json/Mishnah/Rishonim on Mishnah/Rambam/Seder Moed/Rambam on Mishnah Rosh Hashanah/English/merged.json

{
    "title": "Rambam on Mishnah Rosh Hashanah",
    "language": "en",
    "versionTitle": "merged",
    "versionSource": "https://www.sefaria.org/Rambam_on_Mishnah_Rosh_Hashanah",
    "text": [
        [
            [
                "למלכים– it is his desire to state, Jewish kings, and the benefit/value in this is for the dating of documents, that when a day in [the month of] Nisan enters, we count it as an additional year on his time [as king]  (see Tractate Rosh Hashanah 2a, but Maimonides does not distinguish in his writings between Jewish kings and kings of other nations of the world).",
                "לרגלים – it is his desire to state that the Festival that is in that month (i.e., Nisan) is the first of the Festivals (i.e., Passover), and the benefit/value in this is because there is among us the geneal principle that this is what God said (Deuteronomy 23:22 – the verse quoted in the text is Deuteronomy 22:23): “[When you make a vow to the LORD your God], do not put off fulfilling it,” he does not transgress until the three Festivals have passed by.  Rabbi Shimon states that the Festival of Matzot/Unleavened Bread is first, in order that it will e according to the order, and that is what it stated here regarding the Festvals (see Tractate Rosh Hashanah 4a), but this is not the Halakha.  But when one Festival has passed and he didn’t bring his sacrifices to the Temple, he transgressed a positive commandment and this is what it states (in the Torah (Deuteronomy 12:5 and 12:6): “There you shall go.  And there you are to bring your burnt offerings and other sacrifices, [your tithes and contributions, your votive and freewill offerings, and the firstlings of your herds and flocks],” amd it is the benefit/value of knowing the New Year of למעשר בהמה  because we don’t set aside/separate the tithe from those born in this year with those born in the year after it, and this will be explained in Tractate Bekhorot (Chapter 9, Mishnah 1), and it is stated [in the Mishnah):  \"ראש השנה לשנים\" , mefaning to say, to the date of the world, and also the benefit/value in this in order to know the dates of documents (see Tractate Rosh Hashanah 8a).d",
                "ולשמיטין וליובלות – and even though the laws of the Jubillee do not begin other than from the tenth [day] of Tishrie for God said (Leviticus 25:9): “[Then you shall sound the horn loud; in the seventh month, on the tenth day o fthe month- the Day of Atonement -] you shall have the horn sounded throughout your land, behold from Rosh Hashanah its holiness commences and the labor is given up/renounced from the slaves (see Tractate Rosh Hashanah 8b) since God said (Leviticus 25:10): “You shall proclaim release throughout the land for all of its inhabitants.”",
                "ולנטיעה – this is what God said (Leviticus 19:23-24):  “Three years it shall be forbidden for you, not to gbe eaten.  In the fourth year all its fruit [shall be set aside for jubilation before the LORD],” and this is that if he planted a sapling forty four days before the first day of Tishrei, it counted for him as a year, as we explained in the Second Chapter of Tractate Sheiviit (Mishnah 6) and the year that is entering will be the second year, and here I explain to you all of this through a parable, as for example, that he planted this sapling on the fifteenth of [the month of] of Av, behold the remainded of the twenty fifth year is considered for it as the first year, and the twenty-sixth yeare is the second year and the twenty-seventh year is the third [year] , and these are the years of Orlah/the fruit of trees of the first three years, but the laws of Orlah does not renounced/given up from this planting until the fiteenth day of [the month of] Shevat in the twenty-ninth year, and it (i.e., the Mishnah) informs us tha the fruits of this spaling are forbidden until the fifteenth day of [the month of] Shevat if for Orlah, they are Orlah, and if for that which is in its fourth year, for its fourth year (see Tractate Rosh Hashanah 10a) and the laws of Orlah came before the laws of Orlah and the fourth year’s fruit of a young tree in their place.",
                "ולירקות ולאילן – the benefit/value in this is because of the general rules that were alread explained in the Order of Zeraim, that we don’t tithe from that which is new on that which is old (see Tractate Terumot, Chapter 1, Mishnah 5) and similarly kinds of tithes that change in known years regarding the Second Tithe and the Poor Person’s Tithe (see Tractate Rosh Hashanah 12b) as we have explained there."
            ],
            [
                "על התבואה – with what would happen to it, לקיון  and miniscule return/yield or increase.",
                "בני מרון – the sheep (see Tractate rosh Hashanah 18a), amd the Aramaic translation of sheep/lambs (כבשים)  is אמריא/lambs, meaning to say, that we consider with people and judge them for health or illness or death and life, and except for this from the rest of the condiions of humanity (see The Laws of Repentence , Chpater 3, Halakha 3, which only mentions life and death, but there are those who wrote that Maimonides thinks concerning health and illness like one who holds that a person is judged at all times).  And the plain meaning of this language is clear like you see, but its secret and its matter, there is not doubt that it is very difficult."
