Tractate Rosh Hashana – Problems and Solutions

 

 

A Talmudic tractate dedicated to a particular holiday should by rights deal with the special laws governing that occasion. Indeed, this is what we find in most of the tractates devoted to particular holidays: Tractate Sukka deals exclusively with matters relating to Sukkot; Tractate Yoma deals exclusively with matters relating to Yom Kippur; and so too many other tractates. It is therefore surprising that this is not the case regarding tractate Rosh Hashana. The mitzva that is unique to Rosh Hashana is the mitzva of shofar-blowing, Rosh Hashana being "the day of the shofar blast," but only a small part of tractate Rosh Hashana is devoted to this topic, and that part is not even at the beginning of the tractate.

 

The tractate is comprised of four chapters. The discussion of matters relating to the shofar begins only in the second mishna of the third chapter – in other words, in the second half of the tractate. Even in this latter part of the tractate, not all of the mishnayot are dedicated to matters pertaining to Rosh Hashana, but rather move by way of association to other matters, as is common in the Mishna. Thus, mishna 4 and most of mishna 8 in the third chapter and mishna 2 in the fourth chapter do not deal at all with the shofar of Rosh Hashana.

 

Although the first two mishnayot in the tractate do speak about Rosh Hashana, from there on the first and second chapters deal with the laws governing the sanctification of the month, and an additional mishna dealing with the sanctification of the month is found later in the tractate (4:4).

 

It turns out that half of Tractate Rosh Hashana deals with an entirely different matter. We can almost say that what we have here are two tractates, Tractate Rosh Hashana and tractate Rosh Chodesh, which were combined into one tractate.

 

Perhaps we can understand this phenomenon as a reflection of the tendency to gather small units into one larger unit; if we were to keep them separate, we would have two tractates of only two chapters each, and because of their small size, they would be liable to be lost.[1] The question still remains, however, as to why the matters of Rosh Hashana were pushed off to the second half of the tractate, while the first half of the tractate is dedicated to the sanctification of the month.

 

Why does "Tractate Rosh Chodesh" come before "Tractate Rosh Hashana"?

 

 

It stands to reason that it is impossible to talk about matters pertaining to Rosh Hashana without relating to the sanctification of the month. While all of the other festivals depend on the establishment of the months, this is all the more so true of Rosh Hashana. Regarding the other festivals, it is possible to know when they will fall out several days in advance; this is not the case when it comes to Rosh Hashana, whose date is entirely dependent on witnesses who see the new moon and on the court’s sanctification of the month. Even at the beginning of the day, it is not at all clear whether or not the day will be declared as Rosh Hashana.

 

Furthermore, what did Jews do on the day of Rosh Hashana? It is clear to us that they occupied themselves with the mitzvot of the day – the shofar blasts and the special blessings added to the Shemoneh Esrei. But what did they do on the night of Rosh Hashana? It may be surmised that they went out to see the new moon, in order to know whether or not it was in fact the night of Rosh Hashana.[2]

 

It turns out, then, that even the testimony regarding the sighting of the new moon and the sanctification of the month by the court are part of the special mitzvot of the day of Rosh Hashana. Moreover, the testimony regarding the sighting of the new moon, which in practice could only be given during the day, begins already the night before. At night, the eyes of prospective witnesses search the sky for the new moon, and these witnesses presumably set out already at night toward the High Court in Jerusalem, so as not to miss out on the opportunity to offer their testimony.

 

It is proper to set down the mitzvot that apply already at night before the mitzva that can be fulfilled only during the day. Accordingly, the Mishna is ordered chronologically, as we find in many other tractates (e.g., Shevi'it, Pesachim, Yoma and others). 

 

The first two mishnayot in the tractate constitute a general introduction to the very concept of a "new year" and to the other aspect of Rosh Hashana as a day of judgment, and it is possible that each mishna introduces a different part of the tractate. The first mishna mentions four days of Rosh Chodesh (Nisan, Elul, Tishrei, and Shevat) that are also days of Rosh Hashana. This mishna serves as an introduction to the part of the tractate that deals with the determination of Rosh Chodesh. The second mishna deals with different days of judgment over the course of the year, serving as an introduction to the laws of shofar, for the shofar blasts come, among other reasons, to arouse a person to repent in anticipation of judgment.[3]

 

 

The discussion regarding the determination of the months seems to include a special message for the day of Rosh Hashana as well. 

 

The very fact that Rosh Chodesh is determined by a human court and that the dates of all the festivals depend on that determination is indicative of man's power to fashion and determine reality. But in the case of Rosh Hashana, which is a major day in the relationship between the Creator and His creations, it is truly remarkable. Everything is ready for the coronation of the King of the universe[4] and for His judgment of all of mankind – but everything is put on hold as we wait for the arrival of two members of Israel who will testify that they saw the new moon, testimony on the basis of which the court will sanctify the month and confirm that heavenly assembly of kingship and judgment!

