So the Ramban comments on the fact that the Torah She-B'Ktav doesn't explicitly reveal that Rosh Hashanah is the Yom Ha-Din. It alludes to the fact, and based on those allusions, we could reconstruct it. And we have such a Kabbalah in terms of תורה שבעל פה, but it's not something which is explicit in the Torah She-B'Ktav. So the question is what's the significance of that? What's the pshat in that? So in the Pachad Yitzchak? So a footnote quotes from the Maharal the following. It's a very good pshat in Ramban. כי היום הזה של אחד בתשרי הוא יום הדין מצד עצמו אלא שמפני היותו יום הדין לא היה בו עניין המקרא קודש אלא שמכיוון שביום הדין הזה זוכר אותנו הקדוש ברוך הוא בכל זיכרון הוא לטובה הרי רק מצד זה נעשה הוא הראשון בתשרי מקרא קודש.
Rosh Hashanah is the fact that Rosh Hashanah is a Yom Ha-Din is independent and conceptually independent and even historically prior to the fact that Rosh Hashanah is a Yom Tov. Again, the fact that Rosh Hashanah, that Alef Be-Tishrei is a Yom Ha-Din is something which is conceptually independent and prior and historically prior to Rosh Hashanah being a Yom Tov. I don't know, I'm not sure where the line is between the Maharal and what Rav Hutner is adding, so I'm not sure whether this point is to whom this point should be attributed. But the first Mishnah in the fourth perek which describes this year's calendar of יום טוב של ראש השנה שחל להיות בשבת. So it's an interesting phrase, יום טוב של ראש השנה. So he says, no, the pshat in that phrase is that the Yom Tov is sort of superimposed upon Rosh Hashanah. Again, reflecting that same idea that maybe let's say Hayom Haras Olam and therefore היום יעמיד במשפט כל יצורי עולמים, that for that reason Rosh Hashanah is the Yom Ha-Din, Alef Be-Tishrei is Yom Ha-Din, but it's יום הדין מצד עצמו. It's not that that is one aspect, one element, one reflection of it being a Yom Tov. No, it's יום הדין מצד עצמו. So mimaila the Torah in Parshas Emor is telling us about what the days are be-toras moados. Not telling us everything you ever wanted to know, I guess nowadays people would write a book: 99 questions that you always wanted answered about Alef Be-Tishrei. No, that's not what... that's not Parshas Emor. Parshas Emor is telling us about the day be-toras yom tov. be-toras yom tov, that's... the Yom Ha-Din is not be-toras yom tov. The Yom Ha-Din, again, is conceptually independent and therefore even historically prior. Again, I assume that this is... this is Rav Hutner, I don't think this is the Maharal. But he's even medayek that when the Ramban says... It is the phrase is Omer Dorsheni. Ramban says that nirmaz bakosuv העניין שראש השנה הוא יום הדין כאשר נודע ביותר מפי הנביאים ואבות קדושים.
It's a funny phrase, I suspect if you do a word search you don't have that elsewhere in the Ramban. So what is that phrase: כאשר נודע ביותר מפי הנביאים ואבות הקדושים? So Ramban says mah avos hakedoshim? Meaning before Matan Torah. Before Matan Torah they already knew, before there was a יום טוב של ראש השנה they knew that Rosh Hashanah was a Yom HaDin. It's a Yom Tov, what elevates it or what infuses it with the status of Yom Tov? אלא שמכיוון שביום הדין הזה זוכר אותנו הקדוש ברוך הוא וכל זיכרון הוא לטובה הרי מצד זה הרי רק מצד זה נעשה הוא הראשון בתשרי מקרא קודש.
Again, אלא שמכיוון שביום הדין הזה זוכר אותנו הקדוש ברוך הוא וכל זיכרון הוא לטובה הרי רק מצד זה נעשה הוא הראשון בתשרי מקרא קודש.
What transforms it, what elevates Aleph B'Tishrei from a Yom HaDin which in theory could be a non-Yom Tov to a Yom Tov is the fact is the mitzvah of zichron teruah. And that's what the footnote says, if you take a look by the Emor, Parshat Moadot, so for instance if you look back earlier by Pesach, so without telling us anything special about any special mitzvos of the first day of Pesach, so the Torah says and if you have a Chumash look in Pasuk Zayin: ביום הראשון מקרא קודש. B'yom harishon's mikra kodesh. And it's the same, the same pattern by Shavuos, by Sukkos. By Rosh Hashanah, before the Torah says it's mikra kodesh, the Torah says it's zichron teruah. דברו אל בני ישראל לאמר בחודש השביעי באחד לחודש יהיה לכם שבתון זכרון תרועה מקרא קודש.
