[Avodah] Rambam Hilchot Kiddush Hachodesh
Ben Waxman
ben1456 at zahav.net.il
Sat Dec 9 12:59:26 PST 2017
1) Rambam Hilchot Kiddush Hachodesh 3:1 makes it clear that anyone who
sees the new moon and can get to Jerusalem by the following evening
should go. How would that work today given that basically means that
every male in Israel who sees the moon should go (maybe men in Eilat who
don't own a car would be patur). Were most (or even a small minority of)
Israeli Jewish males above the age of 13 to look, there is no way that
the Beit Din could even question all of these men, even if they only
asked a couple of questions.
Is there any problem in making sure that you don't see the moon? Just
stay in for the evening. Rambam doesn't say that there is a chiyuv to look.
Or since the Beit Din only takes testimony from trusted witnesses, can
someone just say "I never got any type of certification that I am a good
witness, therefore I don't need to go".
Or how about having a few (say 100) men in each major city or region
entrusted with the job and they would be the designated possible witnesses.
2) Rambam Hilchot Kiddush Hachodes 2:10 says clearly that once the beit
din declares the new month, that is it, even if they know that they made
a mistake. Yet in 3:15 and 16 Rambam writes that in the situation where
no witnesses came on the 30th, if witnesses come later in the month and
are able to prove that they did see the moon come out on the 29th, that
month's calendar is redone. Is this not an obvious contradiction? I
assume that I am reading 3:15 and 16 incorrectly or that I am getting
something wrong here.
3) Later in the book Rambam goes on at length and in extreme detail
about how to calculate the moon's position. He adds that we know these
calculations from science and that since we no longer have a tradition
about this matter from the nevi'im, it is fine to use outside sources.
Seeing this made me wonder why we don't apply this rule in other areas.
For example, I had read that we don't make matza from barley because we
don't have a tradition as to how it takes barley to become chameitz. So
why not measure it?
Ben
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