1)IBUR DUE TO THE TEKUFAH
(a)(Shmuel): We are Me'aber the year (due to the Tekufah) only if the Tekufah (of Tamuz, the 91 and a quarter days after the solstice) would extend into the majority of Tishrei (if we would not be Me'aber) .
1.Question: What is considered the majority of a month?
2.Answer (Shmuel): R. Yehudah requires 16 days, and R. Yosi requires 21 days.
(b)Both of them expound "Chag ha'Asif Tekufas ha'Shanah." R. Yehudah holds that all of Chol ha'Mo'ed Sukos must be in the new Tekufah. R. Yosi holds that part of Chol ha'Mo'ed (i.e. at least the last day, the 21st) must be in the new Tekufah.
(c)Question: How do they hold (about the day of (transition of) the Tekufah)?
1.If they hold that the day of the Tekufah ends (and is considered part of) the (previous) Tekufah), even if 15 days (for R. Yehudah, or 20 for R. Yosi) of the old Tekufah would fall in Tishrei (without Ibur), we must be Me'aber the year (for if the Tekufah falls on the 16th (or 21st), the first day of the new Tekufah is the 17th (or 22nd))!
(d)Answer: They hold that the day of the Tekufah begins the new Tekufah.
(e)Question #1 (Beraisa - R. Yehudah): The day of the Tekufah ends;
(f)R. Yosi says, the day of the Tekufah begins.
(g)Question #2 (Beraisa): We are Me'aber the year only if (otherwise,) the Tekufah would extend into the majority of the month (of Tishrei);
1.The majority of the month is 16 days;
2.R. Yehudah says, we require two thirds of the month, i.e. 20 days;
3.R. Yosi says, if 16 days of the Tekufah (of winter) would remain when (Nisan, the month of) Pesach comes, we are Me'aber the year. If 16 days of the (summer) Tekufah will remain when (Tishrei, the month of) Sukos comes, we are not Me'aber the year;
4.R. Shimon says, also if 16 days of the Tekufah remain before Tishrei, we are Me'aber;
5.Others say, even if a minority remains (we are Me'aber);
i.A minority containing 14 days is required.
6.Summation of question: This contradicts what Shmuel said above (a:2) according to R. Yehudah!
(h)This is left difficult.
(i)(Beraisa - R. Yehudah): We require two thirds of the month, i.e. 20 days;
(j)R. Yosi says, if 16 days of the Tekufah remain before Nisan, we are Me'aber.
(k)Question: (There are 182 (and a half, which we ignore) days altogether in the spring and summer Tekufos, and 177 days in the six months from Nisan until Tishrei. If 16 days of the winter Tekufah will remain before Nisan, 21 days (of Tekufas Tamuz) will remain before Tishrei.) R. Yosi holds like R. Yehudah (only part of Chol ha'Mo'ed Sukos must be in the new Tekufah)!
(l)Answer: They argue about the day of the Tekufah. R. Yehudah says that it ends (therefore, we are Me'aber if otherwise the Tekufah would fall on the 21st). R. Yosi says that it begins (therefore, we are Me'aber if it would fall on the 20th).
(m)Question (Beraisa - R. Yosi): If 16 days of the Tekufah would remain before Tishrei, we are not Me'aber;
1.Inference: If 17 (or more) days would remain, we are Me'aber.
2.Contradiction (Beraisa - R. Yosi): If 16 days would remain before Nisan, we are Me'aber.
i.Inference: If 15 (or less) would remain, we are not Me'aber (even though 20 days would remain before Tishrei, as we calculated above)!
(n)Answer: Really, even if 17 (or more, up to 20) days would remain before Tishrei, we are not Me'aber;
1.R. Yosi mentioned 16 for parallel structure (to the previous law, if 16 days would remain before Nisan, we are Me'aber).
(o)(Beraisa - R. Shimon): Also if 16 days of the Tekufah would remain before Tishrei, we are Me'aber.
(p)Question: This is like the first Tana!
(q)Answer: They argue about the day of the Tekufah (but we do not know who says that it ends and who says that it begins).
2)THE OPINION OF OTHERS
(a)(Beraisa - Others): Even if a minority of 14 days would remain (we are Me'aber).
(b)Question: Even if they hold that the day of the Tekufah ends, the new Tekufah would begin on the 16th, and all of Chol ha'Mo'ed would be in the new Tekufah. Why are we Me'aber?!
(c)Answer #1 (Rav Shmuel bar Rav Yitzchak): Others discuss the remaining days before Nisan;
1."Shamor Es Chodesh ha'Aviv" - ensure that the Tekufah of Aviv (i.e. of Nisan) will begin in the first half of the month, before the moon is full.
2.Question: If 14 days remain, it would suffice to add a day to Adar! (Why must we be Me'aber the year?)
3.Answer (Rav Acha bar Yakov): Indeed, that is true. The Tana counts from the top down. We are Me'aber as long as the remaining days would be (at least 15,) but not a minority of Nisan;
(d)Answer #2 (Ravina): Really, Others discuss the remaining days before Tishrei. They require that all of Sukos, even the first day of Yom Tov, be in the new Tekufah.
(e)Question: We learn from "Chag ha'Asif" - Asifah (gathering) is forbidden on Yom Tov!
(f)Answer: It means, the festival that comes at the time of gathering.
(a)(Mishnah - R. Shimon): Three judges are needed for Semichah of judges.
(b)(Beraisa) Suggestion: Perhaps "v'Somchu Ziknei..." (the Chachamim who lean on a Par He'elem Davar (a Korban brought for a mistake of the Sanhedrin)) need not be from the Sanhedrin!
(c)Rejection: It says "Edah".
1.Suggestion: Perhaps they can be from a small Sanhedrin!
2.Rejection: "Ha'Edah" refers to the most special one (the Great Sanhedrin).
(d)R. Yehudah says, "v'Somchu" teaches two judges, and "Ziknei" teaches two. We do not make a Beis Din with an even number, so we add a fifth.
(e)R. Shimon says, "Ziknei" teaches two judges. We do not make a Beis Din with an even number, so we add a third.
1.Question: Why doesn't R. Shimon learn from "v'Somchu"?
2.Answer: This is needed to teach that they do Semichah!
3.R. Yehudah expounds it, for it could have omitted this, and said only 'Ziknei ha'Edah Yedeihem Al Rosh ha'Par.'
4.R. Shimon says, had it said so, one might have thought that 'Al' means near.
5.R. Yehudah says, we would learn from the Gezerah Shavah "Rosh-Rosh" from an Olah.
6.R. Shimon had no tradition for this Gezerah Shavah.
(f)(Beraisa - R. Shimon): Three judges are needed for Semichah and Semichah of Zekenim.
(g)Question: What is the difference between Semichah and Semichah of Zekenim?
(h)Answer (R. Yochanan): (Semichah is leaning on a Korban for a mistake of the Sanhedrin.) Semichah of Zekenim is ordination of judges.
(i)Question (Abaye): Question: What is the source that Semichah of Zekenim requires three judges?
1.If we learn from Moshe's Semichah of Yehoshua, one should suffice - "va'Yismoch Es Yadav Alav"!
2.Suggestion: Perhaps Moshe is considered like 71 judges.
3.Rejection: If so, we should need 71!
(j)This is left difficult.
(k)Question (Rav Acha brei d'Rava): Must Semichah be with the hand?
(l)Answer (Rav Ashi): (No.) Semichah is giving the title 'Rebbi' and permission to judge fines.