So he says no, because that's the pshat. It's it's the zichron teruah which is responsible for it being mikra kodesh. Now obviously it's mikra kodesh from the time of shkiyah, you know on on Erev Rosh Hashanah, and even though we're not going to blow shofar until until the morning. But again, conceptually, it's mikra kodesh because of zichron teruah and that's what the sequencing in the pasuk reflects. So ad kan in terms of what it says here befeirush. And then he says that's what the Ramban, the end of the Ramban that we didn't read together where the Ramban goes on to say that al pi kabbalah Rosh Hashanah is again primarily din with rachamim badin. So he says that's the pshat because Rosh Hashanah as it were was an established yom din and then with Matan Torah so then it's we inject HaKadosh Baruch Hu allows us to inject an element of rachamim into that ma'aracha ma'areches hadin of the day. What's the, so again ad kan if you haven't seen it yet you'll you'll take a look. What what's the pshat that din itself wouldn't make it a day of mikra kodesh, wouldn't make it a Yom Tov? The question is, the question begs anyway when when you learn this Maharal that the Pachad Yitzchak is quoting. It's maybe the question is accentuated in the light of the following. When you know the Rosh in the fourth perek of Masechet Rosh Hashanah. talks about how some of the Geonim, we don't do this, but some of the Geonim used to say in Rosh Hashanah the same way we say in the Tefillah of Shalosh Regalim והשיאנו ה' אלהינו את ברכת מועדיך לחיים ולשלום לשמחה ולששון,
so they used to say vahasienu on Rosh Hashanah and Yom Kippur as well, reflecting and signifying that there is a mitzvah simcha on the Yamim Noraim as well. In the Rambam it's also clear, at least with regard to Rosh Hashanah, that there is a mitzvah simcha because the Rambam writes in Hilchot Yom Tov, in perek vav of Hilchot Yom Tov he says שבעת ימי הפסח ושמונת ימי החג עם שאר ימים טובים
in the plural. So, once you list Pesach and Succos, that only leaves you with Shavuos, so where did the Rambam get the plural from? עם שאר ימים טובים, so at the very least, he's clearly indicating that Rosh Hashanah has a mitzvah simcha as well. The reason he says it fully by Pesach and Succos and עם שאר ימים טובים for Shavuos and Rosh Hashanah is because he wants to tell us that the mitzvah simcha is on Chol HaMoed also. So that's why he makes the point of saying שבעת ימי הפסח ושמונת ימי החג עם שאר ימים טובים,
whereas by Shavuos and Rosh Hashanah there's no room for that confusion about what the status of Chol HaMoed would be. So there is mitzvah simcha on Rosh Hashanah. So generally the way we think of it is sort of that there is simcha despite the fact that there's din. Despite the fact that there's din, and even, as the Unetanneh Tokef tells us, מלאכים יחפזון וחיל ורעדה יאחזון, that despite the fact that there's din, אף על פי כן there's simcha. But the emet is that's not the pshat. That's not the pshat at all. The emet is when you think about it, so the following extraordinary pattern emerges. The Mishna in Rosh Hashanah tells us that בפסח נידונין על התבואה وבעצרת נידונין על פירות האילן ובחג,
stam chag means Succos, that בחג נידונין על המים, which means that you never have simcha min haTorah when it's not a yom hadin. When do you have simcha min haTorah? The Shalosh Regalim. Again, that's unequivocal. Again, without these rayas from the Rosh and the Geonim and the Rambam, so maybe Rosh Hashanah is a question. But so leave Rosh Hashanah out of the equation for a moment. The emet is every day of simcha min haTorah is a yom hadin. So what emerges then is not that there's simcha despite din, but there's simcha because of din. That's what emerges, right? It's not אף על פי כן, no, but it's not despite, it's because of. And the emet is we say the psukim in Tehillim every Friday night. How does it go? ישמחו השמים ותגל הארץ ירעם הים ומלואו יעלוז שדי וכל אשר בו אז ירננו כל עצי יער.
What's this tremendous jubilation? What's going on? לפני ה' כי בא לשפוט הארץ because there's din. And then we say it again three kapitlach later where we talk about yishpot tevel b'tzedek. Again, the same, the reaction to din is simcha. How is the reaction to din simcha? So we react to din, understandably, understandably, with our parochial self-interest. So it, and it's supposed to be, it is very scary. But if a person sort of steps back from that parochial self-interest reaction to din, so what Hakadosh Baruch Hu is dan, so then he's misgaleh and he's miskadesh. And that revelation of Hakadosh Baruch Hu in the world, that's me'orer simcha. So it's not the pshat in what the Maharal is saying—again, the Maharal doesn't, I don't know that the Maharal says any of this. I don't think he does, but just in terms of how we sort of integrate the Maharal into other ideas and the larger scheme of Rosh Hashanah. The implication of the Maharal is sort of is not that Yom Hadin doesn't have any implications. But what the Maharal is saying is Yom Hadin doesn't create Yom Tov. But when you juxtapose the Maharal to what we're explaining now, Yom Hadin certainly does have its own implications. So the yesod Yom Hadin does, so how do we sort of understand again, not that it's a contradiction, but just sort of put everything in its right place, try to put everything in its right place. How do we understand? So Yom Hadin is meorer simcha, but it wouldn't there wouldn't be Yom Tov, it wouldn't be mikra kodesh. So the vort is like this, rabbosai. The amida for the shalosh regalim begins with Ata vechartanu. Every, no Yom Tov is a Yom Tov because it marks something universal. Every Yom Tov is a Yom Tov because of the something, the some association with that Yom Tov where the special relationship between Hakadosh Baruch Hu and Knesset Yisrael is manifest. Whether it's Yetzias Mitzrayim, whether it's Matan ve-Kabbalas HaTorah, whether it's בסוכות הושבתי בני ישראל. Yamim Tovim don't exclusively, they do correlate with universal things as well, but Yamim Tovim don't are not designated because of universal things. There has to be something which expresses, there's an expression of Ata vechartanu. There's an expression of Ata vechartanu. Yom Hadin is universal. ובריות בו יפקדו ועל המדינות בו יאמר. What's going to happen in the Russia-Ukraine war is going to be decided in a couple of days. The trajectory of the war. It's not something Jewish. The fact that Rosh Hashanah is Yom Hadin is not something Jewish, it's universal. Ah, so that's the pshat in the Maharal. That's why מצד היותו יום הדין it wouldn't be a Yom Tov. Ah, but the zichron teruah, that Hakadosh Baruch Hu is merachem aleinu badin because we blow shofar. That makes it into a Yom Tov. The fact that it's zichron teruah, mimaila it's mikra kodesh. Okay, so we'll stop there.