Who May Testify?

(8) The following are unfit to give testimony, as they are considered thieves and robbers: One who plays with dice [kubbiyya] or other games of chance for money; and those who lend money with interest; and those who race pigeons and place wagers on the outcome; and merchants who deal in produce of the Sabbatical Year, which may be eaten, but may not be an object of commerce; and slaves. This is the principle: Any testimony for which a woman is unfit, these too are unfit. Although in certain cases a woman’s testimony is accepted, e.g., to testify to the death of someone’s husband, in the majority of cases her testimony is not valid.

(6) How do they examine the witnesses who come to testify about the new moon? They deal with them in order, as the pair of witnesses that arrives first they examine first. They bring in the greater of the two witnesses, and they say to him: Say how you saw the moon. Was it in front of the sun or behind the sun? To its north or to its south? How high was the moon over the horizon, and in which direction did it tilt? And how wide was it? If, for example, he said that he saw the moon in front of the sun, he has not said anything of substance, as this is impossible and therefore he is either mistaken or lying. And after they finish hearing the first witness’s testimony, they would bring in the second witness and examine him in a similar manner. If their statements match, their testimony is accepted and the court sanctifies the New Moon. And the court then asks all the other pairs of witnesses certain general matters, without probing into all the details. They do this not because they require the additional testimony, but so that the witnesses should not leave disappointed, and so that the witnesses should be accustomed to coming to testify, and will not hesitate to come the next time, when they might be needed.

(7) If a father and his son saw the new moon, they should both go to the court in Jerusalem.

It is not that they can join together to give testimony, for close relatives are disqualified from testifying together, but they both go so that if one of them is disqualified, the second may join together with another witness to testify about the new moon.

Rabbi Shimon says: A father and his son and all their relatives are fit to combine together as witnesses for testimony to determine the start of the month.

Rabbi Yosei said: There was an incident with Toviyya the doctor. When he saw the new moon in Jerusalem, he and his son and his freed slave all went to testify. The priests accepted him and his son as witnesses and disqualified his slave, for they ruled stringently that the month may be sanctified only on the basis of the testimony of those of Jewish lineage.

And when they came before the court, they accepted him and his slave as witnesses and disqualified his son, due to the familial relationship.

(1) ה' said to Moses and Aaron in the land of Egypt: (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.

(1) Moses received the Torah at Sinai and transmitted it to Joshua, Joshua to the elders, and the elders to the prophets, and the prophets to the Men of the Great Assembly. They said three things: Be patient in [the administration of] justice, raise many disciples and make a fence round the Torah.

(6) There was once an incident where more than forty pairs of witnesses were passing through on their way to Jerusalem to testify about the new moon, and Rabbi Akiva detained them in Lod, telling them that there was no need for them to desecrate Shabbat for this purpose. Rabban Gamliel sent a message to him: If you detain the many people who wish to testify about the new moon, you will cause them to stumble in the future. They will say: Why should we go, seeing that our testimony is unnecessary? At some point they will be needed, and no witnesses will come to the court.

(7) If one sounds a shofar into a pit, or into a cistern, or into a large jug, if he clearly heard the sound of the shofar, he has fulfilled his obligation; but if he heard the sound of an echo, he has not fulfilled his obligation. And similarly, if one was passing behind a synagogue,or his house was adjacent to the synagogue, and he heard the sound of the shofar or the sound of the Scroll of Esther being read, if he focused his heart, i.e. his intent, to fulfill his obligation, he has fulfilled his obligation; but if not, he has not fulfilled his obligation. It is therefore possible for two people to hear the shofar blasts, but only one of them fulfills his obligation. Even though this one heard and also the other one heard, nevertheless, this one focused his heart to fulfill his obligation and has therefore indeed fulfilled it, but the other one did not focus his heart, and so he has not fulfilled his obligation.

(8) Incidental to the discussion of the required intent when sounding the shofar, the mishna cites the verse: “And it came to pass, when Moses held up his hand, that Israel prevailed; and when he let down his hand, Amalek prevailed” (Exodus 17:11). It may be asked: Did the hands of Moses make war when he raised them or break war when he lowered them? Rather, the verse comes to tell you that as long as the Jewish people turned their eyes upward and subjected their hearts to their Father in Heaven, they prevailed, but if not, they fell. Similarly, you can say: The verse states: “Make for yourself a fiery serpent, and set it upon a pole; and it shall come to pass, that everyone that is bitten, when he sees it, he shall live” (Numbers 21:8). Once again it may be asked: Did the serpent kill, or did the serpent preserve life? Rather, when the Jewish people turned their eyes upward and subjected their hearts to their Father in Heaven, they were healed, but if not, they rotted from their snakebites. Returning to its halakhic discussion, the mishna continues: A deaf-mute, an imbecile, or a minor who sounds the shofar cannot discharge the obligation on behalf of the community. This is the principle with regard to similar matters: Whoever is not obligated to do a certain matter cannot discharge the obligation on behalf of the community.