            ],
            [
                "Transmission of testimony in seeing the New Moon is not other than in Jerusalem, but from Jerusalme, the Jewish court sends out emissaries/messengers to the entire country as it will be explained.  But during the Second Temple period they would not fast on the tenth of [the month of] Tevet nor on the seventeenth of [the month of] Tammuz, but a person who wanted could fast or not fast and therefore, they would not go forth regarding [the month of] Tevet nor on [the month of] Tammuz, as God said (Zechariah 8:19): “The fast of the fourth month, the fast of the fifth month, the fast of the seventh month, and the fast of the tenth month shall beccome occasions for joy and gladnes, happy fstivals for the House of Judah,” like these He (i.e., God) gave the choise in their hands on those days that if they want, they can fast on them, or that they should not fast (see Tractate Rosh Hashanah 18b).  And the fast of the fourth month is the seventeenth day of Tammuz, because Tammu is the fourth month, and the fast of the fifth month is Tisha B’Av/Ninth of Av which is the fifth month, and the fast of the seventh month is the Fast of Gedaliah, and the fast of the tenth month is the tenth of Tevet because it is the tenth month.  But they would fast on the Ninth of Av, even though it was delivered to their wills because the troubles were multiplied on it, as will be explained in [Tractate] Taaniyot (in Chapter 4, Mishnah 6).",
                "And it is stated (i.e., in the Mishnah): \"על אלול מפני ראש השנה\" , because Elul most of the time is twenty-nine days, and when they knew [when] Rosh Hodesh Elul was, they knew when Rosh Hashanah was generally, and they (i.e., the messengers) would go forth regarding Tishrei in order that they would know when Rosh Hashanah was exactly because it is possible that Elul would be thirty days (see Tractate Rosh Hashanah 19b)."
            ],
            [
                "The witneses who saw the “New” (i.e., crescent) moon are those who \"שמחללין את השבת\"/who violate the Sabbath if they are far from Jersuaelm as will be explained further on (see Mishnah 9 of this chapter).  And it will be explained  in the teaching of [the recitation of] Musaf of each and every New Moon."
            ],
            [
                "בעליל (clearly visible) – clearly revealed (see Tractate Rosh Hashanah 21b), as for example, that it appears large and the heaves are clear and it is high above the horizon and it is possible for all to see it, because it is possible that it will appear very hidden near the redness of the sunset until one is not is not able to see it other than one whose eyesight is sharp.  Rabbi Yossi says that if it appears clear that people have already seen it in every place, it certainly has already been seen in Jerusalem and there is no need for these witnesses, and therefore, we don’t violate the Sabbat.  But the Halakha is not according to Rabbi Yossi."
            ],
            [
                "He did not do this but rather because he saw that the testimony that in their mouths was not useful.  Rabban Gamaliel said to him – even though that their testimony is not useful, it is possible that in the future, the testimonyh of one of them will be useful for another New Moon, and he should not come before us to testify beaus they didn’t hear his words in the past.  And the Halakha is according to Rabban Gamaliel."
            ],
            [
                "Whomever authorizes the testimony of the New Moon with relatives learns from what the Torah stated (Exodus 12:1-2): “The LORD said to Moses and Aaron in the land of Egypt:  This month shall mark for you the beginning of the months,” this testimony will be acceptable through you.  But the Sages state that this testimonyh will be transmitted to them (see Tractate Rosh Hashanah 22a) meaning to say, that the vieweing of the New Moon, its matter is given over to the Jewish court/Bet Din, not to every person who saw it is able to make a Festival on account of his viewing.  But the Halakha is not according to Rabbi Shimon."
            ],
            [
                "The laws of those who are ineligible to provide testimony and their conditions will be explained in Tractate Sanhedrin (Chapter 3, Mishnah 2)."
            ],
            [
                "We have already explained to you that on the sixth chapter of [Tractate] Pesahim that in every place wher it states the word \"מועד\", it means to say even on the Sabbath."
            ]
        ],
        [
            [
                "The order of the language is such:  If the Jewish court/Bet Din does not recognize this pair that testified on the New Moon,  the people of the place send another set [of witnesses] with him to testify that this pair is appropriate/kosher (see Tractate Rosh Hashanah 22b).  And afterwards he explained the reason that on account of it, they don’t accept the testimony other than from a person who is known or that is known by others, and it states [in the Mishnah]:  \"בראשונה וכו'\" – tha the sectarians would hire false witnesses to testify regarding the New Moon."
            ],
            [
                "The Cutheans would raise fire signals at an inappropriate time announcing the New Moon in the moutains, and everyone who saw the fire signals would also kindle [them] on hhis own as he thinks that the lighting began in Jerusalem."
            ],
            [],
            [],
            [
                "All of this is clear and obvious and we have already advanced to you the general rules of this last Halakha in the fourth chpater of [Tractate] Eruvin (Mishnah 3)."