 

This idea is well illustrated in the Yerushalmi:

 

 

If earthly mortals are so powerful that they can determine the date of God's judgment and coronation, then it should certainly be within their ability to impact upon their own souls. This is the key to repentance: the faith in man's ability to change, to shape, and to determine. It is with this message that we enter the new year and the day of Rosh Hashana, the first day of the Ten Days of Repentance.

 

Furthermore, the new moon signifies the possibility of renewal and change in creation, this too being the foundation upon which the edifice of repentance is built – the inner faith and certainty in the possibility of change. Just as the moon constantly moves and constantly changes, so too man's life moves on a track of constant change, and it is within his power to direct this change to positive channels.

 

 

The commentators on the Mishna raise a question regarding the placement of the first mishna in chapter 3, which deals with matters pertaining to the sanctification of the month. Thus, in content, it is a continuation of chapter 2. Had the compilers of the Mishna placed this mishna in chapter 2, we would have a clear and distinct division: chapters 1:3-end of chapter 2 – matters pertaining to Rosh Chodesh; chapters 3-4 – matters pertaining to Rosh Hashana. But 3:1 upsets this orderly arrangement.

 

The author of the Tiferet Yisrael writes (in his comments to the beginning of chapter 3):

 

 

            R. Chanoch Albeck, in his introduction to the chapter, notes a similar phenomenon in several other tractates, but this does not explain the phenomenon.[6]

 

Two approaches may be suggested in order to resolve this difficulty: that of purpose and that of constraint. By purpose I mean that the mishnayot were arranged in this matter for some positive purpose, whereas by constraint I mean that something forced the compiler of the Mishna to put this mishna in a place where by right it does not belong.[7]

 

 

In the writings of R. David Cohen, known as the Rav HaNazir, we find two ideas that reflect the approach of purpose. We will cite his words in their concise formulation:

 

 

According to this, the aim of the mishna is to join together the two shofar blasts – that which accompanied the sanctification of the month and that of Rosh Hashana.

 

However, for this purpose, mishna 7 of chapter 2 might have been more appropriate: "The head of the court proclaims: ‘It is sanctified,’ and all of the people respond after him: ‘It is sanctified,’" which describes the usual procedure of sanctification of the month, rather than our mishna, which deals with special cases.

 

The Rav HaNazir suggests another reason:

 

 

For this purpose, our mishna is indeed exceedingly appropriate, as it opens with: "If the court and all of Israel saw it."

 

It turns out, then, that this mishna was deliberately positioned at the beginning of chapter 3 in order to join together the two parts of the tractate, and to teach about an essential connection between them.[11]

 

 

Upon closer examination, we see that much attention was given to the chapter endings in the form of correspondence between the two sets of chapters, chapters 1-2 and chapters 3-4. The end of each of the first two chapters deals with, among other things, the exposition of a verse in Parashat Emor: "These are the appointed seasons [mo’adei] of the Lord, even holy convocations, those [otam] which you shall proclaim in their appointed season" (Vayikra 23:4).

 

However, while the end of chapter 1 emphasizes the "appointed seasons" – which teaches that care must be taken that they be established on the proper day, even if that necessitates Shabbat desecration – chapter 2 emphasizes otam ("those"), which is expounded as if it reads atem, "you" – that is to say, according to your determination, "whether at the proper time or not at the proper time." Here we have two opposite values that confront each other frontally, the value of "appointed seasons" and the value of "you," and that which appears at the end of the second chapter overpowers that which appears at the end of the first chapter.

 

Scriptural verses are addressed also at the end of chapter 3. Perhaps this too is a reason that we find attached to the last mishna of the third chapter topics that do not appear to be strongly connected to each other.[12]  

 

The connection between the ends of the last two chapters is that they both deal with the issue of performing a mitzva on behalf of another person. The end of chapter 3 establishes the principle that "one who is not himself obligated to perform a mitzva cannot perform it on behalf of a congregation," and the end of chapter 4 records a disagreement about whether or not the congregational reader exempts the entire congregation of their obligation regarding prayer.[13]

 

 

The gemara in Berakhot (10a) states: "Every chapter [of Tehilim] that was particularly dear to David he commenced with 'Happy' (ashrei) and ended with 'Happy.'" Tosafot (ad loc.) note that the reference to the word "Happy" is imprecise; what the gemara means is that the end of the psalm is similar to the beginning of the psalm.[14] This phenomenon is occasionally found also in the Mishna, and it seems that we find it our tractate as well. Sometimes the connection is complementary, and sometimes it is contrasting.

 

Chapter 1 begins with the assertion that the first of Nisan is the new year for kings and for festivals.[15] At the end of the chapter, we find once again: "These are the appointed seasons of the Lord."

 

The beginning of chapter 2 speaks of the necessity to recognize the witnesses testifying about the new moon. When the "heretics" adopted their evil practices, it was no longer possible to accept testimony from witnesses who were not known to the court. The end of the chapter emphasizes the anonymity of the elders, whose names were deliberately not spelled out in order to teach that every group of three people which acted as a court over Israel enjoys the same authority as the court of Moshe, even if its level is not recognized and accepted.

