Who Decides: the Moon or the Court

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From the sanctification of the new month to the building of the Mishkan the responsibility given to the Jewish people to determine time, sanctify space and bring the Divine Presence into the world.

This week the media reported a dispute regarding the beginning of Ramadan. In Saudi Arabia it was announced that it would begin on Wednesday after a certain individual claimed that he had seen the moon through a microscope. In contrast other countries argued that scientifically this was impossible because according to all astronomical calculations there was absolutely no possibility that the moon could have been visible. It was in conjunction with the sun almost directly opposite it and the illuminated portion was not facing the Earth at all. Therefore in countries such as Morocco, Egypt and others it was determined that Ramadan would begin on Thursday.

Akiva You Have Comforted Me

This reminded me (Lehavdil) of a famous Talmudic dispute that I would like to share with you. The Gemara in Tractate Rosh Hashanah relates that the Sages would proclaim the date of the new month based on testimony from witnesses who testified that they had seen the new moon.

On one occasion two witnesses came and said, “We saw the new moon,” but on the following day it was not seen. Rabban Gamliel, who was the head of the Sanhedrin, accepted their testimony and sanctified the month of Tishrei.

Rabbi Dosa ben Harkinas objected and said, “They are false witnesses. How can they testify about a woman who gave birth and the next day her belly is between her teeth.” Meaning it is not logical that they saw the new moon and the next day the moon was not visible. “It is impossible to accept such testimony and therefore the beginning of the month of Tishrei should be postponed by one day.”

Rabbi Yehoshua said to him, “Your words are valid,” meaning that he supported his argument.

Rabban Gamliel heard this and became concerned that if Rabbi Yehoshua who was the Av Beit Din and second in authority after Rabban Gamliel believed that Yom Kippur was one day later, large portions of the nation would fast on that day. There would Heaven forbid be two Yom Kippurs and he as Nasi of the Sanhedrin could not allow this.

Therefore he sent a message to Rabbi Yehoshua, “I decree upon you that you must come to me with your staff and your money on the day that is Yom Kippur according to your calculation.” In this way he would demonstrate that he was treating that day as a weekday.

Rabbi Akiva went and found Rabbi Yehoshua distressed. He asked him, “Why are you upset?” Rabbi Yehoshua answered that it would be preferable for him to lie ill in bed for twelve months rather than be forced to desecrate Yom Kippur.

Rabbi Akiva said to him, “Permit me to tell you something that you yourself taught me.” He said to him, “Speak”.

Rabbi Akiva said to him, “The verse states; These festivals of G-d are holy celebrations which you should fix in their appropriate times.” The word you appears in this context three times in the Torah and from this we learn

You even if you err unintentionally
You even if you act intentionally
You even if you were misled

Meaning even if the month was established at the wrong time by mistake, even deliberately or even if the court was misled by false witnesses, nevertheless once you have established the month, it is sanctified and G-d agrees with your determination.

Rabbi Akiva said to him, “Do not fear to go. Even though your calculation is more accurate, the sanctification by Rabban Gamliel is valid and Yom Kippur is determined according to his ruling. Whether you proclaim them at their proper time or not, these alone are the appointed times of G-d.

Rabbi Yehoshua answered him, “Akiva, you have comforted me, you have comforted me.”

Rabbi Yehoshua also went to Rabbi Dosa ben Harkinas who had originally challenged Rabban Gamliel’s ruling.  He said to him, “If we begin to question the court of Rabban Gamliel and doubt his decision, then we must question every court that has existed from the days of Moses until now.”

Rabbi Yehoshua continued, “The Torah states seventy elders of Israel. Why were the names of the elders not specified. To teach that every court of three that stood over Israel is considered like the court of Moses himself and one may not challenge them.”

Rabbi Yehoshua took his staff and his money in his hand and went to Yavneh to Rabban Gamliel on the day that was Yom Kippur according to his own calculation.

Rabban Gamliel stood up and kissed him on his head. He said to him, “Come in peace, my teacher and my studen. My teacher in wisdom and my student in that you accepted my words.”

When G-d gave the Torah to the Jewish people at Mount Sinai He also granted them the authority to determine halachah. Whatever the court below decides, is accepted Above as well.

In the Midrash it is described that on Rosh Hashanah the ministering angels gather before G-d and ask when is Rosh Hashanah. And He answers them, Why are you asking Me?  You and I will ask the earthly court.”

As brought in the Gemara, the heavenly court does not judge humanity on Rosh Hashanah until the earthly court has established the date of Rosh Chodesh Tishrei. G-d and His court wait for the ruling of the Sanhedrin in Jerusalem regarding the determination of the month.

Why a Mishkan

Just as we were given authority over time we were also given authority over space.

This week in Parshat Terumah we learn about the construction of the Mishkan. G d commands Moses to tell the Jewish people, “And they shall make for Me a sanctuary and I will dwell among them.”

A simple question arises: Why does G- d need a Mishkan in this world. After all, the entire earth is filled with His glory. One of the fundamental principles of faith is that at every place and at every time a person can encounter the Creator since there is no place devoid of Divine presence. In the language of the Zohar there is no place empty of Him. The entire world is filled with Divine Presence and G-dliness. If so, why is a physically defined place necessary?

Rather the explanation is that the Mishkan is the place where the Divine Presence rested in a revealed way; the declared dwelling place of G d.

To understand this we can compare it to a person’s home. When a friend meets us in a shopping center he might ask, “What are you doing here?”  When he sees us in a restaurant he may be surprised you are there, and ask, “Since when do you eat here?”

But when he meets us in our home, he does not ask anything. It is obvious that this is our natural place. This is our residence.

So too regarding Divine presence. When we encounter G-d in daily reality, at work, in society and at various events, it awakens wonder within us and strengthens our faith. But these are situations where the Divine Presence is not fully revealed rather as if outside its home in a state of concealment.

In contrast encountering G- d in His home, in a place that was designated and sanctified for that purpose fills a person in a completely different way. There the presence is not surprising but natural and revealed.

In the Mishkan, the Divine Presence was revealed. The eternal lamp burned miraculously and the fire upon the altar never went out. The sense of G- d presence instilled confidence that there is a point of truth and that there is One to rely upon.

At the giving of the Torah and with the command to build the Mishkan G d gave the Jewish people something revolutionary. He made us partners. Partners in time and partners in space.

From the story of sanctifying the new month we learn that G d entrusted the Jewish people with the power to determine sacred time. 

From the command to build the Mishkan we learn the parallel idea about space. G d fills the entire world yet He asked us to create a place where His presence would be revealed. Human beings declare where holiness enters the physical world.

The message of the Rebbe is that a Jew does not wait for instructions. Every person knows what is expected of him. We must take initiative and build the Mishkan here below in the world to bring G-d into another Jewish home.

You are a partner. Take initiative.

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