Parshas Emor enumerates the Jewish holidays. It starts with
Hashem commanding Moshe to tell Israel that that they are the holidays that are
to be declared, declared as sacred, and declared in their time (Leviticus
23:1-4). The Or HaChaim discusses these verses and sees parameters in which
there is room for flexibility. For example Pesach must be in the spring. What
this means is that the 15th Nissan must fall around the time of the
vernal equinox.
Because the tropical year is about eleven days longer than
the twelve lunar months, the Jewish calendar periodically adds a leap month (שנה מעוברת). In addition the lunar month is 29 days,
12 hours, 44 minutes, and 3 1/3 seconds. This causes some months to be 30 days (מלא) and others 29 (חסר). As long as the seasons fall in the appropriate months the Beis
Din is encouraged to use this flexibility for the benefit of the people of Israel . The Or
HaChaim brings examples of use of the roads and bridges, Pesach ovens, and the
travels to Jerusalem by people living outside of
Israel .
Another example is adding a leap day to the month of Hesvon or removing the
normal one in Kislev so that Yom Kippur and the Nineth of Av will not fall on a
day adjacent to Shabbos. All of these are an extension of the first mitzvah
given to the nation of Israel ,
"this month for you will be the first month", (Exodus 12:2).
There is a story in the Mishna (Rosh Hashana 2:8-9) in which
Rabban Gamliel accepted claims of the sighting of the new moon that were
apparently erroneous. Consequently there was a controversy as to which day Yom
Kippur should be observed. Rabbi Akiva backed Rabban Gamliel in a caustic way
explaining that he did in fact have the power to declare the even if it was not
in its precise time and cited the verses above in our parsha. Rabbi Dosa ben
Harcanus added that if we argue with Rabban Gamliel about this we will then
open up every decision that has been made since Moshe Rabenu.
The Rambam clarifies this issue (Sefer HaMitzvahs # 153)
saying that the start of the new month can be based on the sighting of the new
moon or a calculation as to when it will occur. In addition even if the
testimony or the calculations are erroneous, the Sanhedrin's declaration of the
new month remains valid. Also, it appears that the physical sighting of the new
moon is a rabbinic practice. Therefore Rabban Gamliel at worst only violated
one of the court's own rules. Never the less if the declared start of the new
month was reasonably consistent with the time of its astronomical start, the
mitzvah from the Chumash was fulfilled.
It comes out that Chumash gives us principles and it is up
to the Jewish people to apply then in their own way. So to speak it is like a
king telling his butler to prepare a banquet. A banquet must be prepared,
however, the food and décor are the choice of the servant.
The parsha continues with a list of the Jewish holidays and
their unique meanings and rituals. It concludes with the statement that Moshe
announced the festivals of Hashem to the children of Israel (VaYikra 23:44). The
similarity in language suggests that just as there are parameters in which
there is room for flexibility and creativity in the declaring of the holidays,
so to there are parameters in which there is room for flexibility and
creativity in the observance of the holidays. In addition this approach applies
to all of the mitzvahs in the Torah.
The basic source for interpretations of the law and
enactments by the wise of the Jewish people is the Talmud. The word Talmud (תלמוד) means things that should be learned. The
Talmud has two parts the Mishna and the Gemara. Mishna (משנה) is a form of the word "repeat" as if to say that
these are the things we should be constantly reviewing. The word Gemara (גמרא) is a form of the word to complete. So to
speak G-d has given us part of his law and it is up to us to complete it.
A discussion of how the obligation of the nation to declare
the Jewish holidays implies the human aspect of religious observance we see in
the Gemara
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