Question: Can Chaverim be used for the Beis Din?

Suggested answer: Rabban Gamliel once asked for seven elders to come to the attic for Ibur Shana (extending the year - adding a month). Eight elders actually came and Rabban Gamliel asked, "Who came in without permission?'' Shmuel HaKatan stood up and said, "I came in without permission because there was a certain law that I needed to clarify, so I came in to ask about it''.

(Rabban Gamliel to him): Even though Eldad and Meidad were two who were known to all of Bnei Yisrael as great people, I would say that you are as great as one of them.

Nevertheless, they did not extend it that day; rather, they involved themselves in Torah and extended it the next day.

(Beraisa): If a Sanhedrin saw a murder (themselves) - some teach that two of them become witnesses and testify to the other judges; others teach that they all act as witnesses and testify in front of other judges.

(R. Yehudah bar Pazi quoting R. Zeira): Just as there is a dispute here (when the Sanhedrin saw a murder), so there is a dispute in a case of Kiddush HaChodesh.

Question: (Against the first opinion of the Beraisa above) Let one get up (and testify) while the other sits and then they should switch around (and each will act as a judge for the other one). Why must they testify together?

Answer: Because a witness (who has given testimony) cannot become a judge (on that case).

Rav Huna knew testimony about a person. That person came before Rav Huna to claim that someone owed him the money. The other person denied it (even though he knew that Rav Huna had witnessed it).

R. Shmuel bar Rav Yitzchak said to the liar - since you knew that Rav Huna is an important person and would not give testimony in that Beis Din, you relied on that to falsely deny it in court. What would you think about Rav Huna testifying against you in another Beis Din?

(Rav Huna to R. Shmuel): Should I do that? R. Shmuel told him that he should.

Rav Huna released himself from judging in that Beis Din and he went and testified in another.

Beraisa (R. Shimon bar Yochai): The pasuk states (Vayikra 25:10), "And you will sanctify the fiftieth year'' - you sanctify (the yovel) years but not months. (There is no need to sanctify a month as it happens by itself.

Question: But the Mishnah teaches that the Head of the Beis Din says, "It is sanctified''?

Answer: It means "It is sustained''.

Beraisa: For Kiddush HaChodesh, they begin with the greatest Sage.

(R. Chiya bar Ada): This is also taught in the Mishnah - 'the Head of the Beis Din says, "It is sanctified'''.

Beraisa: For Ibur Hashana, they begin from the side (of the row of judges, meaning from the most junior).

R. Zevida: In the Nasi's house, this was not their custom.

Question: Didn't they hear that which R. Chiya bar Maryeh and R. Yona said in the name of R. Yochanan - For Ibur HaChodesh, they begin with the greatest Sage and for Kiddush HaChodesh, they begin from the side? But R. Yochanan once entered (for Ibur HaShana) and he was the most junior. They said to him - Say, "The year is sanctified b'Ibur''. He was the most junior and he was the first to declare it?!

(R. Yonasan): See the text that 'ben Nafach' (R. Yochanan) taught us - If it would have taught "be'iburah'' (literally - in its extension), I would have said that it means to add on 11 days, that the solar year extends beyond the lunar year; but "be'iburah'' that was added by the Sages refers to 30 days.

(R. Yaakov bar Acha/R. Yasa citing R. Yochanan): For Ibur, they begin with the one first given semicha; but when they start to discuss a halacha in the Beis HaMidrash, they begin with the one who usually speaks the most. However, each one is given the opportunity to speak and complete his statement -

For example, R. Chaninah began and R. Yochanan and Reish Lakish concluded.

R. Bar bar Zavdi began and R. Yasa and R. Ami concluded.

R. Chagai began and R. Yona and R. Yosi concluded.

R. Kahana received semicha before R. Yaakov bar Acha, but R. Yaakov bar Acha entered in for Ibur Hashana before him. R. Kahana said to him - You yourself said that the one who received semicha first goes first, and you do not fulfil it!

R. Chiya bar Vava was standing in prayer. Rav Kahana came in and stood behind him to pray. R. Chiya finished praying and sat down instead of walking back three steps (as halacha instructs), so that he would not enter into the 4 amos of Rav Kahana. Rav Kahana began to pray at length. After he finished, R. Chiya said to him - "Are you trying to make your teacher suffer?''

(Rav Kahana to R. Chiya): No. I am a descendent of Eli HaKohen about whom it is written (Shmuel 1:3:14), "that the sin of the house of Eli shall not be atoned by sacrifice or by offering (forever)'' - sacrifice and offering will not atone but prayer will atone.

Rav Chiya prayed for Rav Kahana that he should live long (as the house of Eli was cursed to die young), and Rav Kahana merited old age and his nails became red like a baby.

An elder once disrespectfully preceded Reish Lakish to enter for Ibur Hashana. Eventually, they threw him out when they realized that he was not worthy to be there at all. Reish Lakish said that this was his payment for preceding him.

Question: Didn't Reish Lakish know that R. Kripseda quoted from R. Yochanan that they once made an Ibur Hashana with three shepherds?

Answer: These shepherds were actually Sages (each of the them expressing in different ways that the weather did not suit the month of Adar, but rather, the month of Shevat) - one said (the barley is the early crop and the wheat is the late one); if it is the month of Adar, it needs to be hot so that the barley and wheat grow together.

One said - If it is Adar, the ox might die in its flock from the cold (in the morning) but in the shade of the fig tree, he will rub its skin off (meaning that at midday it will still be hot and the ox will rub itself on the tree).

One said - If it is Adar, the (cold and strong) eastern wind will be able to have a person's breath push it away (because it is not so strong anymore)

They concluded - 'We see this year that this month should be Shevat rather than Adar as it does not have these signs', and we extended the year based on their words.

Question (R. Chalbo): Did Beis Din agree with them? Didn't R. Zeira say that all judges must agree for the same reason that the year should be extended?

Answer: They did agree with each other's reasoning.

And Reish Lakish was upset with this elder because he was concerned for the teaching of R. Elazar, who expounded the pasuk (Yechezkel 13:9), 'And My hand shall be against the prophets who prophesy vanity...in the counsel of My people they shall not be' - this refers to Ibur Hashana; 'and in the list of the house of Israel they shall not be inscribed' - this refers to the cessation of receiving of semichah; 'and to the land of Israel they shall not come' - this refers to Eretz Yisrael.

When R. Elazar came here (to Eretz Yisrael), he said the punishment of 'and to the land of Israel they shall not come' was not fulfilled in me. When he was given semicha, he said that the punishment of 'and in the list of the house of Israel they shall not be inscribed' was not fulfilled in me. When he entered into the quorum for Ibur Hashana, he said that the punishment of 'in the counsel of My people they shall not be'.

(R. Bar bar Zavda quoting Rav): The reasoning of R. Elazar bar R. Tzadok (in Maseches Rosh Hashana that if the moon was not seen on time on day 30, Beis Din do not sanctify it, because it is already sanctified by Heaven) - It is because at the time when the Beis Din in Heaven see that the Beis Din on earth sanctify it, they also sanctify it.