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

{
    "title": "Bartenura on Mishnah Rosh Hashanah",
    "language": "en",
    "versionTitle": "merged",
    "versionSource": "https://www.sefaria.org/Bartenura_on_Mishnah_Rosh_Hashanah",
    "text": [
        [
            [
                "ארבעה ראשי שנים הן. למלכים – [Regarding] Israelite kings, we count for them from Nisan, for if King ruled [in the month of] Shevat or Adar, when Nisan arrived, he completed for himself one year and we begin to count the second year. And we derive this from Scripture from Nisan we count this for them, as it is written (I Kings 6:1): “In the four hundred and eightieth year after the Israelites left the land of Egypt, in the month of Ziv – that is, the second month – in the fourth year of his reign over Israel, Solomon [began to build the House of the LORD].” [The Rabbis] make an analogy between Kingdom of Solomon and the Exodus from Egypt. Just as [concerning] the Exodus from Egypt, we count it from Nisan, so too for the Kingdom of Solomon we count it from Nisan. And for the kings of the nations of the world, we count from Tishrei, and that is as it is taught in the Mishnah further along, that “the first of Tishrei is the first day for years, that is for the years of the kings of the world. And we derive from it, that since we are accustomed to count the time of documents by the years of the king from the year that he stood in [rule] because of the peace of the kingdom, for if the king stood in Adar and the scribe wrote for him [a document] in the Nisan of after thirteen months, Nisan of the second year, since that Nisan is the New Year of the Kings, it would be an antedated note and ineligible [for use], because this Nisan would be of the third year. And antedated notes of indebtedness are ineligible [for use], for it is found that he would be seizing sold property unlawfully, that they took the field from the borrower whether from the time of the document until the time of loan, which is not according to the law, for the sale had preceded the loan. Therefore, they fined him to lose also from the time of the loan onwards and he may not collect from mortgaged properties.",
                "ולרגלים – This is how it should be understood: The Festival that it is, which is Passover, is the New Year for Festivals concerning those who make vows, for if three festivals passed upon him from the time that he made a vow and he didn’t fulfill it, he violates the prohibition of being late to fulfill it (see Deuteronomy 23:22,24: “When you make a vow to the LORD your God, do not put off fulfilling it, for the LORD your God will requite it of you, and you will have incurred guilt…You must fulfill what has crossed your lips and perform what you have voluntarily vowed to the LORD your God, having made the promise with your own mouth.” See also Ecclesiastes 5:3: “When you make a vow to God, do not delay fulfilling it. For He has no pleasure in fool; what you vow, fulfill.”). But Rabbi Shimon says that he does not trespass it on delaying [fulfillment of the vow] until three festivals have passed in order, and the Festival of Matzot (i.e., Passover) is first, as they are arranged in Scripture (Deuteronomy 16:16): “[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 the LORD your God in the place that He will choose…]”; and the legal decision is that when only one festival passes, and if he didn’t bring his vow, he transgresses a positive commandment, as it is written (Deuteronomy 12:5-6): “…There you are to go. And there you are to bring your burnt offerings [and other sacrifices, your tithes and contributions…].” The first festival that you come to, you must bring, and when three festivals have passed, you have transgressed on not being late. But the Halakha is not according to Rabbi Shimon who requires three festivals in their order.",
                "ראש השנה למעשר בהמה – for we do not tithe from those born in this year together with those which were born in its neighbor, as it is written (Deuteronomy 14:22): “You shall set aside [every year] a tenth part [of all the yield of your sowing that is brought from the field].” The Biblical verse speaks of two tithes, one the tithe of grain and the other is the tithe of cattle, and the Biblical verse says: \"שנה שנה\"/”every year,” and not from one year on its neighbor.",
                "ורבי אלעזר ורבי שמעון אומרים באחד בתשרי – Since they (i.e., the Rabbis) made an analogy between the tithing of cattle and the tithing of grain, just as [concerning] the tithing of grain – its Rosh Hashanah is Tishrei, so, also, the tithing of cattle, its Rosh Hashanah is Tishrei. And the First Tanna holds that since they made an analogy [between] the tithing of cattle to the tithing of grain, as it is written, “You shall set aside [every year] a tenth part [of all he yield of your sowing that is brought from the field],” just as grain is when it is near to completion of its tithing, whose Rosh Hashanah is Tishrei, and it is near to being completed, for all the days of [sunlight], it stands in the granary to dry out, so too the tithing of cattle, which is close to its being completing its being tithed, which is the first Elul, as the cattle give birth in [the month of] Av where their pregnancies being completed, and this we derive from Scripture, as it is written (Psalms 65:14): “The meadows are clothed with flocks, the valleys mantled with grain…” When are the meadows clothed with flocks – that is to say, when they are clothed from the males coming up and becoming pregnant? At the time when the valleys are mantled with grain, that is, in Adar, when the seeds sprout and are well-recognized, and they give birth in Av, for the time of pregnancy of small cattle is five months. Therefore, the New Year of the tithing of cattle is on the first of Elul, near its completion.",
                "לשנים – for the years of the kings of he world, as we have explained above.",
                "ולשמיטין וליובלות – When Tishrei enters, it is forbidden to plow and seed from the Torah.",
