your son and daughter, your male and female slave, the [family of the] Levite in your communities, and the stranger, the fatherless, and the widow in your midst, at the place where your God יהוה will choose to establish the divine name. (12) Bear in mind that you were slaves in Egypt, and take care to obey these laws. (13) After the ingathering from your threshing floor and your vat, you shall hold the Feast of Booths for seven days. (14) You shall rejoice in your festival, with your son and daughter, your male and female slave, the [family of the] Levite, the stranger, the fatherless, and the widow in your communities. (15) You shall hold a festival for your God יהוה seven days, in the place that יהוה will choose; for your God יהוה will bless all your crops and all your undertakings, and you shall have nothing but joy. (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 your God יהוה in the place that [God] will choose. They shall not appear before יהוה empty-handed, (17) but each with his own gift, according to the blessing that your God יהוה has bestowed upon you. (18) You shall appoint magistrates and officials for your tribes, in all the settlements that your God יהוה is giving you, and they shall govern the people with due justice. (19) You shall not judge unfairly: you shall show no partiality; you shall not take bribes, for bribes blind the eyes of the discerning and upset the plea of the just. (20) Justice, justice shall you pursue, that you may thrive and occupy the land that your God יהוה is giving you. (21) You shall not set up a sacred post—any kind of pole beside the altar of your God יהוה that you may make— (22) or erect a stone pillar; for such your God יהוה detests.

מַתְנִי׳ מַעֲשֶׂה שֶׁבָּאוּ שְׁנַיִם וְאָמְרוּ: רְאִינוּהוּ שַׁחֲרִית בַּמִּזְרָח, וְעַרְבִית בַּמַּעֲרָב. אָמַר רַבִּי יוֹחָנָן בֶּן נוּרִי: עֵדֵי שֶׁקֶר הֵם. כְּשֶׁבָּאוּ לְיַבְנֶה קִיבְּלָן רַבָּן גַּמְלִיאֵל. וְעוֹד, בָּאוּ שְׁנַיִם וְאָמְרוּ: רְאִינוּהוּ בִּזְמַנּוֹ, וּבְלֵיל עִיבּוּרוֹ לֹא נִרְאָה, וְקִיבְּלָן רַבָּן גַּמְלִיאֵל. אָמַר רַבִּי דּוֹסָא בֶּן הוֹרְכִּינָס: עֵדֵי שֶׁקֶר הֵן, הֵיאַךְ מְעִידִים עַל הָאִשָּׁה שֶׁיָּלְדָה וּלְמָחָר כְּרֵיסָהּ בֵּין שִׁינֶּיהָ? אָמַר לוֹ רַבִּי יְהוֹשֻׁעַ: רוֹאֶה אֲנִי אֶת דְּבָרֶיךָ. שָׁלַח לוֹ רַבָּן גַּמְלִיאֵל: גּוֹזְרַנִי עָלֶיךָ שֶׁתָּבֹא אֶצְלִי בְּמַקֶּלְךָ וּבִמְעוֹתֶיךָ בְּיוֹם הַכִּפּוּרִים שֶׁחָל לִהְיוֹת בְּחֶשְׁבּוֹנֶךָ. הָלַךְ וּמְצָאוֹ רַבִּי עֲקִיבָא מֵיצֵר, אָמַר לוֹ: יֵשׁ לִי לִלְמוֹד שֶׁכׇּל מַה שֶּׁעָשָׂה רַבָּן גַּמְלִיאֵל עָשׂוּי, שֶׁנֶּאֱמַר: ״אֵלֶּה מוֹעֲדֵי ה׳ מִקְרָאֵי קֹדֶשׁ אֲשֶׁר תִּקְרְאוּ אֹתָם״, בֵּין בִּזְמַנָּן בֵּין שֶׁלֹּא בִּזְמַנָּן — אֵין לִי מוֹעֲדוֹת אֶלָּא אֵלּוּ. בָּא לוֹ אֵצֶל רַבִּי דּוֹסָא בֶּן הוֹרְכִּינָס, אָמַר לוֹ: אִם בָּאִין אָנוּ לָדוּן אַחַר בֵּית דִּינוֹ שֶׁל רַבָּן גַּמְלִיאֵל, צְרִיכִין אָנוּ לָדוּן אַחַר כׇּל בֵּית דִּין וּבֵית דִּין שֶׁעָמַד מִימוֹת מֹשֶׁה וְעַד עַכְשָׁיו. שֶׁנֶּאֱמַר: ״וַיַּעַל מֹשֶׁה וְאַהֲרֹן נָדָב וַאֲבִיהוּא וְשִׁבְעִים מִזִּקְנֵי יִשְׂרָאֵל״, וְלָמָּה לֹא נִתְפָּרְשׁוּ שְׁמוֹתָן שֶׁל זְקֵנִים? אֶלָּא לְלַמֵּד שֶׁכׇּל שְׁלֹשָׁה וּשְׁלֹשָׁה שֶׁעָמְדוּ בֵּית דִּין עַל יִשְׂרָאֵל — הֲרֵי הוּא כְּבֵית דִּינוֹ שֶׁל מֹשֶׁה. נָטַל מַקְלוֹ וּמְעוֹתָיו בְּיָדוֹ, וְהָלַךְ לְיַבְנֶה אֵצֶל רַבָּן גַּמְלִיאֵל בַּיּוֹם שֶׁחָל יוֹם הַכִּפּוּרִים לִהְיוֹת בְּחֶשְׁבּוֹנוֹ. עָמַד רַבָּן גַּמְלִיאֵל וּנְשָׁקוֹ עַל רֹאשׁוֹ, אָמַר לוֹ: בּוֹא בְּשָׁלוֹם רַבִּי וְתַלְמִידִי! רַבִּי — בְּחׇכְמָה, וְתַלְמִידִי — שֶׁקִּבַּלְתָּ אֶת דְּבָרַי.

גְּמָ׳ אָמַר לוֹ: הֲרֵי הוּא אוֹמֵר ״אֹתָם״ ״אֹתָם״ ״אֹתָם״ שָׁלֹשׁ פְּעָמִים. ״אַתֶּם״ — אֲפִילּוּ שׁוֹגְגִין, ״אַתֶּם״ — אֲפִילּוּ מְזִידִין, ״אַתֶּם״ — אֲפִילּוּ מוּטְעִין. בַּלָּשׁוֹן הַזֶּה אָמַר לוֹ: עֲקִיבָא נִחַמְתַּנִי, נִחַמְתַּנִי.

