Witnesses on Shabbat

Rosh Hashanah (1:4) | Yisrael Bankier | a year ago

The months can be either twenty-nine or thirty days. The Mishnah discusses the time when Rosh Chodesh, the start of the new month, was determined by witness testimony, having sighted the new moon. The Mishnah (1:4) explains that for two months, the witnesses would be able to travel on Shabbat to reach Yerushalaim, even if it involved descrating Shabbat in the process. These are for the months of Nissan and Tishrei since the beginning of those months are critical for determining the timing of the festivals. The Mishnah adds however, that during the time of the Beit HaMikdash, witnesses would be able to override Shabbat for all the months since it was necessary to ensure that the special korban that is offered on Rosh Chodesh, was brought at the correct time. The Gemara (21b) records that it was R' Yochanan ben Zachai that reasoned after the destruction, that since the korbanot were no longer offered, it was no longer necessary for witnesses to override Shabbat every month.

Rashi explains that on a biblical level, the witnesses would be able to override Shabbat every month, even after the Beit HaMikdash was destroyed. The Chachamim however prohibited the desecration of Shabbat during the other months since it no longer had any practical ramification.

The Tosfot however ask that the source the Gemara provides for the ruling in our Mishnah is, "these are the festivals of (moadei) Hashem that shall be called¹ in their appointed time". The pasuk was brought as a source for the months of Tishrei and Nissan. This implies that the biblical dispensation is specifically for those two months.

Indeed R' Chananel explains that during the time of the Beit HaMikdash the pasuk is not needed. Since the korban mussaf of Rosh Chodesh overrode Shabbat and the witness testimony was necessary for the korban mussaf to be offered, it therefore also overrode Shabbat. The pasuk cited by the Gemara was therefore needed to teach that the Shabbat is overridden for these two months at time when the korban mussaf was not able to be offered.

The Tosfot however support Rashi, explaining that Rosh Chodesh itself is also referred to as being a moed. Consequently, the pasuk is really the source that every month overrides Shabbat.

The Rambam (Kidush HaChodesh 3:2) cites the above pasuk as the source for why travelling to provide the testimony overrides Shabbat. However, he continues, "therefore the witnesseses would only be able to go for the months of Nissan and Tishrei to establish [the timing] of the festivals. During the time of the Beit HaMikdash the [witnesses] could desecrate Shabbat for all the months, because of the korban mussaf, because on every Rosh Chodesh its offering would override Shabbat." The Ramabam appears to understand this subject like R' Chananel above and not like the Tosfot.

The Lechem Mishnah, who understands this sugya like the Tosfot, asks that if we understand that the pasuk is the source for Nissan and Tishrei, then how do know that it overrides Shabbat for the other months in the times of the Beit HaMikdash?²

R' Chaim (Shekel HaKodesh 3:2:11) suggests that R' Yochanan ben Zakkai understood from the pasuk that the term "moado" from which we derive that it overrides Shabbat, relates specifically to offering the korban mussaf. Consequently, when there is no korban, there is no basis for the testimony to override Shabbat unless it is necessary for the festivals to be "called in their appointed time".³

¹ It seems that it is the "calling" or declaration of Rosh Chodesh that overrides Shabbat and not the testimony. R' Chaim (Shekel HaKodesh 3:2, Beur Halacha) explains that even though machshirin would not normally be included in something that overrides Shabbat, in this case it does since there is no possible way it could have been done prior to Shabbat.

² See Lechem Mishnah inside for his suggested solution.

³ See the Aruch HaShulchan HaAtid (Kidush HaChodesh 91:4) who provides the same answer.

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