[Avodah] Yom Tov Sheni for Olim LeReget to the Beit Mikdash

[Shoshana L. Boublil]

> Date: Wed, 11 Nov 2009 23:03:33 -0500
> From: Zev Sero <zev at sero.name>
> Subject: Re: [Avodah] Yom Tov Sheni for Olim LeReget to the Beit
> Mikdash

> rabbirichwolpoe at gmail.com wrote:
>> Micha:
>>> Rabban Gamliel insisted on a particular date for Yom Kippur
[del]
>> Mashma he would have NOT been meqabbel sans the Cheshbon
>> I assume Bartenura culled this from Shas
>
> Yes.  Had his cheshbon shown that the eidim must be lying, he
> wouldn't have accepted them; since he believed it was possible that
> they were telling the truth, and he had no reason to suspect them
> of lying, he accepted them.  This shows that he did *not* have a
> preference for a particular outcome, but rather he was following
> the evidence wherever it took him, and indeed felt obliged to do so.

I wish I recalled the sources, but I was taught that there was always the 
knowledge of Cheshbon, i.e. Sod Ha'Ibbur. But, when possible they used 
Eidim.

The issue was that Chazal had the ability to set the Chodesh regardless of 
the Cheshbon, usually for reasons of community necessity.  That is the 
meaning of HaChodesh HaZeh Lachem - the accent on "Lachem" - that you decide 
it.

Of course in cases where there was no Tzorech Tzibbur one way or another - 
Chazal would have followed the Eidim wherever they led.

Proof of Chazal's using this ability we see in Chazal's decision to limit 
the time of when the Eidim can come forth. I recall that there are other 
cases, but I don't have the sources.  I wouldn't be surprise if the issue of 
Rabban Gamliel vs. Rabbi Yehoshua had to do with just such an issue.  Rabban 
Gamliel as Nassi had the Tzorech of the Tzibbur in mind when he made 
rulings.  We see this in other cases (See Masechet Avodah Zara).


Shoshana L. Boublil