Halakhah su Deuteronomio 16:78

The law of appointment of Judges in our days and the days of the Temple and in it are 26 paragraphs All that is explained in these laws is only with the permission of the Exalted Czar, for the law of the King is the law.
It is a positive commandment from the Torah to appoint Judges as it says (Devarim 16:18) Judges and (Enforcement) Officers you should appoint for yourselves. And they need to have Semikha from the Land of Israel specifically. That is, 3 wise men and one of them that has Semikha (Rambam, Sanhedrin Chapter 4, Halacha 3) when they see a wise man that is fit to judge and issue rulings, they should give Semikha and call him Rebbe (Rabbi).

It is a biblical commandment to recite Shema at night and in the morning, as the Torah states in the paragraphs of Shema and Ve-haya im Shamo’a: “When you lie down and when you rise.” It is also a mitzva to mention the Exodus during the day and at night, as the Torah states: “So that you remember the day you left Egypt every day of your life” (Devarim 16:3). The Torah seems to add a superfluous word (“kol yemei ḥayekha” instead of just “yemei ḥayekha”), from which the Sages derive that the mitzva to remember the Exodus is performed both during the day and at night (Berakhot 12b). For that reason, Va-yomer is also recited at night, since it mentions the Exodus at the end. Va-yomer, which discusses the mitzva of tzitzit, primarily applies to the day, and although one can fulfill the nighttime mitzva of mentioning the Exodus with other verses, common practice is to recall it by reciting Va-yomer, since it is familiar to all (Tosafot Yom Tov ad loc.). Combined with the first two paragraphs, it contains 248 words (above, 16:11), and by reciting all three paragraphs, one fully accepts the yoke of heaven (above, 16:4-5).

It is a biblical commandment to remember the Exodus every day, as the Torah says: “So that you remember the day you left Egypt every day of your life” (Devarim 16:3). The Torah seems to add a superfluous word (“kol yemei ḥayekha” instead of just “yemei ḥayekha”), from which the Sages derive that the mitzva to remember the Exodus is performed both during the day and at night (Berakhot 12b). This mitzva can be fulfilled by reciting any verse that discusses leaving Egypt or by mentioning the Exodus in one’s own words.

The commandment of sanctifying the new month To sanctify months and intercalate [months into] years in the court [whose members are the] great in wisdom and ordained in the Land of Israel, and to establish the year's holidays according to that sanctification; as it is stated (Exodus 12:2), "This month shall be to you the first of months." This means, when you see the renewal of the moon, establish for yourselves the new month - or even if you do not see it, since it is appropriate for [the moon] to appear according to the accepted calculation. Likewise, this commandment includes the commandment of intercalation, since the basis of the commandment to sanctify the month is for Israel to observe God's holidays at their appointed times. And the commandment of intercalation has the same basis. However, beyond this verse are more Torah passages concerning the commandment of intercalation, and that is what is written (Exodus 13:10), "You shall observe this commandment in its proper time"; and likewise, "Observe the month of Spring" (Deuteronomy 16:1).

The content of the commandment is that two Jews fit to testify come before the court and testify before them that they saw the renewed moon. [The judges then] establish the new month on the basis of their [testimony] and say, "Today has been sanctified." The reason why this commandment applies only with ordained judges is because it came with the explanation [of the verse], "This month shall be for you" - great [in Torah] and ordained, like you (Rosh Hashanah 22a), since it was said to Moshe and Aharon. This matter was further expounded, as it is juxtaposed to "speak to the entire congregation of the children of Israel," meaning that they who sanctify the month must have the assent of all Israel, meaning the wisest men of Israel, such as the Great Court (the Sanhedrin). And so [too] any great sage in Israel who was ordained in the Land of Israel. And since ordination is no longer practiced, as is known, [the sage] has permission to perform this commandment even outside the Land of Israel, so long as there is no one of his stature in the Land of Israel. And so we find that Chananiah son of Rabbi Yehoshua's brother, and Akiva ben Yosef did so in this regard (Berakhot 23a). But without these conditions, no one of Israel is permitted to establish the months or intercalate. And perhaps you will ask, "If so, how do we conduct ourselves today, when we lack ordained sages?" Know that so have we received it; since Rabbi Hillel the Prince, son of Rabbi Yehudah the Prince, who was the greatest of his generation and ordained in the Land of Israel - he was the sage who fixed for us the calculation of intercalation, sanctified future months, and intercalated future [months into] years until the coming of Eliyahu, and it is upon this that we rely today. That which we have said all follows the opinion of Rambam. However, Ramban (in the Sefer HaMitzvot LaRambam, Mitzvot Ase 153), considers the sanctification of the month as one commandment and intercalation a separate commandment. His proofs (for dividing these into two separate commandments are) in his Book of Commandments. And so [too] the Ba'al Halakhot (considers these separate commandments). And the verse that teaches about the commandment of intercalation, that is, that we calculate the seasons in order to make the holidays in their (proper,) established times, is "You shall observe this commandment in its proper time," (Exodus 13:10) and so, "Observe the month of Spring," (Deuteronomy 16:1) as we have written.

It is from the roots of this commandment [that it is] so that Israel shall make God's holidays in their (proper) times, as God commanded that we make Pesach in the time that the produce is in [bloom], as it is written (Deuteronomy 16:1), "Observe the month of Spring, and you shall offer the Pesach sacrifice." And the holiday of Sukkot is [to fall] at the time of the harvest, as is written, "And the holiday of the harvest at the turn of the year." (Exodus 34:22) And were it not for intercalation, the holidays would come not at these times, since Israel calculates their months and festivals according to the lunar year, which has three hundred and fifty-four days, eight hours, and eight hundred and seventy-six parts, which is less than the solar year by ten days, twenty-one hours and two hundred and four parts - its mnemonic is ten, twenty-one, two hundred and four. Due to the ripening of the produce and fruit from the power of the sun, it turns out that but for intercalation - by which we align the lunar and solar years - Pesach would not come in the Spring, nor Sukkot at the time of the harvest. And this matter is to be fixed by the greatest [sages] of the generation, since it is a matter requiring great wisdom. And since it is also said that from this [calculation, one comes to know] the agricultural happenings of the year, it is appropriate to give [this task] only to great and pious men.

Judah the Persian¹⁹ Mentioned by Ibn Ezra in his Commentary to the Pentateuch and elsewhere. Nothing is known of this scholar. (See Encyclopedia Judaica, second edition, vol. 11, p. 505.) said that the years used by Israel were solar years, because he found the festivals were on fixed dates: Passover when the barley ripens (Exodus 34:18), Pentacost at reaping time (ibid. 34:22), and Tabernacles at harvest time (Deuteronomy 16:13). However, what can be done since Moses did not specify the length of a year?²⁰ Since the Bible does not specify the exact length of a solar year, the Karites are left with the matter being undecided. This will also affect determination of the festivals. Also, how will he explain the use of the Hebrew term “hodesh” (new) for “month,” for what is renewed relative to the sun? The uncircumcised (Christians), because their years are solar years and they found that a full year contains twelve lunations, divided the days of the year into twelve parts, for this number is closest to the number of lunar months. The result is that some months are 30 days and some months are 31 days.²¹ Here Ibn Ezra accounts for the division of a year into twelve parts, even if one uses a solar calendar. However, the term “hodesh” would not be appropriate for such solar months.