            ],
            [
                "לפני החמה או לאחר החמה – meaning to say, the side that shines within it that was towards the son or the darkness that is within it that was towards the sun.",
                "And it states [in the Mishnah]: \"לצפונה או לדרומה\" – on account of the fact that the moon and the stars incline/lean from the path of the sun sometimes to the south and somethings to the north and it is possible that the width of of the moon would be northward at the time of its appearance and it is possible that it would be southerly.",
                "And it states [in the Mishnah]: \"כמה היה גבוה\" – that is to say, how much was its height above the horizen before the the sighting with the eye.",
                "ולאין היה נוטה– meaning to sya , its extremities, because ithe leaning of the inclination of the moon changes in the directions of the world according to the width of the place and the widoth of the moon and its place in the constellations.",
                "וכמה היה רחב– because the size of the moon itself changes when it renews itself in accordance with its drawing near to and its becoming distant from the sun.  And the reasons for all of these changes and their knowledge, it is impossible to know them other than after knowing the kinds of many wonderous knowledge and the wisdom of astronomy  and they would calculate the path of the moon in each month and know if they would see or not see it, according to what the exact calculation shows, if they knew that it would not appear, they would not rely on the words of the person who states that they saw it, for he is surely a false witness, but if they knew through the manner of the calculation that it really was possible tha tit would appear from the side of the calculation, but it is possible that that it would be hidden by the clouds, or that they heavesn were not clear, ior that that the place that they see from there is deep,and tehefore, they would not see it, and therefore we examine them if the testimony of he sees is corrrect or a lie in these matters that he mentioned, because they would calculate and know to wichi direction the moon is wife in the north or in the south, and how will be the placmeent of its extremities in the directions of the horizon, and the measurement of the brightness that one could see from it, and how much is its height according to the sion of the eye, if their testimony isappropriate to what that the calculations demonstrate, they would do acccording to their testimonyu if they were true witnesses as we have explained.  But if not as for example, that they (i.e., the witnesses) said that saw it turning/diverting from the pathway of the sun to the northern side, and the width of the moon is southernly, we would know without a doubt that they are false witnesses.  But you do not invalidate their testimony when they say how high it was other than if the two witnesses disputed in the measurement of its height with a large division (see Tractate Rosh Hashanah 24a).  But if they all of them said  that it was like ten cubits high, or that all of them said like one hundred cubits, their testimony is not contradicted through these words, because state like this measure it was its height according to the vision of tehir eyes.  And as a result of these general rules that I have explained to you, they would make the viewing of the New Moon.  But I am surprised about the person whoe contradicts and argues in this clear matter anad states that the Jewish religion is not built on the observation of the New Moon other than on caluclations alone, and that he believes in all of these statements, and I don’t think that a person who states this believes in it, but rather, it was his purposes in this matter to pierce his opponent  in any manner that will be that won’t be in righteousness, or in righteousness since he did not find refuge from the pressure of the argumentation. And what is appropriate that you believe is that the essence of our religion is built upon the visual,but if the New Moon is not seen, we complete thirty days for the month that is departing, and the language of the Mishnah and the Talmud and the many stories that occurred in this matter over the course of all the years testify to the truth of this matter.  God stated (Exodus 12:2): “This month shall mark the beginningn of the months,” and the it comes in the true accepted tradition that teaches that the Holy One, blessed be He showed Moses the image of the moon and said to him:  (see Tractate Rosh Hashanah 20a and the Mekhilta) “see like this  and sanctify it.”  And they would not rely on calculations other than in order to know if it (i.e., the New Moon) appeared or did not appeared as I have explained to you, not that they should rely upon the calculations alone and make the New Moon according to the calculations if it obligatgs that it appeared, and the secret of the intercalation that the Holy One, blessed be He transmitted to Moses at Sinai (see Tractate Shabbat 75a according to the version of the Tosafot in Tractate Ketubot 111a, s.v., שלא  and see the eighth chapter of Pirke D’Rabbi Eliezer)  this is the order of the calculation that it is possible to know the difficult measurement of exact viewing/sighting, for the masters of astronomy from all the nations and also the philosophers are divided regarding this until now  and beyond.  And it is not clear to them its exact measure, and this calculation that is in our hands today is part of that same calculation and its introduction , which is not other than that a collected calculation of the average sun and moon alone, and I will explain to you in a special document this matter  that is in our hands and what is its purposs in clear sightings that will not contradict them but rather whomever that we are able to djudge favorably if it is stated is not known, beause most people and perhaps all of them don’t’ know antyhing othetr than the summery total alone, meaning to say, to refine numbers upon numbers an those who think that they have already attained great knownledge, but they don’t know this neither the matter nor the purpose  if it is suitable for seeing or not.  And when it will be explained to another of the wifse people tha tit is not approprioate for sighting at all, it comes to be a contradiction of clear things and he states that we don’t do it through sighting and the essence is the Torah calculation.  But a disagreement did not fall betwween people and they contradicted the truth, but rather on account of the lack of knowledge.  And he would not undestand this value of what we stated and  and raised in these small things that preceded, and not what we will explain in that document that we will compose, but rather that a religious person and a person of faith and will to know the truth and does not deceive himself, and the condition that we have aalreday validated himself  for many years with those studies that make a person fit until he reaches from them an important knowledge, and if not, my words will be in his hands (Proverbs 17:16): “ like money in the hand of a fool.”"