and that same day we saw the new moon in the evening in the west. Rabbi Yoḥanan ben Nuri said: They are false witnesses, as it is impossible to see the new moon so soon after the last sighting of the waning moon. However, when they arrived in Yavne, Rabban Gamliel accepted them as witnesses without concern. And there was another incident in which two witnesses came and said: We saw the new moon at its anticipated time, i.e., on the night of the thirtieth day of the previous month; however, on the following night, i.e., the start of the thirty-first, which is often the determinant of a full, thirty-day month, it was not seen. And nevertheless Rabban Gamliel accepted their testimony and established the New Moon on the thirtieth day. Rabbi Dosa ben Horkinas disagreed and said: They are false witnesses; how can witnesses testify that a woman gave birth and the next day her belly is between her teeth, i.e., she is obviously still pregnant? If the new moon was already visible at its anticipated time, how could it not be seen a day later? Rabbi Yehoshua said to him: I see the logic of your statement; the New Moon must be established a day later. Upon hearing that Rabbi Yehoshua had challenged his ruling, Rabban Gamliel sent a message to him: I decree against you that you must appear before me with your staff and with your money on the day on which Yom Kippur occurs according to your calculation; according to my calculation, that day is the eleventh of Tishrei, the day after Yom Kippur. Rabbi Akiva went and found Rabbi Yehoshua distressed that the head of the Great Sanhedrin was forcing him to desecrate the day that he maintained was Yom Kippur. In an attempt to console him, Rabbi Akiva said to Rabbi Yehoshua: I can learn from a verse that everything that Rabban Gamliel did in sanctifying the month is done, i.e., it is valid. As it is stated: “These are the appointed seasons of the Lord, sacred convocations, which you shall proclaim in their season” (Leviticus 23:4). This verse indicates that whether you have proclaimed them at their proper time or whether you have declared them not at their proper time, I have only these Festivals as established by the representatives of the Jewish people. Rabbi Yehoshua then came to Rabbi Dosa ben Horkinas, who said to him: If we come to debate and question the rulings of the court of Rabban Gamliel, we must debate and question the rulings of every court that has stood from the days of Moses until now. As it is stated: “Then Moses went up, and Aaron, Nadav and Avihu, and seventy of the Elders of Israel” (Exodus 24:9). But why were the names of these seventy Elders not specified? Rather, this comes to teach that every set of three judges that stands as a court over the Jewish people has the same status as the court of Moses. Since it is not revealed who sat on that court, apparently it is enough that they were official judges in a Jewish court. When Rabbi Yehoshua heard that even Rabbi Dosa ben Horkinas maintained that they must submit to Rabban Gamliel’s decision, he took his staff and his money in his hand, and went to Yavne to Rabban Gamliel on the day on which Yom Kippur occurred according to his own calculation. Upon seeing him, Rabban Gamliel stood up and kissed him on his head. He said to him: Come in peace, my teacher and my student. You are my teacher in wisdom, as Rabbi Yehoshua was wiser than anyone else in his generation, and you are my student, as you accepted my statement, despite your disagreement. GEMARA: It is taught in a baraita that Rabban Gamliel said to the Sages, in explanation of his opinion that it is possible for the new moon to be visible so soon after the last sighting of the waning moon: This is the tradition that I received from the house of my father’s father: Sometimes the moon comes by a long path and sometimes it comes by a short one. Rabbi Yoḥanan said: What is the reason for the opinion of the house of Rabbi Yehuda HaNasi, i.e., the house of the heads of the Great Sanhedrin, the source of Rabban Gamliel’s ruling? As it is written: “Who appointed the moon for seasons; the sun knows its going down” (Psalms 104:19). This verse indicates that it is only the sun that knows its going down, i.e., its seasons and the times that it shines are the same every year. In contrast, the moon does not know its going down, as its course is not identical every month. § The Gemara relates that Rabbi Ḥiyya once saw the waning moon standing in the sky on the morning of the twenty-ninth of the month. He took a clump of earth and threw it at the moon, saying: This evening we need to sanctify you, i.e., the new moon must be visible tonight so that we may declare the thirtieth of the month as the New Moon, and you are still standing here? Go and cover yourself for now, so that the new moon will be seen only after nightfall. The Gemara further relates that Rabbi Yehuda HaNasi once said to Rabbi Ḥiyya: Go to a place called Ein Tav and sanctify the New Moon there, and send me a sign that you have sanctified it. The sign is: David, king of Israel, lives and endures. The Sages taught in a baraita: Once the sky was covered with clouds, and the form of the moon was visible on the twenty-ninth of the month. The people thought to say that the day was the New Moon, and the court sought to sanctify it. However, Rabban Gamliel said to them: This is the tradition that I received from the house of my father’s father: The monthly cycle of the renewal of the moon takes no less than twenty-nine and a half days, plus two-thirds of an hour, plus seventy-three of the 1,080 subsections of an hour. The baraita continues: And on that day the mother of the Sage ben Zaza died, and Rabban Gamliel delivered a great eulogy on her behalf. He did this not because she was worthy of this honor; rather, he eulogized her so that the people would know that the court had not sanctified the month, as eulogies are prohibited on the New Moon. § The mishna taught that Rabbi Akiva went and found him distressed that the head of the Great Sanhedrin was forcing him to desecrate the day that he maintained was Yom Kippur. A dilemma was raised before the Sages: Who was distressed? Was Rabbi Akiva distressed or was Rabbi Yehoshua distressed? The Gemara answers: Come and hear, as it is taught in a baraita: Rabbi Akiva went and found Rabbi Yehoshua in a state of distress, and he said to him: My teacher, for what reason are you distressed? Rabbi Yehoshua said to him: Rabbi Akiva, it is fitting for one to fall sick in bed for twelve months, rather than to have this decree issued against him that he should have to desecrate Yom Kippur. Rabbi Akiva said to him: My teacher, allow me to say before you one matter that you yourself once taught me. He said to him: Speak. He said to him: It states with respect to the Festivals: “The appointed seasons of the Lord, which you shall proclaim them [otam] to be sacred convocations (Leviticus 23:2). And it is written: “These are the appointed seasons of the Lord, sacred convocations; you shall proclaim them [otam] in their season” (Leviticus 23:4). And it is written: “These are the appointed seasons of the Lord; you shall proclaim them [otam] to be sacred convocations” (Leviticus 23:37). Three times the verses use the term: Them [otam], which can also be read as you [atem], in plural. This comes to teach: You [atem] are authorized to determine the date of the new month, even if you unwittingly establish the New Moon on the wrong day; you, even if you do so intentionally; you, even if you are misled by false witnesses. In all cases, once the court establishes the day as the New Moon, it is sanctified, and God grants His consent. After hearing this, Rabbi Yehoshua said to him in these words: Akiva, you have consoled me; you have consoled me. § The mishna taught that Rabbi Yehoshua next came to Rabbi Dosa ben Horkinas, who proved to him that the court of Rabban Gamliel has the same legal status as the court of Moses. The Sages taught in a baraita: Why were the names of these seventy Elders who sat together with Moses on his court not specified? The reason is so that a person not say: Is so-and-so the judge in my time, like Moses and Aaron? Is so-and-so like Nadav and Avihu? Is so-and-so like Eldad and Medad? Therefore, the names of the other elders were not specified, so that there is no way of knowing the qualifications of the elders in the time of Moses to compare them to later judges. And similarly it says: “And Samuel said to the people: It is the Lord Who made Moses and Aaron” (I Samuel 12:6). And it says further: “And the Lord sent Jerubaal and Bedan and Jephthah and Samuel” (I Samuel 12:11). The Gemara explains: Jerubaal, this is Gideon. And why is he called Jerubaal? The reason is that he waged a quarrel against Baal. Bedan, this is Samson. And why is he called Bedan? As he came from the tribe of Dan. Jephthah, in accordance with its regular meaning, i.e., this is referring to Jephthah himself and is not a nickname.

[יג] החדש הזה לכם (שמות יב:ב), מסור הוא לכם. א"ר יהושע בן לוי למלך שהיה לו אורלוגין, וכיון שעמד בנו מסר לו אורולוגין שלו... א"ר אחא למלך שהיתה לו טבעת, וכיון שעמד בנו מסר לו את טבעתו... א"ר חייא בר אבא לנגר שהיו לו כלי אומנות, וכיון שעמד בנו מסר לו כלי אומנותו...

תני ר' הושעיה גזרו בית דין למטן ואמרו היום ראש השנה, א' הקב"ה למלאכי השרת העמידו בימה, ויעמדו סניגורין ויעמדו סקיפטורין שגזרו בית דין למטן ואמרו היום ראש השנה. נשתהו העדים מלבא או שנמלכו בית דין לעבר את השנה למחר, הקב"ה אומר למלאכי השרת העבירו בימה, ויעבירו סניגורין ויעבירו סקיפטורין שגזרו בית דין למטן ואמרו למחר ראש השנה... ר' קריספא בשם ר' יוחנן לשעבר, אלה מועדי י"י (שם), מיכן והילך, אשר תקראו אותם (שם) – אמ' להם אם קריתם אתם מועדיי, ואם לאו אינם מועדיי.

חָדְשֵׁי הַשָּׁנָה הֵם חָדְשֵׁי הַלְּבָנָה שֶׁנֶּאֱמַר (במדבר כח יד) "עלַת חֹדֶשׁ בְּחָדְשׁוֹ" וְנֶאֱמַר (שמות יב ב) "הַחֹדֶשׁ הַזֶּה לָכֶם רֹאשׁ חֳדָשִׁים". כָּךְ אָמְרוּ חֲכָמִים הֶרְאָה לוֹ הַקָּדוֹשׁ בָּרוּךְ הוּא לְמשֶׁה בְּמַרְאֵה הַנְּבוּאָה דְּמוּת לְבָנָה וְאָמַר לוֹ כָּזֶה רְאֵה וְקַדֵּשׁ. וְהַשָּׁנִים שֶׁאָנוּ מְחַשְּׁבִין הֵם שְׁנֵי הַחַמָּה שֶׁנֶּאֱמַר (דברים טז א) "שָׁמוֹר אֶת חֹדֶשׁ הָאָבִיב..."

א׳:ח׳ אֵין מְחַשְּׁבִין וְקוֹבְעִין חֳדָשִׁים וּמְעַבְּרִין שָׁנִים אֶלָּא בְּאֶרֶץ יִשְׂרָאֵל שֶׁנֶּאֱמַר (ישעיה ב ג) "כִּי מִצִּיּוֹן תֵּצֵא תוֹרָה וּדְבַר ה' מִירוּשָׁלָיִם". וְאִם הָיָה אָדָם גָּדוֹל בְּחָכְמָה וְנִסְמַךְ בְּאֶרֶץ יִשְׂרָאֵל וְיָצָא לְחוּצָה לָאָרֶץ וְלֹא הִנִּיחַ בְּאֶרֶץ יִשְׂרָאֵל כְּמוֹתוֹ הֲרֵי זֶה מְחַשֵּׁב וְקוֹבֵעַ חֳדָשִׁים וּמְעַבֵּר שָׁנִים בְּחוּצָה לָאָרֶץ... אֲבָל בִּזְמַן שֶׁאֵין שָׁם סַנְהֶדְרִין בְּאֶרֶץ יִשְׂרָאֵל אֵין קוֹבְעִין חֳדָשִׁים וְאֵין מְעַבְּרִין שָׁנִים אֶלָּא בְּחֶשְׁבּוֹן זֶה שֶׁאָנוּ מְחַשְּׁבִין בּוֹ הַיּוֹם:

ה׳:י׳׳ג זֶה שֶׁאָנוּ מְחַשְּׁבִין בַּזְּמַן הַזֶּה כָּל אֶחָד וְאֶחָד בְּעִירוֹ וְאוֹמְרִין שֶׁרֹאשׁ חֹדֶשׁ יוֹם פְּלוֹנִי וְיוֹם טוֹב בְּיוֹם פְּלוֹנִי. לֹא בַּחֶשְׁבּוֹן שֶׁלָּנוּ אָנוּ קוֹבְעִין וְלֹא עָלָיו אָנוּ סוֹמְכִין. שֶׁאֵין מְעַבְּרִין שָׁנִים וְקוֹבְעִין חֳדָשִׁים בְּחוּצָה לָאָרֶץ. וְאֵין אָנוּ סוֹמְכִין אֶלָּא עַל חֶשְׁבּוֹן בְּנֵי אֶרֶץ יִשְׂרָאֵל וּקְבִיעָתָם. וְזֶה שֶׁאָנוּ מְחַשְּׁבִין לְגַלּוֹת הַדָּבָר בִּלְבַד הוּא. כֵּיוָן שֶׁאָנוּ יוֹדְעִין שֶׁעַל חֶשְׁבּוֹן זֶה הֵן סוֹמְכִין אָנוּ מְחַשְּׁבִין לֵידַע יוֹם שֶׁקָּבְעוּ בּוֹ בְּנֵי אֶרֶץ יִשְׂרָאֵל אֵי זֶה יוֹם הוּא. וּקְבִיעַת בְּנֵי אֶרֶץ יִשְׂרָאֵל אוֹתוֹ הוּא שֶׁיִּהְיֶה רֹאשׁ חֹדֶשׁ אוֹ יוֹם טוֹב. לֹא מִפְּנֵי חֶשְׁבּוֹן שֶׁאָנוּ מְחַשְּׁבִין:

The months of the year are lunar months, as it is stated (Numbers 28:14), "the monthly burnt-offering for each new moon"; and it is [also] stated (Exodus 12:2), "This month shall be for you the beginning of the months." Thus did the Sages say: The Holy One, blessed be He, showed Moshe a likeness of the moon in a prophetic vision and said to him, "See [when] it is like this, and sanctify it (as the beginning of the month)." But the years that we calculate are solar years, as it is stated (Deuteronomy 16:1), "Guard the month of the Spring."

