600 - תר ביצה שנולדה בראש השנה וסדר הקידוש ובו ז' סעיפים

Section 600 - An Egg Laid on Rosh Hashanah and the Order of Kiddush

1. Even the people of Eretz Yisroel observe two days of Rosh Hashanah.

This is because, regarding the other festivals, the reason they observe only one day is that we are proficient in the calculation of the months’ establishment, and we know the day that is fit to establish the month and to count the festivals from it.

And even those in the Diaspora do not observe two days except to maintain the custom of their ancestors, who observed two days at a time when the months were sanctified based on testimony, and the matter did not depend on calculation at all, but on the sighting of the new moon. The people in the Diaspora did not know which day the month had been established in Yerushalayim, so they would observe two days out of doubt.

But the people of Eretz Yisroel who lived near Yerushalayim would observe the festivals for only one day, because the Beis Din in Yerushalayim would send messengers to inform them of the day the month was established in Nissan (and Sivan) and Tishrei. In all the nearby places that the messengers could reach before Yom Tov, they would observe only one day.

Therefore, even their descendants now do not need to observe two days, since we are proficient in the calculation and know the day that is fit to establish the month and to count from it.

This reason applies only to the other festivals, except for Rosh Hashanah.

But on Rosh Hashanah, even the people of Eretz Yisroel must maintain the custom of their ancestors, who observed two days at the time when the months were sanctified by testimony, and the matter did not depend on knowledge of the calculation, but on the establishment of the Beis Din in Yerushalayim based on the sighting (by witnesses) of the new moon.

And even though the Beis Din would send messengers to inform everyone, nevertheless, on Rosh Hashanah, which is Yom Tov, the messengers could not go beyond the techum (Shabbos boundary).

2. And even in the Diaspora, Rosh Hashanah is different from the other festivals.

For the other festivals, even their ancestors did not observe two days except because of doubt, since they did not know the day the month was established in Eretz Yisroel.

And an egg laid on the first day is permitted on the second day, for if today is holy, tomorrow is weekday, and there is no prohibition of muktzeh or nolad. And if tomorrow is holy, today is weekday, and the egg was already prepared from before Yom Tov.

Therefore, even their descendants, who know the establishment of the month and know that the first day is the main Yom Tov, and the second day is also Yom Tov by rabbinic decree, nevertheless, the law of this egg is not like the law of an egg laid on two adjacent days of Yom Tov, such as Shabbos and Yom Tov, where if it is laid on one it is forbidden on the other, as explained in Siman 513.

For since they observe two days only because of the custom of their ancestors, there is no need to be stricter than their ancestors, for whom it was permitted for the reason explained.

3. But regarding the two days of Rosh Hashanah, it is not so; rather, they are considered as one long day, and they are one sanctity, even for the people of Eretz Yisroel.

And an egg laid on the first day, or something detached from what was attached on the first day, or something trapped on the first day, just as it is forbidden on that day because of muktzeh and nolad, so too it is forbidden on the second day, for they are like one long day.

Except regarding a corpse on the second day, as explained in Siman 526.

4. And why are they considered as one day, when we are proficient in the establishment of the month and know that the first day is the main one?

Because even the Beis Din themselves, who sanctified based on testimony, would sometimes observe two days.

How so?

At first, when the thirtieth day of Elul arrived, all of Yisroel and the Beis Din would observe the prohibition of work and the sanctity of the day from the evening, for perhaps witnesses would come the next day and say they saw the new moon that night, and that day would be Rosh Chodesh Tishrei, which is Rosh Hashanah, and it would turn out that the night was Yom Tov.

During the day, the Beis Din would sit and wait for the arrival of witnesses who saw the new moon, in case they would come. At any time during the day, until nightfall, if they came, they would sanctify the month that day, and Rosh Hashanah would be that day. From that day onward, they would count for Yom Kippur and Sukkos. The witnesses would usually come before the time of Mincha, which is the time of the afternoon Tamid offering.

Once, the witnesses were delayed and did not come until after Mincha, and the Tamid was already offered, and the Leviim erred in the song, and sang the weekday song, thinking that no more witnesses would come that day. When the witnesses did come, it turned out that the day was retroactively holy.

From that day onward, the sages decreed that the Beis Din would not accept witnesses after Mincha. If they came after Mincha, that day would be counted as the thirtieth of Elul, and Yom Kippur and Sukkos would be counted from the next day. The Beis Din has the authority to do this, as it is written, "These are the festivals of Hashem, which you shall proclaim them"—"them" is written without a vav, meaning "you," even if intentionally.

