English translation — בא ב

1.

Regarding the testimony of the new moon there is a dispute<sup>1</sup>

between R' Shimon and the Rabbis: R' Shimon holds that "father and son and all relatives are fit for testimony of the new moon" — because it says in the verse<sup>2</sup>

"And Hashem said to Moshe and to Aharon ..

this month is for you",

which means<sup>3</sup>

: this testimony shall be valid among you — Moshe and Aharon

(brothers).

The Rabbis hold that relatives are invalid for testimony of the new moon

(and the verse means<sup>3</sup>

that "this testimony shall be entrusted to you" — that a court receives the testimony and sanctifies the month).

Explains the Rebbe Maharash

the reason of R"Sh

(that the testimony of the new moon is different from all testimonies

: Because even without the testimony the court knows by calculation when it is Rosh Chodesh — and in the manner that it is by us that "now that we do not sanctify by sight ..

we rely on the calculation" — it turns out,

that the testimony is not a thing that "without it they would not know at all",

therefore also relatives are fit for this testimony

One must understand: The disqualification of relatives is not from a concern that they might lie,

but "a decree of the King is it"

— what is different by this that the court knows by calculation the truth of their testimony?

And one can say the explanation in this:

Testimony is not

a clarification

(according to intellect),

rather it is a <b>law </b>and doing

(finalization)

of a matter

(and a decree of the verse⁸)

— "By the mouth of two witnesses ..

shall a matter be established"⁹,

and as the Rambam¹⁰

explains,

that "we are commanded to decide the law according to two valid witnesses even though it is possible that they testified falsely etc.";

And the same thing is in the second extreme: that relatives are invalid for testimony is,

as above,

even when there is no suspicion that they will lie — because the force of testimony is not

(only)

(only)

from the clarification

(intellectual)

that one has through them,

rather this is a force of Torah law,

which the Torah did not give to relatives.

Since however that for the sake of fixing the month the force of testimony is not necessary,

the clarification according to the calculation is sufficient — for which as above "now that we do not sanctify based on sight ..

we rely on the calculation" — therefore,

also regarding

<b>Testimony</b> of the month is required

(according to the opinion of R. Sh.)

only the <b>clarification</b> through the testimony.

And consequently,

in a case where there is no concern of perhaps he will lie — as in our case where "they are not involved in the matter"¹¹

— relatives are also fit for testimony.

B.

According to this explanation, another question that one can ask according to the opinion of R. Sh. will also be answered:

The law is,

that "converts ..

they have no kinship even two brothers ..

who converted testify for each other that a convert who converted is like a newborn child"¹².

is,

if it is possible to say¹³

that at the Exodus from Egypt¹⁴

Jews had the status of converts¹⁵,

it is not understood: what is the proof from

that "this testimony shall be valid among you" — Moses and Aaron,

who had the status of converts¹⁶

— to after the giving of the Torah relatives?

According to the above, but one can say: That which "converts ..

they have no familial relationship ..

testify for each other",

is because the disqualification of familial relationship is a law and a decree of the verse

(and not because of the closeness of mind that exists between them),

and since converts have no <b>law</b> of familial relationship, they are not included in this disqualification.

However, when it is about a testimony that is

(only)

a clarification

(based on intellect),

the flaw of relatives in <b>this</b> type of testimony is because of the closeness of mind that exists among relatives.

And since the closeness of mind between brothers

It is also by brothers who converted

(apparently in the tangible¹⁷),

one can learn from this that Moses and Aaron are fit for this testimony regarding those after the giving of the Torah who are relatives¹⁸.

3.

The halacha, however, remains like the opinion of the Rabbis,

that relatives are disqualified for testimony of the new moon¹⁹.

And from this it is understood,

that also by sanctification of the new moon one must have the <b>law of </b>testimony.