                "ולנטיעה – if he planted a tree forty-five days prior to the first of Tishrei, which are two weeks for taking root, for the shoot/young tree takes root in two weeks, and thirty days after taking root is considered a year, for thirty days in a year are considered [to be] a year, which is forty-five days. And when the first of Tishrei arrives, we count it as the second year of the years of fruit of trees of the first three years, and the Tishrei of the next year, we count it as the third year, and after the third ear, when the first of Tishrei arrives of the fourth year, if this plant formed recognizable fruit, they are still prohibited [from being consumed] because of fruit of trees of the first three years/Orlah; and even though Tishrei is the Rosh Hahanah for planting, Tu Bishvat is the New Year for the tree and this has already become a tree. Therefore, its year does not become renewed to leave the status of Orlah/fruit of the first three years until Tu Bishvat. And from then on, if fruit form on it, it has the status of Fourth Year fruit which are to be consumed in Jerusalem. And on Tu Bishvat of the next year, they have left from the status of fourth year fruit when they form from here onwards.",
                "ולירקות – for the tithing of vegetables, for we do not donate for sacred purposes from vegetation that was harvested before Rosh Hashanah on the vegetation that was harvested after Rosh Hashanah.",
                "ראש השנה לאילן – for the matter of tithing of fruits, for we don’t tithe fruits of the tree that formed prior to Shevat on [fruit] that formed after Shevat, for with regard to a tree, we go after the formation of the fruit. Alternatively, we derive from it with regard to the third year of Shemitah/the seven-year cycle in which we observe the Poor Tithe, for those fruits which formed from Rosh Hashanah of third year until Shevat, we judge them like the fruit of the second year that passed and we practice on them First Tithe and Second Tithe, and from Shevat and onward, we practice tho them First Tithe and the Poor Tithe."
            ],
            [
                "בארבעה פרקים – in the year",
                "בפסח על התבואה – For since the Torah stated (Leviticus 23:10) bring before me the Omer on Passover in order that I may bless you [with] grain in the fields, and from this we know that on Passover, grain is judged.",
                "ובעצרת על פירות האילן – As the Torah stated (Leviticus 23:17), bring before me two loaves on Atzeret/Shavuot, in order that I may bless you [with] the fruits of the trees, and wheat is called a tree by the All-Merciful , as it is written (Genesis 2:9): “And the tree of knowledge of good and bad,” according to the one who said that the tree that the First Man ate was wheat.",
                "כבני מרון – like rebels (after surrender brought before a court martial – see Talmud Rosh Hashanah 18a) - like these lambs which we remove through a small opening one after another to tithe them, and two cannot exit at the same time.",
                "היוצר יחד לבם – This is how it should be understood: The Creator and that is the Holy One, blessed be He, sees the uniting of their hearts and understands all of their deeds, and even though they pass before Him one by one, nevertheless, all are reviewed with one glance (Rosh Hashanah 18a).",
                "ובחג נידונין על המים – since the Torah states (Leviticus 23:37; Numbers 29:24, 33,37): pour before me water on the Festival [of Sukkot]."
            ],
            [
                "שלוחין יוצאין – When the Jewish court sanctified the New Moon, they send out and announce to the Diaspora the day which they sanctified it (i.e., the beginning of the new month), if it is on the thirtieth day and the previous month was missing [a day], [or] on the thirty-first day and the previous month was full. And the messengers of the Jewish court do not violate either the Sabbath or the Festivals.",
                "ועל אב מפני התענית – since troubles were doubled more than on the rest of the Fast Days.",
                "ועל אלול מפני ר\"ה – We announce when [the month of ] Elul ‘begins] and we make Rosh Hashanah on the thirtieth day of Elul in the Diaspora, since in most years, Elul is not a leap month, and even though there was a doubt in their hands lest the Jewish Court make it a leap month, it is impossible for them to know [definitely], and perforce we go after the majority of years, for if they did not know when [Elul] begins, they did not know when its thirtieth day.",
                "ועל תשרי מפני תקנת המועדות – for after the Jewish court had sanctified Tishrei, the messengers went out on the day afterwards and went until the place where they were able to arrive until the Holiday (i.e., Sukkot) and they would announce to them if the Jewish court had made Elul a leap month or not, in order that they would not have scruples about [if they were celebrating] Yom Kippur and Sukkot [at the proper time].",
                "פסח קטן – The Second Passover (14 Iyar)"
            ],
            [
                "מחללין את השבת – witnesses who saw the [New] Moon, in order to walk and to inform the Jewish court.",
                "שבהם שלוחי ב\"ד יוצאים לסוריא – to inform the Diaspora the day of its establishment. Therefore, they considered, that from the Torah, they would violate [Shabbat and Holy Days] for all of them. But the Rabbis prohibited it because the establishment of the [correct days for the] Festivals is not dependent upon them. But for these two months, they relied upon Torah law, for all the Festivals are dependent upon them (i.e., Nisan and Tishrei)."
            ],
            [
                "בעליל – above the ground a great deal, where everyone can see it.",
                "שלא בעליל – below the extremity of the firmament, close to the ground. For the redness of the sun covers it and it is not recognized so well.",
                "אין מחללין – for certainly they saw it in Jerusalem. But the Halakha is not according to Rabbi Yosi."
