When Rabbis Debate the Talmud

One of the stimulating things about reading Daf Yomi is that you never know when a technical legal discussion will suddenly blossom into a profound examination of a spiritual question. That’s what happened this week in Chapter 3 of Tractate Rosh Hashanah, a short chapter largely devoted to the shofar that is blown on the holiday. Beginning with a discussion of what kind of animal horn can be used to make a shofar, the rabbis end up asking a question that goes to the heart of Judaism: Does God want us simply to carry out the mitzvot, or is the whole point of mitzvot that we obey them as a conscious religious act? Is it the practice of the law that counts or the intention behind it?

Chapter 3 begins by sweeping up some leftover details concerning the sighting of the new moon, which was discussed in last week’s reading. As we saw, the new month could not be proclaimed until a special court heard testimony from witnesses that a waxing crescent moon had appeared in the sky. But what happens, the Mishna asks on Rosh Hashana 25b, if the judges of the court themselves see the moon? Do they still have to hear witnesses? It turns out the rule is that a judge cannot also be a witness, so if two judges see evidence of the new moon, they must recuse themselves from the court and appoint new judges in their place. Only then can they give testimony.