And from the fundamentals of this Torah that we said that God gave to His people through Moshe, His prophet, is to know that the Lord God in the Heavens that gave the Torah to Israel is the First Being - such that there is no beginning nor end to His being, may He be blessed - and that He made exist and created from His will and His power all that was created, ex nihilo. And [likewise] that He keeps in existence everything that He created the whole time that He wishes, but no longer - [not] even an instant. And that He is not prevented from doing anything. And [also from the fundamentals is] to believe that He is one without any conjunction; to believe that in a man fulfilling that which is written in [the Torah], his soul will merit great enjoyment forever; and to believe that God oversees the actions of people and knows all the details of their deeds and repays everyone according to his action. And also from the fundamentals of the Torah is to believe that the true explanation of the Torah is the traditional received explanation that is in our hands from the early Sages of Israel. And anyone who explains about it something that is the opposite of their intention is [expressing] a mistake and a completely void thing. As our Sages received the explanation of the Torah from our teacher, Moshe - peace be upon him - who received it from God, blessed be He, when he stood on the mountain forty days. And even though it was possible to learn [it] in less time than this due to the power of the Teacher, God wanted to hint to the learners that they learn it with deliberation. And this true explanation that we wrote is the explanation that is written in the Babylonian and Jerusalem Talmuds (Gemara), which [was] composed [by] our early Sages, who received it one generation after another from our teacher Moshe, peace be upon him. And the Babylonian is lengthier and more elucidated, and [so] we rely upon it more. And it is made up of six orders, and there are sixty tractates in it, according to the division of the contents. Their mnemonic is 'there are sixty queens.' And there are five hundred and twenty-two chapters. And the true explanation of the Torah is likewise elucidated from other books that some of our early Sages composed. And [these books] are called Sifra, Sifrei, Tosefta and Mekhilta. All of these are books that all of Israel believe and [they] rely upon the words of theirs which are there without a disagreement. And about those that there is a disagreement, they have already also explained the ruling that we should take from them. Everything is nicely elucidated without any doubt or confusion to those that understand. And anyone whose heart troubles him about these matters is not included in the holy (Jewish) people - since we would never agree about the truth from the simple understanding of the verses of the Torah without their explanations and their true tradition. As there are several verses in the Torah that appear to contradict one another. But the one who knows their explanation understands and sees that the ways of God are straight: Behold it is written in the Torah (Exodus 12:40), "And the inhabitation of the Children of Israel [which they dwelt in Egypt was four hundred and thirty years]." And [yet] we found that Kehat the son of Levi was from those that went down to Egypt; and if you count the days of his life and the years of the life of Amram, his son, and the eighty years of Moshe - as he was eighty in his standing in front of Pharaoh to speak to him to take out the Children of Israel from Egypt - they all only add up to three hundred and fifty years. However the explanation of this is that the tally of four hundred and thirty begins from the time that it was stated to Avraham, "that your seed will be a stranger" (Genesis 15:13). And the explanation of the verse is thus: "And the inhabitation of the Children of Israel which they dwelt in Egypt" and other lands - meaning that they began to be exiled - "was four hundred and thirty years." As from the time that it was stated to Avraham, "that your seed will be a stranger," did the distress begin for him - and [so] the beginning of the tally is from there. And do not let its stating, "the Children of Israel," be difficult for you - as behold they said in the Midrash (Bereshit Rabbah 63:3), "Avraham is called Israel, as it is stated, 'And the inhabitation of the Children of Israel.'" And that which it states, "the Children of Israel" is meaning to say the Children of Israel and Israel (referring to Avraham); but Scripture expressed it in this language since the distress began to the father with the proclamation of the exile of the children. And that which it is stated, "Egypt," is also not specific, but rather meaning to say in exile. And that which it expressed it all with the [word,] Egypt, is because the core of the exile was there; and everything goes according to the core, and it is always called by it. And so [too,] is it written in the Torah (Deuteronomy 10:22), "With seventy souls did your forefathers go down to Egypt." But when you count their enumeration, you find [only] sixty-nine souls. But rather the explanation (Bava Batra 123b) comes that Yocheved was born 'betwixt the walls' (of Egypt, though she was conceived before they arrived), and [so] was not counted in the enumeration. And likewise, one verse (Exodus 12:15) states, "Seven days shall you eat matsot" and one verse (Deuteronomy 16:8) states, "Six days." And many like this would not be elucidated without the traditional explanation that is in our hands, that was given to us from our teacher, Moshe.

Establishment of a judiciary is rooted in the biblical command "Judges and court officers shall you appoint to yourself in all your gates" (Deuteronomy 16:18). The Jewish judicial system reflected the prescriptions of Jewish law and was comprised of tribunals composed of three judges that heard cases involving monetary disputes, courts consisting of twenty-three judges that were charged with judging persons accused of infractions punishable by death or stripes and a Great Sanhedrin comprised of seventy-one members that sat within the Temple precincts. Although the Great Sanhedrin enjoyed original jurisdiction with regard to certain particular matters, its most critical function was to resolve questions of law that were in doubt or the subject of dispute. Questions of that nature could be certified and brought before the Great Sanhedrin during the course of proceedings before a lower court or could be made the subject of a hearing entirely independent from any proceeding before a court of original jurisdiction.

However, regarding the matter of lashes, there is a difference between [the examples]. As all those [simply] specified in one negative commandment only receive one [set of] lashes - for example, "the wage of a harlot and the price of a dog"(Deuteronomy 23:19); and "leaven and [...] honey" (Leviticus 2:11); "the case of a stranger [or] an orphan" (Deuteronomy 24:17), and all that is similar to them. But the negative commandments that [also] have a general category and are specified at the beginning or end [of the category] - for example, this negative commandment that specified "uncooked and boiled" and is [then] generalized, "Do not eat [...] but only roasted with fire"; and so [too], with a nazerite (Numbers 6:4), "from anything that is obtained from the grapevine [...] may he not eat," and afterwards it specifies, "seeds [...] or skin," ('and grapes wet and dry,' Numbers 6:3) - with these and those similar to them, we give lashes for each and every one. [This is] because the inclusion of the specification that was not needed, indicates lashes for each one [of them], as we have said. And the teacher was prolific in his proofs about this in the ninth shoresh in his Book of the Commandments - that the calculation of commandments is not the same as the calculation of [which commandments require] lashes [independently]. And that which I have said that Ramban, may his memory be blessed, will count each of the ones specified by their names individually - each one by itself - only when they are separate in their content, as we have written; [it] is, for example, [in the case of] 'leaven and honey,' [and] 'the wage and the price.' But in a case where it is the same content - even if they are specified by different names - they are only counted as one commandment. For example, "All male first-borns that are born in your herd and in your flock" (Deuteronomy 15:19) is only one commandment to sanctify all of the first-borns; and the specification is [also] only one commandment. And so [too], "All tithes of the herd or flock" (Leviticus 27:32) is only one commandment to separate to give the tithes of these animals. And so [too], "Judges and officers" (Deuteronomy 16:18) is only that we should establish justice through these people and it is one commandment. And so [too], "An honest balance, honest weights, an honest ephah, and an honest hin" (Leviticus 19:36) is all one commandment, that we should not lie about measures.

I also found explicit with regard to the first of the holidays (Passover), which God gave to Israel prior to instructing them about the Sabbath, “on the fourteenth day of the month at evening you should eat unleavened bread, until the twenty first day of the month at evening” (Exodus 12:18), a total of “seven days” (ibid. 12:19). Thus the evening of the fifteenth is the first day. It is also written “[neither shall any of the flesh] from which you offered in the evening of the first day [be left over] until the morning” (Deuteronomy 16:4). Also, it is known that the firstborn were smitten at midnight (Exodus 12:29), yet it is written “on the day that I smote all firstborn” (Numbers 3:13, 8:17).⁴ The verse informs us that God sanctified all Jewish first born on the day that the Egyptian first born were slain. It seems likely that this took place on the first day of Passover. Also in Scripture “this day is a day of tidings…if we wait until the morning light” (2 Kings 7:9).

Yet, collectively and individually, the American Jewish community is guilty of continuous and ongoing violation of one of the six hundred and thirteen commandments. "Judges and court officers shall you place unto yourself in all your gates (Deuteronomy 16:17) is cited by numerous early authorities, including Rambam, Sefer ha-Mizvot, mizvot aseh, no. 176 and Hilkhot Sanhedrin 1:1; Sefer Mizvot Gadol, esin, no. 87; and Sefer ha-Hinnukh, no. 491, as establishing an obligation to institute ecclesiastic courts, or Batei Din, in every locale. Rambam, Hilkhot Sanhedrin 1:2, explicitly rules that the commandment is binding, not only in the Land of Israel, but in the Diaspora as well.¹There is no suggestion in Rambam’s statement indicating that the commandment is no longer binding in our day. See Kiryat Sefer, Hilkhot Sanhedrin, chap. 5. See also Revid ha-Zahav, Exodus 22:7 and Netivot ha-Mishpat 1:1.
A somewhat different view is expressed by Ramban in his commentary on the Bible, Deuteronomy 16:18. Ramban asserts that the biblical command applies only to the appointment of judges who have been ordained, i.e., the recipients of the unbroken chain of semikhah, or ordination, originating in Moses’ conferral of ordination upon the judges appointed by him in the wilderness. Subsequent to the abrogation of semikhah during the period of Roman persecution, rabbinic courts enjoy limited authority as the “agents” of the judges of antiquity. Their authority, asserts Ramban, is rooted in rabbinic edict. Since such courts lack authority in biblical law, their establishment cannot be mandated by biblical law and, accordingly, Ramban concludes, “we are not at all biblically obligated with regard to the commandment concerning appointment of judges” (emphasis added). The implication is that the obligation continues in our day by virtue of rabbinic decree as a concomitant of the rabbinic legislation establishing the authority of non-ordained judges. Rabbenu Yerucham, Sefer Meisharim 1:4, explicitly declares that, in the absence of ordained judges, the obligation to establish Batei Din is rabbinic in nature.
Ramban’s assertion that appointment of judges is no longer biblically mandated is predicated upon his formulation of the antecedent premise that the “agency” of present-day rabbinic courts is rooted in rabbinic legislation. That view is also espoused by Ran, Sanhedrin 23a; Ramah, Sanhedrin 23a; Rashba, Gittin 88b; Ramban himself, Sanhedrin 23a; and Tur Shulḥan Arukh, Ḥoshen Mishpat 1:3. However, elsewhere, Yevamot 46b, s.v. shemat minah, Ramban concludes his comments with the remark that “it is possible” that the authority of non-ordained judges to act as “agents” of the ordained judges of an earlier era is biblical in nature. Cf. also the comments of Me’iri, Bet ha-Beḥirah, Baba Kamma 84b, also cited in Shitah Mekubeẓet, ad locum, to the effect that, absent such a rule, all biblical laws regarding jurisprudence would be abrogated and the world would be destroyed. If, even in our day, authority to sit in judgment continues to be rooted in biblical law, it then follows that establishment of Batei Din remains a biblical obligation. Cf., Imrei Binah, Ḥoshen Mishpat, chap. 1 and Encyclopedia Talmudit, III, 2nd ed. (Jerusalem, 5715), p. 162, note 366a. The sole distinction between the Land of Israel and the Diaspora with regard to the ambit of this commandment is that the obligation to establish Batei Din in each district is limited to the Land of Israel, while the obligation to establish Batei Din in each city is binding in the Diaspora as well. Kesef Mishneh, on the basis of a statement in the Gemara, Makkot 7a, suggests that the Maimonidean text should read that the obligation incumbent in the Diaspora is to appoint judges in every district, but not in each city.²For citation of sources regarding the role and function of regional Batei Din see Encyclopedia Talmudit, III, 151.