            ],
            [
                "ארבעים זוג – sets of witnesses one pair after another",
                "ועכבן ר\"ע – for the Jewish court had no need of them",
                "אתה מכשילן לעתיד לבא – they will be prevented from coming and testifying when they saw that their words were not listened to. And the Halakha is according to Rabban Gamaliel."
            ],
            [
                "אב ובנו וכל הקרובים כשרים לעדות החדש – For the All-Merciful One said to Moses and Aaron (Exodus 12:2): “This month shall mark for you [the beginning of the months; it shall be the first of the months of the year for you],” this testimony of the [New] Moon will be valid through you, and even though you are brothers. But the Rabbis who dispute this state: “This month shall mark for you” – this testimony is transmitted to you, to the great ones of the generation like yourselves. But the Halakha is not according to Rabbi Shimon."
            ],
            [
                "משחקים בקוביא – bones that they would play with as a pledge, for the Rabbis stated that an obligation undertaken that one does not expect to be called upon to fulfill (e.g., a seller who agrees to pay exaggerated penalties if he fails to deliver merchandise by a certain time) which is not binding -and they are robbers according to [the decree of] the Rabbis.",
                "ומלוי בריבית – they are not called robbers according to the Torah to invalidate them [to serving as witnesses or judges] for he gives him [a loan] on his own.",
                "מפריחי יונים – that is a form of dice, if your dove comes in before my dove.",
                "וסוחרי שביעית – They do business with Seventh Year produce, and the All-Merciful said, “to eat,” but not for business, and since they were suspected of violating on the religion for the sake of money, they were suspected of bringing false testimony on a bribe. -",
                "והעבדים – they are invalid from the Torah, as derived by a fortiori from [the case of] a woman.",
                "עדות שאין האשה כשרה לה – since there is testimony that a woman is fit for, such as to testify to a woman that he husband died in order to permit her to marry foreigners, and also to testify on the woman suspected of committing adultery who had been defiled that she should not drink [the accursed, bitter waters]. And those invalidations [made by] the Rabbis are also valid [to testify], but if they are ineligible to testify from the Torah, the Sages did not make them fit for the testimony of a woman, and even though the slave and the woman were deemed fit, they are ineligible to give testimony from the Torah."
            ],
            [
                "ואם צודה להם – lying in wait, like (I Samuel 24:12): “….Yet you are bent on taking my life.”",
                "שנאמר אלה מועדי ה' – and every place where it says, \"מועד במועדו\"/”appointed time at its appointed season” supersedes the Sabbath."
            ]
        ],
        [
            [
                "אם אינן מכירין אותו – If the Jewish court does not recognize concerning the witness if he trustworthy or fit/valid.",
                "משלחים – the Jewish court that is in his city.",
                "אחר עמו – another pair of witnesses to testify about him before the Great Jewish Court which sanctifies the [New] Moon.",
                "משקלקלו המינין – that they hired false witnesses to deceive the Sages."
            ],
            [
                "היו משיא ין משואות – After they sanctified the Month, they did not need to hire messengers to be sent to the Diaspora to inform [them], since the fire-signals would announce them (i.e., that the New Month had been sanctified).",
                "משקלקלו הכותים – they also would carry torches at the inappropriate time, to deceive [the people], for the Jewish court would not carry torches other than at a [New] Month that was sanctified on the thirtieth day, and they would not use torches on the eve of the thirtieth day as everyone would know that the month is a leap one. And one time, the Jewish court declared the [New] Month] a leap one, and they did not make torches for the eve of the thirtieth day, and the Cuthians carried their torches in their mountains and deceived the members of the Diaspora to make it (i.e., the month) lacking a day."
            ],
            [
                "כלונסאות – long and tall trees/wood; the Aramaic translation is flag of a beam/pole (See Talmud Rosh Hashanah 22b), in order that it could be seen from afar.",
                "‘וקנים ועצי שמן ונעורת של פשתן – all of these increase the flame."
            ],
            [
                "מהר המשחה – The Mount of Olives that is opposite Jerusalem to its east.",
                "כל הגולה – those who are in Babylonia.",
                "כמדורת אש – so that each person can take a torch and ascend to the top of his roof."
            ],
            [
                "לא היו זזים משם כל היום – the witnesses who went outside of their boundary limits on the Sabbath and came to testify, for one who is outside the boundary, only has his four cubits."
            ],
            [
                "לפני החמה או לאחר החמה – was the concave side of the crescent of the moon directed towards the sun, inclined towards the sun or in another direction? (see Talmud Rosh Hashanah 23b) And concerning this, it is taught at the conclusion [of the Mishnah] that if he said that it was towards the side of the sun, he didn’t say anything, for never does the sun see the concave side of the crescent of the moon, for the side that is enlightened [by the sun] always is inclined towards the sun and the concave side of the moon’s crescent is inclined in another direction.",
                "בצפונה או בדרומה – For the moon distances itself from the sun – once to the northern side and once to the southern side, and if the Jewish court knew the my means of calculation that at the particular time, the moon should be at the northern side and the witnesses said that they saw it inclined towards the southern side or the opposite, it is clear that they are false witnesses.",
                "כמה היה גבוה – from the earth (i.e., on the horizon) according to what your eyes can see. If one of the witnesses says said that it was the height of two men and the other witness said [the height of] three [men], their testimony would be established. But if one said: “[the height of] three” and the other said, “[the height of] five,” their testimony would be invalid.",
                "ולאן היה נוטה – The heads of the crescent to which direction it leans – to the northern side or to the southern side.",
                "וכמה היה רחב – for the moon changes its measure according to how far it is from the sun or closed to it."