            ],
            [
                "זמנו – this is the night of the thirtieth day of the concluding month.",
                "ושלא בזמנו – the night of the thirty-first which is the night of Rosh Hodesh in any case whether the  New Moon appeared [or] whether it did not appear.  But the first Tanna says that even though it is the night of Rosh Hodesh whether it (i.e., the New Moon) appeared [or] whether it did not appear, it is necessary to sanctify the [New] Month.  But Rabbi Eleazar says that there is no obigation to sanctify the [New] Month in any manny matter, as it states (Leviticus 25:10): “And you shall hallow the fiftieth year.”  You sanctify years, but you do not sanctify months (see Tractate Rosh Hashanah 24a, but even though it is not the method of Maimonides to mention the words of Tannaim tha tare not mentioned in the Mishnah, here he found it appropriate to mention the approach of Rabbi Eleazar that is brought in the Talmud which is a third approach.  And it appears that it was not in his textual version that was an addition in parentheses in our version.  It is astonishing that he did not mention the approach found in our Sugyah an in Tractate Sanhedrin 10b.  Rabbi Obadiah of Bartenura thought that the words of Maimonides are based on the words of Rabbi Eleazar the son of Rabbi Tzadok  and brougth these words anonymously), meaning to say, tha thte sanctification of every motnh is not obligatory.  Ands the Halakha is according to Rabbi Eleazar the son of Rabbi Tzadok."
            ],
            [
                "He would draw on a board the measurement of the light that would be in it, and placement of its borders for the directions of the horizon, and many many would draw sas such that deal with the paths of the stars, and don’t think that when it (i.e., the Mishnah) states: \"ראינוהו שחרית במזרח וערבית במערב\" what the ignorant imagine that they believeed inthese two things together, but it was possible for Rabban Gamaliel that the moon would appear in the east before sunrise, and on the same day itself, it would appear in the west after sunset, but since this is certainly prevented, it is would be completely impossible, and a person would not believe in this other than a common person which includes all of the commoners that do not attain from the traveling path of the spheres other than what the ox and the donkey comprehend, and more, he brings them to this imagery of what is stated in the Talmud:  Rabban Gamaliel said to the Sages:  Such is what I received from the house of my grandfather sometimes it comes at length and sometimes through a short [path] (see Tractate Rosh Hashanah 25a – and Rashi’s commentary there on the Mishnah s.v. \"עדי שקר הם\" ) . amd the matter of these things that  the time that is betweem the ingathering of the sun and the moon and the sighting which makes a great change in accordance with the speed of the moon and its procrastination/slowness  and according to its width in the north and in the sourth, and according to the length of the setting of the constellation that it is within and the shortness of its sunset, and according to the change  of its appearance in length and width , and according to the change of the movement of the sun.  And on these changes all of them are the causes of the shortness of the time between the ingathering of the sun and the moon and tween its appearnce of its length, it states that sometimes it comes in length and sometimes in shortness.  And whomever has knowledge in the wisdom of the astronomy will understand everything that I said. But Rabban Gamaliel with his exacting knowledge of this wisdom knew that it is possible that it (i.e., the moon) could appear this evening, and therefore, he accepted their (i.e., those of the witnesses) when they said, “we saw it (i.e., the crescent New Moon) in the evening in the west, without fear for what they said about [seeing it] in the morning in the east, because the Torah did not obligate us to accept testimony of its appearnce in the morning.  But not because he thought that they (i.e., the witnesses) lied, but that the matter dependended upon the fact that they imagined that they saw something that is similar to the moon but it was nothing, for it is impossible that it would appar in the morning of that same dasy.  Because it is possible that he would draw/paint in the air the image of the moon as we had said, and already, they mentioned this in the Talmud and stated that one time, the sky was overcast and it appeared like the moon on the twenty-seventh [day] of the month etc. (see Ttractate Rosh Hashanah 25a and  Rashi’s commentary there), and when Rabban Gamaliel accepted their testimony that the moon appeared near the sunset, the Sages disputede with him on this, because there wasn’t between it and the required gathering of time that it would appear according to their calculations which are not exact, and therefore, he transmitted to them the general principle that sometimes it comes at length, and sometimes shortly.  And therefore, one must interpret anhyone who understands and is enlightened and possesses personal differentiation.",
                "And it states [in the Mishnah]: \"ראינוהו בזמנו ובלילי עבורו לא נראה\"  because he saw it (i.e., the New Moon) on the night of the thirtieth [of the month] and did not see it on the night of thirty-first [of the month], and the calculation requires that it should appear on the night of the thirtieth [of the month] as we have explained, and rightfully he believed them for they had testified on the appearance [of the New Moon] at the time of the appearance, and that which they said that they did not see it on the second night, this does not obligate us at all, for perhaps their sight was weak, or that the clouds covered it and they did not feel it.  And from here it strengthens the understand of the explanation that we have made because also in this episode, Rabban Gamaliel did not believe them that the moon appeared on the night of the thirtieth [of the month] and it retreated backwards towards the sun and was hidden on the night of the thirty-first [of the month], but rather, he (i.e., Rabban Gamaliel] believedd their testimony that they had given in its appearance at the time of the appearance, and the matter was dependent upon their seeing it, with what they stated in the first episode that hey saw it in the morning on that same day, and also when they stated in the second episode that they did not see it (i.e., the New Moon) afterwards on the second night of the month."
            ],
            [
                "This is clear and correct."
