Daf 2

1) The Rosh Hashana for the Jewish kings is on the first of Nissan, and for the non-Jewish kings, it's on the first of Tishrei. The practical difference of this is regarding dating documents. [Rashi explains: that they decreed to date documents from the king's rein of the country so to keep the peace with the kingdom. Tosfos disagrees. First of all, we also refer here about Jewish kings (that wouldn't have this problem). Also, we say in Mesechta Avoda Zara that, in the exile, they count the years from the Greek kings, (and not from the kingdom that they presently reside in). Rather, we must say that they were only worried to date documents from the present king by a Get. Since it's a big deal, since it permits a woman to marry another man, the kings cared that it was dated from their kingdom, so the rabbis enacted to date it from then to keep the peace with the kingdom, but not by other documents.]

The reason they enacted these Rosh Hashanos is because, the law is; documents dated earlier are Pasul (since he might come to collect from liens that he's really not entitled to). [Tosfos quotes Rashi in Bava Metzia that it's only invalid to collect liens, but Tosfos concludes there that the document is completely invalid, and you can't use it as proof to collect form the borrower.] However, those that are dated later are Kosher. [Rashi explains: it's possible that witnesses signed a document on behest of the borrower on Kisleiv of the third year of the king, but they didn't see the loan at the time. However, they saw the loan during Tamuz of the third year of the king (Tosfos adds: it must be that the borrower and lender admitted to them that this was the loan from the document, or else how would they know to connect them?) However, if the judges don't know whether the coronation was between Kisleiv and Tamuz, and Tamuz is before Kisleiv in the year and it's dated later than the loan and is valid; or was the coronation between Tamuz and Kisleiv, and Kisleiv is earlier and it's dated early and is invalid. Now, since they enacted that Nissan is always the beginning of the new year, we know that Tamuz always comes before Kisleiv.

Tosfos asks: why would we assume it may be dated earlier, since you don't need to worry that, perhaps, a document was dated early. Even if we know that it wasn't written on the date that it was dated, we assume that it was dated later, and not earlier. As we have Gemaras that say that if there are witnesses saying that the signers were in a different place at the time of the signing, or the date is on Shabbos or Yom Tov, we say the document is valid because we assume it was dated later. However, we can save the basic explanation by saying the opposite; I might say that we would assume it was dated later and we would have validated it, but by enacting that the first day is Nissan, we'll catch some documents that are really dated earlier.

However, Tosfos asks: how can the whole world, including Sofarim who are writing documents every day, forget when the king was coronated? Also, if so, the Gemara should have said a more simple reason: so that the Sofarim know what date to write in the documents. Also, we say: you may not write any document if the lender is not there (to lend the money right away) unless it has a Kinyan on it (that obligates the potential borrower in paying back the loan from this time even without the loan taking place). Otherwise, the document would be dated earlier than the loan and be invalid. (Therefore, such a loan can never happen). Even according to Abaya who argues and says you may write such documents, that is because he holds that the document takes effect by the signatures of the witnesses, so the document is owed from the time that it was written. So, according to Abaya, it will never be dated earlier.

Rather, Tosfos explains: if they made a coronation for a king on the first of Nissan, and the next year on the first of Nissan, the Sofar may mistakenly think that the coronation was on the second of Nissan, and date the document the first of Nissan of the king's first year, which is a full year earlier and would invalidate the document. Therefore, when it passes the first of Nissan, they always count it as the second year, even if he had his coronation the day before, on the twenty-ninth of Adar. Therefore, the Sofar won't mistakenly think the next year that he had his coronation on the first of Nissan and count the twenty-ninth of Adar as the first year, since they were dating all documents as the second year on his second day as king, on the first of Nissan.]

2) If the first king died at the end of Adar, and they had a coronation for a new king then, you count that year as for both kings, and we don't say that the year can't belong to both kings and you only date documents that year from the first king. Rather, we say: one day in the year is considered as the full year (in this aspect). The same if the first king died on the first of Nissan, and they had a coronation for the second king then, the year is counted for both kings. We also say that “one day in the year is considered as a year” in the beginning of the year too.

3) However, if the first king died in Adar, and they didn't have a coronation of the second king until Nissan, you only count the second king from the second year when he was coronated. This is also true if he was appointed to be king during Adar, and even if he was the son of the king, we don't say it's as if he was made king in Adar.

Daf 4

4) You transgress 'Baal T'acher,' (not to push off giving) by Damin obligations (when you say that you should owe Hekdesh somebody's worth), Erichin, Charamim [Tosfos: whether for the Kohanim or for Hekdesh], Hekdesh, Chatos, Ashamos, Shlomim and Tzedaka. [Tosfos explains Tzedaka: if you designated to give it to the Tzedaka's administrator. However, the administrator doesn't transgress it and may hold on to it to distribute it when needed. Also, if you didn't promise to give the Tzedaka to an administrator, but that you will distribute it yourself, then you don't need to give it out at any particular time unless there are poor before you. If there are poor people before you, you transgress Baal T'acher immediately if you don't give them.] You also transgress it for Maasar [Tosfos: both Rishon and Sheini, and also for Trumah. (However, you don't transgress for Bikurim since there aren't three Regels to bring it. After all, you can only bring it with reading the Parsha from Shvuos to Sukkos, and without reading the Parsha, from Sukkos to Chanukah.) The reason why we need an obligation of Biur (to give away all your Maasar) after three years even if we have the prohibition of Baal T'acher; since Baal T'acher is only after it's separated, but not when it's Tevel. (After all, later, we have two P'sukim for Korbanos, one for vowing to bring a Korban, that you need to separate it, and one after separation to bring it. However, Maasar only has one Pasuk, so it's only to distribute it after it was separated.) When the time of Biur comes around, you need to separate the Maasar from the Tevel and distribute it. Alternatively, even if you're Chayiv for Baal T'acher when it's Tevel, the practical difference is when you smoothed the grain (that obligates Maasar) between one Regel and the time of Biur. Alternatively, to transgress two Lavim.] You also transgress for Bechor, Maasar Beheima, Leket Shichicha and Pe'ah. [Tosfos explains: it can't be the case where there are poor waiting to collect them, since you should transgress it immediately, as we explained. It can't be that there are no poor waiting, and you're collecting it so that it shouldn't rot or be eaten by rodents, since the Gemara in Chulin says that you don't need to distribute it anymore (except for Trumah, since the Pasuk says to give it). Rather, the case is that you collected it for a poor person, that R' Eliezer says that you may give it to that poor person, and the Rabanan say that you can't give it to him, but you must give it to the first poor person you meet). If you never meet a poor person, you need to find one before three Regalim pass.]

5) The Tanna Kama says: you transgress when you pass three Regalim, and there is no order that you must pass them. R' Shimon holds that you must pass three of them, and Pesach must be the first one. Therefore, if you made your vow after Pesach, and before Shvuous, you don't transgress unless five Regalim pass. R' Elazar b. Shimon says Sukkos always causes the transgression. Therefore, if you made the vow before Sukkos, you transgress it after Sukkos passes. If you make the vow after Sukkos, you don't transgress until after next Sukkos. R' Elazar b. Yaakov says that you transgress after two Regalim. R' Meir says you transgress after one Regel since the Pasuk says “you come there, and you bring it.” The Rabanan say that this Pasuk just tells us you transgress an Asei by one Regel, (but not Baal T'acher). However, R' Meir holds that, once you don't bring it when the Torah tells you, you pushed off your obligation and transgress Baal T'acher.

6) You have a make up time for the Shvuos Korbanos Riya of seven days, just like you have by Pesach.

Daf 5

7) You need a Lina (to stay overnight in Yerushalayim) on Sukkos just like during Pesach (on the first night going into Chol Hamoed) [Tosfos explains: as the first day of Yom Tov is the main day to go to the Mikdash, (so you should spend that night in Yerushalayim). (Although any day that you bring Korbanos, you need Lina, so you would need Lina anyway because of the Shalmei Simcha, the practical difference is if you send your Korbanos to be brought the day before you came. You can still be Yoitza Simcha with these Korbanos since it's eaten for two days. Alternatively, you can be Yoitza Simcha with clean clothes and old wine, the same way that you're Yoitza it when the first day of Yom Tov falls out on Shabbos.)

Alternatively, according to the Gemara in Zevachim, the whole week of Sukkos is considered as one day (so you need Lina the whole week, and you would only need one night for the Korban. Although the Gemara's conclusion there that its not one day, that's only regarding Nossar, that we don't say that nothing becomes Nossar during that week-long day, but we can say that it's still considered one day regarding Lina.)]

8) By Sefiras Haomer, you need to count the days and weeks.

9) By the Pesach Shlomim (i.e., if a Korban Pesach was lost, and you brought a different one, when the first is found, it's brought as a Shlomim), you transgress Baal T'acher after three Regalim. We don't say that, since it comes from a Korban Pesach, it has the laws of a Pesach that you transgress after the first Regel (i.e., since, if it's not brought on Pesach, it's pushed off from being a Pesach).

10) You only need to bring bread for a Korban Todah, and not for its exchange (i.e., if it gets a blemish, and you need to exchange it), or Temurah. Therefore, if the Todah gets mixed up with its Temurah, you can bring both, and bring one set of breads and make a condition that it's for whichever Korban is the real Todah. However, if one of them dies, there is no way to bring the remaining Korban with the breads on condition. Therefore, since it can't be brought, it's simple that you don't transgress Baal T'acher.

11) If a Shlomim or Olah wasn't brought for two Regalim, then gets a blemish, and you exchange it for another Korban; you don't transgress Baal T'acher until you pass another three Regalim. We don't say that, since the exchange came from the first Korban that passed two Regalim, they combine and you transgress it after one more Regel.

12) Even according to R' Meir that you transgress after one Moed, [Tosfos: you need to pass through the whole Regel]. Therefore, if it got a blemish in middle of the Regel and you exchanged it in the middle of the Regel, you don't transgress Baal T'acher and they don't combine to a whole Regel.