Yet, collectively and individually, the American Jewish community is guilty of continuous and ongoing violation of one of the six hundred and thirteen commandments. "Judges and court officers shall you place unto yourself in all your gates (Deuteronomy 16:17) is cited by numerous early authorities, including Rambam, Sefer ha-Mizvot, mizvot aseh, no. 176 and Hilkhot Sanhedrin 1:1; Sefer Mizvot Gadol, esin, no. 87; and Sefer ha-Hinnukh, no. 491, as establishing an obligation to institute ecclesiastic courts, or Batei Din, in every locale. Rambam, Hilkhot Sanhedrin 1:2, explicitly rules that the commandment is binding, not only in the Land of Israel, but in the Diaspora as well.¹There is no suggestion in Rambam’s statement indicating that the commandment is no longer binding in our day. See Kiryat Sefer, Hilkhot Sanhedrin, chap. 5. See also Revid ha-Zahav, Exodus 22:7 and Netivot ha-Mishpat 1:1.
A somewhat different view is expressed by Ramban in his commentary on the Bible, Deuteronomy 16:18. Ramban asserts that the biblical command applies only to the appointment of judges who have been ordained, i.e., the recipients of the unbroken chain of semikhah, or ordination, originating in Moses’ conferral of ordination upon the judges appointed by him in the wilderness. Subsequent to the abrogation of semikhah during the period of Roman persecution, rabbinic courts enjoy limited authority as the “agents” of the judges of antiquity. Their authority, asserts Ramban, is rooted in rabbinic edict. Since such courts lack authority in biblical law, their establishment cannot be mandated by biblical law and, accordingly, Ramban concludes, “we are not at all biblically obligated with regard to the commandment concerning appointment of judges” (emphasis added). The implication is that the obligation continues in our day by virtue of rabbinic decree as a concomitant of the rabbinic legislation establishing the authority of non-ordained judges. Rabbenu Yerucham, Sefer Meisharim 1:4, explicitly declares that, in the absence of ordained judges, the obligation to establish Batei Din is rabbinic in nature.
Ramban’s assertion that appointment of judges is no longer biblically mandated is predicated upon his formulation of the antecedent premise that the “agency” of present-day rabbinic courts is rooted in rabbinic legislation. That view is also espoused by Ran, Sanhedrin 23a; Ramah, Sanhedrin 23a; Rashba, Gittin 88b; Ramban himself, Sanhedrin 23a; and Tur Shulḥan Arukh, Ḥoshen Mishpat 1:3. However, elsewhere, Yevamot 46b, s.v. shemat minah, Ramban concludes his comments with the remark that “it is possible” that the authority of non-ordained judges to act as “agents” of the ordained judges of an earlier era is biblical in nature. Cf. also the comments of Me’iri, Bet ha-Beḥirah, Baba Kamma 84b, also cited in Shitah Mekubeẓet, ad locum, to the effect that, absent such a rule, all biblical laws regarding jurisprudence would be abrogated and the world would be destroyed. If, even in our day, authority to sit in judgment continues to be rooted in biblical law, it then follows that establishment of Batei Din remains a biblical obligation. Cf., Imrei Binah, Ḥoshen Mishpat, chap. 1 and Encyclopedia Talmudit, III, 2nd ed. (Jerusalem, 5715), p. 162, note 366a. The sole distinction between the Land of Israel and the Diaspora with regard to the ambit of this commandment is that the obligation to establish Batei Din in each district is limited to the Land of Israel, while the obligation to establish Batei Din in each city is binding in the Diaspora as well. Kesef Mishneh, on the basis of a statement in the Gemara, Makkot 7a, suggests that the Maimonidean text should read that the obligation incumbent in the Diaspora is to appoint judges in every district, but not in each city.²For citation of sources regarding the role and function of regional Batei Din see Encyclopedia Talmudit, III, 151.

Rabbi Elazar ben Azariah said to them, "Behold I am like a man of seventy years and I have not merited [to understand why] the exodus from Egypt should be said at night until Ben Zoma expounded it, as it is stated (Deuteronomy 16:3), 'In order that you remember the day of your going out from the land of Egypt all the days of your life' - 'the days of your life' [indicates that the remembrance be invoked during] the days; 'all the days of your life' [indicates that the remembrance be invoked also during] the nights." But the Sages say, "'The days of your life' [indicates that the remembrance be invoked in] this world, 'all the days of your life' [indicates that the remembrance be invoked also in] the days of the Messiah."

The verse "Judges and officers shall you make for yourself in all your gates" (Deut. 16:18) bestows autonomous authority upon the rabbinic judges in each locale. They are empowered to promulgate their views in the area subject to their jurisdiction. The local populace may, with complete confidence, accept the teaching of the local bet din. Thus, in the city in which R. Eliezer was the chief authority the populace chopped trees, built a fire, and boiled water on the Sabbath in preparation for a circumcision, while in a neighboring town such actions constituted a capital offense. R. Eliezer's opinion to the effect that Sabbath restrictions are suspended not only for circumcision itself but even for preparation of the necessary accouterments of this rite was authoritative in his jurisdiction. The contradictory opinion of his colleagues was binding in their jurisdictions. Only upon a decision of the supreme halakhic authority, the Bet Din ha-Gadol, sitting in Jerusalem, did a given view become binding upon all of Israel.¹For a discussion of other equally binding decisions, see R. Elchanan Wasserman, Kuntres Divrei Soferim, no. 2, appended to Koveẓ Shi‘urim, II (Givatayim, 5720).

When we investigate the Torah’s year, we find written “This month shall be for you the beginning of months” (Exodus 12:2), so it is first of the months of the year. It is also written “This day you depart, in the month of ripening” (ibid. 13:4), and “Observe the month of ripening” (Deuteronomy 16:1). The explanation is that Israel counts by lunar months, and the month in which the barley ripens in the Land of Israel is the first of the year’s months. The beginning of that month is the beginning of the year, whether the equinox has passed or not. However, in order to perform the waving of the Omer ⁷⁸ The Omer waving took place on the second day of Passover, the sixteenth of Nisan (Leviticus 23:10–11). the court should ensure that Passover will occur when the barley has ripened.⁷⁹ There are exceptions to this requirement. See Ibn Ezra’s commentary to Exodus 12:2 and to Deuteronomy 15:1. Most years the ripening coincides with the equinox, but sometimes they are separated slightly because of an abundance of rain or because of drought.

(Samekh) ‘Paved is the path of the straight’ that walk ‘in the way of charity,’ which is [what provides for] the maintenance of the world. ‘Happy is the one who reflects upon the destitute,’ and especially on the day of a joyful party and a holiday, as it is elucidated in the Zohar 2: 88b. And these are its words:
Come see that on all the other times and festivals, a man must rejoice and make the poor rejoice. And if he rejoices alone and does not give to the poor, his punishment is great, etc. About him it is written (Mal. 2:3), “And I will strew dung upon your faces, the dung of your festivals.” But if he rejoices on Shabbat – even though he does not give to the other – He does not give him a punishment like the other times and festivals, as it is written, “the dung of your festivals,” and not “the dung of your Shabbats.” And it is [also] written (Isaiah 1:14), “Your new moons and your holidays My soul does hate,” but Shabbat is not mentioned. And for this reason, it is written (Exod. 31:17), “Between Me and between the Children of Israel.” To here [are its words].
[However we need to understand] the reason that on festivals one needs to make the poor rejoice more then on Shabbat; and also what is the relevance of new moons here, such that it is written, “Your new moons and holidays My soul does hate,” whereas in the Zohar it is not mentioned that one needs to rejoice on new moons; and also that which it says, “And that is what is written, ‘Between Me and between the Children of Israel.’” It appears to me that the holy days are supernal guests, and one needs to make the guests rejoice. And this is their joy – to have the miserable poor rejoice. From this they take their portion. In order to grasp the point of the matter, I will tell you a parable about a king who visited a villager under his rulership. And [the villager] recognized him, but did not put his attention to honoring him properly. And [so] the king got angry with him. But when [the king] raised his eyes, a messenger came to him sent by another villager. [The message was], “If it would be good for the king, let him come to a party that I will make for him.” And [so] he came to the house of that man. But behold that man also did not pay attention to the king, and he also did not honor him. Then ‘the king broke out into a great anger.’ He said ‘with rage and fury,’ “[He] ‘shall be [torn by his] limbs and his home shall be a dunghill,’” as the act of this one was worse than the first man. [That is] because the king came to the first on his own, whereas this one sent for him. And the king also got angry at the messenger, as he was the [immediate] cause of his embarrassment. And behold, on Shabbat which is ‘fixed and standing’ and the [supernal] guests come on their own, He does not punish [those that do not share with the poor] much. But [this is not the case] on festivals and holidays which are [set] by Israel, like the statement of [the Sages], may their memory be blessed, “‘Which you shall proclaim them (otam)’ (Lev. 23:2) – [do not] read [‘them,’ but rather], ‘you (atem)’” (Rosh Hashanah 24a). And if one does not honor the guests then, his punishment is great. For this reason, it stated, “Your new moons and holidays My soul does hate” – since the [holidays] are [established by way] of the new moons, and He gets angry with the messenger as well. And for this reason, it said, “And that is what is written, ‘Between me and between the Children of Israel.’” [This is] since Shabbat is ‘fixed and standing,’ and we accordingly say (in the holiday prayers), “Who sanctifies the Shabbat, Israel and the [holidays]” – as Shabbat is a sign between Him and the Children of Israel, whereas the festivals are a sign between the Children of Israel and Him. And [it is also] because the Shabbat is ‘fixed and standing,’ whereas holidays are [established] by Israel. And understand [this]. And [it is] also because one needs to appear before the Lord on festivals and [holidays] – as it is stated (Deut. 16:16), “all your males shall appear” – [hence] at least at these times, he should be in the image and the likeness, the rich and the poor, together. And [he should then] not, God forbid, be like a beast.