            ],
            [
                "ראש בית דין אומר מקודש – as it is written (Leviticus 23:44): “So Moses declared [to the Israelites] the set times of the LORD.” From here that the head of the Jewish court says, “Sanctified.”",
                "וכל העם עונין אחריו – As it is written (Leviticus 23:2): “[Speak to the Israelite people and say to them: These are My fixed times,] the fixed times of the LORD, which you shall proclaim [as sacred occasions].” It is read as \"אתם\" /”them” – for it is written defectively without the letter “VAV.”",
                "מקודש מקודש – Two times as it is written, “sacred occasions”/\"מקראי קדש\" – two occasions.",
                "שנראה בזמנו – on the night of the thirtieth [of the previous month].",
                "אם לא נראה בזמנו – and they establish Rosh Hodesh on the thirty-first [day].",
                "אין מקדשין אותו – The sanctification of the month is not obligatory, as the Bible states (Leviticus 25:10): “And you shall hallow the fiftieth year…” Years you sanctify, as it is obligatory upon the Jewish court to say that the year is sanctified as the Jubilee year, but you do not sanctify months, for there is no obligation upon the Jewish court to state that the month is sanctified. But when it appears at the appropriate time, we sanctify it because it needs strengthening. And the Halakha is according to Rabbi Eleazar b’Rabbi Tzadok."
            ],
            [
                "צורות לבנות – the measurement of the moon and to which side its horns incline.",
                "קיבלן ר\"ג – not because he thought that it was possible that the moon could be seen in the morning in the east at the start of sunrise, and on that day itself, it would be seen in the west with the setting of the sun, for that is impossible, but rather, he accepted their testimony in what they said that they saw the moon in the west in the evening, because he knew the manner of the calculations that it was possible that it would appear that same night. And concerning that which they said that it (i.e., the moon) appeared in the east in the morning, he said, that they are in error and that clouds in the form of the moon appeared to them in the firmament, and that is what is taught in the Baraitha (Tractate Rosh Hashanah 25a): One time, the sky became covered with clouds and the image of the money appeared on the twenty-[ninth] of the month, etc. Rabbi Yohanan ben Nuri said that they were false witnesses, for it appeared to him, according to his calculations, that it was not possible that moon should appear on that night that the witnesses said that they saw it, and he said that they are false witnesses because there was no time between the appearance and the beginning of the first quarter of the moon (i.e., New Moon) according to his opinion, so much time that it would be possible that it should appear on it. And on this, Rabban Gamaliel responded in the Baraitha: So I have received from the house of my father’s father, that sometimes it comes at lengthy [period of time] and sometimes it comes in a short [time], that is to say, that the time that there is between the beginning of the first quarter of the moon until the moon appears is not always equal. But there are times when the movement of the moon is quick and times when it is late. And according to the speed of the movement of the moon at that time, Rabban Gamaliel judged that it was appropriate that the moon should appear on that night, and therefore, he accepted their testimony.",
                "ראינוהו בזמנו – on the night of the thirtieth",
                "ובליל עבורו – on the light of the thirty-first.",
                "וקבלן ר\"ג – not because it is stated that the moon removed itself from the sun on the night of the thirtieth [of the month] until it would appear, and on the night of the thirty-first, it returned to being behind it and drew closer to the sun until it was covered, for the moon does not return to being behind it, but makes its path as it goes around in its circuit, but that Rabban Gamaliel knew in the calculations for that particular night so that when the witnesses said that they saw it, the moon had already distanced itself from the sun until it was it was possible that it would be seen. Therefore, he accepted their testimony, and regarding what they said on the night of its intercalation (i.e., proclamation of a full month) do not appear [to be valid]. It is possible that it was because the cloud covered it or another reason that caused that they (i.e., the witnesses) did not see it.",
                "רואה אני את דבריך – to intercalate the month"
            ],
            [
                "הלך ומצאו ר\"ע – to Rabbi Yehoshuaבור",
                "מיצר – on that the President/Nasi decreed upon him to desecrate Yom Kippur",
                "אשר תקראו – that the Jewish court hung the Biblical verse on this calling",
                "בא – Rabbi Yehoshua near Rabbi Dosa",
                "למה לא נתפרשו שמותן וכו' – for if a person would come to argue against the Jewish court of his days, to say – for this Jewish court is like Moses and Aaron or [like] Eldad and Medad, we would say to him: lest it is important like those whose who remained whose names were not [explicitly] spelled out."