13) Even though someone might transgress Baal T'acher, it doesn't invalidate the Korban even if you need it to appease Hashem. [Tosfos says that an Olah is also for appeasement, since it's needed to appease for an Asei.]

Daf 6

14) There's an Asei and Lav to bring the Korban in a timely matter, and the Torah says that Beis Din can force you to bring it. Although the Torah says that you need to bring it on your own account, we must say that they force him until he says he wants to bring it. [Tosfos explains: this is why we need an extra Pasuk by a Korban, even though Beis Din always forces somebody to do Mitzvos, since I might think they can't force Korbanos that need to be brought on their own volition.] This applies whether he vowed to bring it and didn't separate it (and we don't say that words aren't consequential), and whether he separated the Korban but didn't bring it (and we don't say that, wherever the Korban may be, it's in Hekdesh's possession).

15) [Tosfos says: the Gemara says that we take a collateral for Olos and Shlomim that don't make an atonement (so people don't have that incentive to bring them), but not for Chatos and Ashamos that has an atonement. Although logic dictates that, before he transgresses Baal T'acher, you shouldn't take collateral for neither of them, and after he transgresses, we should take collateral for all of them; we must say that it applies before he transgresses, but we see he's being lazy not to bring it, (or he's wasting his money so that he shouldn't have any money remaining to bring it). Therefore, we take a collateral only for Shlomim and Olos, and if you can't find anything, then you physically force him to bring it, like we say here.]

16) [Tosfos concludes: even though we say that Olos atones for Aseis, (so, it does atone); since he can have atonement without it, we still need to take collateral for it. As we say; if he does Teshuva on an Asei, he doesn't move from that place before he's atoned.]

17) Regularly, a Neder Korban is when he vows “it's upon me to bring” and he's responsible to replace it if the animal he designated for his vow gets lost. However, a Nedava is when he says “this is my Korban,” and he's not responsible if it gets lost. However, there is a Neder that's like a Nedava that you don't have any responsibility to replace if you say “it's upon me to bring, but on condition that I don't have the responsibility to replace it if it gets lost.” [Tosfos says: and it's not a problem of making a condition against what the Torah prescribes.]

18) You transgress Baal T'acher for Tzedaka right away. Despite that we learn it from Korbanos that have three Regalim to bring them, Tzedaka is different since there are poor before him that need it immediately, he transgresses immediately.

19) The offspring of a Shlomim is brought also as a Shlomim. [Tosfos says: you can't bring a sick Korban.]

20) Rava says: if you pass one Regel without bringing the Korban, you transgress an Asei. If you pass three Regalim, you transgress Baal T'acher for every day that you didn't bring it.

21) There is a Braisa that says that you transgress Baal T'acher if you passed three Regalim, even if a year hadn't passed, (which is simple, like you vowed it Erev Pesach, you transgress after Sukkos). However, you also transgress it when a year passes, even if you haven't passed three Regalim. The question is; how is this case possible? [Tosfos says: you can't say that he vowed in middle of Pesach one year (and you need it to pass a full Regel), since the first days of the next Pesach will combine to make it a full Pesach, and he'll have three Regalim before the next year starts. The Yerushalmi wants to answer that it was not eight days old on Pesach, but we'll say soon in the Bavli that we don't count the year until it's eight days old.] The Gemara answers: this fits well according to the opinion that you need to pass the three Regalim in order. Even according to the opinion that you don't need three Regalim, you can find a case according to Rebbi. As Rebbi holds that a year is three hundred and sixty five days [Rashi: as he learns from his opinion regarding the year to buy back a house in a wall city]. Therefore, you'll find a case by a leap year, if he makes a vow after Pesach and waited three hundred and sixty five days and it falls at the end of the second Adar. However, according to the Rabanan who hold a regular year is always twelve months, and a leap year is thirteen months; we can find a case like R' Shmaya. As he says: Shvuos is sometimes on the fifth of Sivan (if Nissan and Iyar are both full months), sometimes on the sixth (if one is full and one is short), and sometimes on the seventh (when both months are short). So the case is; if he makes the vow on the sixth when it was after Shvuos, and the next year it was Erev Shvuos. (However, Acheirim argues and says: all months are the same every year, and they alternate between full and short. Therefore, each Rosh Hashana is four days later in the week than the previous one, and by a leap year, it's five days later.)

22) [Tosfos says: according to the opinion that Baal T'acher is transgressed after one or two Regalim, you find a case where the Korban was sick by those Regalim. We could have used this case to answer all the opinions.]

23) Even though an heir needs to bring his father's Korbanos [Tosfos: according to the opinion that the liens on one's property is not from the Torah, only if the father separated the animal in his lifetime, and according to the opinion that the liens are from the Torah, even if he didn't separate it in his lifetime, the son needs to separate it and bring it]; still, he doesn't transgress Baal T'acher.

24) A woman, [Tosfos: or anyone else that's exempt from Riya, like a sick or old person, or someone who doesn't own land], transgresses Baal T'acher. Although she's not obligated to go up on the Regel for Riya, but since she has the obligation of Simcha (according to the opinion that she's the one obligated, and not just her husband is obligated to make her happy), she needs to go up for the Regalim anyhow. [Rashi explains: according to the opinion it's her husband's obligation, she needs to receive nice clothing (and doesn't need to go to Yerushalayim at all). Tosfos disagrees. As it seems that, in the times of the Mikdash, she needs Shlomim meat. Rather, although she needs to go to Yerushalayim so that her husband can keep his obligation to make her happy, but since it's coming from his obligation, the Pasuk that says “you need to go there (to Yerushalayim)” is not referring to her.]

25) Baal T'acher of an unblemished B'chor is from the time you can bring it as a Korban, i.e., on its eighth day. However, for a blemished B'chor, since you can eat it right after it's born (if you know for sure that it finished its gestation period and you know it's a viable animal), you count a year from when it was born. [Tosfos says: only if it was born blemished, but if it was born unblemished, and became blemished afterwards, you only count from the eighth day. Also, there is no proof from here that you must give it to the Kohein within a year; since this may only refer to the Kohein's obligation, that he needs to eat it within a year, as it says in Bechoros.]

Daf 7

26) The first of Nissan is the beginning of the year for the count of the months. It's also the end of when you can make a leap year. Therefore, you can only make it into a leap year when it's still Adar. (This is opposed to the opinion that held that you can only make a leap year until Purim. After all, from then you start Darshening the laws of Pesach (i.e., since it's thirty days before Pesach). If they would push off Pesach now, and they would be eating Chametz when they're expecting Pesach to be, they would take Chametz lightly. However, we hold this not to be problematic since they understand that Pesach is dependent on the calculation, and Beis Din didn't conclude their calculation until after Purim. Thus, they won't take Chametz lightly.)

27) You can't make the year into a leap year from before Rosh Hashana even B'dieved, but in a time of need, they may make it after Rosh Hashana. However, the only month that can have a second month is Adar.

28) Also, the first of Nissan is the beginning of the new Shekalim in the Mishkan. That is; you need to buy the Korbanos from then on from the new Shekalim. However, if you buy it from the old Shekalim, you're Yoitza, but you didn't do this Mitzvah of buying from the new ones.

29) If an individual wants to donate extra Shekalim, he may, and we're not worried that he won't hand it over completely to the public funds. [Tosfos explains: this is even according to the opinion that holds in Bava Metzia that the one guarding the growing barley for the Omar on Shvious can't do it for free, since they enacted that he should receive a wage from the Lishkas Hagazis, and we're afraid that he won't give over that wage back to that public fund completely. After all, we can say that there is a reason not to worry about it here as there is by the guard.]

30) There is a Braisa that says that Nissan is the beginning of the year regarding renting houses. If someone says “I'll rent you this house for this year” and it's at least the first of Adar, the renting is over by the first of Nissan. (However, someone doesn't rent a house for less than thirty days, so it can't be the end of the renting if he rented it after the first of Adar, even if you say that we call one day in a year as “a year.”) [Tosfos says: we don't say that the price he paid will tell us for how long he rented it, since we can say the extra money was given as a gift, or a deposit for the house's owner to look after.] (However, if he rents the house “for a year,” he can stay there for twelve months.)

The reason that Nissan is the end of the renting period is because we assume people rent during the rainy season in order to protect himself. However, the Tanna Kama, who doesn't hold of this, holds that Nissan is still during the rainy season since it's common for clouds to form and rain.

31) R' Meir holds that the first of Elul is the Rosh Hashana for Maasar Beheima (that you can't mix the animals born in different years together). (The fifteenth of Nissan is Rosh Hashana for the Omer (that you can eat Chodush afterwards). The sixth of Sivan is Rosh Hashana for the Shnei Halechem (that you can now bring Chodush for the Menachos).

32) [Tosfos says: if you vowed a Korban on the first night of Yom Tov, even though it's not at a time that you can bring Korbanos, we don't consider it as the whole Yom Tov passed being obligated in this Korban, and this Yom Tov doesn't combine to two others to transgress Baal T'acher.]

Daf 8

33) R' Elazar and R' Shimon held that the first of Tishrei is the Rosh Hashana of Maasar Beheima. Everyone agrees that the flock mate in Adar, and gives birth in Av, and there is a Hekish to Maasar of grain. Therefore, R' Meir says that just as grain Maasar has its Rosh Hashana the beginning of the month after it's finished growing, [Tosfos: although it's obligated in Maasar after it grew a third, still, it's not normal to harvest it until after it's completely grown, so we follow when it's completely finished growing], so too Maasar Beheima that it's Rosh Hashana is right after it's finished. So, if it gives birth in Av, the Rosh Hashana is Elul. However, R' Elazar and R' Shimon learn the Hekish that, just like the Rosh Hashana for grains is the first of Tishrei, so too is the Rosh Hashana for Maasar Beheima.