היא שצונו לקדש חדשים (ס"א ולחשוב חדשים) ושנים, וזו היא מצות קדוש החדש. והוא אמרו יתעלה החדש הזה לכם ראש חדשים...

ואנחנו אמנם נחשב היום שקבעו הם רוצה לומר בני ארץ ישראל בו ראש חדש, כי במלאכה הזאת בעצמה מונין וקובעין לא בראיה ועל קביעותם נסמוך לא על חשבוננו, אבל חשבוננו הוא לגלויי מילתא בעלמא, והבן זה. ואני אוסיף לך באור. אילו הנחנו דרך משל שבני ארץ ישראל יעדרו מארץ ישראל, חלילה לאל מעשות זאת כי הוא הבטיח שלא ימחה אותות האומה מכל וכל, ולא יהיה שם בית דין ולא יהיה בחוצה לארץ בית דין שנסמך בארץ, הנה חשבוננו זה לא יועילנו כלום בשום פנים, לפי שאין לנו לחשב חדשים ולעבר שנים בחוצה לארץ אלא בתנאים הנזכרים, כמו שביארנו כי מציון תצא תורה. וכשיתבונן מי שיש לו שכל שלם לשונות התלמוד בכונה הזאת יתבאר לו כל מה שאמרנוהו באור אין ספק בו.


אֵין רְאִיַּת הַיָּרֵחַ מְסוּרָה לְכָל אָדָם כְּמוֹ שַׁבַּת בְּרֵאשִׁית שֶׁכָּל אֶחָד מוֹנֶה שִׁשָּׁה וְשׁוֹבֵת בַּשְּׁבִיעִי. אֶלָּא לְבֵית דִּין הַדָּבָר מָסוּר עַד שֶׁיְּקַדְּשׁוּהוּ בֵּית דִּין וְיִקְבְּעוּ אוֹתוֹ הַיּוֹם רֹאשׁ חֹדֶשׁ הוּא שֶׁיִּהְיֶה רֹאשׁ חֹדֶשׁ. שֶׁנֶּאֱמַר (שמות יב ב) "הַחֹדֶשׁ הַזֶּה לָכֶם" עֵדוּת זוֹ תִּהְיֶה מְסוּרָה לָכֶם:

The observation of the new moon is not entrusted to every individual, as in the case of the regular weekly Sabbath where anyone may count six days and rest on the seventh, but the authority is given to the court only, to sanctify and proclaim the day as the first of the month. The day proclaimed by the court is Rosh Hodesh, as it is written: "This month shall be to you" (Exodus 12:2), implying that the evidence in this matter is surrendered to you [members of the court].

רַבָּה בַּר רַב הוּנָא אִיקְּלַע לְבֵי רֵישׁ גָּלוּתָא, פְּתַח בַּחֲדָא וְסַיֵּים בְּתַרְתֵּי. אָמַר רַב חִסְדָּא: גְּבוּרְתָּא לְמֶחְתַּם בְּתַרְתֵּי! וְהָתַנְיָא רַבִּי אוֹמֵר: אֵין חוֹתְמִין בִּשְׁתַּיִם! גּוּפָא. רַבִּי אוֹמֵר: אֵין חוֹתְמִין בִּשְׁתַּיִם. אֵיתִיבֵיהּ לֵוִי לְרַבִּי, ״עַל הָאָרֶץ וְעַל הַמָּזוֹן״! — אֶרֶץ דְּמַפְּקָא מָזוֹן. ״עַל הָאָרֶץ וְעַל הַפֵּירוֹת״! — אֶרֶץ דְּמַפְּקָא פֵּירוֹת. ״מְקַדֵּשׁ יִשְׂרָאֵל וְהַזְּמַנִּים״! — יִשְׂרָאֵל דְּקַדְּשִׁינְהוּ לִזְמַנִּים. ״מְקַדֵּשׁ יִשְׂרָאֵל וְרָאשֵׁי חֳדָשִׁים״! — יִשְׂרָאֵל דְּקַדְּשִׁינְהוּ לְרָאשֵׁי חֳדָשִׁים. ״מְקַדֵּשׁ הַשַּׁבָּת וְיִשְׂרָאֵל וְהַזְּמַנִּים״! — חוּץ מִזּוֹ.