            ]
        ],
        [
            [
                "ראוהו בית דין וכל ישראל – on the night of the thirtieth, for you might think I should say that since the Jewish court and the enter Jewish people saw him, it became revealed that on the thirtieth day, it (i.e., the New Moon) appeared to be sanctified. This tells us that if it got dark and the night of the thirty-first arrived and the Jewish court had not said that it was sanctified, we intercalate the month and establish Rosh to be on the thirty-first day.",
                "נחקרו העדים – this is how it should be understood. Alternatively, only the witnesses were examined but there was insufficient time for them to state that it (i.e., the New Month), was sanctified until the night of the thirty-first arrived, and we intercalate the month. For you might think I should say, that the examination of the witnesses should come at the beginning of the legal proceedings, and [the announcing] of “it is sanctified, it is sanctified” should be like the conclusion of the legal proceedings. For the conclusion of the deliberations should be at night and we should sanctify it at night. This comes to teach us that it is not so, for we do not sanctify the [New] Month at night. But however, if on the night of the thirtieth, they (i.e., the witnesses) saw the moon with the setting of the sun, and there is a delay in the day to state that it is sanctified prior to the appearance of the stars, we sanctify it, for it is not considered nighttime until the appearance of the stars.",
                "יעמדו שמים ויעידו – Our Mishnah is speaking about a case such as where the Jewish court saw it (i.e., the New Moon) at night on the night of the thirtieth, and it is impossible to sanctify the moon at night. Therefore, the next day, two [witnesses] would stand up and testify, for if not for the testimony of these [two], on what would then sanctify? But if the Jewish court saw it (i.e., the New Moon) with sunset at the time when there was a delay to state, “it is sanctified,” they should sanctify through their observation, and that the hearing that they hear from witnesses would not be greater than seeing, for concerning the Sanctification of the Moon, it is not written “testimony/\"עדות\" , but like this, they saw and sanctified.",
                "יעמדו שנים – on the morrow when they come to state, “it is sanctified.”",
                "ויושיבו מחבריהם אצל היחיד – And even though an individual who is an expert can judge even on his own, the Sanctification of the [New] Moon is not [done] by a [sole] individual., For there is no one recognized by the public as an expert judge (see Talmud Rosh Hashanah 25b) besides Moses our Teacher, and yet the All-Merciful says to him [only after] Aaron is with him, as it is written (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 months]…..”"
            ],
            [
                "שהוא קרן – and it is not called a Shofar, as it is written (Deuteronomy 33:17): “Like the firstling bull in his majesty, he has horns like the horns of a wild ox; [with them he gores the peoples…].” But regarding the Shofar, it is written (Leviticus 25:9): “Then you shall sound the horn loud…” And we learn Rosh Hashanah from the Jubilee [year].",
                "בקרן היובל – the ram is male, as Rabbi Akiba said: When I walked to Galacia (Talmud Rosh Hashanah 26a), they called the male a ram, so we see that even a Shofar of a ram is called קרן /horn, and the Rabbis state that all the Shofars are called קרן/horn, and are called Shofar, except for a cow, it is called a horn, but not a Shofar, and the Halakha is according to the Sages."
            ],
            [
                "של יעל פשוט – since for the prayer/Amidah, we require straight horns [of the mountain goat]",
                "",
                "שופר מאריך – after the trumpets stop their Tekiot, the sound of the Shofar is heard."
            ],
            [
                "בשל זכרים – rams",
                "ושתי חצוצרות באמצע – they had two Shofarot, one on the one side and one on the other and trumpets in the middle.",
                "שמצות היום בחצוצרות- for a mere fast is for the troubles of the community, and it is written (Numbers 10:9): “[When you are at war in your land] against an aggressor who attacks you, you shall sound short blasts on the trumpets, [that you may be remembered before the LORD your God and delivered from your enemies],” and specifically in the Temple they do this, but in the country (i.e., outside of the Temple) at the time when there is a Shofar, there are no trumpets, and when there are trumpets, there is no Shofar, as it is written (Psalms 98:6): “With trumpets and the blast of the horn, raise a shout before the LORD, the King;” “Before the Lord, the King” – yes; but not before the LORD, the King, no."
            ],
            [
                "שוה היובל לה\"ה לתקיעה – With straight horns, for event though the Tekiah on the Jubilee [year] is not for prayer nor for remembrance, but rather as a sign to sending slaves [free] and the return of the fields to their owners, and even so, we it is required something like Rosh Hashanah, for we learn through an analogy from [the words] שביעי שביעי/seventh, seventh (see Leviticus 23:24: “…in the seventh month, on the first day of the month [you shall observe complete rest], a sacred occasion commemorated with loud blasts; and Leviticus 25:9: “Then you shall sound the horn loud, in the seventh month, on the tenth day of the month – the Day of Atonement – you shall have the horn sounded throughout your land.”) – that all of the soundings of he Shofar in the seventh month shall be similar one to another. Another commentary: לתקיעה – the number of Shofar sounds. ולברכות – to the number of blessings, that it is required to state Malkhuyot, Zikhronot and Shofarot on Yom Kippur of the Jubilee [year] just like on Rosh Hashanah.",
                "רבי יהודה אומר וכו' – The Halakha is not like Rabbi Yehuda nor is it like the First Tanna, but the Halalkha, whether on Rosh Hashanah, whether on Yom Kippur of the Jubilee year, both are with [horns] from male [rams] that are bent."
