Reign Dates and Rosh Hashanah
Rabbi Kaganoff
Wishing Everyone a Kesiva Vachasima Tova!!
Reign Dates and Rosh Hashanah
By Rabbi Yirmiyohu Kaganoff
Question #1: Reign Date -- The First of Nissan
How can the first of Nissan be Rosh Hashanah? Is there a halachic concept of a new half-year, as in, the world is now 5784½ years old?
Question #2: The Birthday of Elsie the Cow
“Can Rosh Chodesh also be Rosh Hashanah?”
Question #3: The First of Tishrei
Why does the Mishnah refer to this date as “The first of Tishrei,” rather than its more popular moniker, Rosh Hashanah?
Question #4: Is it the First or the Fifteenth of Shevat?
Or, a more basic question -- why do the trees need a new year? Do they have a birthday party or shoot off firecrackers to celebrate?
Foreword
Mesechta Rosh Hashanah begins by declaring that there are four “new years” in the Jewish calendar year:
1. The first of Nissan is the new year for “kings and holidays.”
2. The first of Elul is the new year for tithing animals. This particular new year is disputed by the tanna’im Rabbi Elazar and Rabbi Shimon, who rule that the new year for tithing animals is the first of Tishrei.
3. The first of Tishrei is the new year for “years, shemittah, yoveil, planting, and vegetables.”
4. The first of Shevat is the new year for trees in Beis Shammai’s opinion, whereas Beis Hillel contends that it is on the fifteenth of Shevat.
Cutoff point
The word Rosh Hashanah is used by this Mishnah to mean a “cutoff point,” the date that separates one year from the next, germane to the particular laws mentioned. Each of these cutoff points has a halachic ramification. Let us look at these various categories.
Kings and holidays
In what way is the first of Nissan the “new year for kings?”
This requires an introduction, having to do with the needs of society to have efficient and reliable business practices. For a free-enterprise economy to function properly, it needs an established and accepted rule of law and a means for enforcing that law. This is axiomatic to economists and businessmen, and, indeed, the Torah established an efficient and reliable system for society to function properly. Among the requirements necessary are an effective system whereby debts can be collected and a means to enforce violations of contract law. These usually rely on written documentation, in halacha called shetaros. Should an individual or a business default on its obligations, halacha usually prioritizes outstanding financial commitments on a “first come, first served” basis. This means that an earlier debt is satisfied in full before a later one is dealt with. This makes it important to know the date that each obligation was created, so shetaros must be dated.
Establishing “reign dates”
Today, we use a standard accepted calendar, which makes it very easy to determine whose obligation was established first; however, that was not always the case. In the times of Chazal, dating of documents was usually performed according to the year of reign of the local monarch. This meant that, to know whose obligation was earlier, we needed to know the order of the monarchs. This is sometimes very easy to establish, since it is unlikely that Charles the 3rd reigned before Charles the 2nd. However, what might easily create confusion is when did the second year of Charles’ reign begin and when did it end? Using an actual date that Charles the 3rd assumed the throne, let me show you the difficulty that will result. If Charles assumed the throne on the 19th day of September, that date is now the 19th of September of the first year of the reign of Charles 3rd. But we now need to keep track that the 18th of September is the end of the first year of his reign, and that the 19th begins the second year of his reign. It is easy to see the problems that this creates.
Chazal avoided this problem by following an arbitrary date to begin the second year of a king’s reign. That means that, in the above example, the first year of Charles’ reign is only a few months long, and then the second year of his reign begins.
What date do we use as the arbitrary date for bumping a king’s reign to the next year? Chazal used the following approach: for Jewish kings they used the first of Nissan; after all, Pesach is the beginning of the Jewish calendar. This means that a Jewish king who ascended to the throne on the 29th of Adar reigns for only one day before contracts are dated “the 1st of Nissan of the 2nd year” of his reign. In other words, the “reign date” may have little to do with the actual number of months, days and hours that he has been king. Although this might (and at times certainly did) create confusion for historians, it keeps the contract and commerce world simplified and clear, which is why this system was established. After all, although historians are valuable, they are not that necessary for commerce.
For non-Jewish kings, Chazal used the first of Tishrei, the day we usually call Rosh Hashanah, as the cut-off date, and this explains the later statement of the Mishnah that the first of Tishrei is the new year for “years.”
For holidays
What does it mean that the first of Nissan is the “new year for holidays?”
Someone obligated to offer a korban must bring it in a timely fashion. There are two different mitzvos, each with its own timetable. The first is a mitzvas aseih that we should offer our korbanos before the first regel -- that is the three yomim tovim of Pesach, Shavuos and Sukkos -- passes. There is also a mitzvas lo saaseh of bal te’acheir, not to delay the offering of a korban (see Devarim 23:22). How much time does one have to offer the korban without violating this mitzvah?