34) The Mishna says that the first of Tishrei is the Rosh Hashana of 'years.' R' Pappa explains that it's regarding dating documents if you're dating according to non-Jewish kings. R' Zeira explains: it's the beginning of the year to the seasons since it holds like R' Eliezer that the world was created in Tishrei. [Tosfos says that there's a big difference in the calculation of the seasons and the moon's Molads between a half a year (i.e., compared to R' Yehoshua who held that it was created in Nissan.) Therefore, assuming that the first new moon for Rosh Chodesh was at the same time Adam was commanded not to eat from the Eitz Hadaas, which was on Friday by the ninth hour, so the Molad was six hours earlier when the moon is not visible to the eye after the Molad. According to R' Eliezer, we calculate it from Tishrei, and according to R' Yehoshua, we calculate it from the first of Nissan. However, Tosfos asks: we should be able to prove who's right. After all, the moon is only invisible to the eye in total for twenty-four hours, and there should be a difference in the Molads of the two opinions of two days, four hours and 438 Chalakim. (After all, this is half the difference between one year and another, which always starts four days, eight hours and 876 Chalakim later in the week.)] Another possibility, the Mishna means that it's the Rosh Hashana for judgment.

35) [Those who calculate the Molad remove seven days, six hours and 642 Chalakim from the calculation. There are those who say that it's because the moon put itself in excommunication for that time (for its sin of requesting to make the sun smaller). However, Tosfos thinks it's more apt to say that we count the seasons from Nissan the theoretical year that could have existed before creation (Sh'nas Tahu), and the Molad from the following theoretical Tishrei. Since there is a fifteen hour difference (in the time of the week) between the beginning of the Nissan season and the beginning of the Tishrei season, so that Tishrei season fell on Wednesday fifteen hours into the day. The Molad of that Tishrei was on Friday, fourteen hours I the day, since the Molad falls a day and twenty three hours later than the season. The time that a half of year of seasons is greater than the half of year of lunar months are 5 days and 10 hours and 642 Chalakim. When you add that to the one day and 23 hours, you’ll get the missing 7 days 9 hours and 642 Chalakim.]

36) The Mishna says that the first of Tishrei is the beginning of the year regarding Shmita and Yovel. This is like R' Yishmael b. R' Yochanan b. Broka who holds that Yovel starts by Rosh Hashana, as the Pasuk says “you make holy the fiftieth year,” implying that the whole year is holy. Although the Pasuk says that you blow the Shofar on Yom Kippur (to signal the start of the Halachos of Yovel); we need to say that, from Rosh Hashana until Yom Kippur, the Jewish slaves don't go home yet, but they don't work either. Rather, they just eat and drink from their master, and it's as if they are kings. When Yom Kippur comes, they go home, and the fields return to their original owners. The Rabanan say that they don't stop working for their masters until Yom Kippur. When the Pasuk says “you make holy the fiftieth year,” it's to imply that you only make years holy, but not months. This is like R' Elazar b. Shimon who held that Beis Din never says “Mekudash Mekudash” whether Rosh Chodesh was on the thirtieth day or the thirty first.

37) R' Yishmael b. R' Yochanan b. Broka says from the Pasuk “it's Yovel” that (only this year is Yovel), and you don't need to finish off Yovel during the next year until Yom Kippur. After all, I might have thought you would need to since there is a concept of adding onto a holy time. [Tosfos explains: however, the Rabanan wouldn't need this Drasha, since they hold that, since we truncate the year, we definitely don't need to add onto it. Therefore], the Rabanan explain “it's Yovel;” but it's not also the first year of the next cycle. This is not like R' Yehuda who holds that the fiftieth year is also the first year in the next fifty year cycle.

Daf 9

38) [Tosfos says: it seems that the Halacha is like R' Yehuda. After all, the Gemara in Avoda Zara simply explains like him. Also, since our unnamed Mishna is like R' Yishmael b. R' Yochanan b. Broka who argues with the Rabanan. Therefore, R' Yehuda must hold like R' Yishmael b. R' Yochanan b. Broka. Also, according to the Rabanan, we must say that you don't say Mekudash for months, and we Paskin that you must say Mekudash for months. Also, we see that R' Yossi, who's opinion is the one that we say is usually the most understandable, held that land reverts back at Yovel by its beginning, and the Gemara in Erichin says that the one who holds that opinion must hold like R' Yishmael b. R' Yochanan b. Broka.]

39) R' Akiva learns the concept that you add on to holy times from the weekday from the following. The Pasuk says that “you rest from plowing and harvesting.” It can't refer to actual Shvious since it already said that it's forbidden. [Tosfos explains: at least harvesting is written. However, plowing is not written according to the opinion that you don't get Malkos for plowing on Shvious since it doesn't say it explicitly. However, since the harvesting in the Pasuk needs to be for a Drasha for adding on to Shvious, we must say that the plowing is also only coming for a Drasha to add onto Shvious.] Therefore, it's coming to forbid the plowing on Erev Shvious that helps for Shvious, and the harvesting on what grew on Shvious for Moitzei Shvious. [Riva explains: this refers to grains that grew a third on Shvious, but grains that was planted manually on Shvious is prohibited from the Pasuk “don't plant.” This fits well to Rashi's position in Pesachim. However, this doesn't fit well to Tosfos there who holds that, what grew by itself, even if it didn't grow a third on Shvious, is also forbidden from “don't plant.” The reason according to them that it needs a second Pasuk here to forbid it is to say that it's also forbidden after Shvious. We need the first Pasuk “don't plant” to say that it's forbidden to eat, and it's not only forbidden to do business with it.

The prohibition to harvest produce on Moitzie Shvious is that it can't be harvested regularly with the proper tools, but with a sword. Even if it was left Hefker, you need to harvest it in a strange manner. However, if it was guarded, it's forbidden to harvest at all. Although they guarded the grains for the Omer, and we have the rule that all food sacrificed in the Mikdash must be Kosher for Jews to eat; we must say that they didn't need to guard it from humans since they don't take it when they're informed it's for the Omer. Therefore, it's only guarded from the animals and birds, and that doesn't forbid it.]

40) However, R' Yishmael learns from that Pasuk the harvesting is only forbidden on Shabbos if it's voluntary, just like plowing, which is always voluntary. This excludes harvesting the Omer, which is a Mitzvah, that you may harvest on Shabbos. Therefore, he must learn that you add onto holy times from another source. [Tosfos says: he only needs it for Shabbos and Yom Tov. However, we already know that you need to add on to Shvious from the implication of the Halacha L'Moshe M'sinai that you may plow a field with saplings until Rosh Hashana, implying that it's forbidden for larger trees. However, you can't extrapolate from a Halacha L'moshe M'sinai to other Mitzvos.] We must say he learns it from the Pasuk that “you inflict yourself on the ninth,” that you need to stop eating Erev Yom Kippur while it's still day; and from “(you fast) from evening to evening,” that you must fast a little on the next evening. So, you need to add on a little before and after. The Pasuk says “Tishbisu Shabatchem,” to say this applies by all other times that the Torah says to rest. However, R' Akiva learns from there that, although, of course, you need to eat on the ninth; but the Torah considers it when you eat on the ninth as if you fasted for the ninth and tenth. [Tosfos says: as if you were commanded to fast both days, and you fasted both days. However, we were only commanded to eat on the ninth, so you can only fulfill the Mitzvah by eating. Therefore, Mar b. Raveina fasted everyday besides Shvuos, Purim and Erev Yom Kippur. This is because he held like R' Akiva, however, R' Yishmael didn't hold of that Drasha. This is why the Gemara didn't say that everyone agrees that you need to have “for yourself” (by eating) by Erev Yom Kippur like it says by Shvuos.]

41) [Tosfos says: we see from here that everyone holds that you must add onto Yom Kippur. If so, why does a Gemara have to say that Bein Hashmashes is forbidden by Yom Kippur? After all, it's forbidden even beforehand when it's still day. The same can be asked by Shabbos, where it says that it's forbidden to light Bein Hashmashes, that it's even forbidden earlier during the day. Tosfos answers: perhaps it's because you only need to add a slight amount from the weekday, (it's not counted for much, so we don't mention it more than Bein Hashmashes). Alternatively, it's like R' Gamliel, brought in Moed Katan, who doesn't hold that you need to add onto holy times. Granted that the Bavli concludes that this is not his real opinion, but the Yerushalmi concludes it to be his true opinion.]

42) There are two P'sukim by Yovel. One says “Yovel,” implying that it becomes Yovel no matter what [Tosfos: and it will be prohibited to plant and harvest]. Then it says “it is,” implying that it is only Yovel if the things that says by it happens. R' Yehuda reconciles: it's Yovel even if land wasn't given back to the original owners, and even if they didn't blow the Shofar, but it's not Yovel if slaves don't return home. After all, this was the topic that's immediately before the words “it is Yovel,” and we Darshen that it should be going on what's immediately before it, but not the topic that's even before that (blowing the Shofar). However, R' Yossi says that the lack of blowing the Shofar is the only thing that prevents Yovel from taking effect. Granted, it's written further away than the slaves returning; still, logic dictates that blowing the Shofar is what prevents Yovel, since it's possible that there may be no sold slaves to return back to their homes. Even if you want to say that it's impossible that there's not, at least, one slave in the world that could return, we would rather place it on blowing, something that was given to Beis Din to perform.

43) However, the Chachumim say that failure to perform any of the three prevents Yovel from happening. After all, we Darshen it to go on what's before it (i.e., the returning of the slaves), and what's before that (blowing the Shofar), and what's after it, (i.e., the returning of land to their original owners). Although it says “it's Yovel,” implying in any case, that is only to include Chutz L'aretz. Although it says that it's in the Aretz, that teaches us, only when it applies in the Aretz (when most Jews live there), it applies in Chutz L'aretz. However, if it doesn't apply in Aretz, it doesn't apply in Chutz L'aretz either. [Tosfos points out that R' Yossi agrees that it applies to Chutz L'aretz since he said that it may be impossible that there wasn't one slave returning home in the whole world. It must be that he had some other Drasha to teach us this.]

