Rosh Hashanah 2a — the Talmud in English

The tractate of Rosh HaShana discusses the New Year that falls on the first of the month of Tishrei.

However, at the beginning of the tractate, the Mishna—the foundational early compilation of the Oral Torah—opens by explaining that there are four dates during the year that are considered new years for particular purposes:

Mishna:

There are four new years.

On four dates during the year, a “new year” begins for certain laws:

a.

On the first of Nisan –

the new year for kings.

In the time of the Mishna, people customarily dated legal documents according to the years of a king’s reign. For example: “On such-and-such day of such-and-such month, in the first year of the reign of so-and-so the king.”

On the first of Nisan, they began counting a new year for the king’s reign. Therefore, even if a king began ruling in Adar, as soon as the first of Nisan arrived, they would already write in a document: “On the first day of the month of Nisan, in the second year of the reign of so-and-so the king.”

And

the first of Nisan was also the new year

for the pilgrimage festivals.

This matter will be explained by the Gemara.

b.

On the first of Elul –

the new year for animal tithe.

It is a positive commandment to set aside the “animal tithe” from all kosher animals born to a person during each year.

Animals born in one year are not combined with animals born in another year. Rather, the animals born in the same year are tithed separately.

On the first of Elul, a “new year” begins for this law.

Rabbi Elazar and Rabbi Shimon say: On the first

of Tishrei

it is the new year for animal tithe, and not on the first of Elul. c.

On the first of Tishrei –

the new year:

for years,

as will be explained by the Gemara.

And for sabbatical years.

The sabbatical year begins on the first of Tishrei. Once Tishrei begins, plowing and sowing are prohibited by Torah law.

And for Jubilee years.

The Jubilee year also begins on the first of Tishrei. Once Tishrei begins, plowing and sowing are prohibited by Torah law.

For newly planted trees.

This concerns counting the first three years after a tree is planted, during which its fruit is prohibited for eating and benefit because of the law of orla.

Even if a tree was planted during the month of Av, its first year ends at the end of Elul, and its second year of orla begins to be counted from the first of Tishrei.

And for vegetables.

This concerns the tithe of vegetables.

Vegetables picked in one year may not be tithed on vegetables picked in another year. On the first of Tishrei, a new year begins for this law.

d.

On the first of Shevat –

the new year for trees.

This concerns the tithe of tree fruit, because fruit that blossomed in one year may not be tithed together with fruit that blossomed in another year.

On the first of Shevat, a new year begins for this law.

This is

the opinion of Beit Shammai.

But

Beit Hillel say: On the fifteenth of it,

that is, of Shevat, it is the new year for trees.

Gemara:

We learned in the Mishna: “On the first of Nisan is the new year for kings.” And we raise the following question:

For kings –

for what practical law?

Why did the Sages establish a particular day on which the regnal year begins? Why not count each king’s year from the day on which he began to reign?

And we answer:

Rav Ḥisda said:

The law applies

to documents!

This enables us to determine which promissory note was written before the loan was made, in which case it is an early-dated document, and which promissory note was written after the loan was made, in which case it is a late-dated document.

And this is like

what we learned

in Tractate Sheviit [10:5]:

Early-dated promissory notes,

whose written date is earlier than the time the loan was made,

are invalid.

The document is invalid, and the loan is considered merely an oral loan, rather than a loan documented in writing.

The difference between a loan documented in writing and an oral loan concerns the right to collect from the borrower’s land if he sold it to someone else.

Such land is called “encumbered property,” and a loan documented in writing may be collected even from encumbered property. An oral loan, however, may be collected only from property still in the borrower’s possession, and not from encumbered property.

And

if these are late-dated promissory notes,

whose date

is later than the time the loan was made,

they are valid!

If each king’s year were counted from the day on which he began to reign, there would be a concern that the judges before whom the document was brought might forget the exact date on which the king began to reign. They would then be unable to determine whether the document brought before them was early-dated or late-dated.

For example, a document is brought before the judges stating that the loan was made in the month of Kislev, in the third year of the king’s reign. The witnesses who signed the document say that when they signed it at the borrower’s request, they did not see the loan being made, and they do not remember whether the loan was made before or after the document was written. They do remember, however, that the loan was made in Tammuz, in the third year of the king’s reign.

If the judges do not remember the date on which the king began to reign, they cannot determine whether the document is early-dated and invalid, or late-dated and valid.

For if the king began to reign after Kislev and before Tammuz, then Tammuz, when the loan was made, occurred before Kislev, when the document was written [and this would be so in every year of this king’s reign]. The document would therefore be late-dated and valid.

But if the king began to reign after Tammuz and before Kislev, then Kislev preceded Tammuz in every year of this king’s reign, and the document would be early-dated and invalid.

Therefore, the Sages established a fixed day in the year for counting the regnal years. The judges would not forget this date.

We learned in a baraita: A king who arose,

if he began to reign even

on the twenty-ninth of Adar,

then

once the first of Nisan arrived—

a year was counted for him.

His first year ended on this date, and from now they count his second year for him.

And if he arose only on the first of Nisan—

they do not count a year for him until another Nisan arrives,

in the following year.

And the Gemara explains what the baraita came to teach us:

The Master said

in the baraita:

a king who arose on the twenty-ninth of Adar,

then

once the first of Nisan arrived—

a year was counted for him.