Pesach, Sukkos and Shavuos, when we conduct pilgrimages to the Beis Hamikdash, provide an opportune time to satisfy any korbanos obligations. Although there are several tanna’ic opinions to the contrary, the Mishnah rules that one violates the lo saaseh only when one did not bring his korban before the three yomim tovim of Pesach, Shavuos and Sukkos have passed in that order. This makes Nissan the beginning of the year “for holidays” -- if he could have offered the korban on Pesach, he violates bal te’acheir when the following Sukkos passes. However, if he first became obligated to offer this korban after Pesach, he will not violate bal te’acheir until the second time the festival of Sukkos goes by, after Pesach has come in the interim, which starts the bal te’acheir clock running.
We now have the answer to our opening question: “How can the first of Nissan be Rosh Hashanah? Is there a halachic concept of a new half-year, as in, the world is now 5784½ years old?” The answer is that we are using the word “new year” to mean an annual cut-off point, and the first of Nissan functions as such for two distinct areas of halacha: determining the way legal documents are dated when we have a Jewish king, and when we must bring korbanos.
Elsie the Cow
At this point, let us examine the second of our opening questions: Rosh Chodesh Elul is the day we begin reciting LeDavid Hashem Ori in preparation for the Yomim Nora’im. Isn’t this a month too early to be Rosh Hashanah?
Indeed, this question is the subject of a dispute among tanna’im and the cause of a change of mind of the Rambam. As I mentioned above from the Mishnah, the first of Elul is the new year for tithing animals. This particular new year is disputed by the tanna’im Rabbi Elazar and Rabbi Shimon, who rule that the new year for tithing animals is the first of Tishrei.
Let me provide background on this mitzvah: In Parshas Bechukosai (Vayikra 27:31), the Torah teaches about the mitzvah of ma’aser beheimah, tithing animals. When the Beis Hamikdash is standing, a farmer’s newborn calves are gathered together and sent through a narrow passageway or opening. The owner counts his animals, one at a time, marks the tenth one with a red dye and declares the animal to be ma’aser beheimah. Counting the tenth animal is what makes it kodosh as a korban. Until and unless the farmer counts his animals in this procedure, there is no kedusha on any of the animals in his herd (Mishnah Bechoros 58b). The farmer performs the same procedures with his newborn kids (baby goats) and lambs (together).
Just as one is required to separate terumos and ma’asros on produce each year separately, counting and designating ma’aser beheimah is only within each year’s “crop” of newborn animals, not from one year on the previous or following year (Mishnah, Bechoros 53a; Gemara ibid. 54a-b). How do we determine the difference in “crop years” of animals? That is the dispute between the first tanna in the Mishnah and Rabbi Elazar and Rabbi Shimon. The Tanna Kamma rules that the annual cutoff point for ma’aser beheimah is on Rosh Chodesh Elul, whereas Rabbi Elazar and Rabbi Shimon rule that it is on the first day of Tishrei, the day that we usually call Rosh Hashanah. What is very interesting is that the Rambam and the Bartenura in their respective commentaries on the Mishnah rule like the Tanna Kamma. However, in the Mishneh Torah, the Rambam rules like the second opinion, that of Rabbi Elazar and Rabbi Shimon, that the cut-off date for ma’aser beheimah is the first day of Tishrei. This means that, although the Mishnah opens by stating that there are four Rosh Hashanahs, we rule, like Rabbi Elazar and Rabbi Shimon, that there are only three.
Years
Above, I quoted the Mishnah’s statement that the first of Tishrei is the new year for “years, shemittah, yoveil, planting and vegetables.” What is meant by years, when I have already explained that the equivalent of our calendar year was expressed in terms of the number of years of the king’s reign and was increased automatically on the first of Nissan (in order to avoid confusion)?
As I mentioned above, for Jewish kings, Chazal used the first of Nissan; after all, Pesach is the beginning of the Jewish calendar. For non-Jewish kings, however, they used the first of Tishrei, the day we usually call Rosh Hashanah.
Shemittah
As we know, every seven years we are required to observe the mitzvah of shemittah in the land of Eretz Yisrael, a topic whose details I have written about in the past, prior to and during shemittah years. There is also a mitzvah that comes at the end of shemittah year that applies both in Eretz Yisrael and in chutz la’aretz: the mitzvah of shemittas kesafim, releasing debts. As the Torah teaches, in parshas Re’eih: “At the end of seven years you shall ‘make shemittah.’ And this is the ‘word’ of the shemittah: Every creditor must release his hand from what his fellow owes him. He may not demand payment from his fellow, his brother, because he has declared a release for Hashem” (Devarim 15:1-2). These verses teach that, rather than Rosh Hashanah of the eighth year ending shemittah with a whimper, the shemittah year ends with a bang. And the date of this mitzvah is determined by the first of Tishrei, the day that we usually call Rosh Hashanah.