44) The first of Tishrei is also the Rosh Hashana of counting the years for the Revei fruit.

45) It doesn't matter if the tree was planted, if you run it [Tosfos: you bend a branch over and stick it into the ground, cover it with dirt and cut the branch], or if you grafted it; if you did it thirty days before Rosh Hashana, it's considered as if it's already planted one year regarding Orlah. [Tosfos says: although we find in another place that you don't need to restart the Orlah count for grafting and running; that's only if you graft it into an old tree and you didn't cut the branch from its mother tree, (but here you graft it onto a young tree, and you cut the branch.] Also, if you did this before Shvious, you may keep it on Shvious (and you don't need to uproot it). [Tosfos points out: later, we'll establish its author as R' Meir, and R' Meir holds in Gitten that, if you plant on Shvious, whether done intentionally or forgetfully, you need to uproot it.] However, less than thirty days, it does not count as a year for Orlah, and you may not keep it during Shvious.

46) [Tosfos says: although we said in Moed Katan that you can't plow an orchard Erev Shvious from Shvuos, and here we allow planting until right before Shvious; R' Tam reconciles: we're more stringent by plowing since we learn it from an explicit Drasha, as we said earlier, “you should rest from plowing,” which refers to plowing before Shvious. Alternatively, plowing is forbidden before Shvious because it's meant to help the growth for Shvious, so we're strict for how long before that it would help. However, you don't prevent planting because it will grow more on Shvious, since all trees grow on Shvious. If you would be strict, you won't be ever allowed to plant a tree. The Yerushalmi reconciles: up to Shvuos, plowing is beneficial to the trees. Afterwards, it's detrimental, so it's obvious that you're plowing for the growths of Shvious.]

Daf 10

47) Even though we start the count from Rosh Hashana, we don't allow the fruit after the third year until the fifteenth of Shvat. [Tosfos says: since the beginning of the year is only Rosh Hashana regarding planting saplings (and not for trees).] The same applies to the fruit after the fourth year regarding Revei.

48) That, which it's enough with thirty days, is R' Meir's opinion who holds that one day in a year is considered to be a year. As we say that an Egel is one year old. Ben Bakar is two years old. Par [Tosfos: even a Par Ben Bakar] is three years old. R' Meir says that a Par only needs to be twenty four months and one day. (R' Elazar says that it needs to be twenty four months and thirty days. [Tosfos says: from twenty four months until twenty four months and thirty days, it has the regular status of a Ben Bakar. After all, we only find a concept of 'Eflagas' as a thirty day middle stage between a lamb and a ram, but we don't find a middle stage by cows.])

49) [Tosfos says: this rule that one day is considered a year is not universal. After all, to become an adult, a male needs to be a full thirteen years olds, and for him to be considered physically able to have relations, he needs to be a full nine years. Although it says that he also needs to be thirteen and one day, or nine and one day, that means it needs that you don't count a half of day, but needs to be a full twenty four hours. However, we find this argument when a female is considered physically able to have relations, as R' Meir says from two years old and one day, and if someone had relations with her for Kiddushin, it takes effect. The Chachumim need her to be three full years “and a day.”]

50) Not only [Tosfos: at the end of the calculation, at the beginning of the last year] does R' Meir say that one day in a year has the status of a whole year, twenty four months and one day, but even [at the beginning of the calculation, at the end of the first year] he says that one day in a year is like a whole year. After all, we learn it from a Kal V'chomer, as we see from Nida. After all, the beginning of the last day doesn't count for the seventh day, and she must wait until the end of the day to become Tahor, but the end of the first day (i.e., if she emits blood at the end of the day) counts as a whole first day. [Tosfos says that a Zava is not a contradiction to this, that the first day, (when she emits blood), is not counted, yet, we count the beginning of the last day. (This is not only according to R' Yossi who says that if she's Toivels that morning and emits more blood later that day, it doesn't retroactively ruin the Tahara, but even according to the Rabanan who say it does, but she's still Tahor that morning if she doesn't emit any blood that day.) After all, by Zavah, we need seven clean days, and the reason the first day doesn't count because it wasn't clean (since she emitted blood) and not because we don't count part of a day in the beginning. (However, we count the seventh day since, as long as she hadn't emit blood yet that day, it's clean.)]

51) We see that R' Eliezar held that, when you plant something, you need to give it thirty days to know that it took root. (R' Yehuda says it takes three days, and R' Yossi and R' Shimon says it takes two weeks.) R' Meir needs it to be planted thirty days before to make sure it took root before Rosh Hashana, and then you'll have one day to be considered a year. The thirtieth day can be counted as the last day that it can take root, and for the one day of the year to be considered a year.

52) Since R' Elazar held that thirty days in a year is called a year, you need to plant it two “thirty days periods” before Rosh Hashana to make sure it took root thirty days before Rosh Hashana. (According to R' Yehuda it's thirty three days, and according to R' Yossi and R' Shimon, it's thirty days and two weeks.) [Tosfos qualifies it: if it's less, then you can't count it as a year regarding Orlah and you transgressed the prohibition of planting during Tosefes Shvious. However, you don't have to uproot it if it took root during Tosefes Shvious, but only if it took root during Shvious itself.]

Daf 11

53) If you go out during Nissan and see the trees blooming, you make the Bracha “Shlo Chisro M'olam Klum,” (that you didn't leave anything out from your world).

Daf 12

54) The first of Tishrei is the Rosh Hashana of Maasar on vegetables that is only rabbinic, and, of course, it's the Rosh Hashana of Torah-obligated Maasar. [Tosfos explains: it implies from many places in Shas that not only are vegetables rabbinically obligated, but any other produce besides olives, grapes and Dagan (grains) is only rabbinically obligated. Although the Yerushalmi says that we have a Drasha for all Maasar except for vegetables, it must mean that they have an Asmachta for them. Although the Gemara in Makos says that you get Malkos for eating a fig of Tevel, and you get Misah eating a Trumah fig; it's only a sign for what you would get if you ate the Torah obligated species. Alternatively, it means rabbinical Makos (i.e., Mardos) and we consider him as if he had Misah in order to bury him among the truly wicked. Although the Gemara in Nedarim says that beans are considered Dagan, it's not Torah obligated for Maasar, since it's only considered Dagan by the language that people speak, and not to the Torah's vocabulary, and only vows follow people's vocabulary.]

55) If you gathered some vegetables before Rosh Hashana before nightfall, and other vegetables on Rosh Hashana after nightfall [Tosfos quotes the Yerushalmi: by a non-Jew]; you can't take Maasar from one to other. If its from the second year of the Shmita cycle going into the third year; you take Maasar Shieni from the ones from before nightfall, and Maasar Ani from the ones after nightfall.

56) We consider vegetables as its process is finished to establish it for Maasar (to forbid eating it before you separate the Maasar); for vegetables that are bundled, from when you bundle it. However, for those that are not bundled, when you fill up the utensil with it. [Tosfos adds: if you're not going to fill up the whole utensil, it's from when you finished collecting what you wanted.]

57) If you vow not to have pleasure from your friend for a year, you count twelve complete months before you can have pleasure from them. If he says “for this year,” even if he said it on the twenty-ninth of Elul, he's permitted to have pleasure from him on Rosh Hashana. This is true even according to the opinion that we don't say one day in a year is considered to be a year. After all, vows are made to make one suffer, and he did suffer somewhat from refraining from pleasure for a day. The reason we follow Tishrei and not Nissan since, as we said, vows follow the vocabulary of people, and people consider Tishrei as the beginning of the year.

58) You must separate Maasar from fenugreek when it grows enough that [Rashi] their seeds grow in them. [Tosfos says: however, the Yerushalmi explains that the seeds grow enough that they're mature enough to plant. It brings a test to know if it reached that point. R' Yahonasan says that, you place a handful in water, and if most of the seeds sink, they're obligated. R' Yona asks: if so, you should only obligate the seeds that sunk. Rather, we test it by most of each seed (to see if most of the seed is underwater).]

59) Olives and grain are obligated in Maasar after it grows a third. [Tosfos explains: all other fruits, where the Gemara gives signs when they grew enough to be obligated in Maasar, are also when they grow a third. Since they have signs to recognize when they reached a third, Chazal tells us to look for the signs. However, olives and grains don't have any signs when it grows a third, they could only say that it's obligated when it grows a third.] The proof to this is that grain that grows a third during Shvious has the status of Shvious produce even if it grows more on the eighth year. [Tosfos says: although, by other trees, the amount needed to grow on Shvious and for Maasar are not the same, as they follow when they're formed for Shvious, and when they grow a third for Maasar; but they don't need a proof that a third is the amount for Maasar since they're useless beforehand. However, they need a proof for olives that are useful before they grow a third, since their oil can be used as an active ingredient to make unwanted hair to fall out, and they need a proof for grains since their useful if they didn't grow a third to make a dough to be placed above a pot to absorb the smells and froth. Therefore, they needed to bring a proof from Shvious that it's not forbidden until it grows a third.]

Daf 13

60) Rice, millet, sesame and 'Pargin' follow the year that they took root, regarding both Shvious and Maasar. Although it's not similar to trees that follow its fruits' forming, nor to the olive and grain that follow when they grow a third, and not like vegetables that follow when they're picked; here it's a special rabbinical enactment. Since they're not picked at the same time, but only some at a time, so you'll have some picked in one year, and some in the next, and you'll come to separate Maasar from produce of one year on the produce of the second year. So, they set the time to be when they take root, which happens at the same time [Rashi says: since Maasar on this produce is only rabbinically obligated, the rabbis can enact any time they want them to follow. Tosfos adds: although these produce are obligated in Shvious from the Torah; we must say that this is like Rebbi who holds that Shvious these days is only rabbinically obligated. Alternatively, in Toras Kohanim, there's a Drasha that says that these produce follow when they take root.]