and that, the covenant of circumcision, was given with thirteen covenants, as the word brit, covenant, appears thirteen times in the portion dealing with the circumcision of Abraham (Genesis 17:1–14). Rabbi Abba says: One must mention thanks in the blessing of thanksgiving in Grace after Meals at the beginning and the end of the blessing. And one who decreases the number of expressions of thanksgiving may not decrease their number to fewer than one, and if anyone decreases their number to fewer than one, it is reprehensible. The Gemara added that the conclusions of the blessing of the land and the blessing: Who builds Jerusalem, may also not be changed. Anyone who concludes the blessing of the land: Who bequeaths lands and concludes the blessing: Who builds Jerusalem, with the formula: Who redeems Israel, is an ignoramus, as he thereby corrupts the intention of the blessing. And anyone who does not mention covenant and Torah in the blessing of the land and the royal house of David in the blessing: Who builds Jerusalem, did not fulfill his obligation. The Gemara notes: This baraita supports the opinion of Rabbi Il’a, as Rabbi Il’a said that Rabbi Ya’akov bar Aḥa said in the name of Rabbeinu, Rabbi Yehuda HaNasi: Anyone who did not mention covenant and Torah in the blessing of the land and the royal house of David in the blessing: Who builds Jerusalem, did not fulfill his obligation. Abba Yosei ben Dostai and the Rabbis disagreed whether or not God’s sovereignty must be invoked in the blessing: Who is good and does good. One said: Who is good and does good, requires mention of God’s sovereignty, and one said: It does not require mention of God’s sovereignty. The Gemara explains: The one who said that it requires mention of God’s sovereignty holds that this blessing was instituted by the Sages, so it is not a continuation of the previous blessings. As an independent blessing, God’s sovereignty must be mentioned. The one who said that it does not require mention of God’s sovereignty holds that the obligation to recite this blessing is by Torah law. Therefore, it is a continuation of the previous blessings. The Sages taught in a baraita: With what formula does he conclude the third blessing of Grace after Meals, which discusses the building of Jerusalem? Rabbi Yosei son of Rabbi Yehuda says: He concludes it with: Who redeems Israel. This is perplexing: Is that to say that with: Who redeems Israel, yes, he concludes the blessing; with: The building of Jerusalem, no, he does not conclude the blessing? The Gemara responds: Rather, say that Rabbi Yosei son of Rabbi Yehuda said the following: One who recites the blessing concludes either with: The building of Jerusalem, or even with: Who redeems Israel. The Gemara recounts: Rabba bar Rav Huna happened to come to the house of the Exilarch. While reciting the blessing: Who builds Jerusalem in Grace after Meals, he opened with one theme: Have compassion on Jerusalem, and concluded with two themes: Both the building of Jerusalem and Who redeems Israel. Rav Ḥisda said derisively: It takes great fortitude to conclude with two themes. How could you conclude with two themes? Wasn’t it taught in a baraita that Rabbi Yehuda HaNasi says: One may not conclude with two themes? Each blessing has its own particular ending. The Gemara discusses the matter itself: Rabbi Yehuda HaNasi says: One may not conclude with two themes. Levi, his student, raised an objection to the opinion of Rabbi Yehuda HaNasi based on the standard conclusions of various blessings. The second blessing of Grace after Meals concludes: For the land and for the food. Rabbi Yehuda HaNasi explained that the conclusion to that blessing is actually a single theme: The land that produces food. Levi raised a similar objection from the blessing that concludes: For the land and for the fruit. Rabbi Yehuda HaNasi explained that there, too, it means: The land that produces fruit. Levi cited two other blessings: Who sanctifies Israel and the seasons. It means: Who sanctifies Israel, who sanctify the seasons. Who sanctifies Israel and the New Moon. It means: Who sanctifies Israel, who sanctify the New Moons. Levi cited an additional blessing that concludes with two themes, the blessing recited when Shabbat coincides with a Festival: Who sanctifies Shabbat, Israel, and the seasons. Rabbi Yehuda HaNasi answered: Except for that one. The Gemara asks: What is different about this blessing? The Gemara answers: Here, the blessing thanks God for one matter, the sanctity of the day. However, there, in the conclusion of the third blessing of Grace after Meals, the building of Jerusalem and redemption of Israel are two themes, and each one is distinct from the other. The Gemara asks: And what is the reason that one does not conclude a blessing with two themes? The Gemara responds: Because there is a general principle: One does not perform mitzvot in bundles; rather, each mitzva must have its own blessing. The Gemara has yet to arrive at a clear conclusion regarding the conclusion of the third blessing of Grace after Meals. The Gemara asks: What conclusion was reached about it? Rav Sheshet said: If he opened with: Have compassion on Your people, Israel, mentioning redemption of Israel at the start, he concludes with: Who redeems Israel; if he opened with: Have compassion on Jerusalem, he concludes with: Who builds Jerusalem. Rav Naḥman said: Even if he opened with: Have compassion on Israel, he concludes with: Who builds Jerusalem, because it is stated: “The Lord builds Jerusalem; He gathers in the exiles of Israel” (Psalms 147:2). This verse is interpreted to mean: When does God build Jerusalem? When He gathers in the exiles of Israel. The rebuilding of Jerusalem symbolizes Israel’s redemption. On a similar topic, the Gemara relates: Rabbi Zeira said to Rav Ḥisda: Let the Master come and teach Mishna. He responded: I have not yet learned Grace after Meals, and I will teach Mishna? He responded: What is this? Why do you say that you have not yet learned Grace after Meals? He said to him: I happened to come to the house of the Exilarch and recited Grace after Meals, and Rav Sheshet stiffened his neck over me like a snake, i.e., he got angry and challenged me. Rabbi Zeira asked: And why did Rav Sheshet become angry with you? He answered: I did not mention covenant, Torah, or sovereignty in Grace after Meals. Rabbi Zeira wondered: And why did you not mention those themes? He answered that he did so in accordance with the opinion that Rav Ḥananel said that Rav said, as Rav Ḥananel said that Rav said: If one does not mention covenant, Torah or sovereignty in Grace after Meals, he nevertheless fulfilled his obligation because these themes are not applicable to all of Israel. Covenant does not apply to women; Torah and sovereignty apply neither to women nor to slaves. Rabbi Zeira said to him: Rav Sheshet should have been angry with you. And you abandoned all of these tanna’im and amora’im who disagree with him, and followed Rav? Evidently, many tanna’im and amora’im hold that covenant, Torah, and sovereignty must be mentioned in the second blessing of Grace after Meals. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: The blessing: Who is good and does good, requires mention of God’s sovereignty. The Gemara asks: What is he teaching us that we did not already know? If you say that he is teaching us that any blessing that does not contain mention of God’s sovereignty is not considered a blessing, didn’t Rabbi Yoḥanan already say that halakha once? Rabbi Zeira said: Rabba bar bar Ḥana is saying that the blessing: Who is good and does good, requires two mentions of sovereignty, one for itself and one for the blessing: Who builds Jerusalem. The Gemara asks: If so, that God’s sovereignty must be mentioned a second time in the blessing: Who is good and does good, to compensate for the fact that it was not mentioned in the blessing: Who builds Jerusalem, it should require three mentions; one of its own, one for the blessing: Who builds Jerusalem, and one for the blessing of the land, in which sovereignty is also not mentioned. Rather, in the blessing of the land, what is the reason that sovereignty is not mentioned? Because it is a blessing juxtaposed to another preceding blessing. Who builds Jerusalem, should also not require its own mention of God’s sovereignty, as it is a blessing juxtaposed to another preceding blessing. The Gemara responds: The same is true even with regard to the blessing: Who builds Jerusalem, that it does not require mention of sovereignty. However, since he mentioned the royal house of David in the blessing, it would not be proper if he did not mention God’s sovereignty as well. On the other hand, Rav Pappa said: The blessing: Who is good and does good, requires two mentions of sovereignty besides its own; one to compensate for its lack of mention in the blessing: Who builds Jerusalem, and one for the blessing of the land. The Gemara recounts: Rabbi Zeira sat behind Rav Giddel in the study hall, and Rav Giddel sat before Rav Huna, and he sat and he said: One who erred and did not mention the formula for Shabbat in Grace after Meals, says the following abridged version instead: Blessed…Who gave Shabbatot for rest to His people Israel with love, as a sign and a covenant; Blessed…Who sanctifies the Shabbat. Rav Huna said to him: Who said this halakha? He answered: Rav. Again Rav Giddel sat and said: One who erred and did not mention the formula for Festivals in Grace after Meals, says: “Blessed…Who gave Festivals to His people Israel for joy and for commemoration; Blessed…Who sanctifies Israel and the seasons.” Rav Huna said to him: Who said this halakha? He answered: Rav. Again Rav Giddel sat and said: If one erred and did not mention the New Moon, he says: “Blessed…Who gave the New Moon to His people Israel for commemoration. Rabbi Zeira, who related this incident, said: I do not know whether he mentioned joy in the formula or whether he did not mention joy, whether he concluded this formula with a blessing as he did in the parallel formulas for Shabbat and Festivals or if he did not conclude it with a blessing; and whether this halakha is his or whether it is his teacher Rav’s statement. The Gemara relates: Giddel bar Manyumi was standing before Rav Naḥman, Rav Naḥman erred and did not mention the special formula for Shabbat in Grace after Meals,
על התורה ועל הנביאים ועל יום פלוני הקדוש הזה אשר נתת לנו יי׳ אלהינו לקדושה ולמנוחה לכבוד ולתפארת על הכל ה׳ אלהינו אנו מודים לך ומברכים את שמך תמיד אלהי ישענו ברוך אתה ה' מקדש ישראל ויום פלוני חוץ משבת שאינו מזכיר בחתימה ישראל אלא מקדש השבת בלבד שהשבת קדמה לישראל כדכתיב (שמות ל״א:י״ז) כי ששת ימים עשה ה' את השמים ואת הארץ וביום השביעי שבת וינפש ואומר (שם טז) ראו כי ה׳ נתן לכם (את) השבת שהיתה כבר:
‘For the Torah, [for the divine service], for the prophets and for this holy … which Thou, O Lord our God, hast given us for holiness and for rest, for honour and for glory. For all these things, O Lord our God, we thank Thee, and continually bless Thy name, O God of our salvation. Blessed art Thou, O Lord, Who sanctifiest Israel and such and such a day.’
An exception is made on the Sabbath when ‘Israel’ is not mentioned in the conclusion but only ‘Who sanctifiest the Sabbath’; because the Sabbath preceded Israel, as it is written, For in six days the Lord made heaven and earth, and on the seventh day He ceased from work and rested, and it is further said, See that the Lord hath given you the sabbath, which implies that the Sabbath had already been in existence.

אָמַר רַב הוּנָא: הָיָה מְהַלֵּךְ בַּדֶּרֶךְ אוֹ בַּמִּדְבָּר וְאֵינוֹ יוֹדֵעַ אֵימָתַי שַׁבָּת, מוֹנֶה שִׁשָּׁה יָמִים וּמְשַׁמֵּר יוֹם אֶחָד. חִיָּיא בַּר רַב אוֹמֵר: מְשַׁמֵּר יוֹם אֶחָד, וּמוֹנֶה שִׁשָּׁה. בְּמַאי קָמִיפַּלְגִי — מָר סָבַר כִּבְרִיָּיתוֹ שֶׁל עוֹלָם, וּמָר סָבַר כְּאָדָם הָרִאשׁוֹן... אָמַר רָבָא: בְּכָל יוֹם וָיוֹם עוֹשֶׂה לוֹ כְּדֵי פַרְנָסָתוֹ [בַּר מֵהָהוּא יוֹמָא]. וְהָהוּא יוֹמָא לֵימוּת?! דְּעָבֵיד מֵאֶתְמוֹל שְׁתֵּי פַרְנָסוֹת. וְדִילְמָא מֵאֶתְמוֹל שַׁבָּת הֲוַאי! אֶלָּא כָּל יוֹם וָיוֹם עוֹשֶׂה לוֹ פַּרְנָסָתוֹ, אֲפִילּוּ הָהוּא יוֹמָא. וְהָהוּא יוֹמָא בְּמַאי מִינְּכַר לֵיהּ? בְּקִידּוּשָׁא וְאַבְדָּלְתָּא.