The intention of this discussion is to enlighten our readers regarding the thought processes and approaches of contemporary batei din and to encourage the use of beit din as opposed to civil court whenever possible. Some Dayanim believe that a broader application of civil law whenever permitted by Halachah and minimal application pesharah helps achieve the goal of Jews adjudicating their disputes within the community. Nonetheless, we must bear in mind that since the mandate of the beit din includes ruling in accordance with equity, the mitzvah of “tzedek tzedek tirdof,” “Justice, justice shall you pursue” (Devarim 16:20 and Sanhedrin 32b) requires the application of Pesharah in certain situations (Rav Kook, Teshuvot Orach Mishpat C.M. no. 1).

As it is required for the house of Israel to read from the scrolls, and to teach in the Torah, and to conclude with the prophets, on each day according to its subject matter — laws of Pesaḥ on Pesaḥ, laws of Shavuot on Shavuot, laws of Sukkot on Sukkot, as it is written "And Moses spoke the appointed-times of haShem to the children of Israel" (Leviticus 23:44), and it is commanded to read every matter at its time and extrapolate on the subject of the day, as taught, "Rabbi Shimon ben Elazar says:¹In our manuscripts, it says "The Rabbis taught" here. Moses ordained for Israel that they would investigate and extrapolate on the matter of the day — laws of Pesaḥ on Pesaḥ, laws of Shavuot on Shavuot, laws of Sukkot on Sukkot" (Megillah 32a:17). On Ḥanukkah we read the princes (Numbers 7). On Purim we read "And Amalek came" (Exodus 17:8—16). When Rosh Ḥodesh Adar falls on Shabbat we read the portion of the sheqalim (Exodus 30:11—16). "And Rabbi Yitzḥaq Nappaḥa said: when Rosh Ḥodesh Adar falls on Shabbat, bring three Torah scrolls, and read one for the matter of the day, and one for the new moon, and one from Ki Tissa. And Rabbi Yitzḥaq Nappaḥa said: when Rosh Ḥodesh Tevet falls on Shabbat, bring three Torah scrolls, and read one for the matter of the day, and one for Rosh Ḥodesh, and one for Ḥanukkah" (Megillah 29b:22). On Ḥanukkah and on Purim three people read, on Rosh Ḥodesh and on Ḥol ha-Moed four people read — since there is Musaf, we add [mosifin] a person. When Rosh Ḥodesh Adar falls on Shabbat, we read the portion of the sheqalim (Exodus 30:11—16). When it falls on another day of the week, we advance the reading of the portion of the sheqalim, and interrupt the special readings. On the second² Shabbat of the month we read 'Remember' (Deuteronomy 25:17—17). On the third, the red heifer (Numbers 19:1—22). On the fourth, 'This month' (Exodus 12:1—20). If it falls on the sixth, then 'This month' is on the fifth. After that they return to the regular order. And everyone interrupts the order for Rosh Hodesh, Ḥanukah, Purim, fast days, festival days, and Yom Kippur (Mishnah Megillah 3:5). On Pesaḥ they read the portion of the festivals. And a mnemonic is: "during the bull, sanctify with money, cut in the desert, send the firstborn." On Shavuot, "On the third day" (Exodus 19:1–20:23), and on the second day, "Every firstborn" (Deuteronomy 15:19—16:37). On Rosh Hashanah, "And haShem remembered Sarah" (Genesis 21:1–34) and on the second day, "And God tested Abraham" (Genesis 22:1—24). On Yom Kippur, "after the death" (Leviticus 16:1—34). On Sukkot, the offerings for Sukkot (Numbers 29:12—34). On Ḥanukkah, the princes (Numbers 7). On Purim, "And Amalek came" (Exodus 17:8—16). On Rosh Hodesh, "And on your new months" (Numbers 28:1–15). On the watches, the matter of creation (Genesis 1:1—2:3). On fast days, "And Moses petitioned" (Exodus 32:11—14, Exodus 34:1–10). On Mondays and Thursdays and on Shabbat in the afternoon they read according to the order, but they are not counted in the order. As it is said, "And Moses spoke the appointed-times of haShem to the children of Israel" (Leviticus 23:44) — it's commanded that they read each and every one at its time.

The juxtaposition in a single verse of the commandments concerning the peace-offering and the obligation regarding rejoicing is regarded by the Gemara as establishing the principle that the "rejoicing" in the festival that is explicitly commanded (Deuteronomy 16:14) is that of partaking of the meat of the sacrifice.¹⁶According to most authorities, the parallel obligation on Shabbat is oneg or “delight” and does not mandate the eating of meat as an absolute obligation. See sources cited by R. Shalom Mordecai Schwadron, Da‘at Torah, Yoreh De‘ah 1:10. Yoreh De’ah 1:10, and Sedei Hemed, Asifat Dinim, ma’arekhet dining, sec. 1.

However, Rambam, Sefer ha-Mizvot, mizvot aseh, no. 54, adopts an entirely different position: "Included in His statement 'and you shall rejoice in your festivals' (Deuteronomy 16:14) is that which [the Sages] said to rejoice in them with [various] forms of rejoicing and [because] of this to eat meat, to drink wine, to don new clothes and to distribute fruits and sweets to children and women." Even more explicit is Rambam's statement in Hilkhot Yom Tov 6:18. After codifying the requirement of eating the meat of the festival-offering during the days of the Temple, Rambam turns to an explication of other ramifications of the commandment to rejoice in the festival: "How [is the commandment fulfilled]? Children are given parched corn, nuts and sweets; for women one buys beautiful clothes and ornaments in accordance with one's financial ability; and men eat meat and drink wine, for there is no rejoicing other than with meat and there is no rejoicing other than with wine." This view is also adopted by Tur Shulḥan Arukh, Oraḥ Hayyim 529.

Bet Yosef, Oraḥ Hayyim 529, questions the requirement posited by Rambam and Tur regarding eating meat on the festival since the Gemara seems to indicate that, in our day, the commandment is satisfied by merely drinking wine.¹⁷Cf., R. Moshe Sternbuch, Mo’adim u-Zemanim, I, no. 29, and VII, no. 111, notes 1 and 2. The statement of Hagigah 8a " 'and you shall rejoice in your festivals' (Deuteronomy 16:14): to include all forms of rejoicing," is apparently understood by Rambam as creating a normative obligation beyond that posited in Pesaḥim 109a with regard to partaking of the meat of the festival-offering. Therefore, maintains Rambam, when meat of sacrificial animals is not available, ordinary meat must be eaten for purposes of fulfilling the commandment of rejoicing.¹⁸Cf., also, Bah, Oraḥ Ḥayyim 529. It is quite evident that the Sages maintained that the consumption of ordinary meat gives rise to joy since the Gemara, Sanhedrin 70a, declares that it is forbidden to eat meat or to drink wine on the day preceding the ninth of Ab.¹⁹It is certainly arguable that, even according to Rambam, a man who genuinely finds meat repulsive is not required to eat meat on Yom Tov. The obligation to eat meat subsequent to the destruction of the Temple is based upon the derivation “to include all forms of rejoicing” formulated in Ḥagigah 8a. The specific forms of rejoicing are not uniform to all people as evidenced by the fact that women are not obligated to eat meat but to rejoice with new clothes and jewelry. This halakhic provision reflects the judgment of the Sages that women do not derive the same pleasure from eating meat as is experienced by men. A male who does not derive pleasure from eating meat, arguably, must seek other forms of rejoicing. Cf. R. Moshe ha-Levi Steinberg, Ḥukkat ha-Ger (Jerusalem, 5741), Kuntres ha-Teshuvot, no. 1. This prohibition was later extended to prohibit the eating of meat beginning with the first day of Ab. However, if all appropriate forms of rejoicing are mandatory, why does the Gemara, Pesaḥim 109a, speak of wine as obligatory only in our day, but not when the meat of the festival offerings was eaten? Yam shel Shelomoh, Beizah 2:5, suggests that, when the Temple stood, rejoicing was possible without the inebriating effect of wine; only in exile is wine necessary to dispel melancholy and to generate joyousness in order to restore faith that God has not forsaken us. Yam shel Shelomoh fails to explain why Pesaḥim 71a speaks of an obligation with regard to drinking "old wine" prior to the destruction of the Temple.