61) We can't fix this problem that they're harvested in different years, and still have them follow the harvesting, by mixing all the produce together, and we'll consider them all homogeneous, and we'll consider the amount separated for Maasar that it has the right ratio of old and new produce to consider that you separated an exact tenth from each year's crop. After all, the Rabanan don't hold that mixing it makes it homogenous, only R' Shimon Shezuri holds that way. Therefore, R' Shimon Shezuri adds onto he above Braisa that the Egyptian bean follows when it takes root, and if some take root before Rosh Hashana, and some afterwards, you mix them all together and you'll be taking off the correct Maasar for each year proportionally. [Tosfos asks: why does R' Shimon Shezuri hold the beans follow when they take root? After all, since he holds that everything mixed is homogenous, they could have enacted that it follows when it's picked like other vegetables.]

62) [Tosfos asks: how would mixing the produce help in the second year heading into the third year? After all, you don't know how much is Maasar Sheini, and how much is Maasar Ani. Tosfos answers: you take off a tenth for Maasar Sheini, redeem it, and then give it to the poor as Maasar Ani.]

63) Shmuel agrees to the Halacha of R' Shimon Shezuri, but not for the same reason. After all, he doesn't hold mixed foods become homogeneous, only liquids like wine and oil, [Tosfos: regarding separating Maasar, or regarding sprinkling the water of Parah Aduma, like it says in Zevachim.] Rather, Shmuel's reasoning is because he follows the finish growth of the produce (except for grains and olives that follow a third grown). [Tosfos explains: this is like other vegetables, even though we say that they follow when they're harvest, but they're picked immediately after they finished growing, so it's practically the same time. However, these produce need to stay in the ground longer than when they finish growing to dry out, and they dry out at different rates, so they're picked at different times. However, they all finish growing together. However, this is difficult, since, how can Shmuel disagree with all the Tannaim? As he disagrees with R' Shimon Shezuri and the Rabanan.]

Daf 14

64) R' Yossi Haglili Darshens from “when you gather from the pile of grains and pits of wine.” In order to separate Maasar from produce to follow the first year it grows like we do by grains and grapes, since they grow a third in the first year, they must resemble them that they grow from the water of the first year. The way they need to resemble the grapes and grains is that they grow from the rains of the first years (i.e., like, that fruit on trees grow from the sap the tree made from what it absorbed from the earlier rains). This excludes vegetables that even grow from the rain of the second year, so their Maasar follows the second year. R' Akiva says: they need to be compared to grain and grapes that grow from “most waters” (i.e., only from rain) to separate Maasar like the first year, but vegetables that grow on all waters (i.e., that it also needs irrigation), so Maasar is taken like the second year. [Tosfos explains: since Maasar on vegetables are rabbinical, these are only Asmachtos. Alternatively, even if it's not needed for Maasar, we'll use it for Shvious that's from the Torah.]

65) The practical difference between them is by 'Sarisim' onions. [Rashi explains: they don't grow as big as regular onions. Tosfos explains from the Yerushalmi: they don't have seeds.] Also, Egyptian beans grown for their leaves. (However, if they're grown for their seeds, they have the status of beans that follow when they take root.) By these produce, if you refrain from irrigating them from thirty days before Rosh Hashana, then R' Yossi Haglili and R' Akiva argue if you follow the first year or the second. [Rashi's first explanation: R' Yossi Haglili holds that it follows the first year since it didn't grow from the water of the second year. His second explanation, and Tosfos brings it from the Yerushalmi: R' Akiva holds that it follows the first year since, by the time Rosh Hashana comes, it's not growing from irrigation.]

66) [Rashi says: this is only applicable by these produce since it's normal to refrain water from it a certain time before picking them to harden them. However, all other vegetables follow the year they're picked even if you refrained from irrigating them.]

67) Beis Shammai says that the Rosh Hashana for trees is the first of Shvat, and Beis Hillel says it's the fifteenth of Shvat. The reason for this; even though it didn't even past most of the winter, but most of the rain of the year is finished. [Tosfos explains: therefore, fruit that was formed from the first of Shvat and on according to Beis Shammai, and from the fifteenth and on to Beis Hillel, was grown from rain of the present year. However, what formed before that grew from the rain of the previous year.]

68) It once happened that R' Akiva picked Esrogim on the first of Shvat (of the third year) and he took off two Maasars (one of Maasar Sheini, and one of Maasar Ani), one according to Beis Shammai's opinion, and one like Beis Hillel's opinion. [Tosfos says from the Yerushalmi: he only took one tenth, but he redeemed it on money, and gave the fruit to the poor. However, if he actually separated two Maasars, it's taking off extra Maasar that ruins the Maasar from being eaten (since there is still Tevel in it).]

69) Although the rule is that you have the right to do either like Beis Shammai, or like Beis Hillel (before the Bas Kol that said the Halacha is like Beis Hillel), but if you take the leniencies of both, you're a Rasha, and if you take the stringencies of both, you're “a fool walking in the dark,” R' Akiva could be stringent for both opinions since he wasn't sure which one was Beis Hillel's opinion. [Tosfos explains: you can't say that he wasn't sure who to Paskin like since we can assume he knew to Paskin like Beis Hillel.]

70) R' Yossi b. Yehuda holds that R' Akiva took off the two Maasars since he didn't know if the Halacha is like R' Gamliel or like R' Eliezer. As we see: everybody holds that an Esrog follows the laws of a tree regarding Orlah, Revei and Shvious, and not like vegetables. [Tosfos infers from this that vegetables are obligated in Shvious.] However, regarding Maasar, R' Gamliel says to follow the way it was harvested like vegetables. [Tosfos points out: therefore, according to him, if an Esrog starts growing in the sixth year and is harvested in the seventh year, it doesn't have the prohibitions of Shvious like all trees, but is exempt from Maasar like vegetables.] R' Eliezer says that it has the laws of trees even regarding Maasar. (We must say that it formed before the fifteenth of Shvat of the previous year. Otherwise, Beis Hillel would say that it was formed and harvested in one year. Alternatively, he held that it happened that R' Akiva picked the Esrog after the fifteenth of Shvat, and not the first as we earlier recorded.)

71) [Tosfos says: it seems from here that we follow vegetables according to when they're picked. However, in Mesechta Shvious we taught that all vegetation is permitted except for cabbage, and in Pesachim, we're taught the opposite; and R' Shimshon reconciles that the first Halacha refers to one that starts growing in the sixth year and is picked during Shvious, and the latter Halacha refers to a case where it starts on Shvious and is picked during the eighth year. So, we seem to follow, by most vegetation, when it starts growing, and not when it's picked. Tosfos answers: as we explained earlier (regarding Shmuel's position by rice and millet) that we never follow picking per se, but when it finishes growing. Therefore, if they grew completely on the sixth, but it wasn't picked until Shvious, it's permitted. This is true both to R' Akiva and R' Yossi Haglili. After all, if it finished growing before Rosh Hashana, it grew from the rain of the sixth year, and also, since you don't irrigate it anymore, it's no longer considered as growing “from all water” (even irrigation).]

Daf 15

72) Even according to R' Gamliel who says that the Esrog resembles vegetables and follows when they're harvested, but its Rosh Hashana is still the fifteenth of Shvat like trees.

73) When we say that the trees' Rosh Hashana is Shvat, that means the month Shvat, and not the season of Shvat (i.e., midwinter, just in case their not synced). [Tosfos says: even though we see that fruit is ripened by the sun, as it says in V'zos Habracha “from the delicacies of the sun's crops,” (so you should follow the solar year), but it's also ripened by the moon, as it says “from the delicacies of what the moon takes out.” Also, Jews always count by the lunar year.] Also, even in a leap year, we follow the month of Shvat, and not the first Adar that's in the slot where Shvat should be.

74) R' Hamnuna says: an Esrog that starts growing on the sixth year and goes into Shvious is obligated in Maasar, and exempt from Biur (getting rid of Shvious food after it doesn't exist anymore in the fields). However, if it's starts on Shvious and finishes in the eighth year, it's obligated in Biur and exempt in Maasar. He holds that an Esrog always follows when it's formed. Rabbah says: an Esrog that starts growing on the sixth year and goes into Shvious is exempt from Maasar and Biur. However, if it's starts on Shvious and finishes in the eighth year, it's obligated in Biur, and exempt in Maasar. [Tosfos says: we can explain Rabbah even if he doesn't hold of the Rabanan earlier that you follow the forming for Shvious and the harvesting for Maasar, (Bach: and the only reason it's exempt from Maasar on the eighth year, since the Torah says it's Hefker for Shvious.)], we can say he holds that we always follow the forming, but you're still exempt by an Esrog that was formed on the sixth from Maasar, since everyone comes in the orchard during Shvious and handling all of its fruits, (it becomes like Hefker that's exempt from Maasar).

75) We find a Tanna not like them, R' Shimon, who says that it's not obligated in Maasar or Shvious unless it was formed and harvested at a time that it would be obligated in them. [Tosfos says: even though regularly, by Maasar, we follow when it was formed to say if it's obligated in Maasar Sheini or Ani, or if it's produce from the previous year, or from the present year; but here, where it's Shvious and everyone is handling the fruit, it's exempt because it's Hefker. We ask from R' Shimon about Shvious, although we find many Tannaim who don't hold that both the forming and harvesting must be during Shvious, but, perhaps R' Shimon is saying this only by Biur, or by an Esrog, and there may be a reason that these variables are different, and we don't find that those Tannaim argue explicitly by these variables.] However, we find that a Braisa that Avtulmos who holds that you follow the harvesting for Maasar, and forming regarding Shvious, and the rabbis of Usha hold that they follow the harvesting regarding every aspect. (Therefore, we say that R' Hamnuna and Rabbah held like Avtulmos.)

76) R' Yochanan and Reish Lakish say that an Esrog that starts growing in the sixth that went into the seventh year has the status of a sixth year fruit. When Ravin came from Eretz Yisrael, he quoted R' Yochanan that even if the Esrog only grew a Kezayis on the sixth, and grew during Shvious to the size of a Kikur (i.e., large amount), it's Tevel (before you separate Maasar). [Tosfos says that a 'Kezayis' is not exact since it's from the time it's formed. Alternatively, it's not considered properly formed before it's as big as an olive.]

