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

[Zev Sero]

Elazar M. Teitz wrote:
> But just as when r'iyah was used, the Beis 
> Din was not required to act on the testimony they heard, but could 
> refrain from being m'kadeish, so too could they refrain from declaring 
> as Rosh Chodesh the day which came out al pi cheshbon, as indeed happens 
> now. 

This is one opinion brought by the Rambam KHCh 3:17, but the other
opinion he brings is that once they have heard the testimony and it
appears to be valid they no longer have a choice, and must act on it
(though of course if they refused to do their duty it would remain
undone, and Rosh Chodesh would be delayed).

Without having looked at all at the sources, simply as a matter of
logic and jurisprudence the second opinion seems to me to make more
sense; nobody forced them to hear the eidim in the first place, but
now that the hearing has been held and the evidence is there, how can
they not act on it?  If they wanted a 30-day month they should have
declared a bank holiday and closed the BD for the day.  Give the eidim
a nice meal so they don't feel their trip was a waste, but don't go
through the charade of a judicial hearing that you have no intention
of acting on.

-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                     - Margaret Thatcher