Saturday, January 28, 2023

Why two days Yom Tov outside Israel and one day Yom Tov in Israel? The answer to this question depends on the answer to another basic question, namely, how many days constitute a month in the Jewish calendar?

The rebirth of the moon, approximately every 30 days, determines the number of days in the Jewish month. The precise duration of the Jewish month is 29 days, 12 hours and 793/1080 parts of one hour. Because it is impractical to commence Rosh Chodesh in the middle of the day, the most pragmatic thing to do is to alternate the months of the year between 29 days and 30 days, respectively. That is how it is done today. A 30 day month is called “Maleh” and is born with two days of Rosh Chodesh. A 29 day month is called “Chaser” and is born with one day of Rosh Chodesh.

Whether a month is Chaser or Maleh makes a crucial difference to our Jewish lives. If, for example, one mistakenly believed that the month of Elul was Maleh, when, in fact, it was Chaser, one might find oneself eating on Yom Kippur and fasting on a weekday. If one mistakenly believed that the month of Adar was Maleh, when, in fact, it was Chaser, one might find oneself eating bread on Pesach.

So who decides which month is 29 days or 30 days? Today, it is decided by the Jewish calendar, instituted in 385 CE, by Hillel II, the Nasi of Israel.

Prior to that, during the time of the Second Temple, a Chodesh Chaser was determined by the empirical evidence of two witnesses, who testified in the Jerusalem Court of law, the Beit Din, that they had seen the new moon on the 30th day. Once their testimony was accepted, the thirtieth day, counted from the previous Rosh Chodesh, was declared the Rosh Chodesh of the new month. If no witnesses came on the 30th day, Rosh Chodesh was declared, by default, on the 31st day, rendering the previous month a Chodesh Maleh. At first, the news of a Chodesh Chaser was spread on the night of the thirtieth by means of torching beacons on mountain peaks. If no torches were lit, all understood that the month was Maleh. The Cutheans, however, disrupted this system by torching beacons on days when the Jerusalem Bet Din had not declared a Chodesh Chaser. In this situation, the only alternative was to dispatch emissaries to outlying districts, in the hope that they would arrive with the news of the Chodesh Chaser, before Yom Tov. In the case of Rosh Chodesh Nissan, for example, the emissaries would have 14 days to arrive before Pesach. Those communities, too distant from Jerusalem for the emissaries to arrive before Yom Tov, such as communities in the Diaspora, were forced to hedge their bets and keep Yom Tov for two days. These two days are called Yom Tov Sheni Shel Galuyot. One of those days would genuinely be Yom Tov and one would not. Because at the time, they did not know which one was which, they kept both, out of doubt.

That was then. But now, we have Hillel’s calendar. There is no doubt. We know which day is Yom Tov. So why are we celebrating “Yom Tov” again on a “weekday”? The comforting, yet chilling answer is to be found in Tractate Beitzah. “Hold on to the customs of your ancestors,” the Talmud advises, “for someday, an oppressive government may confiscate your Jewish calendar and forbid you to teach it. Then, having forgotten the methods of your ancestors, you will lose track of the days, and eat bread on Pesach”. And so, in the darkness of Auschwitz and Soviet prisons, Jews, in our own day, have celebrated Yom Tov, based on the trustworthy tools of yesteryear.

Because the Second Day Yom Tov was kept, out of doubt, as to which day in fact was Yom Tov, the Rabbis permit one, under certain circumstances, to take advantage of the doubt. Thus, although Eiruvei Techumim for Shabbat can only extend the Techum Shabbat to a total of 4000 Amot in one direction, on Yom Tov (but not on Rosh Hashana), one may extend the Techum Shabbat to 4000 Amot in two directions in the following manner. One places one Eruv before the first day of Yom Tov, thereby extending one’s Techum on the first day of Yom Tov to 4000 Amot in one chosen direction. The following day one places a second Eruv before the second day Yom Tov, extending one’s Techum Shabbat on the second day Yom Tov to four thousand Amot in the opposite direction. Similarly, although an egg laid on a Shabbat preceding a Yom Tov may not be eaten on the next day of Yom Tov, because food cannot be prepared on Shabbat for Yom Tov, an egg laid on the first day of Yom Tov, may be eaten on the second. This is because one of the two days is not truly Yom Tov. Accordingly, the following logic may be applied. If the first day is truly Yom Tov, then the second day is a weekday and the Yom Tov restrictions are inapplicable. If the second day is truly Yom Tov, then the first day was a weekday and one may, of course, prepare food on a weekday to eat on Yom Tov.

Raphael Grunfeld, a partner at the Wall Street law firm of Carter Ledyard & Milburn LLP, received Semichah in Yoreh Yoreh from Mesivtha Tifereth Jerusalem of America and in Yadin Yadin from Harav Haga’on Dovid Feinstein, Zt”l. This article is an extract from Raphael’s book “Ner Eyal: A Guide to the law of Shabbat and Festivals in Seder Moed, available for purchase on the Artscroll website.

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