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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Sanhedrin 11



(a) Raban Gamliel (ha'Zaken - see Rashash) asked for one of the eight judges that he found in his attic, to leave - because he had not been invited, and only judges who were specifically invited who were permitted to participate in Ibur Shanah.

(b) Shmuel ha'Katan got up to leave - pretending that he had only entered in the first place in order to learn the procedure of Ibur Shanah.

(c) Raban Gamliel responded - by telling him to sit down, since he was worthy of sanctifying all the leap-years, only as a matter of principle, only those who were invited were allowed to participate.

(d) Shmuel ha'Katan was not really the culprit at all - only he wanted to spare the true culprit from embarrassment.

(a) A similar incident occurred in connection with Rebbi - when someone entered the Beis-Hamedrash smelling of garlic.

(b) There, it was - Rebbi Chiya who volunteered to leave the room.

(c) When, on the following day, Rebbi Shimon b'Rebbi asked Rebbi Chiya whether he was really the one who had upset his father, he replied 'Chas ve'Shalom! Lo Tehei ke'Zos be'Yisrael!' (see Agados Maharsha).

(a) Rebbi Chiya learned this Midah from Rebbi Meir. When a woman came to Rebbi Meir's Beis-Hamedrash, claiming that one of the Rabbis had betrothed her with Bi'ah - Rebbi Meir promptly wrote her a Get.

(b) The ending that both this episode and the previous one have in common - is that in both cases, everyone present took their cue from Rebbi Chiya and Rebbi Meir respectively, and did likewise.

(c) He learned this - from Shmuel ha'Katan.

(d) Shmuel ha'Katan in turn, learned it from Shechanyah ben Yechiel, who said to Ezra - that they (including himself) had dealt falsely with Hashem, and had married gentile wives, even though he was not guilty of that sin.

(e) Some say that Shechanyah ben Yechiel learnt it from Yehoshua bin Nun, others, that he learnt it from Moshe. Hashem said to ...

1. ... Yehoshua (after having informed him that Yisrael had sinned [causing thirty-six people to fall at the battle of Ay], and Yehoshua had asked Him who) - that He could not reply to his question, because it was Lashon ha'Ra. He therefore preferred to say 'Yisrael sinned' (even though most of them had not).
2. ... Moshe, after some people had gone to gather Manna on Shabbos - "Until when will you (including Moshe) refuse to obey the Mitzvos?"
(a) After the last prophets died, the level of communication that Hashem employed to communicate with Yisrael was - that of Bas-Kol.

(b) The last prophets were - Chagai, Zecharyah and Malachi (members of the Anshei K'neses ha'Gedolah at the beginning of the second Beis-Hamikdash).

(c) When the Bas-Kol declared in the attic of Beis Guryah in Yericho that he was worthy of the Shechinah resting on him like Moshe Rabeinu (see Agados Maharsha), only the generation was not - it was referring to Hillel ha'Zakein.

(d) When he died, they eulogized him as - 'Hei Anav, Hei Chasid, Talmido shel Ezra'.

(a) A very similar set of experiences, which began in the attic in Yavneh, occurred with - Shmuel ha'Katan, whom they described as the disciple of Hillel.

(b) The latter prophesied that ...

1. ... Shimon (Raban Shimon ben Gamliel) and Yishmael (Rebbi Yishmael Kohen Gadol) - would die by the sword.
2. ... their colleagues - (such as Rebbi Akiva, whose skin was torn from his body with iron combs, and Rebbi Chananya ben T'radyon, who was burned to death) would be murdered (see Agados Maharsha, though his explanation does not conform with the cruel death suffered by Rebbi Yishmael).
3. ... the people of Yisrael - would be taken as spoil?
4. ... the rest of the world - would undergo much suffering.
(c) They meant to eulogize Rebbi Yehudah ben Bava in the same way as the eulogized Hillel and Shmuel ha'Katan. They did not do so - because he was one of the ten martyrs, and one does not eulogize a martyr (who needs to be buried quickly and clandestinely, to avoid reprisals).
(a) The Beraisa permits the Beis-Din to declare a leap year - only with the Nasi's consent.