            ]
        ],
        [
            [
                "The subject of this Mishnah:  \"ראוהו בית דין וכל ישראל או שנחקרו העדים ולא הספיקו לומר:/the Jewish court/Bet Din had seen it or the entire Jewish people had seen and he witnesses were examined, but they didn’t manage to proclaim [that the New Moon is sanctified].  Because since the Bet Din saw it or the the entire Jewish people, it would aise in our minds that it does not require sanctificatio since the matter is well known/attested, therefore, it comes to inform you that nevertheless it is necessary to state, “It is sanctified, It is Sanctified,” and then that day will be Rosh Hodesh.  It might arise in our minds that it is like that an individual who is an expert is permitted to judge even though the essense of laws is with three judges as will be explained in its place (see Tractate Sanhedrin, Chapter 1, Mishnah 1 and folio 5a, so too it is permitted to sanctify the New Moon with an individual [witness], therefore it coes to inform you that this is not the case other than with three [judges] or more according to what God said (Exodus 12:1): “The LORD said to Moses and Aaron in the land of Egypt, etc., as we have explained above (see Tractate Rosh Hashanah, Chapter 1, Mishnah 7).  And similarly it might arise in our minds that since the witnesses were examined during the day and their testimony was confimred on the thirtieth day that they saw it (i.e., the New Moon) the previous evening it became clear that that day was Rosh Hodesh een though the Bet Din did not manage to declar, “It is sanctified, It is sanctified” other than at night on the night of the thirty-first [of the previous month], and their statement that will be “that it is sanctified, that it is sanctified” is like a close of legal proceedings, because the general principle among us is that the close of the legal proceedings can be at night (see Tractate Sanhedrin 32a), therefore, it comes to inform us tha the Sanctification of the New Moon should not be at night in any manner because Scripture calls it a judgement and it is stated (in Psalms 81:5): “For it is a law for Israel, a ruling of the God of Jacob.\" and a law/judgement cannot be other than during the daytime, for behold God said (Deuteronomy 21:5): “and every lawsuit and case of assault is subject to their ruling,”  Just as the seeing/examination of “plagues” (called “assault” in the JPS translation of the verse) is during the daytime and not at night, even judgements are during the daytime and not at night(see Tractate Sanhedrin 34b and see also Tractate Yevamot 104b and Tractate Nidah 3a).  for the examination of plagues does not take place other than during the daytime, as it states (Leviticus 13:14): “But as soon as undiscolored flesh appears in it, he shall be impure” (where the words\"וביום הראות בו\"  are literally translated as “during the day when it appears in it), during the daytime but not at night. And therefore, Rosh Hodesh will be on the thirty=first day, and the month that has completed will be a leap month, meaning to say, thirty days, and even though the New Moon appeared  on the night of the thirtieth day since the New Month was not sanctified on the thirtieth day (see Tractate Rosh Hashanah 25b).  aNd from what you need to know that the New Moon appeared at its proper time, which is at the end of the twenty-ninth [day] and there remains a delay during the daytime in order to state, “It is Sanctified, It is Sanctified,” prior to the appearance of the stars , this is mpermitted even though the sun had already set, because among us, night is not other than with the coming out of the stars, as we have explained in the Second Chapter of [Tractate] Shabbat (Mishnah 6;  see also the Laws of the Sanctification of the New Moon, Chapter 2, Halakha 9).  And I have mentioned to you  this inorder that you should not think tha tht eh Sanctificarion of the New Moon should never be other than on the thirtieth day [of the month]  but that it is possible that it will be before the night of the thirtieth [day] as we have explained."
            ],
            [
                "The calling of the horn of a cow a horn is the word of God (Deuteronomy 33:17): “Like a firstling bull in his majesty, He has horns like the horns of the wild-ox.” But the Sages pleaded on Rabbi Yossi with this when they said to him that arll of the Shofarot ae called “a horn” and were called a Shofar, [but] that of a cow is called a horn but is never called  a shofar (see Tractate Rosh Hashanah 26a).  And the Halakha is not according to Rabbi Yossi."
            ],
            [
                "This order did not exist other than in the Temple, as it states (Psalms 98:6): “With trumpets and the blast of the horn raise a shout before the LORD, the King.”  But when one is not in the Temple, one does not blow other than with a Shofar alone on Rosh Hashanah.  And we don’t blow on fast days other than with trumpets alone (see Tractate Rosh Hashanah 27a) .  And they made (see the legal decsion in the Laws of Fasts, Chapter 1, Halakha 1 – which is a unique commandment) the commandments of the day of a fast with trumpets because a fast day is not other than because of the troubles of a commnunity, and behold God stated (Numbers 10:9): “[When you are at war in your land] against an agressor who attacks you, oyou shall sound short blasts on the trumpets, [that you may may be dremembered before the LORD your God and be delivered from your enemies].”]"
            ],
            [],
            [
                "בתקיעה– that is to say the number of blasts of the Shofar",
                "ובברכות – meaning to say the number of blessings that are in the Amidah, and its number will be explained.  And it stated [in the Mishnah] above that the Shofar of Rosh Hashanah is of an ibex, but this is not the Halakha, and similarly, the Halakha is not according to Rabbi Yehudah.  And the Decided Halakha is that the Shofar of the the Jubilee [Year] and of Rosh Hashanah is of bent males (see Tractate Rosh Hashanah 26a)."