            ],
            [
                "שופר שנסדק ודבקו – with glue",
                "פסול – for it is like two ram’s horns/Shofarot, and these words [refer to] split length-wise, but if it was split width-wise, if there remains from the place where one places one’s mouth until the place of the split in order that it be like the measure of a Tekiah, it is valid; but if not, it is invalid. And how much is the measurement of a Tekivah? In order that one can hold it in his hand see it from this [side] to the other [side].",
                "ניקב וסתמו – specifically if he closed it up with its own kind, and the rest of it remained whole and holes which were stopped up did not present the Tekiah [from being sounded], it is fit, and if it is missing one of these conditions, it is invalid."
            ],
            [
                "בור – pit in the ground",
                "דות – a place surrounded by barriers on the ground.",
                "פיטם – a large earthenware utensil",
                "אם קול שופר שמע – he who stands outside the pit, and heard the sound of the Tekiah of the person sounding the Shofar in the put, for those who were in the pit, always fulfill their religious obligation, for they always hear the sound of the Shofar.",
                "אם כיון לבו – to fulfill [their religious obligation]",
                "יצא – and even though they the person sounding the Shofar did not intend to fulfill [his religious obligation], here we are speaking of the Cantor of the synagogue who sounds the Shofar that he intends to fulfill [the religious obligation] of all those who hear the sound of his Tekiah. Therefore, even though that he did not intend to fulfill [the religious obligation] of this [person] who passes the back of the synagogue and did not know of him, he has fulfilled [his religious obligation]. But the person who sounds the Shofar to fulfill an individual’s religious obligation, we require that the listener and the person who causes to hear (that blows) have the intention [to perform a religious act] (see Talmud Rosh Hashanah 28b)."
            ],
            [
                "והיה כאשר ירים משה ידו וכו' – since we were speaking above (Mishnah 7) about the intention of the heart, [the Mishnah] teaches this that has at the time when they have the religious intention (literally: “direct their hearts”) to their Father that is in heaven, they would be victorious."
            ]
        ],
        [
            [
                "יום טוב של ר\"ה. במקדש היו תוקעים – [They would sound the Shofar in the Temple], for the Sounding of the Shofar is not “work,” but the Rabbis made a decree against this lest someone take it in his hand and remove it four cubits in the public domain [and hence violate the law against carrying in the public domain on Shabbat] but in Temple, this decree was not made, for there is no prohibition against the Rabbinical law of being out of harmony with the celebration of the day in the Temple.",
                "אבל לא במדינה – Not in Jerusalem and not in the country. And Maimonides explains that all of Jerusalem is called מקדש/Temple/Sanctuary, and the rest of the land of Israel is called the country.",
                "בכל מקום שיש בו ב\"ד – even if they are not established/fixed other than by chance that they came there and sound the Shofar.",
                "אלא ביבנה – where the Great Sanhedrin was there in its days, and also in every place where the Great Sanhedrin was exiled to, but not in the Jewish courts of twenty-three.",
                "אמרו לו וכו' – there is a difference between [the teachers who state] : “they said to him” and the First Tanna, for the First Tanna holds that every place where there is a Jewish court, and even one by chance; whereas the “they said to him” hold that both Yavneh and any place that has a fixed Jewish court like that in Yavneh [can sound the Shofar], but not a Jewish court by chance. And the Halakha is according to the “they said to him.”"
            ],
            [
                "ועוד זאת היתה ירושלים – Our Mishnah is deficient and should be read as follows: In Jerusalem they would sound the Shofar throughout the city as long as Jewish court sits in the Temple, for the Jewish court sits until the sixth hour of the day (i.e., 12 noon, when the number of hours of daylight and nighttime are equal), but in Yanveh, they wouold not sound the Shofar throughout the entire city, bu t only in the presence of the Jewish Court. And this is how Jerusalem was greater than Yavneh, etc.",
                "כל עיר שהיא רואה – [which sees] Jerusalem, except for those who dwell in a river-bed/ravine, for even though it is close, they would not sound the Shofar in it.",
                "ושומעת – except for those who dwell at the top of the mountain.",
                "וקרובה – except for those who dwell outside the [Sabbath] limit.",
                "ויכולה לבא – except for when a river separates it."
            ],
            [
                "לולב ניטל במקדש שבעה – as it is written (Leviticus 23:40): “…and you shall rejoice before the LORD your God seven days.”",
                "ובמדינה יום אחד – as it is written (Leviticus 23:40): “On the first day you shall take [the product of hadar trees, branches of palm trees, boughs of leafy trees, and willows of the brook, [and you shall rejoice before the LORD your God seven days].”",
                "ושיהא יום הנף – The day of the waving of the Omer.",
                "כולו אסור – to eat from the new [grain] and the reason is explained in the Chapter [three, Tractate Sukkah, Mishnah 12] “The Stolen Lulav”/\"לולב הגזול\"."