Therefore, Abaye teaches us that this is not so. The Gemara raises an objection from a baraita: What is an unwitting violation of an oath on a statement relating to the past? What is an example of one who unwittingly swore falsely with regard to an incident that occurred in the past? It cannot be a case where he forgot the incident, as in that case he is exempt from bringing an offering. It is a case where if he said: I know that taking this false oath is prohibited, but I do not know whether or not one is liable to bring an offering for swearing falsely, he is liable to bring an offering for an unwitting transgression. Apparently, with regard to an oath on a statement, unwitting with regard to the sacrifice renders the action unwitting. The Gemara rejects this: In accordance with whose opinion is this mishna? It is the opinion of Munbaz. In his opinion, one who commits a transgression while unaware whether or not one is liable to bring an offering if he performs that transgression unwittingly is considered to have performed the transgression unwittingly. There is another version of the discussion of Abaye’s statement where, after quoting the halakha with regard to an oath on a statement, the question was raised: In accordance with whose opinion is this mishna? If you say it is in accordance with the opinion of Munbaz, that is obvious: Now, if throughout the entire Torah where there is no novelty in the obligation to bring an offering, he said that unwitting with regard to an offering is considered unwitting; here, where there is a novelty and the offering in the case of an oath on a statement is more significant than other sin-offerings, certainly unwitting with regard to the offering should be considered unwitting. Rather, is it not the opinion of the Rabbis, and this is a conclusive refutation of the opinion of Abaye? The Gemara concludes: Indeed, it is a conclusive refutation. And Abaye said: Everyone agrees with regard to teruma that one is only liable to add a payment of one-fifth the value of the teruma for eating it unwittingly if he is unwitting with regard to its prohibition. The Gemara asks: To whose opinion is Abaye referring in the phrase: Everyone agrees? Certainly, it is the opinion of Rabbi Yoḥanan. Even though, in general, he holds that unwitting with regard to karet is sufficient to render the action unwitting, the case of teruma is different. The Gemara asks: In the case of teruma, it is obvious that he would agree. When Rabbi Yoḥanan says that one need not be unwitting with regard to the prohibition, it is in a case where there is a prohibition punishable by karet; however, here, where there is no punishment of karet, Rabbi Yoḥanan would not say so. The Gemara answers that nonetheless Abaye introduced a novel element: Lest you say that since one who intentionally eats teruma is subject to death at the hand of Heaven, perhaps death stands in place of karet. And where he was unwitting with regard to the punishment of death for this sin, he should also be liable to pay the added fifth as one who performed the transgression unwittingly because his case is analogous to one who is considered unwitting due to lack of awareness of karet. Therefore, Abaye teaches us that it is not so. Rava said: Indeed, death stands in place of karet and the added one-fifth stands in place of a sacrifice. One who is unwitting with regard to death at the hand of Heaven and the added fifth has the same legal status as one who is unwitting with regard to karet and an offering. Rav Huna said: One who was walking along the way or in the desert, and he does not know when Shabbat occurs, he counts six days from the day that he realized that he lost track of Shabbat and then observes one day as Shabbat. Ḥiyya bar Rav says: He first observes one day as Shabbat and then he counts six weekdays. The Gemara explains: With regard to what do they disagree? One Sage, Rav Huna, held: It is like the creation of the world, weekdays followed by Shabbat. And one Sage, Ḥiyya bar Rav, held: It is like Adam, the first man, who was created on the sixth day. He observed Shabbat followed by the six days of the week. The Gemara raises an objection to the opinion of Ḥiyya bar Rav from a baraita: If a person was walking along the way and does not know when Shabbat occurs, he observes one day for every six. What, does this not mean that he counts six and then observes one day in accordance with the opinion of Rav Huna? The Gemara rejects this: No, it could also mean that he observes one day and then counts six. The Gemara asks: If so, if that is what the baraita meant, why employ the phrase: He observes one day for six? It should have stated: He observes one day and counts six. And furthermore, it was taught in a baraita: If one was walking along the way or was in the desert, and he does not know when Shabbat occurs, he counts six days and observes one day. That is a conclusive refutation of the opinion of Rabbi Ḥiyya bar Rav. The Gemara concludes: Indeed, it is a conclusive refutation of the opinion of Ḥiyya bar Rav. Rava said: The person who lost track of Shabbat and treats one day a week as Shabbat, each day he makes enough food to sustain himself, except for that day which he designated as Shabbat. The Gemara asks: And on that day let him die? Rather, it means that the day before he makes twice the amount of food that he prepared on the other days to sustain him for that day and the following day. The Gemara asks: And perhaps the day before was actually Shabbat? In that case, not only did he perform labor on Shabbat, but he also performed labor on Shabbat in preparation for a weekday. Rather, on each and every day he makes enough food to sustain himself for that day, including on that day that he designated as Shabbat. And if you ask: And how is that day which he designated as Shabbat distinguishable from the rest? It is distinguishable by means of the kiddush and the havdala that he recites on that day. Rava said: If he had partial knowledge of the day on which he left, i.e., he does not recall what day of the week it was but he does recall the number of days that passed since he left, every week he can perform labor throughout the day of his departure, since he certainly did not leave his house on Shabbat. The Gemara asks: That is obvious, and what novel element was introduced here? The Gemara answers: Lest you say, since he did not leave on Shabbat, he also did not leave on Friday, and this person, even if he left on Thursday, should be permitted to perform labor for two days, the eighth day and the ninth day from his departure, the same day of the week that he left and the following day. Therefore, Rava teaches us that at times one finds a convoy and happens to leave on a journey even on Friday. Therefore, he is not permitted to perform labor on the day of the week following the day of his departure. We learned in the mishna that there is a difference in halakha between one who knows the essence of Shabbat and one who does not know it. The Gemara asks: From where in the Torah are these matters derived? Rav Naḥman said that Rabba bar Avuh said: Two verses are written. One states: “And the children of Israel observed the Shabbat, to perform the Shabbat through their generations, an everlasting covenant” (Exodus 31:16). And it is written: “And you shall observe My Shabbatot and you shall revere My Sanctuary, I am God” (Leviticus 26:2). How is it that Shabbat is in the singular in one verse, while in the other it is in the plural [Shabbatot]? It should be understood as follows: “And the children of Israel observed the Shabbat”: One observance for multiple Shabbatot. If one commits several transgressions, in certain cases he is only liable to bring one sacrifice. “And you shall observe My Shabbatot”: One observance for each and every Shabbat. In certain cases, one is liable to bring a sin-offering for each time that he unwittingly desecrated Shabbat. Rav Naḥman bar Yitzḥak strongly objects: On the contrary, the opposite is reasonable. “And the children of Israel observed the Shabbat”: One observance for each and every Shabbat. “And you shall observe My Shabbatot”: One observance for multiple Shabbatot. In any case, Rav Naḥman bar Yitzḥak also holds that the halakha of our mishna is derived from comparing and contrasting these two verses. We learned in the mishna that there is a difference between one who is aware that the day is Shabbat and performs labor and one who forgets the essence of Shabbat and performs prohibited labors.

בקדושתא ואבדלתא - לזכרון בעלמא שיהא לו שם יום חלוק משאר ימים ולא תשתכח שבת ממנו:

שאלת ממני אודיעך דעתי בענין השבת כי יש חילק גדול בין השוכנים במזרח לשוכנים במערב ונמצא שמה שהוא לאלו שבת הוי לאלו חול:

תשובה דע כי שאלה זו נבוכו בה רבים ונכבדים אבל אודיעך דעתי בה דע כי השבת נמסרה לכל אחד מישראל שנאמר כי אות הוא ביני וביניכם וכמו שאות הברית הוא לכל א' וא' כן השבת נמסר לכל א' וא' וכיון שהשבת נמסר לכל א' בכל מקום שהוא מונה ששה ימים ובסוף הששה עושה שבת שהוא זכר למעשה בראשית שנאמר כי ששת ימים עשה ה' וגו'...

אלא מאי אית לך למימר כי השבת ניתן לכל אחד כפי מקומו אשר הוא דר בו לפי שכבר נשלמו במקומו ששה הקפים שלמים ונכנס השביעי לקודם קודם ולמאוחר מאוחר.

וגדולה מזו אמרו המהלך במדבר ולא ידע מתי הוא שבת מונה ו' ימים מיום שטעה ומקדש שביעי ומברך בו ברכת היום ומבדיל במוצאי שבת ע"כ... מ"מ למדנו מדחייבוהו לקדש שביעי משמע דלכל אחד נמסר לעשות זכר למעשה בראשית כל חד וחד כי אתריה תדע שאח' שהגיע לישוב וידע שטעה ועשה מלאכה בשבת לא חייבוהו להביא קרבן לא חטאת ולא אשם ולא וידוי משמע שקיים מצות שבת...

וטעם זה אנו צריכים לכל המועדות ויום הכפורים לפי שגם בהם תפול השאלה ודע כי נפל מחלוקת בין הראשונים מאי זה מקום מתחיל היום וגם מאי זה מקום מתחיל יום השבת עיין במ"ש בספר הכוזרי ובעל יסוד עולם ולדעת כולם השוכנים בקצה המזרח השבת להם קודם השוכנים במערב ונמצאו אלו מותרים במלאכה בזמן שאלו אסורים אלא צריכים אנו לומר כי השבת נתן לכל א' מישראל כפי מקומו שימנה ו' ימים שלמים וישבות בשביעי ובזה יש זכר למעשה בראשית:

You have requested from me that I inform you of my opinion on the matter of the Shabbat, for there is a great difference between the residents of the east and the residents of the west; and we find that it is Shabbat for them and a weekday for them.

https://en.wikipedia.org/wiki/International_Date_Line

Because the Date Line was an arbitrary imposition, the question can arise as to which Saturday on either side of the Date Line (or, more fundamentally, on either side of 180 degrees longitude) is the "real" Saturday. This issue (which also arises in Judaism) is a particular problem for Seventh Day Adventists, Seventh Day Baptists, and similar churches located in countries near the Date Line.

In Tonga, Seventh Day Adventists (who usually observe Saturday, the seventh-day Sabbath) observe Sunday due to their understanding of the International Date Line, as Tonga lies east of the 180° meridian. Sunday as observed in Tonga (West of the Date Line, as with Kiribati, Samoa, and parts of Fiji and Tuvalu) is considered by the Seventh-day Adventist Church to be the same day as Saturday observed East of the Date line.

Most Seventh Day Adventists in Samoa planned to observe Sabbath on Sunday after Samoa's crossing the date line in December 2011, but SDA groups in Samatau village and other places (approx. 300 members) decided to accept the IDL adjustment and observe the Sabbath on Saturday.[31] Debate continues within the Seventh-day Adventist community in the Pacific as to which day is really the seventh-day Sabbath.

The Samoan Independent Seventh-day Adventist Church, which is not affiliated to the worldwide Seventh-day Adventist Church, has decided to continue worshiping on Saturday, after a six-day week at the end of 2011.

מסתפיקנא במדינות הצפוניות כמו בעירנו דאנציג או קאפענהאגען ושטאקהאלם וכדומה ששם בכל חודש יוני ויולי לילה כיום יאיר...

אולם עיקר ספקתינו הוא רק במדינה צפונית בקיץ שאין שם לילה ממש כלל רק נשף ביוני ויולי. מתי יהיה זמן ק"ש ותפלה וציצית ושבת. ולכאורה יש להסתפק ג"כ במי שקרה לו שיבא בקיץ סמוך להנארדפאל. ששם יש איזה חדשים רצופים בקיץ יום ממש. ורואים החמה מקפת כל האופק סביב מזרח דרום מערב צפון. והאיך יתנהג הישראלי הבא לשם עם הספנים שהולכים לשם לצוד התנינים הגדולים (וואללפישע). מתי זמן תפלתו וק"ש שחרית וערבית ומתי ישבות שבתו.

י"ל שם סימן אחר יש לו. דשם השמש מקיף מכל הד' רוחות כל כ"ד שעות. א"כ יודע שכל הקפה א' שתעשה השמש. ידע שהוא יום אחד. וא"כ אם יבוא לשם לפי חשבונו ביום א' ידע שהקפה השביעית שתעשה השמש הוא יום שבת. ואע"ג שזמן שחרית וערבית שלו לא ידע. ועי"ז לא ידע ג"כ מתי זמן כניסת ויציאת שבת...