            ],
            [
                "נסדק פסול – if it (i.e., the Shofar) is split/cut off lengtgh-wise, but if it is split width-wise after the place of of the split that the measurement of the Shofar is enough in order that he can hold it in his hand and it exudes to here and to there, it is fit/kosher *see Tractate Rosh Hashanah 27b).  But there are in its piercing/perforating differences in the laws, and it is that one must stop up the perforation, but if one stopped it up with its own kind and there remained in ti the majority that was whole without a perforation, and the holes did not prevent the sounding [of the Shofar] as it explains, it is fit/appropriate.  But if one closed it up with something that is not of its kind, it is invalid (and see that Maimonides decreed the same thing in the Laws of Shofar, Chapter 1, Halakha 5).",
                "ובור-  it is a trench/ditch in the body of the ground.",
                "וחדות-  a pool/cistern whose walls are high over the ground (see also Maimonides’ explanation in Tractate Kelim, Chapter 5, Mishnah 6 and also in the Laws of Selling, Chapter 25, Halakha 2).",
                "פיטם – a large earthenware vessel , and it is outside of the ditch/trench that we mentioned.",
                "אם קול הברה שמע לא יצא- but those who are within the trench/ditch  fulled their religious obligations, and the person who sounds the Shofar must intent dto fulfill the religious obligations of those who hear it and further the listener must intned to fulfill his [own] religious obligation [by hearing the sound of the person blowing the Shofar] and he fulfills his religious obligation.  And the reason that the Mishnah did not make the condition here regarding religious intentionality informs us that because he is the Hazzan of the synagogue, and the representative of the community is not appointed initially other than to fulfill the religious obligations of the community, and therefore when he sounds the Shofar he intends to fulfil the religious obligations of all those who hear him, and therefore, we don’t have require anythnig other than the knowledge/awareness of the person who hears it (see Tractate Rosh Hashanah 29a)."
            ],
            [],
            [
                "All of this is clear according to what is necessary here in this matter that we are dealing with and according to the purpose of the book."
            ]
        ],
        [
            [
                "Whe have already explained several times (see Tractate Maaser Sheni, Chapter 2, Mishnah 4, Tractate Shekalim, Chapter 1, Mishnah 3, and Tractate Sukkah, Chapter 3, Mishnah 10)  that [the word in the Mishnah]: \"מקדש\"  is what all of Jerusalem is called. ומדינה – all of the rest of the Land of Isarel, and the reason that on its account that the Sounding of the Shofar on Shabbat is forbidden is a decree lest one carry it in his hand and traverse four cubits in the public domain (see Tractate Rosh Hashanah 29b) as we have explained regarding a Lulav [and Etrog] (see Tractate Sukkah, Chapter 4, Mishnah 2), because the Sounding of the Shofar is not work.",
                "And it is stated [in the Mishnah]: \"אחד יבנה ואחד כל מקום שיש בו בית דין\" – which means to say that even if there were Jewish courts in Maassah  and they camped in a particular place, not in order to dwell there, they are permitted to sound the Shofar there, but it is not the Halakha, but rather like it stated earlier, that we don’t sound the Shofar other than in a place whewre there is a fixed Jewish court/Bet Din (see The Loaws of Shofar, Chapter 2, Halakha 9, that is made of up those with those with Rabbinic ordination and with a great Sage).  But thte Halakha is not according to Rabbi Eliezer."
            ],
            [
                "It is stated [in the Mishnah]: \"ועוד\", which implies that there was there another matter other than this that it mentiond, and it is this, that in Jerusalem, every person would sound the Shofar whnever the Bet Din was sitting in the Temple, but in Yavneh, they would not sound the Shofar other than in the Bet Din alone, as it mentioned (see Tractate Rosh Hashanah 30a), but they did n’t say reagrding a Bet Din that the shounding of Shofar would occur on Shabbat because they were scrupulous that they would not come to making an unintention error (see Tractate Shabbat, chpater 7, note 15 and Chapter 19, note 2) in a case ssuch as this."
            ],
            [
                "We have aready advanced our comments on this Halakha in the third chapter of [Tractate] Sukkah {Mishnah 10).,"
            ],
            [
                "נתקלקלו הלןוים בשיר (the Levites were misled in the Psalm/song) – that they didn’t recite the song/psalm at all (see Tractate Rosh Hashanah 30a) for they didn’t know if it was a weekday and that witnesses did not would not be coming to testify on the appearance [of the New Moon] or that it is Sanctified and the witnesses would come at the end of the day.  Because at any rate, one must sastate tha Psalm for every sacrifice as will be explained in its place (see Tractate Tamid, Chapter 7, Mishnah 4.  And the time of Minha is the time for the offering of the daily burnt offering of the eventide, and when they offered it, they do not offer after it anything as will be explained in the fifth [chapter] of [Tractate] Pesahim.",
                "ומקום הועד – the place of meeting, meaning to say, the place that is known for the sitting of the Bet Din, in order that there be only one place that the witnesses will come to and they won’t have to search  over several places that are clear and it is obvious/simple that every Bet Din that is mentioned in this subject are  ordained in the Land of Israel  like we will explain in [Tractate] Sanhedrin  (Chapter 4, Mishnah 3)."