77) We have a Braisa that we follow Maasar from the time it was formed, and it depends if it was formed before, or after, the fifteenth of Shvat. R' Nechemya says: that's only by trees that you don't harvest all the fruit together, but if you do harvest all the fruits at one time, it follows the harvesting. R' Yochanan says that the nation is accustomed to do like R' Nechemya. [Tosfos: either it's defined like it is in Taanis, that if someone does like him, he doesn't have to go back and do it correctly like the Tanna Kama. Or, it's defined like it is in Pesachim that you may L'chatchila do like R' Nechemya.]

78) Reish Lakish asks on him from the Mishna that says the fruit of the “Bnos Shuach” tree (that takes three years for the fruit to finish growing), the crop of the second year of the Shmita cycle has the status of Shmita fruit [Tosfos: despite that it's harvested at the same time]. Therefore, we always follow when it's formed like the Rabanan who are a majority, and not like R' Nechemya who's an individual opinion. [Tosfos adds: also, R' Yochanan should hold like this since he holds the Halacha is like an unnamed Mishna. Therefore, even if someone does like R' Nechemia, we should force him to go back and do like the Rabanan.] R' Yochanan was quiet and didn't answer back. We don't know if he did this because he admitted to this, or because he didn't bother answering (since it's obvious why it's not a good claim). After all, you can't compare Shvious that's a Torah obligation with Maasar that’s only rabbinically obligated.

Daf 16

79) R' Yishmael says that the world is judged four times a year. They're judged on their grain during Pesach, on their tree fruit on Shvuos, on the rain during Sukkos, and on himself (in general) on Rosh Hashana, (and the final decree is on Yom Kippur). R' Yehuda says that everything is judged on Rosh Hashana, and the times mentioned above is only regarding the final decree. R' Meir says that everything is judged on Rosh Hashana and has the final decree on Yom Kippur. R' Yossi says that he's judged everyday. R' Nosson says: he's judged every hour.

80) Every happening that's before the final decree was judged on the year before, and what happens afterwards was decreed this year. The practical difference: if he finds himself successful during a year, you should try to do more of it that year (since you were decreed to have a successful year).

81) That, which we pray for the sick to get well every day, [Tosfos: and for rabbis not to become sick] is only according to R' Yossi, (since the others say it won't help since the final decree happened). [Tosfos explains: of course, you can pray for someone already sick that they should get well. As we see even R' Yehuda says that, when you visit the sick, you should say “Hashem should have mercy on you.” Also, we Daven “Rifaeinu and Baruch Aleinu.” We must say that the decree was when he'll get sick (and it wouldn't help to pray that he shouldn't become sick), but it's not decreed when he'll get well. Regarding Baruch Aleinu, it was decreed how much rain will fall, but even if it's a little, you can pray that it will fall at the most strategic times. Alternatively, that everyone agrees that when a community prays together, it can rip up the decree, and when you pray for the sick, since you include all the sick, it's like praying for a community that can rip up the decree.] Alternatively, it could be like all the other opinions, and it's as R' Yitzchok says; screaming out is useful after the final decree as before the final decree.

82) One blows with a ram's horn on Rosh Hashana. [Tosfos points out that it's like R' Yehuda in the third Perek, you blow with a bent ram's horn.] This is in order to remind Hashem of the Akeida of Yitzchok. We blow when we're sitting (before Musaf) and when we're standing (during Musaf).[Tosfos explains: it's not a problem of Baal Tosef when you do a Mitzvah twice, like we take the Luluv multiple times.] We do this to mix up the Satan [Rashi: since he sees the Mitzvos are so dear to the Jews. Tosfos: so that he should think the second blowing is the great Shofar of Mashiach, and death will be “swallowed up forever” and he'll be too worried and confuse to prosecute].

83) There are three things that bring up the sins of a person (in his judgment); one is passing under a leaning wall (that might collapse, and he's like saying that he's worthy to have a miracle happen to him, so they scrutinize him more.) The second is looking into Daveining. [Tosfos explains: that he didn't look in, i.e., he didn't concentrate on what he's saying. However, Tosfos explains: he looks for when his requests will be granted for the reward of Davening so well. This fits in better, since all the other things are people relying on their merits.] The third is to give over to Hashem to punish someone who wronged you [Tosfos: that you consider yourself great enough for Heaven to punish someone for you.]

84) Heaven rips up decrees by giving Tzedaka, crying (i.e., praying), changing your name and changing your actions. Some say that changing your location also helps like Avraham who left his father's land. However, the first opinion held it's no proof, since it was the merit of Eretz Yisrael that helped him, and not just moving to anyplace.

85) Someone is obligated to greet his Rebbi, and to make himself Tahor for Yom Tov.

86) There are three Sefarim open on Rosh Hashana. One for the complete Tzadikim who are written and sealed immediately to life. Another for the complete Rashaim who are written and sealed immediately to death. The third one is for the average people who's decree is suspended until Yom Kippur. If they merit, they'll be signed to life. If they don't merit, they're signed to death. [Tosfos says: this refers to eternal life. After all, there are many Reshaim who have a good life in this world in order to totally remove them from the next world, and the opposite to Tzadikim, as it says in Kiddushin.]

87) Beis Shammai says that there are three groups for the day of judgment [Tosfos: for after Techiyas Hameisim]. Complete Tzadikim are written and sealed immediately to life for eternal life. [Tosfos explains: it's possible that they already received any punishment that they deserved after their death before this final judgment, so they can immediately receive their reward right away.] Complete Rashaim are written and sealed immediately to death. Average people go to Gehenim for an hour, cry, and are lifted out. Beis Hillel says that the Pasuk says “much kindness,” i.e., Hashem tips the scale towards kindness. Thus, if someone has half Mitzvos and half sins, Hashem brings him in to eternal life unless he has a sin with his body, like if he didn't put on Tefilin on his head. [Tosfos says: someone who learns Torah is like he's wearing Tefilin, since he's exempt from wearing Tefilin. R' Tam qualifies this “sin with his body” that if he doesn't wear it since the Mitzvah is disgraceful to him. However, if he doesn't wear it since he's under the impression that he can't have a clean body to wear it, he's not considered that he sinned with his body.] Only if he has more sins than Mitzvos he doesn't have any way out if he has “sins with his body.” [Tosfos says: if he doesn't have “sins with his body,” he's judged twelve months in Gehenim, and is lifted out.]

Daf 17

88) If you have a leader who place fear on the community without having a motive that's for the sake of heaven, he won't have a son that's a Talmid Chachum.

Daf 18

89) Beis Din's agents went out to inform the populace of what day they established Rosh Chodesh for six of the months. They went out on Nissan so that they'll know when Pesach will be. [Tosfos points out that they didn't need to go out on Sivan for Shvuos, since that depends on the days from the Omer, and not on Rosh Chodesh Sivan.] They went out on Av so that they'll know when Tisha B'av will be. They went out on Elul so that they'll know when Rosh Hashana will be [Tosfos: that it will take place on the thirtieth and thirty-first day from Rosh Chodesh Elul.] They went out on Tishrei so that they'll know when Yom Kippur and Sukkos will be. They went out on Kisliev so people will know when Chanuka will be. They went out in Adar so that they'll know when Purim will be. In the times of the Beis Hamikdash, they went out also for Iyar so that they would know when Pesach Sheini will be.

90) They didn't go out on Tamuz and Teves so that people will know when the fast days are, since they're really voluntary, even when they're not days of peace, as long as they're not days of harsh decrees from the kingdom. (However, they're joyous days in days of peace, and they're obligated fasts during days of harsh decrees.) They only made Tisha B'av an obligation even if there are no decrees, since many bad things happened then. As both Beis Hamikdashs were destroyed, Beitar was captured, and the non-Jews plowed over Yerushalayim. [Tosfos says: although many tragedies happened on the seventeenth of Tamuz, it was harsher on Tisha B'av since it was the destruction of the Beis Hamikdash. Alternatively, it was harsher since the same tragedy happened twice.]

91) The Pasuk says “the fast of the fourth (month) the fifth (month), the seventh (month) and the tenth (month).” R' Akiva says that the fast of the tenth month is the tenth of Teves when they seized Yerushalayim. Although it was the first step of the destruction, it's listed last in the Pasuk since it was listing them according to the order of the months. R' Shimon says that the Pasuk should list them in chronological order of the tragedies, so it must be the fifth of Teves, when the news of the Beis Hamikdash's destruction reached the Diaspora.

92) There is an Amoraic argument, (which turns out also to be a Tannaic argument), whether, after the Churban, the rabbis canceled the Megilas Taanis, (i.e., which days you can't fast in celebration of some miracle). Do we say that they canceled it like they canceled the above four fast days from being joyous after the destruction of the Beis Hamikdash, when it's no longer a time of peace. Or do we say that we can't compare it to the fast days, since those days are dependent on the Beis Hamikdash.

93) Everyone agrees that Chanukah wasn't canceled (although it was part of Megilas Taanis). [Tosfos explains: not only from the Mitzvah of lighting, which is simple that it wasn't canceled (as we said in the Mishna that they needed to inform people when Chanukah starts after the Churban for at least that reason); but it comes out that they didn't cancel it from being a Yom Tov] as we see that R' Eliezer and R' Yehoshua refused to fast when they decreed a fast on Chanukah, and made those who fast to fast a second time to atone for what they fasted on Chanukah. This is because its miracle was publicized. (I.e., it was part of the Jewish experience since they lit the Menorah all those years and adhere to it like Torah law, it wouldn't be proper to cancel it.)

