Commentary for Sanhedrin 36:14

חולץ וחולצין כו': קא פסיק ותני לא שנא מן האירוסין ולא שנא מן הנישואין בשלמא מן הנישואין הוי עשה ולא תעשה

[meaning], thou shalt not speak against the rab [chief of the judges].<span class="x" onmousemove="('comment',' I.e. if the king were a member of the Sanhedrin, other members would be inclined to suppress their opinions in deference to him. ');">²⁴</span> Again. 'nor may the king or the High Priest be members of the board for the intercalation of the year.' The king, on account of 'Afsanya' [the upkeep of the army];<span class="x" onmousemove="('comment',' [G] from [G] wages. As it would be to his interest sometimes to intercalate and sometimes not to intercalate the year. according as the payment of the army is by the year or by the month. ');">²⁵</span> the High Priest, because of the [autumnal] cold.<span class="x" onmousemove="('comment',' Since he might be biassed against intercalation which, by placing the Day of Atonement later in the autumn, would make the several ritual baths which he has to take on that day (five immersions in all) rather cold. V. Yoma 31b. ');">²⁶</span> R. Papa said: This<span class="x" onmousemove="('comment',' The objection to the High Priest's taking part in the intercalation of the year. ');">²⁷</span> proves that the seasons of the year fall in with the normal lunar months.<span class="x" onmousemove="('comment',' I.e., when the year is intercalated, the weather in Tishri is the equivalent of that of Marcheshvan in an ordinary year. ');">²⁸</span> But is it so? Were there not three cowherds who were standing conversing, and who were overheard by some Rabbis. One of them said: If the early and late sowing<span class="x" onmousemove="('comment',' I.e., the wheat sown earlier and the barley that was sown later (Rashi). ');">²⁹</span> sprout together, the month is Adar; if not, it is not Adar.<span class="x" onmousemove="('comment',' But Shewat. ');">³⁰</span> The second said: If in the morning frost is severe enough to injure<span class="x" onmousemove="('comment',' Lit., 'kill'. ');">³¹</span> an ox, and at mid-day the ox lies in the shade of the fig-tree and scratches its hide,<span class="x" onmousemove="('comment',' Through the heat. ');">³²</span> then it is Adar, if not, it is not Adar. And the third said: When a strong east wind is blowing and your breath can prevail against it, the month is Adar; if not, it is not Adar. Thereupon the Rabbis intercalated the year?<span class="x" onmousemove="('comment',' Thus we see that the purpose of intercalation is to readjust the seasons, and the second Adar then has the climate of the first Adar in normal years, therefore Tishri will have its usual degree of heat in an intercalated year. ');">³³</span> — Is it then logical for you to assume that the Rabbis intercalated the year by a simple reliance upon cowherds? But they relied on their own calculations, and the cowherds [merely] corroborated their proposed action.<span class="x" onmousemove="('comment',' In case, therefore, intercalation has been prompted by a reason other than the readjusting of the seasons, the weather will vary according to the months. ');">³⁴</span> HE MAY PERFORM <i>HALIZAH</i>. The Tanna teaches this<span class="x" onmousemove="('comment',' That the High Priest may not perform Yibbum. ');">³⁵</span> categorically. irrespective of whether [his sister-in-law was widowed] after <i>nesu'in</i> or only after erusin.<span class="x" onmousemove="('comment',' V. Glos. A widow after erusin is still a virgin. ');">³⁶</span> Now, as for a widow after nesu'in, it is correct, since he is interdicted by a positive and a negative command;<span class="x" onmousemove="('comment',' a) A virgin of his people he shall take to wife, Lev.XXI, 14; b) A widow he shall not take. ibid. ');">³⁷</span>

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