These are your appointed days! Parashat Emor 5775

(5) There was a large courtyard in Jerusalem and it was called Beit Ya'azek; it was there that all the witnesses gathered, and the court would examine them there. Large meals were made for them, in order that they be accustomed to come [and testify]. At first, they did not move from [that courtyard] all day [on Shabbat. Later,] Rabban Gamliel the Elder ordained that they would [be permitted to] go two thousand amot [a specific unit of length] on every side; and it is not only [witnesses that were given this dispensation on Shabbat], but also the midwife, who comes to deliver [a baby]; and one who comes to save [others] from a fire, or from [the attack of a hostile] troop, or from a [flood], or from under the ruins of fallen buildings; behold they are considered as inhabitants of that town [to which they arrived on Shabbat], and [hence] they have two thousand amot on every side [of the town in which they are allowed to move].

(6) How were witnesses examined? The pair that came first were examined first. [The judges] would bring in the eldest of them, and say to him: "Say [to us], how did you see the moon; was it [with the crescent turned] towards the sun, or away from the sun? To the north or to the south [of the sun]? What was its elevation and towards which side was it inclining? And how wide was it?" If he said [the crescent was turned] towards the sun, he did not say anything [of value and is dismissed]. Afterwards, they would bring in the second witness and examine him; if their words were found to match, their testimony stood [and was accepted]. And [then] all the other pairs of witnesses would be asked [questions in outline form], not because the [judges] would need them, but only that they not leave with bitter spirits, in order that they be accustomed to come [and testify in the future].

(7) The head of the court [then] said, "[The new month is] consecrated" and all the people answered after him, "Consecrated, consecrated." Whether [the new moon] had been seen at its time [meaning, on the first of the two possible days] or whether it had not been seen at its time, it was consecrated. Rabbi Eliezer bar Tsadok, said, "If it had not been seen at its time, it was not consecrated, because it had already been consecrated by the Heavens [on the second day]."

(10) A court which sanctifies the month, whether by accident, whether they were mistaken, whether they were forced, it is sanctified and everyone is obligated to fix the festivals on the day they sanctified. Even though one knows that they made a mistake, he is obligated to rely on them for the matter is only given over to them and the one who commanded to keep the festivals is the one who commanded to rely on them as it is said (Leviticus 23:2) "that you call them…".

(8) Rabban Gamliel had, on a tablet, and on the walls of his loft, various drawings of the moon, which he showed to simple witnesses, and said, "Was it like this [drawing] that you saw, or like [the other one]?" It happened once, that two witnesses came and said, "We saw [the moon] in the East in the morning, and in the evening in the West." [In that case,] Rabbi Yochanan ben Nuri said, "They are false witnesses." [But] when they came to Yavneh, Rabban Gamliel accepted [their testimony. It] also [happened once that] two witnesses came and said, "We saw the moon at its time [meaning, on the first of the two possible days], but it was not [to be] seen [afterwards] on the evening of its intercalation," and Rabban Gamliel accepted [their testimony]. Rabbi Dosa ben Harkinus said, "They are false witnesses; how can they testify that a [certain] woman gave birth [on a certain day], and, on the next day that her 'womb was between her teeth' [and the fetus still inside]?" [Then] Rabbi Yehoshua said to him, "I perceive [the truth of] your words."

(9) [Upon hearing this,] Rabban Gamliel sent [Rabbi Yehoshua] word, saving, "I decree upon you to come to me with your staff and your money on the day that comes out to be Yom Kippur, according to your calculation." Rabbi Akiva went to [Rabbi Yehoshua], and found him grieving; he said to him, "I have with what to teach, that all that Rabban Gamliel has done is [bindingly] done, as it is stated (Leveticus 23:4), 'These are the feasts of the Lord, holy convocations which you shall proclaim;' whether at their [proper] time, or whether not at their [proper] time, I have no holy convocations except [for the ones proclaimed by the court." When Rabbi Yehoshua] came to Rabbi Dosa ben Harkinus, [the latter] said to him, "If we are to [question the decisions] of the court of Rabban Gamliel, we must [also question the decisions] of all the courts which have stood, from the days of Moshe until [today]; as it is stated, (Exodus 24:2), 'Moshe, Aharon, Nadav, Avihu, and seventy of the elders of Israel went up.' Why were the names of the elders not specified? Rather [it was] to teach, that every three men that form ‏a court [to be responsible] over Israel, behold [that court] is to be [considered] like the court of Moshe." [After this], Rabbi Yehoshua took his staff and his money in his hand, and went to Yavneh to Rabban Gamliel on the day that came out to be Yom Kippur, according to his calculation. [At that point], Rabban Gamliel stood up, and kissed him on his head, [and] he said to him, "Come in peace, my teacher and my disciple! My teacher — in wisdom; and my disciple — in that you accepted my words."