94) A Torah Yom Tov doesn't need to be strengthen, (since everyone keeps them properly), so they allowed fasting on the day before them, and the day after them. [Tosfos says that it's like R' Yossi in Eiruvin who says that you can finish a fast on Friday. Alternatively, it can also be like the Rabanan, despite not allowing to finish the fast on Friday, they allow to start a fast on Friday.] (A Yom Tov that was established in Nach is like it was established in the Torah, and doesn't need strengthening.) However, rabbinical Yom Tovim need strengthening, so they forbid fasting the day before and the day afterwards. [Tosfos qualifies: it's forbidden to fast, but it's permitted to eulogize, (unless it's sandwiched between two rabbinical Yom Tovim, which we give it the status as if it was a Yom Tov, and you wouldn't be able to eulogize, as we say in Mesechta Taanis). You can't even fast for part of the day. Although we see that the Bnei Sinav fasted part of Tisha B'av when it was pushed off to the tenth, and it was a rabbinical Yom Tov for that family (since they donated wood to the Mikdash) as we see in Eiruvin; that's because Tisha B'av is a much stronger need to fast since it's an obligated fast. (However, the Gemara still brings a proof that, if they finished the fast of Tisha B'av on Friday, the same would apply to all voluntary fasts; that's because Tisha B'av doesn't supersede Shabbos, so we prove finishing a fast on Friday is not equivalent to fasting on Shabbos just because you're entering Shabbos hungry.)]

95) They made a rabbinical Yom Tov on the third of Tishrei since they stopped the practice of writing the name of Hashem in documents, (which might lead to having the name lay in disgrace in a garbage heap after the document wasn't needed anymore, and they felt that it would take a miracle to stop the people who were very enthusiastic about the idea from doing so). Although, according to the opinion that these Yom Tovim are only when the Beis Hamikdash stood, and while it stood, the third of Tishrei was a Yom Tov anyhow, since it's Tzum Gedalya during the time of peace (i.e., when the Mikdash stood); but you accomplished that you forbid fasting on the day before and after. After all, you can't say that the day before is forbidden since it's anyhow the day after Rosh Hashana, since you don't forbid fasting after Torah Yom Tovim. You can't say they're forbidden anyhow since it was Tzum Gedalya, since it's written in Nach, it has the same status as Torah Yom Tovim.

Daf 19

96) The Halacha is: Megilas Taanis was canceled except for Purim and Chanukah.

97) A glass utensil that got a hole, and it was plugged up by pouring molten led in it; R' Meir holds it's Tamai, and the Chachumim say it's Tahor. [Rashi's first explanation: it's referring to Tumah that it had before it got a hole, and if it has the status of metal, we'll say that they enacted that the old Tumah comes back. Tosfos asks: since it wasn't metal when it was Tamai, even if it becomes a metal utensil now, why would the old Tumah come back? Rather, Tosfos says that the Tosefta implies like the second explanation of Rashi, that they argue if it becomes Tamai from the Torah like a metal utensil, or rabbinically, like a glass utensil, (and Tahor means from any Torah Tumah). They argue whether to follow what's holding up the utensil, or to follow the main utensil. As this is the argument there between R' Meir and R' Yochanan b. Nuri by a stone utensil that had a hole plugged up by lead. Alternatively, everyone here agrees to R' Meir there by a stone utensil, that you follow the lead since stone utensils don't have Tumah itself. However, since glass has a rabbinical Tumah, the Chachumim decided that it's more apt to give it the status of the material of the actual utensil than what's holding it up.]

98) The reason Beis Din's agents went out by Tishrei, even though we should assume that it was on the first day, since, from the days of Ezra, Elul was never made into a full thirty day month; that's only if it wasn't needed, but they did make it a full month when necessary. Even though it will ruin Rosh Hashana [Tosfos: since it will force us to keep a two day Yom Tov]; however, it's worth it so that the Yomim Tovim shouldn't be ruined by falling out on the wrong day. [Rashi explains “needing to make it full”: if we're afraid of a “two days” of Shabbos and Yom Tov that will make the picked vegetables wilt, and the corpses that died on the first day to decompose, as we'll bring soon. However, Tosfos disagrees, since corpses is only a problem by Yom Kippur and not by other Yomim Tovim, as we'll say. Also, it's only a problem if Rosh Hashana would fall out on Sunday, Wednesday, or Friday. Therefore, they wouldn't need to make two days of Rosh Hashana, since it's obvious to only make the second day Rosh Hashana if the first day falls out on those days of the week. Rather, Tosfos explains: it's needed when no one witnessed the new moon on the thirtieth, and they don't want to make it necessary to threaten two men to say testimony on it anyways in order that Rosh Hashana will fall out on the first day, since it will ruin the Yom Tovim since it won't be counted by true witnesses' testimony.]

99) Our Mishna doesn't say that Beis Din sends agents out for Adar Sheini. However, Rebbi says that they sent agents for Adar Sheini because of Purim. [Tosfos says: according to our Mishna that no agents go out for Adar Sheini, the way that the countrymen know that they decided to make the year a leap year (if they didn't decide to make one before the last agents went out) is the fact that no agents came out for Nissan, it must be because they made it into a leap year and it's the second Adar.] We can say that they argue whether the Mitzvos of Purim are done during the first Adar, or during the second Adar.

100) Alternatively, we can say that everybody holds that you do the Mitzvos during Adar Sheini, and they argue like the following Tannaim: The Tanna Kama says that the first Adar is always thirty days, (so you don't need to inform anyone when Adar Sheini starts). R' Shimon b. Gamliel says that it's sometimes thirty days, and sometimes twenty nine days. (Therefore, you need agents to inform when Adar Sheini starts.)

101) R' Yehoshua b. Levi quotes the holy community of Yerushalayim: both Adars are short months. However. R' Simai quotes Zecharia, Chagai and Malachai: you can have any mix of the variables, i.e., they both can be full, or short, or one full and one short. However, Rabeinu says that you can assume that the first months short until witnesses who came from the great Beis Din testify that the first Adar was short.

102) They sent to Mar Ukva that the Adar next to Nissan is always a short month. However, this was disproved from the fact that saying testimony for the new moon on Nissan supersedes Shabbos. You can't say that it's in order to fulfill the Mitzvah of establishing the month according to witnesses. After all, the Mishna says that it supersedes Shabbos for all the months when the Mikdash stood in order to bring the Korbanos of Rosh Chodesh on the correct day, implying, but not nowadays. However, if the need to Mekadesh through witnesses supersedes Shabbos, then they should supersede by every month even nowadays. Rather, we must say that, for Nissan (and Tishrei) are special since they need to be established on the right day, so they would Mekadesh Nissan on the thirty first day. [Tosfos says: they could have asked from our Mishna that the agents went out to inform when Nissan started, and we don't just say that it always falls on day thirty. Tosfos concludes: even though he was disproved, but that was just in the days that they Mekadesh through witnesses; but now that they have established the calendar by themselves, they always make the first Adar full, and the second one short. As the Yerushalmi says: since the first Adar is the extra month, it should be the full month.]

Daf 20

103) R' Acha b. Chanina holds that you make Elul a full month to make sure that corpses won't rot if Shabbos and Yom Kippur will fall out next to each other (and you can't have it buried on those days). Ulla says: even to prevent Yom Tov and Shabbos falling next to each other, to prevent the problem that the vegetables will wilt on the second day. (However, R' Acha held that you can return it to its original freshness by soaking them in warm water.)

104) They both agree that Yom Kippur can't fall out next to Shabbos because of the corpses. They argue whether Shabbos can be next to Yom Tov, [Tosfos: i.e., to fall out after Yom Tov, but, anyhow, it can't fall out before Yom Tov, since then Yom Kippur will be on Sunday, which you would need to push it off because of the corpses.] (After all, you don't need to worry about corpses on Yom Tov since they allow to get them buried through non-Jews.)

105) The reason you can make Elul an extra day (even if it should be short), even though Rabbah b Shmuel taught a Braisa that you don't make an extra day to a month (if there are witnesses who saw the moon on the first day) since the Pasuk says “this month” i.e., you see the moon this way, and you make it Kodesh; we must say that it really says that you're only not allowed to make it Kodesh if you didn't see, (since you may only do so if you see the moon like this. However, you can push it off a day even if you saw it.) This is like R' Yehoshua b. Levi who says that you don't force a short month (by threatening people to testify falsely), but you can extend a month if necessary (to threaten witnesses not to testify on the first day). Although R' Yochanan threatened witnesses not to testify on the first day, we need to differentiate between Tishrei and Nissan and other months. [Rashi says that you may tweak Tishrei and Nissan to make sure that the Yomim Tovim fall on the right days. However, other months you can't change them even if you need there not to be more then eight full, or eight short, months in a year. Tosfos says: others say the opposite, (that you need to be more honest by Tishrei and Nissan since the Yomim Tovim rely on it.)]

106) Rava answers: the Braisa of Rabbah b. Shmuel is according to Acheirim, (and we don't hold like him), that you don't tweak the months for any reason. All months are the same every year, and they alternate between full and missing. Therefore, each Rosh Hashana is four days later in the week than the previous one, and by a leap year, it's five days later. [Tosfos adds: they add an extra day every thirty years.]

107) R' Dimi from Nahrdai taught the opposite. You can threaten people to testify on the thirtieth, since it doesn't seem to people to be a lie. After all, just because they didn't see the moon, it doesn't mean that no one did. However, you can't threaten witnesses not to testify that they saw on the thirtieth since it looks like a lie, since everyone saw the moon on the thirtieth night.

108) The new moon is invisible for twenty four hours in every location. It's invisible to the Babylonians in the East for six hours before the Molad, and eighteen hours after the Molad. It's invisible in Eretz Yisrael in the West for eighteen hours before the Molad, and six hours after the Molad.

109) Therefore, if you see the old moon during the night of the thirtieth, you can't be Mekadish it that day, since you know that the new moon will not be seen before sunset on the next day, but only on the next night. [Tosfos adds: we don't threaten people to testify on a new moon that they didn't see unless the old moon wasn't seen in the beginning of that night.] Therefore, if the Molad is before midday, it's possible to see the new moon before sunset. However, if it's after midday, the new moon can't be seen before sunset, and you can use it to disprove witnesses that claim otherwise.