Yoveil
The Torah establishes a fifty-year yoveil cycle: the year after the seventh shemittah is yoveil. During yoveil, the land that was given to every family in Benei Yisrael, upon our conquering the holy land in the days of Yehoshua ben Nun, returns to its original family, every Jewish slave (eved ivri) goes free and all the laws of shemittah apply. The annual calculation of the yoveil year uses Tishrei as its cutoff point.
This mitzvah applies only when all twelve tribes live in their original areas as determined by Yehoshua. Therefore, unfortunately, it does not apply today until we again return to that configuration of Eretz Yisrael.
Planting and vegetables
Produce grown in Eretz Yisrael and the lands nearby must have several portions, called terumos and ma’asros, separated from it before it may be consumed. As we learned above, one cannot separate the terumos and ma’asros from one year for the crop of a different year, and therefore we need to know when the cut-off date is for each crop. The cut-off date for grains and vegetables is on Rosh Hashanah, the New Year for these agricultural products.
During the 1st, 2nd, 4th, and 5th years of the seven-year shemittah cycle, one of the separations is called ma’aser sheini. During the other years -- that is, the 3rd and 6th years of the shemittah cycle -- this second ma’aser is given to poor people and is called ma’aser ani.
When in its growth cycle
Although the first of Tishrei, our Rosh Hashanah, is the agricultural new year for all crops other than tree fruits, another factor determines which year applies to the particular crop: the point in the plant’s growth cycle. This is a highly complicated topic that requires at least an entire book to explain in detail. I will mention now only that the years for some species are based on when they are planted, some by the first appearance of fruit, others by when the fruit is considered “one-third grown,” and still others not until they are ready for harvest.
Rosh Hashanah
Of course, as we all know, the first of Tishrei is the Day of Judgment for all of humanity. This halacha is not mentioned in the first Mishnah of Maseches Rosh Hashanah (the Mishnah I quoted and have been explaining), but in a later Mishnah of that chapter, in which it states: At four times of the year the world is judged… on Rosh Hashanah, all who have entered the world pass before him… (Rosh Hashanah 16a).
Tu Bishvat
The Mishnah states that, in Beis Shammai’s opinion, the new year for trees is the first of Shevat , whereas Beis Hillel contends that it is on the fifteenth of Shevat. We follow Beis Hillel’s ruling and therefore Tu Bishvat is the “Rosh Hashanah” for trees. But what does that mean? Do the trees ignite fireworks on their New Year? Do they coronate Hashem as their King on their Rosh Hashanah? Does Hashem judge their deeds and misdeeds and grant them a fruitful year or otherwise, chas veshalom? As an aside, the “judgment” for trees is on Shavuos, not Tu Bishvat (Mishnah Rosh Hashanah 16a.) This means that on Shavuos, mankind, both in general and individually, is judged regarding what his trees will produce in the coming year.
Obviously, since trees have no free choice, the Heavenly Tribunal does not judge them on their Rosh Hashanah, yet the arboreal new year does have major halachic ramifications other than the popular custom of eating fruit. Tu Bishvat functions as the cutoff point between two crop years. As we learned above, one cannot separate terumos and ma’asros of one year for a different crop year. For tree fruits, the cutoff point is not the first of Tishrei but Tu Bishvat. In addition, Tu Bishvat determines which year of the shemittah cycle the fruit is from and therefore whether it is obligated in ma’aser sheini or in ma’aser ani. As I mentioned above, what stage of development the fruit is at on Tu Bishvat depends on the particular species. Again, some species depend on the first appearance of fruit, others by when the fruit is one third grown, and still others by when it is ready for harvest.
It is also usually the cutoff point for determining whether a tree is producing forbidden orlah fruit and for determining the halachos of revai’i. The fruits appearing after Tu Bishvat of the fourth year of the life of this tree are not forbidden as orlah, and the fruits of the fifth year of a tree’s life do not have the sanctity of revai’i.
Conclusion
We discussed several mitzvos that apply only in Eretz Yisrael. Most generations of our forebears had to be content with reading about Eretz Yisrael and imagining what it might be like to visit. We are fortunate to live in a time when visiting and living in Eretz Yisrael is a reality, and we should be filled with hakoras hatov that we can traverse the land that was promised to our forefathers. Inhabiting our native land includes many special laws that apply within its borders; we should all be familiar with these special laws, whether or not we live in Eretz Yisrael, because its special mitzvos create a direct relationship with Hashem.