 

Chapter 3 opens with "If the court and all of Israel saw it" – a situation in which everyone lifts their eyes to heaven and search for the new moon. The end of the chapter deals with Israel looking upward to heaven. Perhaps this also explains the location of the first mishna in the chapter. 

 

The end of chapter 4 is somewhat similar to its beginning. In the beginning of the chapter, we read:  "If the festive day of Rosh Hashana fell on Shabbat, they would blow the shofar in the Temple, but not elsewhere in the country." How, then, would the people in the rest of the country fulfill their obligation? It is possible that all of the people would fulfill their obligation with the shofar blast sounded in the Temple. This is similar to what is taught at the end of the chapter regarding the congregational reader's ability to exempt the entire congregation of their obligation, including "the people in the fields," who did not even hear the blessings of Malkhuyot, Zikhronot, and Shofarot, as is explained there in the gemara.

 

The end of the tractate may go back to something found at the beginning of the tractate, a matter that was taught in mishna 2. There we learned that on Rosh Hashana "all creatures pass before Him [God] like children of Maron." According to the explanation given in the gemara (18a), this means that they pass before Him one by one. This may be the basis of the first Tanna's position that the congregational reader cannot exempt the entire congregation of their obligation and that each and every individual must pray on his own, for on the day of judgment each person is tried individually. Rabban Gamliel, on the other hand, maintains that the congregational reader exempts the entire congregation of their obligation. He relies on the verse, "He that fashions the heart of them all" (Tehillim 33:15), on the basis of which R. Yochanan says in the Gemara (18a): "They are all viewed with a single glance." This being the case, they can all fulfill their obligation with the prayer of the congregational reader.

 

 

As mentioned, there are two parts to the tractate, chapters 1-2 and chapters 3-4, and it is possible to identify parallels and relationships between the ends of the two parts.

 

At the end of chapter 2, we encounter a conflict between Rabban Gamliel and R. Yehoshua, whose opinion apparently reflected the opinion of most of the Sages. Similarly, at the end of the tractate we find a disagreement between Rabban Gamliel and the Sages. It is possible that the halakha that he establishes there that "the congregational reader exempts the congregation of their obligation" is connected in part to the firm position that he maintains at the end of chapter 2: The leader decides the matter and it is according to him that the month is sanctified.

 

Even the numbers used in the two mishnayot are the same, although they refer to different matters. At the end of chapter 2, we read of “every group of three that has acted as a court over Israel," and at the end of chapter 4 we learn that "the order of the blasts consists of three sets of three each."

 

 

More about numbers: As stated, the first two mishnayot in the tractate serve as two introductions to matters pertaining to Rosh Hashana and to the two parts of the tractate, and the discussion concerning sanctification of the month begins in mishna 3. On the face of it, it is puzzling that the discussion begins not with the initial stage of the testimony concerning the new moon, but with something more closely related to the end of the process – namely, that after the court sanctifies the month, messengers are sent out from Jerusalem to the Diaspora so that the Jews in the Diaspora would know on which day to celebrate the festivals. This mishna may have been pushed up because of a shared numerical element. The first two mishnayot mention numbers: "There are four new years"; "On four occasions the world is judged." The same is true about this mishna, which opens with a number: "There are six months in which messengers go out [from Jerusalem to the Diaspora]." This numerical relationship was already noted by the Melekhet Shelomo.[16]

 

Another connection between this mishna and the previous mishnayot is the matter of the festivals mentioned in them.

 

At this point, we come to a series of mishnayot that share the element of Shabbat desecration, which is permitted when necessary to enable testimony regarding sighting of the new moon. The series continues until 2:5. This is followed by a discussion regarding the examination of the witnesses, which continues until the end of the chapter.

 

 

This twofold image of the day of Rosh Hashana – Rosh Chodesh and Rosh Hashana – may reflect two different dimensions of this day.

 

Rosh Chodesh in its entirety is a uniquely Jewish phenomenon. The first mitzva received by Israel as a people is, "This month shall be to you the beginning of months" (Shemot 12:1), and Chazal expounded:

 

 

In contrast, Rosh Hashana as a day of judgment is universal. The mishna establishes (1:2): "On Rosh Hashana, all creatures pass before Him as children of Maron." In the Zikhronot blessing we say: "On it, sentence is pronounced upon countries for war or peace, for famine or abundance… Who is not called to account on this day?" And in the Malkhuyot blessing, we crown God as king over the entire world.[18] It is possible that by giving precedence to matters relating to the sanctification of the month, the Mishna alludes that the unique Jewish dimension precedes the universal dimension.

 

In this context, it is appropriate to consider the meaning of one of the Malkhuyot verses:

 

 

The Ibn Ezra and Chizkuni understood the word teru'at in the sense of a shofar blast, but Rashi explains: "A term of affection and friendship." R. Saadya Gaon explains similarly: "The friendship of their king is given to them." The way that the King looks at Israel is not the same as the way He looks at the nations of the world. For Israel, God is a close and friendly king, a king whose face beams affection and is full of love.

 

 

(Translated by David Strauss)