In this week’s parsha we have the mitzvah of “hachodesh hazeh lachem”, the mitzvah of kiddush hachodesh. This is actually the first mitzvah given to Am Yisrael as a nation. Rav Soloveichik zt”l would like to explain1 that this mitzvah represents the idea that the Jewish people have the koach, the ability, to be mekadesh the zman, to sanctify time. Bais Din has the ability to create real kedusha in the world. The Torah gives a date for the Yomim Tovim- Pesach, Succos, and Shavuos. However, Bais Din decides on which day the Yom Tov will fall, Bais Din has the authority to decide when Rosh Chodesh will be, and based on when Rosh Chodesh falls out, then the date of the month is established, and that determines when the Yom Tov will occur two weeks later.
This is why in our davening we say “mekadesh Yisrael v’hazmanim”. Hashem is mekadesh Yisrael, and then Hashem, along with B’nai Yisrael are mekadesh the Yomim Tovim. We play a role in being mekadesh the Yomim Tovim. The Rav explained that it does not say “mekadesh Bais Din, v’hazmanim.,” rather mekadesh Yisroel v’hazmanim.” Why? The Bais Din Hagadol served two functions2. One is to be similar to the Supreme Court, the final arbiter of certain halachic shailas. And two, in certain areas the Bais Din Hagadol would act like the House of Representatives, as the representative of Am Yisrael. When B’nai Yisrael was mekadesh the chodesh, the Rav explained, they were acting on behalf of all of Klal Yisrael, and that is why we say “mekadesh Yisrael v’hazmanim”.
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