י"ל דגם חשש זה אפשר לצדד בשיחשוב למפרע ע"פ אוהר נכונה באיזה שעה הוא. למשל שיבא שם בשעה ו' שעל אוהר שלו. והוא לפי חשבונו שעה ו' לאחר חצות יום א'. יחשוב עוד ה' פעמים כ"ד שעות או ה' הקפות השמש עד נקודה ההיא. ואז יתחיל למנות ולשבות שבתו כ"ד שעות. ועכ"פ נ"ל שאם עשה אז מלאכה אינו חייב מיתה ולא חטאת דלא עדיף ממי שהלך במדבר ואינו יודע מתי שבת (כשבת דף ס"ט ב'): ולפ"ז אם יהיו שם ב' אנשים א' מאמעריקא וא' מאייראפא כ"א ישמור שבתו לפי המקום שיצא משם ואין חיוב סקילה וחטאת לשום א' מהן מדאין חייבים כן רק מדרבנן... אבל במדינות צפוניות כעירנו וכדומה עדיין לא ידענו מתי זמן ציצית וק"ש. והקב"ה יאיר עינינו במאור תורתו לשמור ולעשות ולקיים מצותיו חוקותיו ותורתיו...

דין ההולך במדבר בשבת ובו ב' סעיפים:
ההולך במדבר ואינו יודע מתי הוא שבת מונה שבעה ימים מיום שנתן אל לבו שכחתו ומקדש השביעי בקידוש והבדלה ואם יש לו ממה להתפרנס אסור לו לעשות מלאכה כלל עד שיכלה מה שיש לו ואז יעשה מלאכה בכל יום אפילו ביום שמקדש בו כדי פרנסתו מצומצמת ומותר לילך בו בכל יום אפי' ביום שמקדש בו:
The Law of Someone Who Is Wandering in the Desert on Shabbat, 2 Seifim: 1. One who is wandering in the desert and does not when is Shabbat, counts seven days from the day he realized he did not know, and sanctifies the seventh day with Kiddush and Havdalah. If one has sustenance, one is forbidden from doing any work whatsoever until he uses what he has, and thereafter one should do work each day, even on the day he sanctifies, to achieve minimal sustenance. One is permitted to walk every day, even on the day he sanctifies.

וע' במור וקציעה באותם שנוסעים תחת קוטב שהיום מתארך חודש וב' חדשים ויש ששה חדשים יש למנות וא"ו ימים של ך"ד שעות שלנו:

R' J. David Bleich: Contemporary Halakhic Problems Vol. V Chapter III

IV. An Unconsidered View

Tiferet Yisra'el cites no evidence in support of his view. The phenomenon of the sun's circular movement over the horizon each day is certainly not a demonstration that each twenty-four hour period in which such a revolution takes place constitutes a halakhic day. Quite to the contrary, Scripture records "and it was evening, and it was morning, one day" (Genesis 1:5)…

There is another way of viewing the passing of days at the poles, a method that is simple and obvious in conception but entirely strange in application. As noted earlier, there is strong reason to assume that the halakhic day is demarcated by sunset and sunrise. There is no obvious reason for assuming that a day must be approximately twenty-four hours in duration. If so, it might readily be argued that a day should always be defined as the period that elapses between one sunset and the next sunset, regardless of how many hours have elapsed between those two phenomena. Thus, if at the North Pole a single sunset is followed by six months of darkness and those six months of darkness are followed by six months of daylight culminating in the next sunset, the length of a "day" at the North Pole is equal to a full year. After six such days elapse the following "day" of twelve months duration would be Shabbat... According to that theory, Shabbat would occur at the North Pole only once in seven years but would last for an entire "sabbatical" year. Calculation of the sequence of those year-long days would begin no later than from the creation of the sun...

V. An Alternative View

There is however another possibility that, to this writer, seems to be the most cogent way of viewing "time" in the polar regions. It may be suggested that in the absence of the halakhic criteria of sunset and sunrise there is no halakhic day and hence no halakhic time. Locales in which that is the case have no time because they "transcend" time. The result would be that obligations with regard to time-bound mizvot are simply non-existent in such places… It would then appear to follow that a niddah finding herself in such an area would not be able to count the prescribed number of days in order to become able to immerse herself in a mikveh. Cf., Divrei Yaẓiv, no. 118, sec. 15. The same consideration would apply, for example, to the circumcision of a child since circumcision cannot be performed until the eighth day following birth. Cf., R. Yitzchaki, Or Yisra’el, no. 131, p. 238. It should be noted that if Tiferet Yisra’el is understood as giving expression to the determination of a rabbinic obligation (see supra, note 18), the thesis here presented, since it is designed to explain the biblical notion of time and of miẓvot consequent thereupon, is not in contradiction to the position of Tiferet Yisra’el. More significantly, if, as the authorities cited supra, note 12, apparently maintain, Tiferet Yisra’el ’s view is based upon acceptance of the principle that successive days are demarcated on the basis of the rotation of the sun or celestial bodies in the overhead sky, it follows that Tiferet Yisra’el ’s thesis is not applicable in outer space. Thus, the herein formulated view that there are regions that transcend time may be valid even according to Tiferet Yisra’el with regard to space beyond the orbit of earth.

Thus, since a day is defined as the period between sunset and the following sunset, allowing for variation in its beginning and end, the day of the week is the same throughout the globe. Since sunset and sunrise do not occur in approximately twenty-four hour sequences in the polar areas, any particular polar day could not be identified as the same day of the week recognized in other locales. Accordingly, there is no "day" at the North Pole and hence there are no festivals. Since there is no day to be divided into hours, there is no obligation with regard to reciting the Shema or any of the time-bound prayers. 29 Cf., however, infra, note 42.

This is true also in northern areas below the North Pole in which the summer day and the summer night are weeks or even months in duration. But this is true only during those periods of prolonged daylight and prolonged darkness. During the periods of the year in which there is sunrise and sunset, regardless of the brevity of the day or night, time-bound mizvot are fully binding and the day of the week as well as the date in those areas is identical to the day and the date everywhere else on the globe.

The notion that a Jew in outer space or in the polar areas is exempt from even some has been branded far-fetched or worse by a number of rabbinic writers… Indeed, one can readily empathize with that reaction and, despite the fact that the alternative theses that have been advanced seem to be at least as far-fetched, this writer would not have the temerity to advance that thesis without at least minimal support. Support for this view is found in the writings of an anonymous scholar quoted by R. Joseph Mashash… Although Rabbi Mashash cites this view only to disagree with it, this writer finds the thesis advanced by this anonymous scholar to be entirely cogent and finds it instructive that neither Rabbi Mashash nor any other scholar has advanced evidence to counter that view.


(א) וַיְדַבֵּ֥ר יְהֹוָ֖ה אֶל־מֹשֶׁ֥ה לֵּאמֹֽר׃ (ב) דַּבֵּר֙ אֶל־בְּנֵ֣י יִשְׂרָאֵ֔ל וְאָמַרְתָּ֖ אֲלֵהֶ֑ם אֲנִ֖י יְהֹוָ֥ה אֱלֹהֵיכֶֽם׃ (ג) כְּמַעֲשֵׂ֧ה אֶֽרֶץ־מִצְרַ֛יִם אֲשֶׁ֥ר יְשַׁבְתֶּם־בָּ֖הּ לֹ֣א תַעֲשׂ֑וּ וּכְמַעֲשֵׂ֣ה אֶֽרֶץ־כְּנַ֡עַן אֲשֶׁ֣ר אֲנִי֩ מֵבִ֨יא אֶתְכֶ֥ם שָׁ֙מָּה֙ לֹ֣א תַעֲשׂ֔וּ וּבְחֻקֹּתֵיהֶ֖ם לֹ֥א תֵלֵֽכוּ... (ו) אִ֥ישׁ אִישׁ֙ אֶל־כׇּל־שְׁאֵ֣ר בְּשָׂר֔וֹ לֹ֥א תִקְרְב֖וּ לְגַלּ֣וֹת עֶרְוָ֑ה אֲנִ֖י יְהֹוָֽה... (כד) אַל־תִּֽטַּמְּא֖וּ בְּכׇל־אֵ֑לֶּה כִּ֤י בְכׇל־אֵ֙לֶּה֙ נִטְמְא֣וּ הַגּוֹיִ֔ם אֲשֶׁר־אֲנִ֥י מְשַׁלֵּ֖חַ מִפְּנֵיכֶֽם׃ (כה) וַתִּטְמָ֣א הָאָ֔רֶץ וָאֶפְקֹ֥ד עֲוֺנָ֖הּ עָלֶ֑יהָ וַתָּקִ֥א הָאָ֖רֶץ אֶת־יֹשְׁבֶֽיהָ׃