Rambam's position may be understood on the basis of a responsum authored by Rabbi Moses Sofer, Teshuvot Hatam Sofer, Likkutim, no. 14. The primary question addressed by Hatam Sofer in that responsum is whether a non-Jewish judge may accept a bribe. His response is that, although the biblical injunction "Thou shalt not take a bribe"²⁴Deuteronomy 16:19. is addressed to Jews and not to Noahides, nevertheless, a Noahide is commanded to render a true and just verdict and hence he dare not accept a bribe for purposes of subverting justice.²⁵For further discussion of bribery under the Noahide Code see Ramban, Commentary on the Bible, Genesis 34:13; R. Joseph Saul Nathanson, Teshuvot Sho’el u-Meshiv, Mahadura Kamma, I, no. 230; Encyclopedia Talmudit, vol. III, p. 355, note 256; R. Bernard Chavel, Peirush Ramban al ha-Torah, I, 192, s.v. u-be-Yerushalmi; R. Jonathan Eibeschutz, Urim ve-Tumim 9:1; R. Joshua Leib Diskin, Teshuvot Maharil Diskin, II, Kuntres Aḥaron, no. 5, sec. 223. A judge who knowingly renders an unjust judgment, opines Hatam Sofer, is guilty of a capital crime under the Noahide Code. Accordingly, he rules that a Jew who presents a bribe to a non-Jewish judge, not only wrongs his adversary, but is also guilty of "placing a stumbling-block before the blind" in causing the judge to issue an unjust decision. Hatam Sofer then proceeds to distinguish between civil actions and criminal proceedings. Since bribery of a gentile is forbidden only if the bribe is designed to assure a favorable judgment without regard to the merits of the case, a gift designed to assure only impartial deliberation and expeditious disposition of the case is not prohibited.²⁶In contradistinction to the law governing Noahide judges, a Jew may not accept a gift from a litigant even if it is only of trivial value, even if any attempt to influence the verdict is expressly disavowed, and even if gifts of equal value are presented by both parties. See Rambam, Hilkhot Sanhedrin 23:1 and 23:5. Accordingly, rules Hatam Sofer, a bribe designed to assure acquittal in a criminal proceeding cannot be forbidden since

Binyan Ẓion includes another noteworthy objection to Kalisher's proposal. R. Ya'akov Ettlinger's major contention is based upon the verse "And I will bring your sanctuaries unto destruction, and I will not smell the savor of your sweet odors" (Lev. 26:31). The Gemara prescribes that each sacrifice be offered with six "intentions" (Zevaḥim 46a); among these are le-shem reaḥ and le-shem niḥoaḥ. Ettlinger argues that since God says He will not smell "the savor of your sweet odors" while the Temple lies desolate we cannot offer the sacrifice with such an intention. A similar concept is expressed independently in Emek Berakhah (Jerusalem, 5708), p. 66, by R. Aryeh Pomeranchik, a distinguished disciple of the late Brisker Rav. Quoting an oral tradition related in the name of R. Naftali Zevi Judah Berlin, Rosh Yeshivah of Volozin,³⁶This view is, in fact, expressed by R. Berlin in his Teshuvot Meshiv Davar, Kuntres Dvar ha-Shmittah, no. 56, and in his Ha‘amek Davar, Lev. 26:31 and Deut. 16:13. See also a hitherto unpublished letter written by R. Berlin, Ha-Ma‘ayan, Nisan 5734, pp. 9–10, and R. Menachem Gerlitz, Mara de-Ar‘a Yisra’el (Jerusalem, 5734), II, 16. Ḥazon Ish, Ohalot 30:5, expresses a similar but different concept in stating, on the basis of the same verse, that sacrifices are precluded as one of the manifestations of exile. See R. Kalman Kahana, Ha-Ma‘ayan, Tevet 5731, p. 31, n. 12. Rabbi Pomeranchik asserts that while ordinarily a sacrifice in which these intentions are absent remains valid, nevertheless, in instances when these intentions are impossible, the sacrifice is rendered invalid. The sole exception is the paschal sacrifice which the Torah never refers to as being offered for purposes of "a sweet odor." Rabbi Pomeranchik explains the difficult phrase in the Haggadah, "May we partake there of the sacrifices and of the paschal offerings, whose blood shall be sprinkled upon Thine altar for acceptance," in light of this novel interpretation. The term le-razon expresses our prayer that we shall be able to offer the pesaḥ in a rebuilt Temple in a perfect manner, so that it will also be accepted as "a sweet odor," although this is not strictly required in the case of the paschal sacrifice.

Yet there remains an obvious discrepancy between the rationale underlying recitation of Birkat ha-Hammah and the astronomical facts. In order to understand the nature of Birkat ha-Hammah it is necessary to draw attention to what appears to be an anomaly in the calendar itself. The Jewish calendar is lunisolar, i.e., the months are calculated according to the moon, while the years are reckoned according to the sun. The length of each lunar month approximates the period of time which it takes the moon to complete its rotation around the earth. Twelve lunar months equal approximately 354 days, or approximately 11 days less than the length of a solar year. Thus, in a lunar calendar the months would retrograde through the four seasons, i.e., each year every lunar month would occur about 11 days earlier in the solar year than it occurred in the previous solar year. Hence, the various Holy Days would, over the course of years, occur in each of the four seasons. However, the Torah declares, "Preserve the month of Aviv and observe Passover to the Lord your God" (Deuteronomy 16:1). The commandment requires that Passover occur in the month of Aviv, i.e., in the spring. This is accomplished by periodic intercalation of an additional month in order to assure that Passover will occur after the vernal equinox. The Jewish calendar provides for the addition of seven such months in each cycle of 19 years. This method of reconciling lunar months and solar years is known as the "tekufah of Rav Adda." Rav Adda calculated that 19 solar years are exactly equal to 19 times 12 lunar months plus seven additional, intercalated months. Rav Adda's solar year is equal to 365 days, 55 minutes and 25 27/57 seconds. Rav Adda's calculation is much closer to the length of the solar year than the 365 and a quarter day solar year assumed by Samuel.

To not take a bribe: That the judge not take a bribe from the litigants - even to judge truthfully - as it is stated (Exodus 23:8), "And you shall not take a bribe." And this negative commandment is repeated in the Torah about this matter in another place (Deuteronomy 16:19). And so did they say in Sifrei Devarim 144:10, "'You shall not take a bribe' - even to make the innocent, innocent and the liable, liable."

On the seventh of Pesaḥ, the nights before the holiday, we sanctify it with Kiddush over the wine, and we do not need to say the blessing Sheheḥeyanu over the season. And here ¹ Pesachim 102b:5 is the proof. As it says there: Because Rav did not say that one recites the blessing over the season, learn from that that we are discussing the seventh day of Pesaḥ. Whatever wine he had, he already consumed, and does not have enough for two more cups. And the explanation for this is that the season is included within the pilgrimage. And we pray as on the first two days of Pesaḥ, for the evening and for the morning, but in the Musaf prayer we add to the verses of And you shall present ² Numbers 28:19-24, and we say, And on the seventh day a sacred gathering it will be for you, all laborious work you will not do.³ Numbers 28:25 And its offerings, etc. And we take out two Torah scrolls and read from And it was when he let them go⁴ Exodus 13:17 to For I am the LORD your healer ⁵ Exodus 15:26, since on the seventh day the Israelites of the exodus said the Song at the Sea. And the mafṭir reads from And you shall present to the end of the part⁶ Numbers 28:19-25, and concludes in Samuel, from And there was again fighting in Gath⁷ II Samuel 21:20 to the end of the song of David⁸ II Samuel 22:51, because it is a song, and it has language within it showing similarity to language of the exodus from Egypt, like Smoke went up from His nostrils⁹ II Samuel 22:9 or And he let loose bolts¹⁰ see II Samuel 22:9. And a minor translates it all into the Aramaic translation verse by verse, from And it was when he let them go¹¹ Exodus 13:17 and from the entire song, for this very day Israel crossed the sea, and the section is translated to publicize miracle. And just as it is our custom to translate the Torah into the Aramaic of Onkelos, so too we translate the Prophet into the Aramaic of Jonathan. And we also translate the readings on Atzeret that is to say, Shavuot, but not on the other festivals. On the eighth day we read Every firstborn to the end of the reading¹² Deuteronomy 15:19-16:17, and conclude with Isaiah, at That same day at Nob up to Shout and cheer¹³ Isaiah 10:32-12:6, because the downfall of Sanḥeriv was on Pesaḥ.

He prohibited us from leaving over any of the meat of the festival-offering that he sacrifices on the 14th (of Nissan) to the third day, but rather to eat it within two days. And that is His saying, "and none of the meat of what you slaughter on the evening of the first day shall remain overnight" (Deuteronomy 16:4) - as it is explained in the sixth [chapter] of Pesachim (Pesachim 71). And the received explanation (Sifra, Tzav, Chapter 12:7) comes [to teach], "'And none of the meat shall remain' - Scripture is speaking about the festival-offering that comes together with the Pesach-offering, that it is eaten for two days. I might [think], for one day. [But] when it says, 'until the morning,' it is to give a second morning." And about it did He say, "And you shall slaughter the Pesach-offering to the Lord" (Deuteronomy 16:2). And that which remains of it from the 14th to the third day shall be burnt - since it is [prohibited] by, do not leave over. [But it is rectified by a positive commandment,] so we do not give lashes for it. And the regulations of this commandment - meaning the festival offering specific to the fourteenth day [of Nissan] alone - have already been explained in [various places] in Chagigah and Pesachim. (See Parashat Re'eh; Mishneh Torah, Paschal Offering 10.)