110) That, which you can't see the old moon from the night before; R' Yochanan learns it from what it says on Yom Kippur “from evening to evening.” (So we see that the day follows the night, and not the opposite, and that, if you have the old moon by the night, you can't have it anymore to be the next Rosh Chodesh, since it follows the night.” Reish Lakish learns it from “(you eat Matzos) until the twenty first day (of Nissan) until evening.” Abaya says that they're not arguing about practical Halachos, but which one is the more apt Drasha to make. Rava says that the practical difference between them is midnight. [Rashi explains: since Reish Lakish's Pasuk only refers to voluntary Matzah eating, that only starts after midnight on the first night, since the eating Matzah before midnight is obligatory. Therefore, you can threaten people to testify that they saw the moon before sunset unless the old moon was seen after midnight.]

111) [However, Tosfos asks: why are we only worried about when the people in Eretz Yisrael can, or can't see it, and we're not worried when the people of Bavel can't see it? After all, the Pasuk cares that you can't see the moon that day. Also, the old moon is never seen in the beginning of the night.

There are those who want to say that the Molad must start on the twenty-ninth so that the whole thirtieth, both night and day, should be during the new Molad. However, the custom is not that way. We make the thirtieth day Rosh Chodesh even if the Molad falls out before midday on the thirtieth.

Others explain: you need to have the “night and the day” in the new moon, and not “the day and the night.” So, if the Molad happened before midday, and thus Beis Din sanctified the month, then the night before it was retroactively sanctified along with it. However, if the Molad is after midday, and the moon won’t be seen today, then they only sanctified the next day, and the day before doesn’t become sanctified retroactively along with it (since the day follows the night, but the night doesn’t follow the day before it, but is a new day). This comes out to explain R’ Simlai’s father (and there is no argument).

However, Tosfos concludes that the Gemara’s statement “the difference between them is midnight” doesn’t fit well to this explanation. After all, there is no opinion that Yom Tov or Rosh Chodesh doesn’t start at (the beginning of the night) when it gets dark.]

112) The people in Bavel only need to worry to keep the fifteenth and sixteenth as Yom Tov, and not the fourteenth just in case Av and Elul were both short months. After all, since it's very uncommon, if it happens, rumors would have reached them that it happened.

Daf 21

113) You don't testify to the people of the Diaspora that Beis Din made Elul a full month unless you heard directly from Beis Din that they said “Mekudash, Mekudash,” even if you were there on the thirtieth and there wasn't enough time left to Mekadesh it. [Tosfos says: the reason the people of the Diaspora don't need to worry about this testimony regarding not to eat on the eleventh; they can rely on their own calculation since it's part of what the Torah allows to rely on how Beis Din calculates the month even if they made a mistake, or if they purposely changed it. However, this is only by establishing the months, but not by establishing a leap year. Therefore, Chizkiyahu did Teshuva for mistakenly making a leap year on the thirtieth of Adar, since the Torah requires to make it the day before it's able to be Nissan.]

114) R' Yochanan says: a city that Beis Din's agents reached in Nissan in time for Pesach, but not in Tishrei in time for Sukkos (since it has Rosh Hashana and Yom Kippur that the agents can't travel); they decreed that they need to keep two days of Pesach to make sure that they would keep two days of Sukkos (and wouldn't just say that they never keep two days).

115) If the winter season stretches until the sixteenth of Nissan, you need to make a leap year. After all, you need the spring season in the month of Nissan. [Rashi explains: you need it to fall in the Chadash (i.e., the new part) of the month, which is on the fourteenth. Therefore, it wouldn't help if you made Adar a day longer, since the spring would still fall out on the fifteenth, shy of the fourteenth. Tosfos disagrees. After all, in Sanhdrin regarding Kiddush Levana, we say that the “new part” of the month includes the fifteenth. Rather, the Gemara is saying that it will fall on the sixteenth even with extending Adar an extra day. Alternatively, we say that the winter stretches until the sixteenth, it means that the last day of winter is the sixteenth. Therefore, even if you make Adar a day longer, the last day of winter would be the fifteenth, and you need spring to arrive by the fifteenth. You can't say to make Teves also an extra day, since you can't have more than seven full months in a regular year (that's not a leap year).

Although the Gemara in Sanhedrin says that you don't make a leap year with only the calculations of the seasons, but it must include another factor, that the grain, or the fruit, are not mature enough as it should be at the beginning of Nissan, (and even according to R' Shimon b. Gamliel's opinion, it's an unresolved inquiry whether you can make a leap year from the season by itself); we must say that was the fall season, and not the spring season. However, this needs some explanation to differentiate, since both seasons must fit into their corresponding times, and they're both learned from a Pasuk.]

116) The testimony of two months supersede Shabbos, for Nissan and Tishrei, since the Yomim Tovim are within them. Beis Din's agents went to inform (when was Rosh Chodesh) all the way to Suria. They can't testify when it fell out until they heard from Beis Din explicitly “Mekudash.” (However, by other months, if the moon is seen clearly on the night of the thirtieth, the agents can go out and say that Rosh Chodesh was on the first day, or if witnesses didn't show up at the end of the thirtieth, they can testify that it's a long month. [Tosfos says: however, because your trying to fit the Yomim Tovim on the right days, you can't testify that Rosh Chodesh was the first day just because you saw it clearly on the night of the thirtieth, since they might force it to be pushed off a day. They didn't even allow to testify that Rosh Chodesh was the second day if no witnesses showed up on the thirtieth since, if we allow that, they'll come to testify if they saw the moon clearly on the thirtieth. (After all, they're very similar that they can usually go out and testify for both.)]

117) [Tosfos explains: there is a definite reason why they need the witnesses to come say testimony on Shabbos, so they gave permission to desecrate Shabbos for it. After all, if Rosh Hashana fell on the next day, Sunday, then Hoshana Rabbah will fall out on Shabbos, which it shouldn't. However, they also needed to allow it by Nissan. Besides that they want to set up the Yom Tov in the right day, but we can combine another weaker reason] if they make Rosh Chodesh on Sunday, they can't go out until the next day when they hear Beis Din say “Mekudash.” Therefore, they lost a half of day of travel, and then they would lose another day travel, since the fourteenth will fall out on Shabbos. Really, from the Torah, coming to say testimony on the new moon supersedes Shabbos, but the rabbis only allowed us to rely on this Torah law by Nissan and Tishrei.

118) In the times of the Mikdash, it superseded Shabbos by all months, since they needed to establish the right times to bring the Korbanos (of Rosh Chodesh).

119) The Tanna Kama says: you can desecrate Shabbos to come to say testimony even if it's a clear night (and you might assume that others have seen the moon and you don't need to desecrate Shabbos to come to testify). R' Yossi only allows when it wasn't a clear night (and you cant assume that others saw).

120) Once witnesses showed up, you can't prevent them from walking more (since they're out of their T'chum) since that would prevent them from ever coming again.

Daf 22

121) The Tanna Kama says that a father and son can't testify together about the moon. R' Shimon permits since the Pasuk says that it was given to Moshe and Ahron, who were brothers. However, the Tanna Kama held that the Pasuk was just giving them examples of who should take care of it, i.e., the important people of the generation.

122) Even according to the Tanna Kama, if a father and son see the moon, they both come. After all, when they come, one of them can combine with a second witness to testify. Even if the first one stumbles in his testimony and can't be accepted, the second one can take his place.

123) There were those who held that a freed slave is Pasul from testifying on the new moon [Tosfos: as it says to Moshe and Ahron “to you,” i.e., to people with Yichus like you.]

124) These are the people who are Pasul to testify [Tosfos: i.e., rabbinically Pasul]: a gambler [Tosfos: according to the opinion he's Pasul because he doesn't have a job that benefit society; it's definitely only Pasul rabbinically. However, even according to the opinion that holds that winning gambling doesn't acquire the object, and it's stealing if he takes it; still, since he doesn't view himself as stealing since the other person is allowing him to take it, it's only Pasul rabbinically.] Also, someone who loans with interest [Tosfos: is rabbinical if they didn't make up a set amount of interest to give at the loan. Alternatively, he's under the opinion that it's only forbidden if he forces payment by grabbing a collateral, but not if it's given willfully. Therefore, it's only Pasul rabbinically.] Also, someone who “flies doves.” [Tosfos: according to the opinion that it's racing doves, this is like gambling. According to the opinion that they fly doves into other people's doves to confuse some of them to go with your doves, it's not real stealing (since it's not really owned because there was no true acquisition made on them), but it's only forbidden to take from one another because of “going in the ways of peace.”] Also, those who do business with Shvious fruit. [Tosfos: it's rabbinical like Rebbi who says Shvious these days is only rabbinically forbidden. Alternatively, it's only referring to rabbinical business, like when you scatter money to the poor to gather fruits for you, and , from the Torah, it's considered as they're your agents, so it's not that they're selling it to you. (Although we find many places in the Gemara that allows selling Shvious fruit; that's only when you picked them to eat, and you have leftovers. Alternatively, you can buy it to eat, but you can't buy it at a low price to sell it at a higher price.]

The Mishna also says that slaves are Pasul to testify [which is Pasul from the Torah. Although the theme of the Mishna is: which people did the rabbis Pasul; but a slave is a special Chiddush that the Torah Pasuls since he's not Pasul for any sin, I might say they're valid for testifying on the new moon the same way that R' Shimon validates relatives.]

125) However, these people may testify on the death of a husband in order to allow his wife to remarry, just like we believe a woman.

126) If somebody saw the new moon on Shabbos, if he can't walk to Beis Din by himself, he rides a donkey. He can, if necessary, be carried there on a bed. If there are robbers on the way, you give him a staff (to defend himself). If it's far away, you provide him with food. He can only desecrate Shabbos (if he can still testify on Shabbos), so he can't live more than a day's travel from Beis Din. [Tosfos adds: he can desecrate Shabbos to even testify that the witnesses are reliable (if Beis Din doesn't recognize them).]