(1) יהוה spoke to Moses, saying: (2) Speak to the Israelite people and say to them: I יהוה am your God. (3) You shall not copy the practices of the land of Egypt where you dwelt, or of the land of Canaan to which I am taking you; nor shall you follow their laws. (4) My rules alone shall you observe, and faithfully follow My laws: I יהוה am your God. (5) You shall keep My laws and My rules, by the pursuit of which human beings shall live: I am יהוה. (6) None of you men shall come near anyone of his own flesh to uncover nakedness: I am יהוה. (7) Your father’s nakedness, that is, the nakedness of your mother, you shall not uncover; she is your mother—you shall not uncover her nakedness. (8) Do not uncover the nakedness of your father’s wife; it is the nakedness of your father. (9) The nakedness of your sister—your father’s daughter or your mother’s, whether born into the household or outside—do not uncover their nakedness. (10) The nakedness of your son’s daughter, or of your daughter’s daughter—do not uncover their nakedness; for their nakedness is yours. (11) The nakedness of your father’s wife’s daughter, who was born into your father’s household—she is your sister; do not uncover her nakedness. (12) Do not uncover the nakedness of your father’s sister; she is your father’s flesh. (13) Do not uncover the nakedness of your mother’s sister; for she is your mother’s flesh. (14) Do not uncover the nakedness of your father’s brother: do not approach his wife; she is your aunt. (15) Do not uncover the nakedness of your daughter-in-law: she is your son’s wife; you shall not uncover her nakedness. (16) Do not uncover the nakedness of your brother’s wife; it is the nakedness of your brother. (17) Do not uncover the nakedness of a woman and her daughter; nor shall you take [into your household as a wife] her son’s daughter or her daughter’s daughter and uncover her nakedness: they are kindred; it is depravity. (18) Do not take [into your household as a wife] a woman as a rival to her sister and uncover her nakedness in the other’s lifetime. (19) Do not come near a woman during her menstrual period of impurity to uncover her nakedness. (20) Do not have carnal relations with your neighbor’s wife and defile yourself with her. (21) Do not allow any of your offspring to be offered up to Molech, and do not profane the name of your God: I am יהוה. (22) Do not lie with a male as one lies with a woman; it is an abhorrence. (23) Do not have carnal relations with any beast and defile yourself thereby. Likewise for a woman: she shall not lend herself to a beast to mate with it; it is perversion. (24) Do not defile yourselves in any of those ways, for it is by such that the nations that I am casting out before you defiled themselves. (25) Thus the land became defiled; and I called it to account for its iniquity, and the land spewed out its inhabitants. (26) But you must keep My laws and My rules, and you must not do any of those abhorrent things, neither the citizen nor the stranger who resides among you; (27) for all those abhorrent things were done by the people who were in the land before you, and the land became defiled. (28) So let not the land spew you out for defiling it, as it spewed out the nation that came before you. (29) All who do any of those abhorrent things—such persons shall be cut off from their people. (30) You shall keep My charge not to engage in any of the abhorrent practices that were carried on before you, and you shall not defile yourselves through them: I יהוה am your God.

ותטמא הארץ ואפקוד עונה עליה ותקיא הארץ החמיר הכתוב בעריות בעבור הארץ שתטמא בהן ותקיא הנפשות העושות והנה העריות חובת הגוף ואינן תלויות בארץ אבל סוד הדבר... כי השם הנכבד ברא הכל ושם כח התחתונים בעליונים ונתן על כל עם ועם בארצותם לגוייהם כוכב ומזל ידוע כאשר נודע באצטגנינות... אבל ארץ ישראל אמצעות הישוב היא נחלת ה' מיוחדת לשמו לא נתן עליה מן המלאכים קצין שוטר ומושל בהנחילו אותה לעמו המיחד שמו זרע אוהביו... והנה הארץ שהיא נחלת השם הנכבד תקיא כל מטמא אותה ולא תסבול עובדי ע"ז ומגלים עריות...

והנה בחוצה לארץ אע"פ שהכל לשם הנכבד אין הטהרה בה שלימה בעבור המשרתים המושלים עליה והעמים תועים אחרי שריהם לעבוד גם אותם... ומן הענין הזה אמרו בספרי (עקב מג) ואבדתם מהרה (דברים יא יז) אף על פי שאני מגלה אתכם מן הארץ לחוצה לארץ היו מצויינין במצות שכשתחזרו לא יהו עליכם חדשים משל לאדון שכעס על אשתו ושלחה לבית אביה אמר לה הוי מתקשטת תכשיטים שכשתחזרי לא יהיו עליך חדשים... כי עיקר כל המצות ליושבים בארץ ה' ולפיכך אמרו בספרי (ראה פ) וירשתם אותה וישבתם בה ושמרתם לעשות (דברים יא לא-לב) ישיבת ארץ ישראל שקולה כנגד כל המצות שבתורה...

AND THE LAND WAS DEFILED, THEREFORE DID I VISIT THE INIQUITY THEREOF UPON IT, AND THE LAND VOMITED OUT HER INHABITANTS. Scripture was very strict in forbidding these sexual relationships on account of the Land which becomes defiled by them, and which in turn will vomit out the people that do [these abominations]. Now forbidden sexual relationships are matters affecting personal conduct, and do not depend on the Land, [so why should the Land be affected by these personal immoral acts]? But the secret of the matter is in the verse which states, When the Most High gave to the nations their inheritance, when He separated the children of men, He set the borders of the people, etc. For the portion of the Eternal is His people etc. The meaning thereof is as follows: The Glorious Name created everything and He placed the power of the lower creatures in the higher beings, giving over each and every nation in their lands, after their nations some known star or constellation, as is known by means of astrological speculation. It is with reference to this that it is said, which the Eternal thy G-d hath allotted unto all the people, for He allotted to all nations constellations in the heavens, and higher above them are the angels of the Supreme One whom He placed as lords over them, as it is written, But the prince of the kingdom of Persia withstood me, and it is written, lo, the prince of Greece shall come. They are called “kings,” as it is written [there], and I was left over there beside the kings of Persia. Now the Glorious Name is G-d of gods, and Lord of lords over the whole world. But the Land of Israel, which is in the middle of the inhabited earth, is the inheritance of the Eternal designated to His Name. He has placed none of the angels as chief, observer, or ruler over it, since He gave it as a heritage to His people who declare the Unity of His Name, the seed of His beloved ones [i.e., the patriarchs]. It is with reference to this that He said, and ye shall be Mine own treasure from among all peoples; for all the earth is Mine, and it is further written, so shall ye be My people, and I will be your G-d, and you will not be subject to other powers at all. Now He [also] sanctified the people who dwell in His Land with the sanctity of observing the laws against forbidden sexual relationships, and with the abundant commandments, so that they [His people] would be dedicated to His Name. It is for this reason that He said, And ye shall keep all My statutes, and all Mine ordinances, and do them, that the Land, whither I bring you to dwell therein, vomit you not out, and it is further written, But I have said unto you: ‘Ye shall inherit their Land, and I will give it unto you to possess it’ … I am the Eternal your G-d, Who have set you apart from the peoples, meaning to say, that He has set us apart from all the nations over whom He appointed princes and other celestial powers, by giving us the Land [of Israel] so that He, blessed be He, will be our G-d, and we will be dedicated to His Name. Thus the Land which is the inheritance of the Glorious Name, will vomit out all those who defile it and will not tolerate worshippers of idols, nor those who practise immorality. Now this section mentioned the Molech, which is a form of idolatry, together with the forbidden sexual relationships, and with reference to all of them He said, Defile not ye yourselves in any of these things; for in all of these the nations are defiled, and the Land vomited out her inhabitants [thus showing that the Land is unable to contain idol worshippers or those who practise immorality]. And so also did He say in the second section [i.e., in Seder Kedoshim], and I have set you apart from the peoples, that ye should be Mine, which is [the basis for] the strict prohibition against idolatry. Therefore He stated that it is because they are dedicated to His Name that He gave them the Land, as it is said, And I have said unto you: ‘Ye shall inherit their Land, and I will give it unto you to possess it’ … I am the Eternal your G-d, Who have set you apart from the peoples.
Now outside the Land of Israel, although it all belongs to the Glorious Name, yet its purity is not perfect, because of “the servants” who hold sway there, and the nations go astray after their princes to worship them as well. It is for this reason that Scripture states, the G-d of the whole earth shall He be called, since He is the G-d of gods Who rules over all, and He will in the end punish the host of the high heaven on high, removing the celestial powers and demolishing the array of “the servants,” and afterwards He will punish the kings of the earth upon the earth. This is the meaning of the verse stating, The matter is by the decree of ‘irin’ (the wakeful ones), and ‘sh’elta’ (the sentence) by the word of the holy ones, meaning, the matter that was decreed on Nebuchadnezzar [that he be driven from men and eat grass as oxen etc.] is the pronouncement of the guarding angels and the sentence of the word of the holy ones, who have ordained on the powers emanating from them that it be so. They [the angels] are called irin [literally: “the wakeful ones”], because from their emanations proceed all the powers that stir all activities, similar to that which it says, and behold ‘ir’ (a wakeful one) and a holy one came down from heaven. He cried aloud, and said thus: ‘Hew down the tree etc. — [In the verse] And ‘sh’elta’ (the sentence) is by word of the holy ones, [the word sh’elta] is like sha’alu, meaning first “they ask” what is the will of the Supreme One about it, and afterwards they decree that it be so done. It is with reference to this that Daniel told Nebuchadnezzar, it is the decree of the Most High, for everything is from Him, blessed be He.
Thus the Glorious Name, blessed be He, is G-d of gods, in the whole world, and G-d of the Land of Israel which is the inheritance of the Eternal. This is the meaning of the expression, and he will go astray after the foreign gods of the Land, for the gods are foreign to the Land of G-d and His inheritance. This is what Scripture means when it states [of the Cutheans who were settled by the king of Assyria in the cities of the kingdom of Israel], they knew not the manner of the G-d of the Land; therefore He hath sent lions among them, and, behold, they slay them, because they know not the manner of the G-d of the Land. Now the Cutheans were not punished in their own land when they worshipped their gods, by G-d sending lions among them, but only when they came into the Land of G-d and conducted themselves as before, did He send lions among them who slew them. And so the Rabbis taught in the Sifra: “And the Land vomit not you out also etc. The Land of Israel is unlike other lands; it is unable to contain sinners.” And in the Sifre we find that the Rabbis taught: “And there was no strange god with Him [when He took Israel out of Egypt, and protected them during their wandering through the wilderness], so that none of the princes of the nations should have power to come and exercise authority over you, something like that which it is said, and when I go forth, lo, the prince of Greece shall come, etc.” This is the meaning of the saying of the Rabbis: “Whoever lives outside the Land, is as if he had no G-d, for it is said, I am the Eternal your G-d, Who brought you forth out of the land of Egypt, to give you the land of Canaan, to be your G-d, and it is further said, for they have driven me [David] out this day that I should not cleave unto the inheritance of the Eternal, saying: Go, serve other gods.” And in the Tosephta of Tractate Abodah Zarah the Rabbis have said: “Now it is said, And I [Jacob] will come back to my father’s house in peace, then shall the Eternal be my G-d, and it is further said, to give you the land of Canaan, to be your G-d. When you are in the land of Canaan I am your G-d. When you are not in the land of Canaan, I am not your G-d if it were at all possible to say so [for He is our G-d under all circumstances and in all places]. Similarly it is said, about forty thousand ready armed for war passed on in the presence of the Eternal unto battle, and it is further said, and the Land is subdued before the Eternal, and before His people. But how could it enter one’s mind that Israel subdued the Land before the Eternal [as if to say that they captured it for His sake]? But [this teaches that] as long as they are upon the Land, it is as if it were subdued [before Him, since He is their G-d, as explained above], but when they are not upon it, it is not subdued.”
It is on the basis of this matter that the Rabbis have said in the Sifre: “And ye perish quickly from off the good Land. Although I banish you from the Land to outside the Land, make yourselves distinctive by the commandments, so that when you return they shall not be novelties to you. This can be compared to a master who was angry with his wife, and sent her back to her father’s house and told her, ‘Adorn yourself with precious things, so that when you come back they will not be novelties to you.’ And so did the prophet Jeremiah say [to the people in exile in Babylon], Set thee up waymarks. These are the commandments, by which Israel is made distinctive.” Now the verses which state, and ye perish quickly … and ye shall lay up these My words etc. only make obligatory in the exile [the observance of those commandments] affecting personal conduct, such as the [wearing of] phylacteries and [placing of] Mezuzoth [these being specifically mentioned there in the following words of Scripture], and concerning them the Rabbis [in the above text of the Sifre] explained [that we must observe them] so that they shall not be novelties to us when we return to the Land, for the main [fulfillment] of the commandments is [to be kept] when dwelling in the Land of G-d. Therefore the Rabbis have said in the Sifre: “And ye shall possess it, and dwell therein. And ye shall observe to do all the statutes etc. Dwelling in the Land of Israel is of equal importance to all the commandments of the Torah.” A similar statement is also found in the Tosephta of Tractate Abodah Zarah. This in fact was the thought of the wicked ones who [misusing the intention of the above statement], said to the prophet Ezekiel [whose prophetic activity was in the Babylonian exile]: “Our master Ezekiel, if a servant is sold by his master, does the master still have any claim to him?” For it is said, and that which cometh into your mind shall not be at all; in that ye say: We will be as the nations, as the families of the countries, to serve wood and stone. And this was the command of our patriarch Jacob to his household, and to all that were with him, at the time that they came into the Land, Put away the strange gods that are among you, and purify yourselves. And G-d, by Whom alone actions are weighed, [brought it about] that Rachel died on the way when they started coming into the Land, for on account of her own merit she did not die outside the Land, and for Jacob’s merit, he could not dwell in the Land with two sisters [in their lifetime, since this is forbidden in the Torah, and the laws of the Torah were observed by our ancestors in the Land of Israel even before the Torah was given on Sinai], and she [Rachel] was the one by whose marriage the prohibition against two sisters took effect [since Jacob was already married to Leah]. It would appear that Rachel became pregnant with Benjamin before they came to Shechem, and while in the Land Jacob did not touch her at all, for the reason that we have mentioned. And the prophet states, And first I will recompense their iniquity and their sin double; because they have profaned My Land; they have filled Mine inheritance with the carcasses of their detestable things and their abominations. This matter [i.e., that the Land of Israel is the inheritance of the Eternal and thus cannot tolerate sinners] is found in many places in the Scriptures, and you will see it clearly after I have opened your eyes to it.
Now Rabbi Abraham ibn Ezra commented in the section of Vayeilech: “We know that G-d is One, and changes arise because of those who receive [His beneficent deeds], but G-d does not change His deeds, as they are all done in wisdom. And included in the worship of G-d is to guard the ability to receive [His beneficence] according to the place [so that if a particular place is holier than others, one must observe there more strictly the laws of holiness]. Therefore it is written [of the Cutheans, that they did not know] the manner of the G-d of the Land, and of Jacob it is said [when he came into the Land he told his household], put away the strange gods, and the extreme opposite of [the sanctity of] the place [i.e., the Land of Israel] is indulging in forbidden sexual relationships, as they are [sins of the] flesh. The student versed [in the mysteries of the Torah] will understand.” Thus are the words [of Rabbi Abraham ibn Ezra] of blessed memory.
Now do not refute me [in what I have written above, that Israel is under the direct guidance of G-d alone, and no celestial power determines their fate], by citing the verse, Michael your prince, for he is only a ministering angel who implores mercy for Israel, but is in no way a prince exercising any royalty or power. So was also the captain of the host who appeared to Joshua at Jericho, showing him that G-d had sent him to fight their battles, similar to [that which happened in the days of] Hezekiah. Besides, this matter [of Michael imploring mercy for Israel] was when we were already outside the Land of Israel.
Now I do not have permission to explain on the subject of ha’aretz (“the earth” or “the Land”) more than this. But if you will merit to understand the first “earth” mentioned in the verse of Bereshith (In the beginning G-d created the heaven and the earth), and also the one mentioned in the section of Im Bechukothai, you will know a profound and sublime secret, and you will further understand what our Rabbis have said: “The Sanctuary on high is exactly opposite the Sanctuary below.” I have already alluded to this on the verse, for all the earth is Mine. Now Scripture mentions that the people of the land of Canaan were punished on account of their immoral [sexual] deeds. And our Rabbis have said that they were warned about these matters from the time of creation, when these laws were declared to Adam and to Noah, for He does not punish unless He admonishes first. Scripture, however, did not state the admonition, but instead said that the Land would vomit them out, for the Land abhors all these abominations. Now the Canaanites were not the only ones who were admonished about these matters [for since these laws were declared to Adam and Noah, they applied to all mankind], and the Scriptural section mentions specifically, After the doings of the land of Egypt, wherein ye dwelt, shall ye not do, which proves that the Egyptians also did all these abominations, and yet the land of Egypt did not vomit them out, nor did the lands of other nations vomit them out! Rather, this whole subject shows the distinction of the Land [of Israel] and its holiness [so that it alone is unable to retain sinners]. Scripture states, and the Land vomited out [using a past tense, although the Canaanites were still living there], for from the time that He was to punish [them] for the sins committed upon her [i.e. the Land], having decreed destruction upon the Canaanites, it is as if the Land had already vomited them out. Or it may be that the expression, and the Land vomited out is a reference to above, similar to what is said, their defense is removed from over them.