If you build a sukkah underneath the branches of a tree¹¹This rule applies only when the branches of the tree actually overhang the sukkah itself, but if the branches are adjacent to the sukkah, even though they provide the shade for the sukkah, the sukkah is valid. (Ibid 626:1, see Biur Halachah) it is invalid. Even if the branches alone would have allowed more sun than shade, and consequently, by placing the sechach on the sukkah, you, in fact, made it into a sukkah [by providing the required shade], it is, nevertheless, invalid. Even if you cut off the branches of the tree afterwards, the sukkah still remains invalid, for it is written, "Make [ta'aseh] the festival of Sukkos for yourself" (Deuteronomy 16:13), and it is expounded, "A sukkah must be made, and not come into being by itself." (see chapter 9:6 above) Therefore, after cutting the branches of the tree, you must pick up each branch of the sechach and a new act of placing it down must be performed, for the purpose of fulfilling the mitzvah of sukkah.¹²Mishnah Berurah writes that the sechach must be placed down for the sake of providing shade but not necessarily for the mitzvah of sukkah. (Ibid 626:14) It is also forbidden to lay down the sechach before making the walls for it is required that with the laying of the sechach the sukkah should become valid for use.

That is that He commanded us to sanctify (proclaim) the months (in other versions, and to calculate the months) and years. And that is the commandment of sanctifying the month. And that is His, may He be exalted, saying, "This month shall mark for you the beginning of the months" (Exodus 12:2). And the explanation (Rosh Hashanah 22a) comes [and tells us] that "this testimony is given over to them" - meaning that this commandment is not given over to each and every individual, like the Shabbat of creation, towards which every individual counts six days and rests on the seventh. [Here, it is not] that when each and every individual sees the [new] moon, he determines that today is Rosh Chodesh (the first of the month), or that he should count some Torah matter and establish the new month or look into the lateness of the Spring - or something else that is fitting to observe - and add a month. Rather, this commandment is always only done by the High Court, and only in the Land of Israel. And the sighting [of the new moon] has therefore been annulled for us today with the absence of the High Court, just like the offering of sacrifices has been annulled with the absence of the Temple. And the heretics called Karaites have referred to this and erred about it. And this is a principle that even some of the rabbis did not concede and followed them into the darkness and the shade. You should know that the calculation that we count with today, through which we know Rosh Chodesh and the holidays, is impossible to do outside of the Land. However in the absence of sages in the Land of Israel, it is possible for a court that was ordained in the Land of Israel to intercalate years and determine months outside of the Land, like Rabbi Akiva did - as is explained in the Talmud (Berakhot 63a) - yet there is a great and strong question about this. And it is known that the Great Court, however, was in the Land of Israel; and that they were the ones that determined the months and intercalated the years in ways that were passed on to them, [doing so] in their gathering together. And this is one of the great principles of the faith - only those that have a deeper knowledge know it and see it in its place. And that is that that which we count today outside of the Land with the work of intercalation that is in our hands - and say that this day is Rosh Chodesh and that day is a holiday - is not because we have determined the holiday from our [own] calculation in any way. Rather, it is because the Great Court in the Land of Israel had already determined that this day is Rosh Chodesh or a holiday. And since they said that today is Rosh Chodesh or a holiday, it is [actually] Rosh Chodesh or a holiday - whether this action of theirs was through calculation or sighting - as appears in the explanation (Rosh Hashanah 25a), "'These are the set times of the Lord [...] which you shall proclaim as sacred occasions' (Leviticus 23:4); I have no other set times besides these" - meaning to say, the ones that they say are the sacred times, even under duress, even in error, even inadvertently - as it appears in the tradition. And we indeed consider the day determined by them - meaning the inhabitants of the Land of Israel - to be Rosh Chodesh. As it is upon [their] work itself that we count and determine [it] - not upon sighting; and it is upon their calculation that we rely, and not upon our [own] calculation. Rather our calculation is just an exposition of the matter. And understand this. And I will explain to you further. If we were to assume, by way of illustration, that the [Jewish] residents of the Land of Israel disappeared from the Land of Israel - God forbid that God would do this, since He promised that He would not erase the traces of the nation [there] totally - and that there would not be a court there, nor a court outside the Land of Israel that was ordained there. [In such a case,] this calculation of ours would surely not help us at all in any way. For we may only calculate months and intercalate years outside the Land of Israel according to the conditions mentioned, as we have explained - 'for out of Zion comes forth Torah.' And when someone with a complete intellect examines the [related] statements of the Talmud with this approach, everything that we said will become clear, without a doubt. And note that there were hints that appear in Scripture that indicate the principles of this work upon which we should rely to know Rosh Chodesh and the intercalation of years. Among them is His saying, "You shall keep this ordinance at its set time from year to year" (Exodus 13:10). They said (Mekhilta DeRabbi Shimon Bar Yochai 13:9), "It teaches that we only intercalate the year during the period that is proximate to the sacred occasion (Pesach)." And they said [further], "From where [do we know] that we only sanctify the month during the day? [Hence] we learn to say, 'from year to year (literally, from day to day).'" And they [also] said (Megillah 5a), "You calculate months for years, but you do not calculate days for years." This indeed indicates that the addition in this is in fact a full month. And they said [further], "'A month of days' - you count the days of a month, and you do not count the hours of a day." And His saying, "Observe the month of Spring" (Deuteronomy 16:1), indicates that it is fitting that we preserve the seasons of the year in our years, and that is why it is [also] solar. And the regulations of this commandment have already all been completely explained in the first chapter of Sanhedrin, in Tractate Rosh Hashanah and in Berakhot. (See Parashat Bo; Mishneh Torah, Sanctification of the New Month 1.)

That is that He commanded us to count forty-nine days from the harvesting of the omer. And that is His, may He be exalted, saying, "you shall count for yourselves seven weeks from the morrow of the Shabbat, etc." (Leviticus 23:15). And you should know that just like the court is obligated to count the years of the Jubilee, year by year [and] cycle by cycle - as we explained in what came previously (Sefer Hamitzvot, Positive Commandments 140) - so too is each and every one of us obligated to count the days of the omer, day by day and week by week. And that is His having said, "you must count fifty days" (Leviticus 23:16), and "Seven weeks shall you count for yourself" (Deuteronomy 16:8). And just like the commandment of counting the years and the sabbatical cycles is one commandment - as we explained - so too is the counting of the omer, one commandment. And do not be fooled by their saying (Menachot 66a), "It is a commandment to count days and it is a commandment to count weeks," and think that they are two commandments. For it is a commandment to do each and every part of commandments that have have different parts. However had they said, "From where [do we know that] the days are a commandment; and from where [do we know that] the weeks are a commandment" - it would have been two commandments. And this will not be lost on the one that will not be fooled by the words. Since were you to say, "It is an obligation to do such and such," it surely does not necessarily make that action a separate commandment. And the clear proof for this is our counting every night that it is such and such weeks and such and such days. And were it to be a separate commandment, we would only arrange its content on the night of Shavuot; and we would say two blessings - on the counting of the omer; and on the counting of the weeks of the omer. But the things are not like this. Rather the commandment is counting the omer daily and weekly [together], as they ordained. And women are not obligated in this commandment. (See Parashat Emor; Mishneh Torah, Daily Offerings and Additional Offerings 10.)

And the verse stated here, "work of labor," and it did not state, "all work" - since the needs of food for the soul were permitted to be done on the holiday; as Scripture comes in another place (Exodus 12:16), "but that which is eaten by every soul, that alone shall be done for you." And this is the understanding of work of labor - meaning to say, work that is not for the needs of food for the soul, like the matter that is stated (Exodus 1:14), "labor in the field"; and so [too,] "Kain was a laborer of the field" (Genesis 4:2); "a king over a field that is labored" (Ecclesiastes 5:8); "labors his land" (Proverbs 12:11). But work that is for food for the soul like cooking and similar to it is work of enjoyment, not work of labor. So did Ramban, may his memory be blessed, explain. And he wrote further (Ramban on Leviticus 23:7) that this understanding is elucidated in the Torah [itself], since with the Festival of Matsot, [about which] it first stated, "all work shall not be done upon them" in the Order of Bo el Pharoah, it was required to explain, "but that which is eaten by every soul, that alone shall be done for you." But with all of the other holidays, it was brief and it stated, "all work of labor you shall not do," to forbid all work that is not [for] food for the soul, and to inform that food for the soul is permitted on them. And Scripture did not ever state in one of the other holidays, "all work," nor explain the permissibility of food for the soul - since "all work of labor" teaches about this. But in the section, Kol HaBekhor on the Festival of Matsot, it states (Deuteronomy 16:8), "and on the seventh day, it is a convocation to the Lord, your God; you shall not do work." And the reason is because it already explicitly permitted food for the soul on this holiday in the Order of Bo el Pharaoh. And afterwards in this Order, it mentions "work of labor," which also implies the permissibility of food for the soul. And therefore, when it repeated and mentioned it another time in the section of Kol HaBekhor, it was not needed for it to state a further explanation about it; and [so] it mentioned just, "work," and relied on that which is known [from the earlier entries]. And nonetheless, it did not state, "all work," as [it does] with Shabbat and Yom Kippur, but [rather just] stated, "work" - meaning to say, the work which I have warned you about.