Nevertheless, even though the festivals are not counted from that day, and it is considered like a weekday, and Yom Tov would be the next day, they would not treat it lightly, but would complete it with its prohibitions and the sanctity of Yom Tov until nightfall by rabbinic decree, since by Torah law it was fit to be Yom Tov, except that the Beis Din was given permission to postpone it.

And the next day they would observe Yom Tov, which is Rosh Hashanah by Torah law. And these two days are one sanctity, like one long day, and both are called Yom Tov of Rosh Hashanah—the first day by rabbinic decree, and the second day by Torah law.

And the places outside the techum of Yerushalayim would need to observe two days of Rosh Hashanah every year, for perhaps witnesses would come after Mincha. Thus, both days are holy and considered as one day, for they have one sanctity, the sanctity of Rosh Hashanah.

An Egg Laid on Rosh Hashanah and the Order of Kiddush

1. After Yom Tov, when the messengers would go out, they would inform all the people of Eretz Yisroel of the day on which the month had been established, and everyone would count from that day for Yom Kippur and for Sukkos.

2. This was always the practice until the Sanhedrin was abolished and the sanctification of the month by testimony was discontinued, and they began to establish the months according to calculation.

3. Therefore, everyone counts from the first day of Rosh Hashanah for Yom Kippur and Sukkos, since according to the calculation, Elul is always deficient.

4. Nevertheless, they must maintain the custom of their ancestors, who, in the time when the month was sanctified by testimony, would observe two days of Yom Tov for Rosh Hashanah even in Eretz Yisroel, and would treat it as one long day, with a single sanctity for both days.

5. And an egg that was laid on one day is forbidden on the other, for the reason explained, that perhaps witnesses came after Minchah.

6. Therefore, even though this reason does not apply in the time when the months are set by calculation, and the first day is always the primary one and is the Torah Yom Tov, nevertheless, one should not treat the second day lightly or be lenient with it in ways that our ancestors were not lenient.

7. Although on every second day of Yom Tov in the Diaspora we recite "Shehecheyanu" in Kiddush, since it is observed due to the doubt that our ancestors had (when the months were sanctified by testimony), perhaps today is holy and yesterday was weekday, and therefore one was not exempted by yesterday's Shehecheyanu, on the second night of Rosh Hashanah there are those who say that "Shehecheyanu" is not recited.

8. Since the two days are one sanctity and are considered as one long day, one has already fulfilled the obligation with the Shehecheyanu of yesterday, which was the beginning of the sanctity of the day, so why should one repeat Shehecheyanu in the middle?

9. Similarly, on the second day regarding the shofar, one should not recite Shehecheyanu, since one has already fulfilled the obligation with the Shehecheyanu recited yesterday over the shofar.

10. However, there are those who say that one must recite Shehecheyanu both at Kiddush on the second night and over the shofar, because the fact that the two days are considered as one long day is only due to the custom of our ancestors, who, in the time when the month was sanctified by testimony, were concerned that perhaps witnesses would come after Minchah, and it would turn out that both days are one Yom Tov and have one sanctity.

11. And since our ancestors would recite Shehecheyanu on the second day even though they treated both days as one sanctity and as one day, for if witnesses came after Minchah, the main Torah Yom Tov would be the next day, and the first day would only be by rabbinic decree and considered like a weekday compared to the second day, therefore, we too should recite Shehecheyanu on the second night (even in Eretz Yisroel), just as we recite it on every second day of Yom Tov in the Diaspora, so as not to deviate from the custom of our ancestors.

12. The halachah follows the latter opinion. Nevertheless, it is best, at the outset, for a person to remove himself from doubt regarding the blessing, and wear a new garment, such that he needs to recite Shehecheyanu at the time of wearing it, as stated in Siman 223. Or he should take a new fruit and place it before him at Kiddush, and recite Shehecheyanu, having in mind also the garment or the fruit. And if he has new wine, he should not recite Kiddush over it in order to recite Shehecheyanu over it, for the preferred mitzvah is to recite Kiddush over old wine, as stated in Siman 272. Rather, he should recite Kiddush over the old wine, and place the new wine before him, and when he reaches Shehecheyanu, he should take the cup of new wine in his hand or look at it, recite Shehecheyanu, and drink the cup of old wine. And if he does not have a new garment or new fruit, nevertheless, he should recite Shehecheyanu, since the main halachah follows the latter opinion.

13. The same applies to the shofar blowing on the second day: ideally, the one blowing should wear a new garment, and have it on at the time of the Shehecheyanu blessing. (The custom among Sephardim is not to recite Shehecheyanu.) And if the first day falls on Shabbos and the shofar was not blown, there is no need to wear a new garment at the time of the shofar blowing on the second day, since Shehecheyanu has not yet been recited over the shofar.