            ],
            [
                "God stated  concerening Rosh Hashanah (Leviticusd 23:24): “a sacred occasion commemorated with loud blasts,”/\"זכרון תרועה\" and it comes in the accepted tradition that [the word] “remembrance” is the Zikhronot [section of Musaf Amidah].  The [word] “Teruah” these are the Shofarot [section of the Musaf Amidah]. (see Tractate Rosh Hashanah 32a).  And it is stated further (Numbers 10:10): “And they shall be a reminder of you before the LORD your God.  I, the LORD, am your God.”  It comes in the accedpted tradition that this fact that [the Biblical text] doubles “I, the LORD, am your God” is an analogy/Binyan Av. – that every place where it states Zikhronot and Shofarot, the Malkhyyot (Prayers for God’s sovereignty) will be with them.  And it is from what is appropriate that the Malkhuyot prayers should come first, followed by the Zikhnorot and and after them, the Shofarot, as it is stated (Tractate Rosh Hashanah 16a):  State before me the Malkhuyot prayers in order that you proclaim My sovereignty  upon you, the Zikhronot, in order that that your rememberances will arise before Me for Good, and conclude with Shofar.  And the Halkah is according to Rabbi Akiva."
            ],
            [
                "The words [in the Mishnah]:  \"[מ]עשר [מלגכויות, מ]עשרה [זכרונות]\"  means to say, ten [Biblical] verses, three from the Torah, and three [verses] from the Writings (i.e., the third section of the Bible) and three [verses] from Prophets and one [verse] from the Torah completes it. But Rabbi Yohanan ben Nuri states that if one reitces one verse] from the Torah and one [ verse] from the Writings and on[] from the Prophets, he has fulfilled his religious obligation (see Tractate Rosh Hashanah 32a) and the subject of the words of Rabbi Yossi that are stated here because it is known that he is explaining this, that just as one fulfills one’s religious obligation if he completed [with a verse] in the Torah, so also if he completed [with a verse] in the Prophets, he has fulfilled his religious obligation (see Tractate Rosh Hashanah 32b).",
                "וזכורן ושופר ומלכות של פורענות  - as for example (Psalms 78:39): “for He remembered that they were but flesh”, (Hosea 5:8): “Sound a ram’s horn in Gibeah” etc., “[As I live- declares the Lord God -] I will reign over you with a strong hand and an outstretched arm, and with overflowing fury.” And hence, we don’t fulfill our religious obligation with the [mention] of a emembrance of an individual, as for example (Nehemiah 5:19): “O my God, remember to my credit [all that I have done for this people].”  And the Halakha is according to Rabbi Yohanan ben Nuri and according to Rabbi Yossi."
            ],
            [
                "This was not enacted other than at a time of religious persecution.  Because there were guards over the person leading the prayer service at Shaharit/the morning service that he should not sound the Shofar, and when the Amidah [of Shaharit] was completed, the guards leave, and therefore, the person who sounds the Shofar stans aftewards for the Musaf prayer, and it is stated [in the Mishnah]: \"ובשעת ההלל\" , since we don’t recite Hallel neither on Rosh Hashanah nor on Yom Kippur (see Tractate Rosh Hashanah 32b), because they are days of prayer and submission before God and fear of Him and test before him and repentance and supplication and the request for pardon, and it is not appropriate in these conditions to be happy and to rejoice."
            ],
            [
                "It has already been explained to you (i.e., Tractate Shabbat, Chaper 2, Mishnah 1 and Tractate Pesahim, Chapter 7, Mishnah 10)  that the Festival day is a positive commandment and a negative commandhat you cut it with a ment, since this is stated [in the Torah] (Leviticus 23:32): “It shall be a sabbath of complete rest for you”  which is a positive commandment, and it states [in the Torah] (Lecutive 23:31): “Do no work whatsoever”, is a negative commandment, but the Sounding of the Shofar is only a positive commandment.  And the general principle among us is that a positiive commandment does not come and supersede a negative commandment and a positive commandment (see Tractate Rosh Hashanah 32b).",
                "ודבר שהוא משום שבות- as for example that you should cut it with a knife.",
                "ומשום לא תעשה – that you should cut it with a saw which is a complete form of labor/work (see Tractate Rosha Hashanah 33a and according to the textual reading of the RIF/Rabbi Isaac Alfasi).",
                "ואין מעכבין את התינוקות מלתקוע – and even on the Sabbath, but with the condition that he has already approached becoming a man in order that he knows to fulfill his religious obligation when Rosh hashanah arrives (see Tractate Rosh Hashanah 33a nad in the Laws of Shofar, Chapter 2, Halakha 7, which implies specifically that he had not yet reached the age of education.  But there are two readings in the RIF, one lenient – here lenient and there strict)."