The commandment of counting the omer: To count forty-nine days from the bringing of the omer which is on the sixteenth day of Nissan, as it is stated (Leviticus 23:15), "And you shall count for yourselves from the morrow of the Shabbat from the day of your bringing the omer of waving." And this tallying is an obligation, and it is upon us to count the days on each day and, likewise, the weeks. As Scripture said to count fifty days and also said (Deuteronomy 16:9), "Seven weeks shall you count for yourself." And in explanation, Abbaye said in the Gemara in Menachot 66a, "It is a commandment to tally the days and it is a commandment to tally the weeks" (see Sefer HaMitzvot LaRambam, Mitzvot Ase 161). And there are some of the commentators (see the end of Ran on Pesachim) the opinion of which is that the intention of the verse is to tally the weeks specifically when they are full, but there is no need to mention [them] every day and say that they are such and such days and such and such weeks. And there are some that say (Rosh in his Responsa 24:13) that the [proper] way is to mention the tally of weeks with the days always on every day. And one who fears the Heavens will choose their way to remove [himself] from any doubt, and not be concerned about the elegance of the words. And so have they practiced today in all places of which we have heard.

And there is one there that learns it from, "all work of labor shall you not do" (Leviticus 23:7) - and that is Rabbi Yose HaGalili. And this is how the verse is explained according to him - meaning, on the first day is it that all work of labor is forbidden besides what is needed for the food of the soul, but on the intermediate days of the festival, not all work is forbidden on it. Rather some are forbidden and some are permitted; and Scripture gave them over to the Sages [to decide]. And Rabbi Akiva learns it from, "These are the appointed times of the Lord, holy occasions" (Leviticus 23:4) - as he establishes it as [referring to] the intermediate days of the festival. And from that which it is written in it, "holy occasions," it teaches that it is forbidden in the doing of work. And it is possible that according to him, permitted work is learned by him from (Leviticus 23:36) "it is an atseret (which can also mean, a cessation)" - meaning that the eighth day is stopped from all work, but not the other days. Or also, he learned it form [the letter] hay (which means, the) of "the seventh," written about Pesach in the Order of Reeh Anochi (Deuteronomy 16:8), "Six days shall you eat matsot," such that they, may their memory be blessed, said "'And on the seventh day it is an atseret' - the seventh is stopped from all work, but not the sixth. And which work is forbidden or permitted? Scripture gave them over to the Sages [to decide]." And since the matter is given over to their hand, such that the Torah only forbade what they said, they divided work according to their will and opinion. And it comes out that all work they, may their memory be blessed, forbade, is forbidden to us from Torah writ; and that which they permitted is also permitted by Torah writ. As according to the understanding expounded from Scripture, this prohibition is given over to their hand.

And it appears that [also] included in this commandment is that anyone who the members of the community have chosen to appoint appointees over them for any matter, that they should put all of their attention and intellect [to it], to appoint those appropriate and good for that appointment that the community requires. And he should not be frightened from any man, to appoint someone that is not appropriate. And the Sages said (Avodah Zarah 52b, Sanhedrin 7b) about someone who sets up a judge that is not proper, [that it is] as if he puts up a stone pillar, as it is stated (Deuteronomy 16:22) [soon after the commandment to set up judges], "and you shall not set up a pillar for yourself." And if it is a place where there are Torah scholars in it, they said that it is like planting a tree-god, as it is stated (Deuteronomy 16:21), "You shall not plant a tree-god, any tree, beside the altar of the Lord, your God." And they also said (Sanhedrin 7b) that anyone who appoints a judge because of his wealth, about this is it stated (Shemot 20:20), "You shall not make with Me gods of silver and gods of gold." And they spoke at length about this matter and said (Talmud Yerushalmi Bikkurim 3:3) that it is forbidden to stand [for judgement] in front of a judge who gave money in order that he be appointed a judge. And they treated his honor very lightly, and said about him that the cloak with which he wraps himself should be like a donkey saddle in your eyes. And it was the way of the early Sages to flee from being appointed judges (Sanhedrin 14a), except in a place where there was no one greater than them.

And it appears that [also] included in this commandment is that anyone who the members of the community have chosen to appoint appointees over them for any matter, that they should put all of their attention and intellect [to it], to appoint those appropriate and good for that appointment that the community requires. And he should not be frightened from any man, to appoint someone that is not appropriate. And the Sages said (Avodah Zarah 52b, Sanhedrin 7b) about someone who sets up a judge that is not proper, [that it is] as if he puts up a stone pillar, as it is stated (Deuteronomy 16:22) [soon after the commandment to set up judges], "and you shall not set up a pillar for yourself." And if it is a place where there are Torah scholars in it, they said that it is like planting a tree-god, as it is stated (Deuteronomy 16:21), "You shall not plant a tree-god, any tree, beside the altar of the Lord, your God." And they also said (Sanhedrin 7b) that anyone who appoints a judge because of his wealth, about this is it stated (Shemot 20:20), "You shall not make with Me gods of silver and gods of gold." And they spoke at length about this matter and said (Talmud Yerushalmi Bikkurim 3:3) that it is forbidden to stand [for judgement] in front of a judge who gave money in order that he be appointed a judge. And they treated his honor very lightly, and said about him that the cloak with which he wraps himself should be like a donkey saddle in your eyes. And it was the way of the early Sages to flee from being appointed judges (Sanhedrin 14a), except in a place where there was no one greater than them.

To not eat chamets after midday: To not eat chamets after midday on the fourteenth day of Nissan. And about this is it stated (Deuteronomy 16:3), "You shall not eat chamets upon it." Rambam, may his memory be blessed, wrote (Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 199), "The word 'upon it,' refers back to the Pesach lamb, the obligation of which to slaughter was in the afternoon of the fourteenth day. And they said from the moment that the time of its sacrifice arrives, 'You shall not eat chamets upon it.' And in Pesachim 28b, they, may their memory be blessed, said, 'From where [do I know] that one who eats chamets from six hours and onward is [transgressing] a negative commandment? As it is stated "You shall not eat chamets upon it."' And there (Pesachim 4b) it is said, 'According to everyone, however, chamets is prohibited by Torah writ from six hours and onward.' So have we found the language of all the precise textual variants that were read by the elders of the Talmud. And there is it said about the reason for the prohibition of chamets within the sixth hour, 'The rabbis made an extra distancing, so as not to reach a Torah prohibition.' And one who transgresses and eats chamets after midday is lashed." To here [are his words].

And it is practiced by males and females in all places and at all times, even at this time when we do not have the Pesach sacrifice. And one who transgresses it and eats a kazayit of chamets after midday is liable for lashes, according to the opinion of Rambam, may his memory be blessed. [This is] because he holds (Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 199) that the law is like Rabbi Yehudah, who said that one who eats chamets before Pesach - [by which] I mean on the fourteenth day of Nissan from midday and onward - violates the negative commandment that we mentioned. But Ramban, may his memory be blessed, disagrees with him (in his glosses to the Sefer HaMitzvot, Mitzot Lo Taase 199). And according to his opinion, there is no negative commandment in this, since the law is like Rabbi Shimon, who disagrees with Rabbi Yehudah. [Rabbi Shimon] says, "Whether it is before its time or whether after its time, he does not violate anything." And he expounds the matter from that which it is written (Deuteronomy 16:3), "'You shall not eat chamets upon it, seven days shall you eat matsot upon it'; at the time that a man is in the positive commandment of 'eat matsot,' there is the prohibition of 'do not eat chamets,' and at the time that he is not in the commandment of eat matsa - which is whether before the time of Pesach or whether afterwards - he is not in the prohibition of 'do not eat chamets.'" And according to the opinion of Rabbi Shimon, the word, "upon it," refers back to the eating of the Pesach sacrifice, which is eaten in the evening. And so is it explicit in the Talmud Yerushalmi Pesachim 1:4 that according to the words of Rabbi Yehudah, the word, "upon it," refers back to its slaughter; and according to the words of Rabbi Shimon to its eating, as it was eaten in the evening. And that which appears in the Gemara, "According to everyone, however, chamets is prohibited," and so [too,] what they said, "The rabbis made an extra distancing, so as not to reach a Torah prohibition" - all of this is true, that there is a Torah prohibition to benefit from chamets after six hours. However, the prohibition that comes upon it is from the commandment to dispose [of chamets] from Torah writ from six hours onward, but certainly there is no negative commandment in it at all - like Rabbi Shimon, like whom we hold. And so is it explicit there in the Gemara, "[That] according to everyone, however, chamets is by Torah writ from six hours and onward, from where do we [know it]? Abbaye said, 'Two verses are written, etc.'" And the end of his words there are, "Behold, how is this? [It is] to include the fourteenth day for destruction [of chamets]." Behold, it is clear that there is no prohibition about it after midday - according to the [legal conclusion] - except for the Torah commandment of disposing [of it]. Behold, according to the opinion of [Ramban], may his memory be blessed, this negative commandment of "You shall not eat," is not included in the tally of the commandments. Extend your ear, my son, and listen to the words of the sages - 'these and those are the words of the living God.' And know that that there are seventy faces to Torah, and [that] they are all correct.

