Talmud - Sanhedrin 10b סנהדרין י׳ ב׳

Let the court strike him with twenty-one lashes, and if he dies with this last one, let him die. According to the medical evaluation, he will still be alive after the twentieth lash. There would be no concern of flogging a dead man, as when the court strikes him with the twenty-first lash, it is upon the back of a living man that the court is striking. If so, why should he not receive the last blow? Rav Ashi said to him: The verse states: “Then your brother will be dishonored before your eyes.” The verse means: Even after he is hit, I need him to remain your brother; and if he dies, he is no longer your brother.

§ The mishna teaches: The intercalation of the month is performed by a panel of three judges. The Gemara extrapolates: The tanna does not teach: The calculation to determine if the month must be extended is performed by three judges, and he does not teach: The sanctification of the new month is performed by three judges; rather, he teaches: The intercalation of the month, referring to the decision to extend the month by an extra day and begin the following month on the thirty-first day instead of the thirtieth, is performed by a panel of three judges. The Gemara asks: Why are judges necessary to extend the month? Simply do not sanctify the new month, and let the previous month be intercalated by itself. When the thirtieth day of any month is not declared the first day of the new month, the earlier month is extended by default. Why, then, does the mishna specify: Intercalation?

Abaye said: Emend the text of the mishna and teach: The sanctification of the new month is performed by three judges. This is also taught in a baraita (Tosefta 2:1): The sanctification of the new month and the intercalation of the year is performed by three judges; this is the statement of Rabbi Meir. Rava said in objection to Abaye’s explanation: But the mishna teaches: Intercalation, not sanctification. Rather, Rava said: Explain the mishna this way: If there will be sanctification of the new month on the thirtieth day of the first month, which is the day that would otherwise be the intercalation, this is done by three judges. But after the day of the intercalation, i.e., if the month is sanctified on the thirty-first day, there is no active sanctification necessary.

And in accordance with whose opinion is this? It is in accordance with the opinion of Rabbi Elazar ben Tzadok, as it is taught in a mishna (Rosh HaShana 24a): Rabbi Elazar ben Tzadok says: If the new moon was not seen at its anticipated time, the court does not formally sanctify the New Moon on the following day, as the celestial court in Heaven has already sanctified it, precluding the need for the additional sanctification by the earthly court.

Taking the opposite opinion, Rav Naḥman says: In the instance of sanctification of the new moon after the intercalation of the month through the addition of a thirtieth day to the previous month, the sanctification is performed by three judges. But if the New Moon is declared on the day of the intercalation, so that the previous month is left with only twenty-nine days, there is no active sanctification. This is the standard time for the New Moon, and no intervention is necessary. And in accordance with whose opinion is this? It is in accordance with the opinion of Peleimu, as it is taught in a baraita: Peleimu says: If the new moon was reported at its anticipated time, the court does not sanctify the New Moon. But if the new moon was reported not at its anticipated time, the court sanctifies the New Moon.

Rav Ashi said: Actually, the mishna teaches that three judges are necessary for the calculation to determine when the New Moon should be declared. And what is the term: Intercalation, that is mentioned in the mishna? It is the calculation of the intercalation. And although the wording of the mishna is imprecise, it is written this way for a reason: Since the mishna needed to teach the number of judges necessary for the intercalation of the year, the mishna also taught: The intercalation of the month, so as to describe the similar processes of adding to the year and adding to the month with the same verb.

The Gemara notes: With regard to the calculation of the month, yes, this requires three judges. But with regard to the sanctification of month, this does not require three judges. In accordance with whose opinion is this? It is in accordance with the opinion of Rabbi Eliezer. As it is taught in a baraita: Rabbi Eliezer says: Whether it was reported in its anticipated time or whether it was reported not in its anticipated time, we do not sanctify the New Moon formally, as it is stated: “And you shall sanctify the fiftieth year” (Leviticus 25:10), which teaches: You must formally sanctify years, but you do not formally sanctify months, as they are sanctified automatically. In any case, calculation, when necessary, is performed by three judges.

§ The mishna teaches: Rabban Shimon ben Gamliel says that intercalation is performed in stages: The deliberations begin with three judges, they debate the matter with five judges, and they conclude the matter with seven judges. The Gemara elaborates: It is taught in a baraita (Tosefta 2:1): How does Rabban Shimon ben Gamliel say the intercalation is to be conducted? The court begins the deliberation with three judges, and they debate the matter with five, and they conclude with seven. At first, three judges convene for a preliminary discussion with regard to the necessity of adding a month to the year. If one says it is necessary to sit and deliberate the question of intercalation and two say that there is not a need to sit and continue, the single opinion in favor of intercalation is negated in its minority, i.e., it is the minority opinion, and the process ends.

The baraita continues: If two say to sit and one says not to sit, the majority decision causes the process to move to the next stage, and the court then adds another two judges to them and all five debate the matter. If two say: The year needs the extra month, and three say: It does not need it, the opinions of the two are negated in their minority. If three say: The year needs it, and two say: It does not need it, the court adds to them another two judges, as the quorum for declaring an intercalation may not be fewer than seven.

The Gemara asks: Corresponding to what was it determined that the intercalation procedure should incorporate these numbers of three, five, and seven judges? Rabbi Yitzḥak bar Naḥmani and one other Sage who was with him disagree about this. And who is that other scholar? Rabbi Shimon ben Pazi. And some say that this was a matter of dispute between Rabbi Shimon ben Pazi and one other scholar who was with him. And who is that other scholar? Rabbi Yitzḥak bar Naḥmani. One said: These numbers correspond to the number of Hebrew words in each of the three verses of the priestly benediction (see Numbers 6:24–26). And one said: Three corresponds to the three guards of the door (see II Kings 25:18), five corresponds to five of the officers who saw the king’s face (see II Kings 25:19), and seven corresponds to seven officers who saw the king’s face (see Jeremiah 52:25). Since these numbers represent appointments of distinction, the Rabbis saw fit to employ them in the composition of the court as well.

Similarly, Rav Yosef taught a baraita: These numbers: Three, five, and seven members of the court for intercalation, are adopted from different numbers of the king’s servants. Three corresponds to: Guards of the door; five corresponds to: Of those officers who saw the king’s face, mentioned in the book of II Kings; and seven corresponds to: Officers who saw the king’s face, mentioned in the book of Jeremiah. When Rav Yosef taught this, Abaye said to Rav Yosef: What is the reason that until now the Master did not explain the matter to us this way, although you have taught this material before? Rav Yosef said to Abaye and the others with him: I did not know that you needed this information, as I thought that you were already familiar with the baraita. Have you ever asked me something and I did not tell you?

§ The Gemara presents a mnemonic device for several other sources cited with regard to the intercalation of the year: Zeman, Nasi, tzarikh, gedi. The Sages taught in a baraita: The year may be intercalated only

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Sanhedrin 10b explores the halakhic limit on lashes to avoid killing the offender, then discusses which court panel handles month intercalation and new moon sanctification.