Babylonian Talmud

Rodkinson 1918 — source 4, scan section 37

49 Bion, and R. Aqiba proceeded: ' It is written [Lev. xxiii. 2, 4 and 37] : Three times ' shall proclaim Othom (them), which should, however, not be read Othom (them), but Athem (ye), which would make the verse read, " Ye shall proclaim." Now the threefold "j^" signifies that even if j^- were deceived by false pretences and changed the day of the festivals, or even if ye did it purposely, or even if ye were held to be in error by others — once the dates had been established they must so remain.' With the following words R, Jehoshua answered R. Aqiba: Aqiba, thou hast comforted me ; Aqiba, thou hast comforted me. " When he {Rabbi Jehoshua) came to R. Dosa b. HarkhenaSy* etc. The rabbis taught: The reason that the names of those elders are not mentioned, is, in order that one should not say: Is So-and-so like Moses and Aaron ? Is So-and-so like Nadabh and Abihu ? Is So-and-so like Eldad and Medad ? (And how do we know that one should not ask thus ?) Because, it is written [i Sam. xii. 6]: " And Samuel said unto the people the Lord that appointed Moses and Aaron " and in the same con- nection it is written [ibid. 11]: "And the Lord sent Jerubaal and Bedan and Jephtha and Samuel." [Jerubaal is Gideon; and why is he named Jerubaal ? Because he strove against Baal. Bedan is Sampson ; and why is he named Bedan ? Be- cause he came from Dan. Jephtha means just what it is (/. e., he had no surname or attribute).] And it is also written [Ps. xcix. 6] : " Moses and Aaron among his priests, and Samuel among those who called upon his name." The sacred text regards the three common people equal with the three noblest, to teach us that Jerubaal was in his generation like Moses in his; Bedan in his generation was like Aaron in his; Jephtha in his generation was like Samuel in his generation. From all this one must learn that if even the commonest of the commoners is appointed leader by a community, he must be considered as the noblest of the nobility, for it is said [Deut. xvii. 9] : " And thou shalt come unto the priests, the Levites, and unto the judge that shall be in his days." (Why does the passage say" in those days " ?) Can you imagine that one could go to a judge who was not in his days ? (Surely not ! But by these words Scripture teaches us that a judge is to be held " in his days " equal in au- thority with the greatest of his predecessors.) We find a similar teaching in Eccles. vii. 10: " Say not thou that the former days were better than these! " 4 50 THE BABYLONIAN TALMUD. " He took his staff,'' etc. The rabbis taught: (R. Gamaliel said to R. Jehoshua): Happy is the generation in which the leaders listen to their followers, and through t^\s the followers consider it so much the more their duty (to heed the teachings of the leaders). CHAPTER III. REGULATIONS CONCERNING THE INTERCALATING OF THE MONTH — THE CORNET, AND OF WHAT IT IS TO BE MADE — AND THE PRAYERS OF THE NEW YEAR's DAY. MISHNA: If the Beth Din and all Israel saw (the moon on the night of the thirtieth day), or if the witness had been exam- ined, but there was no time to proclaim "It is consecrated" before it had become dark, the month is intercalary. If the Beth Din alone saw it, two of its members should stand up and give testimony before the others, who shall then say " It is con- secrated; it is consecrated." When three who formed a Beth Din saw it, two should stand up and conjoining some of their learned friends with the remaining one, give their testimony before these, who are then to proclaim "It is consecrated; it is consecrated," for one (member of a Beth Din) has not this right by himself alone. GEMARA: "7/" the Beth Din alone saw it,'' etc. Why so ? Surely hearsay evidence is not better than the testimony of an eye-witness! Said R. Zera: " It refers to a case where they saw it at night (and on the next day they could not consecrate the new moon until they had heard the evidence of two witnesses)." * ' When three who formed a Beth Din, saw ity two should stand up and conjoining some of their learned friends with the remain- ing one,'' etc. Why so ? Here also we may say, surely hearsay evidence is not better than the testimony of an eye-witness! And if you would say that this also means where they saw it at night, is this not, then, the same case ? The case is the same, but the above statement is required because of the concluding words, " one (member of a Beth Din) has not the right by him- self alone; " for it might be assumed, since in civil cases three (are required to constitute a Beth Din), but where he is well known (as a learned authority) one judge may act alone, so here we may consecrate (the new moon) on the authority of one judge; therefore, he teaches us (that three are required). Per- haps I should, nevertheless, say here (that one learned authority 51 52 THE BABYLONIAN TALMUD. is sufficient) ? Nay, for there is no greater authority than Moses, our master, yet God said to him tliat Aaron should act with him, as it is written [Ex. xii. i, 2]: " And the Lord spake unto Moses and Aaron, in the land of Egypt, saying: This month shall be unto j^z^ the beginning of months." Does this mean to say that a witness may act as judge ? And shall we assume that the above Mishna is not according to R. Aqiba, as on following Boraitha: If the members of the Sanhedrin saw a man commit murder, part of them may act as witnesses and part as judges, according to R. Tarphon ; but according to R. Aqiba all of them are witnesses, and no witness (of a crime) may act as judge. It may be said that the Mishna is even according to R. Aqiba. In the latter instance R. Aqiba only refers to capital cases, for it is written [Numb. xxxv. 24, 25]: " Then the congregation shall judge . . . and the congre- gation shall deliver," and since they saw him commit murder, they will not be able to urge any plea in his favor; but here (concerning the new moon) even R. Aqiba assents (that a wit- ness may act as judge). MISHNA: Every kind of cornet may be used (on New Year's Day) except those made of cow-horn, because they are called " horn " (geren), and not " cornet" {s/iojf /tar). R. Jose said: Are not all cornets called " horn ?" for it is said [Josh, vi. 5]: " And it came to pass that when they made a long blast with the horn of the Jobhel. " GEMARA: How comes it that the word Jobhel means ram ? A Boraitha teaches : R. Aqiba says : When I went to Arabia I found they called a ram " Yubla." The rabbis did not know the meaning of the word Sal- seleho in the passage [Prov. iv. 8]: " Salseleho and she shall exalt thee." One day they heard Rabbi's maidservant say to a certain man who was (conceitedly) playing with his hair, "How long wilt thou mesalsel (hold up) thy hair?" The