(b) The Tana supports this from an episode with Raban Gamliel who happened to be in Syria - in order to discuss communal matters, when the Beis-Din decided to declare a leap year.

(c) The outcome of that episode was - that Beis-Din had indeed decided to fix a leap-year only on condition that Raban Gamliel consented, which he did upon his return. Consequently, that year automatically turned into a leap-year.

(a) The Beraisa lists four reasons for declaring a leap-year: because of 1. the roads; 2. the bridges; 3. the Pesach-ovens. The common factor that connects all three is - the fact that it is because of the delay caused by the rain spoiling them that the year is being extended.

(b) The fourth reason is - the fact that the Galuyos have already left for Eretz Yisrael, but have not yet arrived in Eretz Yisrael for Pesach.

(c) One cannot however, declare a leap-year because of snow or the cold - because of the feasibility of traveling under such conditions.

(d) The third reason the Tana adds to this list is - because the Galuyos have not even set out yet on the journey to Eretz Yisrael.

(a) Another Beraisa does not permit declaring a leap-year because the kid-goats and the lambs are still very young, or because the pigeons are as yet unable to fly. The significance of the tender age of ...
1. ... the kids and the lambs is - the fact that they are needed for the Korban Pesach, and when they are so small, they are more difficult to take to Yerushalayim (as well as practically being that much smaller).
2. ... the inability of the pigeons to fly is - the fact that grown-up pigeons are required by anyone who has to bring a bird-Korban, such as a woman who gave birth or a Zav (who would normally take advantage of the pilgrimage to Yerushalayim to fulfill their obligation).
(b) These reasons are not sufficient to warrant a leap-year - because it is possible to bring a Korban Pesach from the smallest kid or lamb, as long as it is more than seven days old; and as for the pigeon, one always has the option of bringing young doves, which are equally eligible to be brought as a Korban.

(c) Nevertheless, the Tana qualifies this ruling - by permitting any of those reasons as a back-up for one of the main reasons, which we will discuss shortly.

(a) We cite Rebbi Yanai in the name of Raban Shimon ben Gamliel in a Beraisa which elaborates on the previous point. Besides the fact that Pesach fell out of season - he used the fact that the birds were not yet able to fly, to declare a leap-year.

(b) In another Beraisa, the Tana Kama gives Adar Sheini as thirty days. Raban Shimon ben Gamliel says - 'a month', which means twenty-nine days.

(c) We reconcile this with his own opinion in the previous Beraisa, where he himself concludes that he and his Beis-Din once added thirty days - by interpreting the Tana Kama of the latter Beraisa to mean specifically thirty days, and Raban Shimon ben Gamliel, *even* twenty-nine days (should the Beis-Din so wish).




(a) If the Beraisa refers to Raban Gamliel (of Yavneh) as 'Tekifa'i Kadma'i' (the early tough one) because of his tough handling of Rebbi Yehoshua (in B'rachos and elsewhere), by 'Invesani Basra'i', he means - Raban Gamliel's son Raban Shimon ben Gamliel (whom we just quoted).

(b) He instructed Yochanan the Sofer to write (on a scroll) ...

1. ... to 'our brothers of the upper and the lower Galilee' - that the time for Biy'ur Ma'asros (getting rid of all the Ma'asros [Rishon, Sheini and Ani) of the olives (in the fourth year [see Rashash]) had arrived.
2. ... to our brothers in the south - that the time for Biy'ur Ma'asros of the corn (in the fourth year had arrived.
3. ... to our brothers in Galus - that the pigeons and lambs were young, and that although Pesach was imminent, spring had not yet arrived, so he and his colleagues had decided to add Adar Sheini consisting of thirty days.
(c) Raban Gamliel chose to inform the three groups of people that he did, specifically on olives, grapes and of the Ibur respectively - because olives grew in abundance in the north and corn in the south, whereas it was the people who live in Galus, far away from Yerushalayim, who needed to be informed that that year was a leap-year.
(a) The Tana commended Raban Gamliel - for adding the words 'I and my colleagues' (which is a sign of humility). Raban Shimon, his son, on the other hand (in spite of his tremendous humility, did not incorporate his colleagues in his decision. And that is what elicited the Tana's distinction between the tough father and the humble son?