To not leave over from the festive (chagigah) sacrifice to the third day: To not leave over anything from the festive sacrifice of the fourteenth day until the third day - and that is the sacrifice that comes with the Pesach [sacrifice] to increase the joy - but rather to eat it all within two days, which are are the fourteenth and fifteenth. And about this is it stated (Deuteronomy 16:4), "and none of the meat of what you slaughter on the evening of the first day shall be left to the morning." And the received (traditional) understanding came upon this (Pesachim 71a) that the verse is speaking about the festive [sacrifice] that comes with the Pesach, [to say] that the time of its eating is up to two days. And about this festive [sacrifice], Scripture stated (Deuteronomy 16:2), "And you shall slaughter the Pesach to the Lord, your God, flock and cattle" - meaning to say, that with the Pesach, he bring another sacrifice; meaning to increase the joy.

To not leave over from the festive (chagigah) sacrifice to the third day: To not leave over anything from the festive sacrifice of the fourteenth day until the third day - and that is the sacrifice that comes with the Pesach [sacrifice] to increase the joy - but rather to eat it all within two days, which are are the fourteenth and fifteenth. And about this is it stated (Deuteronomy 16:4), "and none of the meat of what you slaughter on the evening of the first day shall be left to the morning." And the received (traditional) understanding came upon this (Pesachim 71a) that the verse is speaking about the festive [sacrifice] that comes with the Pesach, [to say] that the time of its eating is up to two days. And about this festive [sacrifice], Scripture stated (Deuteronomy 16:2), "And you shall slaughter the Pesach to the Lord, your God, flock and cattle" - meaning to say, that with the Pesach, he bring another sacrifice; meaning to increase the joy.

To not sacrifice the Pesach sacrifice on the bamah (altar) of an individual: That we were prevented from sacrificing the Pesach lamb on the bamah of an individual, and even during the time that [a bamah was] permissible. And the matter of the bamah is that before the building of the Choice House, each and every individual from Israel who wanted to offer a sacrifice would build an edifice in any place he wanted and offer his sacrifices there to God, may He be blessed. And even at that time when it was permitted for them to do so, [that was] specifically with the other sacrifices. But we always only offer the Pesach sacrifice on the community altar, and that is the place where there was the tabernacle there. And about this is it stated (Deuteronomy 16:5), "You may not slaughter the Pesach in one of your gates." And likewise they, may their memory be blessed, said at the end of the first chapter of Megillah 9b, "There is no difference between a large (communal) bamah and a small (private) bamah besides Pesach sacrifices."

The commandment to rejoice on the festivals: To rejoice on the festivals, as it is stated (Deuteronomy 16:14), "And you shall rejoice on your holiday." And the first matter that is hinted in joy is that we offer peace-offerings regardless at the Choice House. And [this] is like the matter that is written (Deuteronomy 27:7), "And you shall offer peace-offerings" and it continues, "and you shall rejoice on your holiday." And [concerning] the offering of peace-offerings, they, may their memory be blessed, said (Chagigah 6b), "Women are obligated in joy" - meaning that even they are obligated to bring peace-offerings of joy. And they, may their memory be blessed, also said (Chagigah 8a), "Rejoice in all types of rejoicing." And included in this is the eating of meat and the drinking of wine, to wear new clothes, the distribution of fruit and types of sweets to the youths and the women and to play musical instruments in the Temple alone - and that is the joy of the drawing house (simchat beit hashoeva) that is mentioned in the Gemara (Sukkah 50a). All that we mentioned is included in "And you shall rejoice on your holiday." And they, may their memory be blessed, said in Tractate Pesachim 109a, "A man is obligated to gladden his children and the members of his household on a festival." And it is said there, "It was taught, Rabbi Yehuda ben Beteira says, 'At the time when the Temple is standing, joy is only with meat, as it is stated (Deuteronomy 27:7), "And you shall offer peace-offerings, etc." Now [...] joy is only with wine, as it is stated (Psalms 104:15), "And wine gladdens the heart of man."'" And they said further, "With what should one make them rejoice? Men with what is fit for them, with wine. And women with what is fit for them, with nice clothes." And the Torah also warned us to include the poor and the strangers (converts) and the weak in the joy, as it is stated (Deuteronomy 16:14), "you, the Levite, the stranger, the orphan and the widow."

To appear on the festivals in the Choice House: That we were commanded to have all males appear in Jerusalem at the Choice House three set times a year - and they are Pesach, Shavout and Sukkot. And about this is it stated (Deuteronomy 16:16), "Three times a year all your males shall appear before the Lord, your God." And the content of the commandment is that every man go up to the Temple and appear there with any male child that he has who is able to walk by himself on his [own] feet. And from this obligation of appearing is also that he sacrifice a fire-offering there. And this sacrifice is called the fire-offering of being seen (olat reiah). And there is no measure for this sacrifice - even a dove or a fledgling exempts [one]. And I have already written in Mishpatim on the commandment to celebrate on the festivals (Sefer HaChinukh 88), that which they, may their memory be blessed, said (Chagigah 10b) [that] three commandments was Israel commanded on the holiday: celebration, being seen and joy. And they would bring a sacrifice for each one of these three commandments and they are called the festive sacrifice, the peace-offerings of joy and the fire-offering of being seen.

To not go up for the festival without a sacrifice: To not go up to the Choice House on the festival without a sacrifice that we will offer there - and that is the sacrifice that we explained above in this Order (Sefer HaChinukh 489), that is called the fire-offering of being seen. And about this is it stated (Deuteronomy 16:16), "and they shall not appear empty with the face of the Lord." The understanding of "face (pnei)" is like "in front of (lifnei)." And there I wrote from the roots of the commandment and all of its content. And this warning (negative commandment) is not practiced by females, [just] like the positive commandment that comes upon this is not practiced by females.

To appoint judges and officers: To appoint (see Sefer HaMitzvot LaRambam, Mitzvot Ase 176) judges and officers that coerce [others] to do the commandments of the Torah, bring those that are veering from the path of the truth back to it against their will, order that which is fitting to do, prevent disgusting things and enforce the fences against the transgressor - so that the commandments and the preventions of the Torah not require the belief (acceptance) of each and every person. And it is from the conditions of this commandment that these judges should be one level above the other. That is that we set up twenty-three judges in each and every city that is fit for this number, all gathered together in one place from the gates of the city - and that is called a small sanhedrin. And in Jerusalem, we set up a large court of seventy judges, and we stand up one [judge] over these seventy and he is called the head of the academy - and he is the one that the Sages also called, nassi - and they would all be gathered in their place that is designated for them. And in a place that is small of number, such that it is not fit for a small sanhedrin, they should stand up three [that] should judge the small thing and they bring the difficult thing to the [court] that is above them. And likewise do they appoint supervisors among the people that circulate in the city, the markets and the streets [and] observe the matters of people in commercial buying and selling - so that there not be wrongdoing, even with a small thing. And the commandment that comes about this is that which He, may He blessed, stated (Deuteronomy 16:18), "Judges and officers shall you place for yourself in all of your gates." And the language of Sifrei Devarim 144 (and see Sanhedrin 16b), "From where [do we know] that we appoint a court for all of Israel? [Hence] we learn to say, 'Judges and officers.' And from where [do we know] that we appoint one [judge] on top of them all? [Hence] we learn to say, 'shall you place for yourself.' And from where [do we know] that we appoint a court for each and every tribe? [Hence] we learn to say, 'in all of your gates.' Rabban Shimon ben Gamliel said, '"For your tribes and they shall judge" - [that] is a commandment on each and every tribe to judge its tribe; "and they shall judge the people" - against their will.'" And this commandment to appoint seventy elders has already been repeated, and that is His, may He be blessed, stating to Moshe, peace be upon him, "Gather for Me seventy men" (Numbers 11:16). And they, may their memory be blessed, said (Sifrei Bamidbar 92), "Every place that it is stated, 'for Me,' behold it is an observance forever; and so [is it], 'And they shall be priests for Me, etc.' (Exodus 28:41)" - meaning to say, that it is a permanent commandment and not just temporary, but rather all of the days of the earth.

To not plant any tree-idols: To not plant any trees in the Temple or next to the altar. And about this is it stated (Deuteronomy 17:21), "You shall not plant for yourself a tree-god, any tree next to the altar of the Lord, your God, etc." Rambam, may his memory be blessed, wrote about the reason for this prohibition (Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 13) [that it is] since the worshippers of idolatry would do like this in their houses of idolatry to plant beautiful trees there. And [so] to distance anything that is similar to them from the thoughts of people that come to the worship of God, blessed be He, in the chosen place, we were prevented from planting any tree there. And from the angle of the simple understanding, [this explanation] is likely.

To not erect a matsevah: To not erect a matsevah in any place. And about this is it stated (Deuteronomy 16:22), "And you shall not erect for yourself a matsevah that the Lord, your God, hates." And Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Foreign Worship and Customs of the Nations 6:6) that the content of the matsevah that the Torah forbade is a tall structure of stones or of dirt; as it was the custom of the worshippers of idolatry to build [it] and to gather around it for their evil service. And therefore Scripture distanced us that we should not do like it - and even to worship God, Blessed be He, upon it - in order to distance and bring to forget all of the matter of idolatry from between our eyes and from our thoughts. [It is] like the reason that we wrote adjacently about the planting of a tree in the Temple, according to Rambam, may his memory be blessed. And the building of the [central] altar is not included in this prohibition; as it is stated explicitly about it (Deuteronomy 27:6), "Whole stones shall you build the altar, etc." Rather, [it is] that we not do so in other places.