            ],
            [
                "The general rule among us is that the Shofar blowing for Rosh Hashanah and the Shofar blowing for the Jubilee are equivalent,and everything that is stated regarding the Rosh Hashanah Shofar blowing is indeed an obligation  also on the Jubille, and all that is said regarding the Shofar blowing on the Jubilee is also obligatory on Rosh Hashanah, and like these, all the Biblical verses that were stated for each one of the two days are together, and all of this is is the case because God said (Leviticus 25:9): “Then youshall sound the horn loud in he seventh month, [on the tenth day of the month -the Day of Atonement – you shall have the horn sounded throughout your land],” (see Tractate Rosh Hashanah 33b) and it comes in the received tradition that all of the of the Teruot of the [first day of the] Seventh Month are this like that (see Tractate Rosh Hashanah 34a).  And another general principle among us is that each Teruah/tremolo has a Tekiah before it and and a Tekiah after it, and so they stated in the received tradition:  From where that a simple sound precedes it?  The inference teaches us (Leviticus 25:9): “”you shall have the horn sounded/תעבירו שופר” (see  Tractate Rosh Hashanah 33b) and the word “Teruah” is multiplied/doubled on Rosh Hshanah and Yom Kippur three times, (Leviticus 25:9): “And you shall sound the Shofar loud in the seventh month,etc.” and (Leviticus 23:24): “you shall observe complete rest, a sxred occasion commemoratd with loud blasts,” (Numbers 29:1): “You shall observe it as a day when the horn is sounded,” behold these are the three Teruot/tremolo sounds , and the six Tekiot as as we have explained, they make the nine Tekiot that are obligatory on Rosh Hashanah and Yom Kippur [of the Jubilee year].",
                "And it is stated [in the Mishnah]: \"שעור תקיעה כדי שלש תרועות\" – meaning to say that the measure   And  all of the Tekiot which are six is like the measurement of all of the Teruot/tremolo sounds which are three, and how we sound tny Tekiot as is known, because it is doubtful to us iisf the Teruah that is spoken of in the Torah is like a יללא/lamentation or howlinhat, it raises its voice and g or that the Teruah is three broken notes, or that the nomenclature Teruah falls upon both kinds together (see Tractate Rosh Hashanah 34a), and therefore, we sound the Shofar תשר\"ת  (Tekiah, Shevarim, Teruah, Tekiah ) three times, and תש\"ת  (Tekiah, Shevarim, Tekiah)  and תר\"ת  (Tekiah, Teruah, Tekiah) three times, but we don’t sound תרש\"ת   (Teruah, Shevarim, Teruah)  because we found it stated in the Aramaic translation of the word תרועה  is יבבא/an alarm.  And it is stated (Judges 5:28): “Through the window peered Sisera’s mother/\"בעד החלון נשקפרה ותיבב\" and it is known that if evil comes upon a person it is from a pretext first like the three broken sounds, and afterwards he raises his voice and speaks like a Teruah/tremolo.",
                "And it is stated [in the Mishnah]:  \"תקע בראשונה וכו'\" /if one sounded a sustained note first.  It’s explanation is that iff one sounded a Tekiah/sustaining note first that is prior to the Teruah/tremolo note and made it longer for a period of time, and afterwards sounded the Teruah/tremolo, and after that sounded a second Tekiah/sustained note and lengthened it double in measurement of the first one in order that it is could for him according to his understanding  in place of two Tekiot one at the end of the first gate/segment  and the second at the start of the second gate/segment, it comes to inform you that it does not count for him othr than the one Tekiah alone, and even if if he lengthened it all what is bpossible, he does not have in his hand other than only one gate/segment.",
                "And he wanted as  it is stated [in the Mishnah]:  \"מי שברך\"  - he recited the prayers [of the Musaf service with Malkhuyot, Zikhronot and Shofarot] that the prayer is nine blessings which were mentioned above, and they are the first three [blessings] and Malkhuyot, Zichronot and Shofarot and the last three [blessings].",
                "And it is stated [in the Mishnah]:  \"כשם ששליוח צבור חייב\" – meaning to say that he is obligated in the blessings.  And the dispute between Rabban Gamaliel and the Sages is not regarding the prayer of Rosh Hashanah [Musaf] alone, but rather that they disputedd in all of the prayers, for the Sages state that the Shaliah Tzibbur/emissary of the congregation does not fulfill the religious obligations other than those who do not know how to pray, but a person who knows how to pray does not fulfill his religious obligation other than through his own prayer.  But Rabban Gamaliel holds that he fulfills his religious obligation through the prayer of the Shaliah Tzibur those who knows [how to pray] and those who don’t know [how to pray].  And the Halakha is according to Rabban Gamaliel only on Rosh Hashanah and Yom Kippur (see Tractate Rosh Hashanah 35a), beause of the length of the prayers on those two days."
            ]
        ]
    ],
    "versions": [
        [
            "Translation by Rabbi Robert Alpert, 2023",
            "https://www.sefaria.org/texts"
        ]
    ],
    "heTitle": "רמב\"ם על משנה ראש השנה",
    "categories": [
        "Mishnah",
        "Rishonim on Mishnah",
        "Rambam",
        "Seder Moed"
    ],
    "sectionNames": [
        "Chapter",
        "Mishnah",
        "Comment"
    ]
}