Question: This is difficult. It is certainly possible that the new moon will appear before the eighteenth hour of the thirtieth day, so it can be seen during the day, and the old moon will last appear on the morning of the twenty ninth even to the people in the west!

Answer: Perhaps it was not early in the morning anymore, as the sun already came out very strongly, and it was no longer fit for the people in the west.

Explanation: Rashi explains, "And you are here?!" to mean that if you will be seen at night, they will not be Mekadesh the Chodesh tomorrow. This is as stated in the first chapter (20b) that the night and day have to be with the new moon. If the old moon is still seen on the night of the twenty ninth, the next day cannot be Rosh Chodesh.

Question: This is impossible, as I explained earlier (DH "Chatzos").

Explanation: They would sit every month and be Mekadesh the Chodesh there, as stated in the Pesikta regarding the Pasuk, "Tiku b'Chodesh Shofar." The Pesikta asks, why is the Beis Din Mekadesh the month in Ain Tav? This is because it is a meeting place. Hash-m says that it is the meeting place of the entire world, as the Pasuk says, "For from Tzion will go out Torah." The Yerushalmi says that just as they blow Shofar in Yavneh, so too they blow Shofar in Ain Tav. This implies that there was a permanent Beis Din there, similar to the Beis Din of Yavneh.

Explanation: Therefore one will say that one should listen to the earlier ones more than the later ones. Do not say this, as one only has the judge who is in his time.

Explanation: This refers to a Beis Din of twenty three.

Explanation (cont.): This is why Rashi explains that they had time. If they did not have time, why would the Gemara ask, "Listening should not be greater than seeing!" The Gemara is asking that they should be Mekadesh right when they see it. If they would not have time to do so, they simply would not have time! (It must be they had time.)

Explanation: This Pasuk, "Ki Chok" is understood by the Gemara previously (8b) as regarding Rosh Hashanah. This also applies to all months.

Explanation: Rashi explains that for testimony regarding the new moon it does not say, "Eidus" rather it says, (ha'Zeh meaning) "like this you should see and be Mekadesh."

Question: He had no reason to say this, as even regarding capital cases we say in Bava Kama (90b) that if they saw it (a murder) during the day etc.

Explanation: They may not be Mekadesh through seeing at night, as if so their seeing at night would be like accepting testimony. Accepting testimony may only be done during the day even in regards to monetary cases, as stated earlier that we deem the investigation of the witnesses the beginning of the judgment.

Explanation: Since a Beis Din cannot have an even number of judges, we add another one. Our Gemara is according to the opinion that in Sanhedrin (3a) that according to Torah law it is normally even permitted to have one judge, as the Pasuk says, "b'Tzedek Tishpot (singular)."

Proof: This is apparent from the fact that the Gemara needs to say that even Moshe needed to have Aharon with him to be Mekadesh the new moon. According to the opinion that according to Torah law three experts are required, and that in order that this requirement should not "shut the door" they allowed three regular people to judge, we obviously should not allow one person regarding testimony for the new moon even without having a source in the Pasuk (regarding Moshe needing Aharon).