            ],
            [
                "ונתקלקלו הלוים בשיר – of the daily offering of the time between the beginning of the decline of the sun and sunset (i.e., at 3:30 pm), and they did not recite the Song at all, because most times, the witnesses would come before Minhah; therefore, they ordained the Song of Yom Tov with the daily offering of the time between the beginning of the decline of the sun and sunset. And regarding the daily offering of the morning, where most of the time, the witnesses have not [yet] come and they did not know if the day would be sanctified or not, they did not ordain the Song/Psalm of Yom Tov, but rather the Song/Psalm of the weekday would be recited. And at the same time, when the time arrived for the offering of the daily offering of the time between the beginning of the decline of the sun and sunset, and the witnesses had not yet come, and the Levites did not know if they should say the weekday Song/Psalm or the Song/Psalm for Yom Tov, and they did not say a Song/Psalm at all.",
                "נוהגין אותו היום קודש – that when it became dark on the night after the twenty-nineth of Elul, they had the practice of [making it] holy, lest witnesses should come tomorrow and that the Jewish court would sanctify it and it be found that this was in the nighttime of the night of Yom Tov, and similarly, regarding the next day, all day long until Minhah. But if the witnesses came close to Minhah, the Jewish court would sanctify the [New] Month and it would known that they acted well [regarding it] by declaring it holy. And if the witnesses came from Minhah onwards, even though the Jewish court does not sanctify it today (i.e., Rosh Hashanah), they would intercalate Elul and sanctify it for the morrow. Nevertheless, we treat it with holiness and it is prohibited to [do] work, lest perhaps they would disregard it the next year and do work on it all day. And they would say: Last year, we treated it as holy for no reason, and from Minhah and beyond, we returned and treated it like a weekday.",
                "שאפילו ראש ב\"ד בכל מקום – for it was necessary for him to separate from the place of the scholar’s meeting place to another place, and the essence of he Mitzvah of [Sanctification] of the Month is dependent upon him, as it is taught in the Mishnah [in Chapter Two, Mishnah 7] above that he as head of the Jewish court says, “It is sanctified.” Nevertheless, it was not necessary for the witnesses to walk after him other than to the place of the scholar’s meeting place, where the Sanhedrin would sit, they should go, and the Sanhedrin would sanctify it without the Head of the Jewish court."
            ],
            [
                "אבות – “The Shield of Abraham.”",
                "גבורות – “You are mighty”",
                "קדושת השם – “Holy, Holy, Holy” (Isaiah 6:3)",
                "קדושת היום – you have chosen us",
                "זכרונות ותוקע שופרות ותוקע – It is derived from Biblical verses, as it is written (Leviticus 23:24): “a sacred occasion commemorated with loud blasts.” And the Rabbis expounded upon this that the word זכרון/remembrance – means Zikhronot; תרועה/loud blasts – are Shofarot, and the Bible states (Numbers 10:10): “They shall be a reminder of you before your God; I, the LORD, am your God.” What do the words, “I, the LORD, am your God” come to teach us? It teaches that in every place where there is Zikronot and Shofarot, there should be Malkhuyot with them.",
                "אר\"ע וכו' – And the Halakha is according to Rabbi Akiba."
            ],
            [
                "מעשרה מלכויות – three verses from the Torah and three from the Writings, and three from the Prophets and one from the Torah that completes this.",
                "שלש שלש – one of the Torah, and one of the Writings and one of the Prophets; But the Halakah is according to Rabbi Yohanan ben Nuri.",
                "מלכיות וזכרונות ושופרות של פורענות- such as (Ezekiel 20:33): “[As I live -declares the Lord GOD ] – I will reign over you with a strong hand…”; (Psalms 78:39): “For he remembered that they were but flesh…,” (Hosea 5:8): “Sound a ram’s horn in Gibeah…” and others similar to them. For remembrance is an individual [matter], such as (Nehemiah 5:19): “O my God, remember to my credit [all that I have done for this people!” Even though it is for good, we don’t mention it. And such is the Halakha.",
                "רבי יוסי אומר אם השלים בתורה יצא – In the Gemara (Talmud Rosh Hashanah 32b) it explains that this is the matter of Rabbi Yosi as such, and he completes [with a passage] from the Torah, but if he completed with [a passage from] the Prophets, he has fulfilled [his religious obligation]. And the Halakha is like Rabbi Yosi."
            ],
            [
                "השני מתקיע – the person who recites the Musaf prayer sounds the Shofar and not the one who recites the Morning Service Amidah prayer. And during the time of religious persecution, they ordained this, for they had decreed not to sound the Shofar, and there those lying in wait for him all six hours of the time of the Morning prayer service; for that reason, they moved the Tekiah/sounding of the Shofar from the Morning Service to the Musaf Service.",
                "ובשעת ההלל – because we do not recite Hallel on Rosh Hashanah and Yom Kippur, as it is taught, that at the time of Hallel, that is to say, on the other days of Yom Tov when we recite Hallel."
