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ROSH HASHANAH 21-25 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

1)

(a)According to one Beraisa, if the witnesses testified that they saw the new moon to the north of the sun, their words are accepted, to the south, they are not; another Beraisa says the opposite. How do we reconcile the two Beraisos?

(b)What is the Halachic difference between a case where one of the witnesses gives the height of the new moon as two saddle-cloths, and the other, as three, on the one hand, and where one of them gives the height as three saddle-cloths, and the other, as five?

(c)What does the Tana (of the Beraisa) mean when he adds 'Aval Mitztarfin l'Eidus Acheres'? What is the reason for this (see Tosfos DH 'Aval')?

2)

(a)What does the Beraisa say about witnesses who testify that they saw the moon reflected in the water, through the glass of a lantern or behind the clouds?

(b)Then why does the Tana need to add that if they saw half of the moon in one of these situations and half, in the other, that their testimony is invalid? Is that not obvious?

(c)And what does the Tana of another Beraisa mean when he disqualifies the testimony of witnesses who say that they saw the new moon one moment, and when they looked again, it was gone? Does this mean that they must see the new moon all night long?

(d)Why is their testimony invalid in this case?

3)

(a)What do we learn from the Pasuk in Emor ...

1. ... "va'Yedaber Moshe es Mo'adei Hash-m el Bnei Yisrael"?

2. ... "Asher Tikre'u Osom" (which is missing a 'Vav')?

(b)According to the Tana Kama of our Mishnah, Beis-Din declare Rosh Chodesh, whether it is on the thirtieth of the month or on the thirty-first. What does Rebbi Eliezer b'Rebbi Tzadok say?

(c)What exactly, did Beis-Din declare?

4)

(a)The Beraisa cites two additional opinions regarding Beis-Din's declaration. What does Plimu hold?

(b)Perhaps the most radical opinion of all is that of Rebbi Elazar b'Rebbi Shimon. What does he learn from the Pasuk in Behar "v'Kidashtem es Shenas ha'Chamishim ... "?

(c)Like which of the above opinions does Rav Yehudah Amar Shmuel rule?

(d)A later Mishnah states that if Beis-Din and all Yisrael saw the new moon ... but they did not manage to declare Rosh Chodesh before night fell, the month is full (i.e. Rosh Chodesh will only fall on the following day). Why can we not infer from the Tana's words 'the month is full', that it does not require a declaration (a proof for Rav Yehudah's ruling? What might the Tana be coming to teach us?

(e)Why might we have thought otherwise?

5)

(a)How would Raban Gamliel cross-examine the witnesses as to whether they had actually seen the new moon or not?

(b)Seeing as the Torah writes (in Yisro) "Lo Sa'asun Iti" (prohibiting even the making of an image of any of Hash-m's servants), how does Abaye initially explain the fact that Raban Gamliel possessed such pictures in his house?

(c)The Beraisa prohibits constructing a replica of the Heichal, the Ulam or the Azarah. What does the Tana say about reconstructing the Holy vessels of the Beis-Hamikdash?

(d)Under which conditions does the Beraisa permit the construction of a Menorah of metal?

24b----------------------------------------24b

6)

(a)The Tana Kama of the Beraisa forbids the construction of a seven-branch Menorah out of metal, but permits it out of wood. What does Rebbi Yosi b'Rebbi Yehudah say?

(b)Each Tana derives his opinion from the Pasuk in Terumah "v'Asisa Menoras Zahav Tahor, Mikshah Te'aseh ... ". How does ...

1. ... the Tana Kama learn his opinion from a 'Klal u'Perat u'Klal'?

2. ... Rebbi Yosi b'Rebbi Yehudah learn his from a 'Ribuy, Miyut, v'Ribuy'?

(c)Rebbi Yosi b'Rebbi Yehudah proves his point from the Chashmona'im, who used a wooden Menorah. How do the Chachamim repudiate his proof?

7)

(a)What does the Tana of another Beraisa learn from the same Pasuk ("Lo Sa'asun Iti", quoted earlier) that refutes Abaye's answer (the current contention that the Torah only forbids those servants that it is possible to duplicate)?

(b)How does Abaye explain 'ki'Demus Shamashai ha'Meshamshin Lefanai ba'Marom' to reject that refutation?

(c)How does he reconcile this with the Beraisa which specifically forbids the image of a human being?

(d)Abaye changes his mind again when they questioned him from another Beraisa which forbids making an image of the Ofanim, the Serafim, the Chayos ha'Kodesh and Malachei ha'Shareis. How does he re-interpret "Iti" to accommodate this Beraisa?

8)

(a)In view of what we just learned, how will we explain the Beraisa, which includes in the Isur, the sun, moon, stars and constellations from the Pasuk in Yisro "Asher ba'Shamayim mi'Ma'al"? Which Isur are we talking about?

(b)What does the Beraisa learn from ...

1. ... "Asher ba'Aretz"?

2. ... "mi'Tachas"?

(c)In view of the Beraisa that we quoted earlier ("Lo Sa'asun Iti" ... 'Lo Sa'asun ki'Demus Shamashai ha'Meshamshin Lafanai ba'Marom"), on what grounds was Raban Gamliel permitted to keep a board with the pictures of the various phases of the moon?

9)

(a)We just learned that one is permitted to retain a picture that Nochrim made (not with the intention of worshipping it). What problem does that create with regard to Shmuel? What did Shmuel instruct Rav Yehudah to do with his signet-ring, that had been manufactured by Nochrim?

(b)Why may a signet-ring whose seal (in the form of an image) ...

1. ... protrudes, be used but not worn?

2. ... is sunken, be worn but not used?

10)

(a)Seeing as we just learned that it is forbidden to retain an image (even if it was made by a Nochri) due to Chashad, how will we explain the Shul of Shaf v'Yasiv in Neherda'a that had an image in it, yet Rav and Shmuel and others would Daven there without qualms?

(b)Who built the Shul of Shaf v'Yasiv, and what did they build it with?

11)

(a)We ask how Raban Gamliel, who was an individual, could possibly allow a board with pictures of the moon (even if Nochrim did make it for him). Raban Gamliel's pictures were not three dimensional, so what is the problem (see Tosfos DH 've'Ha')?

(b)And we answer that, since Raban Gamliel was the prince, and there were always guests by him, he had the Din of a community (to whom, we just learned, Chashad does not apply). What third answer do we give, based on the Pasuk "Lo Silmad La'asos"?

(c)What second answer do we give?

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