(b) We modify the Tana's statement however - by suggesting that perhaps Raban Gamliel's statement was made after he had been deposed, and his toughness had dissipated.

(a) The Beraisa lists three things for which Beis-Din declare a leap-year : 1. 'al ha'Aviv; 2. ve'al Peiros ha'Ilan - 3. ve'al ha'Tekufah' (see Tosfos ha'Rosh).

(b) The meaning of ...

1. ... 'al ha'Aviv' is - that the corn has not yet ripened by the time Nisan arrives, and the Torah writes (in Parshas Bo, in connection with Pesach) "be'Chodesh ha'Aviv". The reason cannot be because then they will not be able to bring the Omer - because the Tana will say shortly that if the produce has not ripened in Eiver ha'Yarden and Galil, they declare a leap-year, even though it has ripened in Yehudah (in which case they *will* have produce with which to bring the Omer).
2. ... 'al Peiros ha'Ilan' - that the fruit has not ripened by the time Sivan arrives, and the Torah refers to Shevu'os as 'Chag ha'Bikurim' (implying that the fruit has ripened).
3. ... 'al ha'Tekufah' - that the Tamuz season (usually the 21st of June) or the Tishri season (usually the 21st of September) falls late, as will be explained later in the Sugya.
(c) Beis-Din will not declare a leap-year for any one of these reasons, only for at least two.

(d) If one of the reasons is 'Aviv', then everyone is happy - because if it was not, it would mean that they would have to wait an extra month before being able to eat Chadash (the new crops), even though it is ready to eat.

(a) It would also make everybody happy if Tekufah was one of the two reasons for the Ibur Shanah - because if it was not, then, in spite of the fact that Yom-Tov would be delayed by one month, the rain season would begin in its usual time, and the Olei Regalim would get caught in the rain as they made their way towards Yerushalayim.

(b) Alternatively, when Raban Shimon ben Gamliel argues with the Tana Kama and says 'Al ha'Tekufah', he might mean - that Beis-Din will fix a leap-year for 'Tekufah' alone, seeing as it is d'Oraysa (the other two reasons must then be an Asmachta).

(c) The ramifications of the division of Eretz Yisrael into three areas Yehudah, Eiver ha'Yarden ve'Galil - are - that Beis-Din will only declare a leap-year because of Aviv, if the crops in any two of the three areas have not yet ripened (but not on one alone).

(d) Lechatchilah, Ibur Shanah should only take place in Yehudah. Rebbi Yehudah B'rei de'Rebbi Shimon ben Pazi however, cites the Pasuk - "le'Shichno Sidreshu u'Va'asa Shamah", which teaches us that whenever one seeks Hashem, one should do it in the vicinity of the Shechinah (i.e. in Yerushalayim). And with that he explains why Rebbi Chananya Ish Ono holds even Bedieved, the year is not Me'ubar, if Beis-Din declare it Me'ubar in Galil?

(a) The Beraisa says - that Beis-Din cannot perform Ibur Shanah or Ibur Chodesh by night.

(b) Rebbi Aba learns this from the Pasuk "Tik'u ba'Chodesh Shofar, ba'Kesse le'Yom Chageinu ... ".

(c) He knows that the Pasuk is talking about Rosh Chodesh, and not one of the Shalosh Regalim (in spite of the fact that the Pasuk mentions the word "Chag") - because the words "ba'Chodsh ... ba'Kesse" imply that the Pasuk is referring to a Chag which falls on Rosh Chodesh, when the moon is hidden, and the only Chag that fits this description is Rosh Hashanah.

(d) He learn that Kidush ha'Chodesh must take place by day - because the Pasuk concludes "Mishpat l'Elokei Ya'akov", and 'Mishpat' can only take place in the day (as the Torah writes in Ki Seitzei "ve'Hayah be'Yom Hanchilo es Banav", and as we will explain in 'Echad Dinei Mamonos').

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