Samson Raphael Hirsch: Horeb II Edoth Chapter 24

...מִצְוַת יִבּוּם קוֹדֶמֶת לְמִצְוַת חֲלִיצָה, בָּרִאשׁוֹנָה, שֶׁהָיוּ מִתְכַּוְּנִין לְשֵׁם מִצְוָה. וְעַכְשָׁיו שֶׁאֵין מִתְכַּוְּנִין לְשֵׁם מִצְוָה, אָמְרוּ מִצְוַת חֲלִיצָה קוֹדֶמֶת לְמִצְוַת יִבּוּם...

(7) If one did not wish to redeem the firstborn donkey, he breaks its neck from behind and buries it. The mitzva of redeeming the firstborn donkey takes precedence over the mitzva of breaking the neck, as it is stated: “If you will not redeem it, then you shall break its neck” (Exodus 13:13). The mishna proceeds to enumerate other mitzvot in which one option takes precedence over another. The mitzva of designating a Hebrew maidservant to be betrothed to her master takes precedence over the mitzva of redeeming the maidservant from her master with money, as it is stated: “If she does not please her master, who has not betrothed her to himself, then he shall let her be redeemed” (Exodus 21:8). The mitzva of levirate marriage takes precedence over the mitzva of ḥalitza, which dissolves the levirate bond, as it is stated: “And if the man does not wish to take his brother’s wife” (Deuteronomy 25:7). The mishna adds: This was the case initially, when people would intend that their performance of levirate marriage be for the sake of the mitzva. But now that they do not intend that their performance of levirate marriage be for the sake of the mitzva, but rather for reasons such as the beauty of the yevama or for financial gain, the Sages said that the mitzva of ḥalitza takes precedence over the mitzva of levirate marriage. With regard to a non-kosher animal that was consecrated to the Temple, the mitzva of redemption by the owner who consecrated it takes precedence over redemption by any other person, as it is stated: “And if it is of a non-kosher animal…and if it is not redeemed, it shall be sold according to your valuation” (Leviticus 27:27).

In This Galaxy Flowing With Milk and Honey

by Shulamith Surnamer

Are we Jews sentenced to stay

only on this small ball of space

bound to this earth

this ancient planet

like one entire vast

Promised Land?

Where is there the expert

on extraterrestrial halacha

to tell a new generation

of wandering Children of Israel

how to light the Shabbes licht

while orbiting

the galactic desert

for countless lightyears

in a place where there is

no day, no night?

Where is the Rabbinic Sage

the Gaon of Ganymede

able to explain, to expound

to a stiff-necked group

how to celebrate the new month

how to mark a Rosh Chodesh

on a planet with two moons

or three moons

or no moon at all?

There is no Sanhedrin on Saturn

no Bet Din of the Big Dipper

to teach the faithful

far-flung remnant

how to observe a Yom Kippur

a Chanukah, a Purim, A Pesach

on a celestial sphere

remote from the Torah’s origination

tied to Terra’s turns

beneath Earth’s Sun

beneath Earth’s Moon.

I lift up my voice

unto the mountains

from whence

oh from whence will come

the prophetic voice

to reveal G-d’s Command

This is how to keep Shabbes

even on Uranus

not like one lost

on desert sands

forced to start anew

a seven day cyclical count

making each uncertain day

a semi-shabbat

doing only what is necessary

for survival

and differentiating every 7 th day

with the saying of Kiddush

over what little water is at hand

This day is the real Sabbath Day

will some new Jeremiah

from Nueva Jerusalem II thunder

Make it Holy

with the juice

of an indigenous vine

under the hechsher

of home-grown Ḥachamim.

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