And we must explain their reasoning:

From the very thing that the Torah commanded that it must be

(witnesses)

proof — "Thus see and sanctify"²⁰

— At first glance: since the court must in any case calculate the time of the molad based on the calculation&lt;sup&gt;21&lt;/sup&gt;,

and moreover: one in any case relies

(also)

on that same calculation,

even at a time when they sanctify based on sighting&lt;sup&gt;22&lt;/sup&gt;

(for when "they know by calculation that it is not seen and witnesses come and testify that it was seen ..

they do not rely on their words"&lt;sup&gt;23&lt;/sup&gt;)

— why must one come

(also)

to witnesses of sighting&lt;sup&gt;24&lt;/sup&gt;?

Thus it is compelled from this,

that the Torah wants to add upon the matter of calculation.

And therefore the Sages teach,

that the Torah wants to add,

that the fixing of Rosh Chodesh should be not only based on

(calculation,

which is)

clarification,

but it should also have the force of law of testimony,

that "on the testimony of two witnesses ..

a matter shall be established".

4.

Based on this, however, it is not smooth, on the contrary:

Since one sanctifies based on the testimony of two valid witnesses that "By the mouth of two witnesses ..

the matter shall be established",

then how is the matter of Rosh Chodesh different,

that one relies <b>not</b> on the testimony

(and investigations and cross-examinations)

alone,

but one makes a calculation,

and if the testimony does not match the calculation, "we do not rely on their words"?

And it can be explained, the explanation in this

(in the inwardness of the matters)

In each of the two matters — "witnesses" and "calculation" — there is an advantage that is not in the other; and the fixing of Rosh Chodesh,

being a general and fundamental matter for the Torah and its commandments,

must have both advantages

(as follows)

— and therefore "we rely only on <b>both of them together</b>, the witnesses and the calculation"²⁵.

5.

This will be understood by prefacing the well-known maamar²⁶

on the verse “This month is for you”: “The Torah did not need to begin except from ‘This month is for you,’”

and as Rashi²⁷

explains “that it is the first commandment with which Israel was commanded.”

It is seemingly not understood²⁸

: Why is “This month is for you” the “first commandment with which Israel was commanded”?²⁹

— Seemingly the first commandment should have been “I am the Lord your God” — acceptance of the yoke of the kingdom of heaven,³⁰

which is the beginning and foundation of the fulfillment of all the commandments?³¹

is the explanation of this:

"I am the L-rd your G-d" is the beginning and foundation of all the commandments regarding the <b>fulfillment</b> of the commandments

(in practice)

— in order that the person should fulfill commandments

(properly),

must there first be in him acceptance of the yoke of the kingdom of heaven;

"This month is for you" — is the <b>purpose and goal</b> of Torah and mitzvos

(and therefore it was explained and said <b>as an introduction</b> to all mitzvos,

as the first mitzvah³²)

The intention of Torah and mitzvos is,

that Jews should bring about a "novelty" in creation.

And as is known the explanation

(the inner³³

of)

the statement of our Sages³⁴

"Greater are the deeds of the righteous than the deeds of heaven and earth" — because the deeds of heaven and earth are creation ex nihilo,

but the deeds of the righteous are that they bring about the nullification of the something into the nothing

in the manner of our sages, may their memory be blessed&lt;sup&gt;35&lt;/sup&gt;

that "Great was

the latter miracle more than the first" because "From heaven&lt;sup&gt;36&lt;/sup&gt;

they give, they give; they take, they do not take" — the miracle of turning a thing into "nothing"

("they take")

is greater than the miracle of "they give, they give",

that it should &lt;b&gt;become &lt;/b&gt;a thing from nothing to something].

And this is the hint in "this month is for you":

"Month" is from the term <b>renewal</b>³⁷,

and the power of "renewal" was given over to Jews — "for you"³⁸,

that through Torah and mitzvos they make the world a "dwelling for Him, blessed be He".

6.