            ],
            [
                "אין מעבירין עליו את התחום – to walk outside of the [Sabbath] limit (i.e., two thousand cubits in every direction) so that one can bring a Shofar or to walk to hear the Tekiot.",
                "בדבר שהוא משום שבות – such as to cut it with a knife.",
                "בדבר שהוא משום לא תעשה – such as to cut it with a saw which is a complete [form of] work of engraving on a tree; and there are those who teach the opposite: something that is due to Sh’vut/engaging in an occupation forbidden by the Rabbis as being out of harmony with the celebration of Shabbat/Festivals – a sickle/scythe which is not the used to cut something . Something that is [forbidden] due to [it being] a negative commandment, is a knife which is how it is used.",
                "אם רצה ליתן לתוכו יין [יתן] - and we don’t say repairing – from where is it [prohibited].",
                "אין מעכבין את התינוקות – who arrived at [the age of] education, and even on Shabbat, in order to educate them in the commandments, so that they would educated in sounding the Shofar on the Yom Tov of Rosh Hashanah.",
                "ומתעסקים בהם – and there need to make a decree [against this], lest they come to bring it four cubits in the public domain, for he is not busily engaged in the commandments but rather is merely practicing with them (Talmud Rosh Hashanah 32b). And they did not decree lest he would bring it four cubits in the public domain other than at the time when he is obligated in the sounding of the Shofar, for since he is busily engaged to fulfill his religious obligation, he would forget Shabbat."
            ],
            [
                "סדר תקיעות שלש – one for Malkhuyot, one for Zikhronot and one for Shofarot.",
                "של שלש שלש – Tekiah/Teruah/Tekiah for each ne, for it is stated that there are two Teruot in the Bible on Rosh Hashanah, and one Teruah on the Yom Kippur of the Jubilee [year], as we derive \"שביעי\" \"שביעי\" in an analogy (see the Bartenura to Mishnah Rosh Hashanah, Chapter 3, Mishnah 5 – which compares Leviticus 23:24 and Leviticus 25:9), to give what is stated with this one (Leviticus 23:24) with that one (Leviticus 25:9). And the Teruah that is mentioned on Yom Kippur of the Jubilee [year] we assign it to Rosh Hashanah, hence we find that on Rosh Hashanah there are three Teruot – and the two Teruot that are mentioned in [the Biblical text of Leviticus 23:24) for Rosh Hashanah we assign them to Yom Kippur, hence it is found that there are three Teruot on Yom Kippur. And every Teruah [sound], there is a simple [Tekiah] before it and a simple [Tekiah] after it, as it is taught in a Baraita: From where do we learn that we have a simple [Tekiah] before it? We are taught (Leviticus 25:9): “Then you shall sound the horn loud [תרועה] ….” And from where [do we learn] that there is a simple [Tekiah] after it? We are taught (Leviticus 25:9): “…you shall have the horn sounded [throughout your land].” Hence there is a causing of the sound to pass over a certain space/a proclamation (see Talmud Rosh Hashanah 34a) at the beginning and at the end with a Teruah in-between them. And the language of a simple העברה/proclamation implies that there is a causing of the sound to pass over a certain space/a proclamation after the simple [Tekiah]. Hence for the three Teruot of Rosh Hashanah, there are six Tekiot, and hence you have three sets of three each.",
                "שעור תקיעה – the measure of all the Tekiot which are six Tekiot [total].",
                "כשלש תרועות – hence it is found that the measurement of one Tekiah is like one-half a Teruah.",
                "שעור תרועה כג' יבבות – three sounds in general of all of them. And there are those who explain that each trembling/staccato is three powers of all of them, hence, it is found that the measure of a Teruah is nine powers of all of them, and it is logical.",
                "ומשך בשניה – The Tekiah that comes after the Teruah stretches like two, in order to fulfill [his religious obligation] of the two that he had to do one after another, a simple [Tekiah] that comes after [the Teruah] of Malkhuyot, and the simple [Tekiah] that comes after [the Teruah] of Zikhronot.",
                "אין בידו אלא אחת – to interrupt one Tekiah for two, we don’t interrupt.",
                "מי שברך – He who prayed the Musaf nad made nine blessings.",
                "כשם ששליח ציבור חייב – whether [speaking of] the blessings of Rosh Hashanah or whether the prayers of the entire year, one does not fulfill his [religious] obligation other tahan with a prayer that a person recites on his own. Hence, each individual person who is expert and knows how to pray does not fulfill his [religious] obligation other than through his own prayer, whether on Rosh Hashanah or on the rest of the days of the year. And the emissary of the congregation does not go down before the Ark other than to fulfill [the religious obligation] of those [people] who are not expert.",
                "שליח ציבור מוציא את הרבים ידי חובתן – Whether one is expert or whether one is not expert, whether [speaking] about the blessings of Rosh Hashanah whether the prayers of the entire year [the emissary of the congregation fulfills the religious obligation of the group]. And why does the community pray silently, in order that the emissary of the congregation can arrange his prayer. But the Halakha is like the Sages regarding the blessings of he entire year, where the emissary of the congregation does not fulfill [the religious obligation] on whomever is not expert [in reciting the prayers]. But regarding the blessings of Rosh Hashanah and Yom Kippur and of the Jubilee year, which have nine long blessings and not everyone is expert in them, the Halakha is according to Rabban Gamaliel, for such as he fulfills [the religious obligations] of those who are not expert, so too, he fulfills [the religious obligations] of those who are expert in their prayers."
            ]
        ]
    ],
    "versions": [
        [
            "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020",
            "http://sefaria.org/"
        ]
    ],
    "heTitle": "ברטנורא על משנה ראש השנה",
    "categories": [
        "Mishnah",
        "Rishonim on Mishnah",
        "Bartenura",
        "Seder Moed"
    ],
    "sectionNames": [
        "Chapter",
        "Mishnah",
        "Comment"
    ]
}