With this one will also understand the midrash on the verse³⁹

"Better are two than one" in connection with Parshat HaChodesh,

and this is the language of the midrash⁴⁰

: "Better is a passage that was said by two than a passage that was said by one,

in two that it says 'And God said to Moses and to Aaron in the land of Egypt saying: This month is for you etc.'" — is not simple:

There are several passages in the Torah regarding which the saying of the Holy One, blessed be He, was "to Moses and to Aaron"⁴¹

— why then does the midrash specifically bring <b>this</b> passage

(of "HaChodesh etc.")⁴²?

But the explanation in this⁴³

: “the month” — from the term renewal — explains the general purpose of the entire Torah and its commandments

(as above)

; and since the “renewal” of Torah and commandments is in two general points,

one of which is connected with the matter of Moses,

and one — with Aaron

(as follows)

— is in <b>this </b>section emphasized the connection to both,

and therefore the Midrash says specifically on this section “the two are better than the one”.

7.

It has already been spoken several times in the explanation of the language⁴⁴

“a dwelling for Him

(may He be blessed)

in the lower realms" — that this includes two general points:

a)

From the side of the "lower ones" — that one must make them worthy that they should be a dwelling place for Him, blessed be He.

b)

From the side of Above — "a dwelling place for Him, blessed be He" means that <b>His Essence</b>, blessed be He, stands in revelation down here below

(like a person,

to distinguish,

is found in his dwelling place with all his essence)⁴⁵.

And both matters are a matter of &lt;b&gt;novelty&lt;/b&gt;&lt;sup&gt;46&lt;/sup&gt;.

Because in order that “lower ones” should become worthy to be a dwelling for Him, may He be blessed,

there must be the nullification of existence into nothingness; and the drawing down of the essence below is a matter of novelty,

for the coming into being from nothing to something is only from an illumination — “&lt;b&gt;By the word &lt;/b&gt;of the Lord the heavens were made”&lt;sup&gt;47&lt;/sup&gt;,

and specifically through the service of

nullification of existence into nothingness, a novelty is brought about — the drawing down of the essence below.

And this is also the reason why the Midrash says specifically on the portion "Better are two than one" — because in the portion,

where the purpose of the entire Torah and mitzvos is revealed,

both points are emphasized: both Moshe — "the groomsman of the King",

who brings about the drawing down of Divinity from above to below,

he gives the power for the "innovation" of drawing down the Essence down here; and Aharon — "the groomsman of the Matronita",

an elevation from below to above — that he gives the power to elevate the lower things.

Ch.

Just as "This month is for you" reveals the purpose of Torah and mitzvos regarding their effect in the world — so does it reveal the effect of Torah and mitzvos in Jews.

Jews are compared to the moon — the smaller luminary&lt;sup&gt;50&lt;/sup&gt;,

as it is written&lt;sup&gt;51&lt;/sup&gt;

Who will rise up for Jacob, for he is small.

And the renewal of the moon and its growth indicates the renewal and elevation of the Jews

(through Torah and mitzvos)

from smallness to greatness.

The elevation of the Jews is divided into two types:

a)

the service from the side of the inner powers of the person,

which in general is this the

service that is according to reason and understanding.

the advantage of this service is the matter of inwardness,

it takes through the existence of the person — his intellect and middos etc. serve the Above.

b)

The avodah from the side of the encompassing powers of the soul and from the side of the essence of the soul — which expresses itself in the <b>bitul</b> to the Supreme Will,

above reason and intellect.

And this is also the reason

(the inner)

that Rosh Chodesh is determined through both matters together — both witnesses and calculation — the connection of both virtues together⁵²

There is the concept of <b>seeing</b>

(which is higher than understanding and comprehension),

through <b>testimony</b>

(which inject a force of Torah from the aspect of the decree of the verse,

as above)

— the self-nullification that is above reason and intellect,

And there is and it "agrees" with the "calculation",

which is according to reason and intellect — the self-nullification that is above reason and intellect becomes drawn into an inwardness.

Parshas HaChodesh 5717,

Shabbos Parshas Va'eira 5715)