In Seder HaDoros [P.R. P' Ekev in the name of Bechor Shor, may his memory be blessed, regarding the acceptance of the second tablets, it is stated that Moshe ascended on Rosh Chodesh Elul and descended on the tenth of Tishrei (the text does not accurately state that he ascended on Rosh Chodesh Elul, for Elul consists of only 29 days, and the tenth of Tishrei is only 39 days later, and Moshe was on the mountain for forty days, thus it must be that he ascended on the thirtieth of Av).
This is the day that HaShem said, "I have forgiven as you have spoken," therefore it was established for forgiveness and atonement. This occurred on a Monday, as the Passover prior to it (when they left Egypt) was on a Thursday (as stated in Shabbat 87b), since they took the lamb for their forefathers on the tenth, which was on a Shabbat, and therefore it is called the Great Shabbat due to the great miracle that they took and dragged their gods before their eyes.
Thus, the fourteenth of Nisan, which is the time of the slaughtering of the Passover, was on a Wednesday, and Passover, the fifteenth, when they left, was on a Thursday. According to the mnemonic "Aleph-Tav Beit-Shin Gimmel-Resh," on that first day of Passover, it is the ninth of Av and the seventeenth of Tammuz.
Therefore, the seventeenth of Tammuz was also on a Thursday, thus the tablets that descended on the seventeenth of Tammuz were on a Thursday. And behold, Rosh HaShanah was the third day of Passover according to the aforementioned mnemonic Gimmel-Resh, and thus Rosh HaShanah was on a Shabbat, which was the third day of Passover.
Therefore, Yom Kippur was on a Monday, and on Yom Kippur the second tablets descended. Since the first tablets descended on a Thursday and the second tablets on a Monday, Ezra established that they should read on the second and fifth in the Torah (see above in B'A, chapter 8, and G'A, Shulchan Aruch). For this reason, also the courts sit on these days, as the inhabitants of the villages enter the cities to hear Torah and also come for judgment.
And your sign is "In righteousness you shall judge," for the planet Tzedek (Jupiter) serves at the head of the day on Thursday and at the head of the night on Monday, as it is stated in Shabbat, "Chal" (the head of days). "Chal" is the head of nights, thus concludes the text. (And in the customs of the second and fifth, he wrote that these are days of favor for forty days, as Moshe ascended on a Thursday and descended on a Monday, and received the last tablets, and also the heavenly court sits in judgment, thus concludes the text. (So too, the Tosafot in the chapter of Merubah in the name of M' above).
And the author of the glosses wrote that since Tzedek serves at the head of the day on Thursday and at the head of the night on Monday, in the name of Bechor Shor, thus concludes the text. And it appears that he holds that the customs are based on the words of Bechor Shor, and it is said that for Bechor Shor, the descent of the tablets was on Thursday and Monday, and according to the Tosafot, there was an ascent and descent on both Thursdays, and it is clear.
Therefore, the gloss concludes:_. And behold, these matters are based on the opinion of Rabbi Yossi that Rosh Chodesh Sivan was on a Sunday, and according to this, the seventeenth of Tammuz was on a Thursday, and Rosh HaShanah was on Shabbat, and Yom Kippur was on a Monday. And it is stated in Yoma (4) according to Rabbi Yossi that on the seventh of Sivan the Torah was given, and on the seventh he ascended the mountain.
Therefore, from the seventh of Sivan until the seventeenth of Tammuz was forty-one days, for Moshe descended on the forty-first day, having been on the mountain for forty days and forty nights, as it is necessary. According to his words, Ezra established the reading on the second and fifth for this reason.
However, it is difficult, for we hold according to Rambam that he ruled like the sages, see Magen Avraham, R"T Tzadi Dalet.
Therefore, according to the Rabbis, on the second, I would establish the month of Sivan, and the Torah was given on the sixth of the month, and Moshe ascended on the seventh, which is a Sunday (see above), and descended on the forty-first day, which was the seventeenth of Tammuz, which was a Thursday.
Therefore, the reason for establishing the reading on the second and fifth is nullified, for the first tablets were not brought down on a Thursday, but rather on a Friday, and it is clear.
Furthermore, there is proof that the law does not follow Rabbi Yossi from what the Tosafot asked in the first chapter of Avodah Zarah regarding Rabbi Yossi that on the seventh the Torah was given, and he said that it was the sixth day, which teaches that the Holy One, blessed be He, made a condition with the Jewish people if they would accept the Torah (the sixth of Sivan, as Rashi explains). It is better, etc.
As stated, and in the Zohar, in the portion of Vayakhel, it is written that I heard from the master of the Maggid, and they exchanged His glory for the likeness of an ox eating grass, the initials of which are until the king is reclining, they made an ox in the desert, Bilaam closed his eye, with his two sons, on the eve of Shabbat at the Mincha, willingly they uprooted the ox, on the seventeenth of Tammuz, thus concludes the master of the Maggid. Behold, in the Mincha on the eve of Shabbat, they made the calf, and I would not know how to align the calculation until I found in the Chizkuni in the portion of Ekev that Moshe ascended on the seventh of Sivan, which was then on a Sunday, as the sages said, and he did not have the night with him, for he ascended early in the morning, etc.
Thus, it turns out that he descended early on the seventeenth of Tammuz, which was on a Thursday. The law is with him, for all forty days were completed in the seventh week, and there remained five days, that is from Sunday to Thursday, thus forty from day to day, thus Israel made the calf on Thursday, as stated. And they, like a man who transgressed the covenant, just as Adam HaRishon was created on a Friday and sinned on that day, so Israel sinned.
Therefore, it is possible that Moshe gave them the commandment of Shabbat to protect them, just as Shabbat protected Adam HaRishon, thus concludes the text. I do not know what I rejoice in this finding in Chizkuni that Moshe ascended on the seventh, which was then a Sunday, for this is explained in the Gemara according to the Rabbis that on the second, Rosh Chodesh Sivan was established, and on the sixth of the month they received the Torah.
And it is stated in Yoma that according to the opinion that on the sixth of the month it was given, on the seventh of the month he ascended.
Therefore, on Shabbat the Torah was given, which is the sixth of the month, and he ascended on the seventh, thus he ascended on a Sunday.
However, it is difficult, indeed it is proven that Moshe descended on the seventeenth of Tammuz, for then forty days and forty nights were completed, that is the seventeenth of Tammuz, which was on a Thursday, was the forty-first day from the seventh of Sivan. But according to the order of the verses, the making of the calf was on the sixteenth of Tammuz, for the breaking of the tablets was one day after the making of the calf.
This is the order of the verses: "And the people saw that Moshe delayed," etc., and they said, "Arise, make us gods," etc., and Aaron said, "Take off the golden earrings," etc., and they took off the golden earrings and made a molten calf, and they said, "These are your gods, O Israel," etc. And Aaron saw and built an altar, etc., and he said, "A feast to HaShem tomorrow," etc. And they rose early the next day and offered burnt offerings, etc., and they rose to play.
And HaShem said to Moshe, "Go down, for your people have corrupted themselves," etc., "They have made for themselves a molten calf," etc. "And now, let Me be alone," etc., "And I will consume them instantly," etc. And Moshe pleaded, etc., and he turned and descended from the mountain with the two tablets in his hand, etc. And Yehoshua heard the voice of the people in the camp, etc.
And it was, as he drew near to the camp, he saw the calf and the dances, and Moshe's anger burned, and he threw the tablets from his hands and broke them, and he took the calf and burned it, etc. And he said, "Let each man take his sword," etc., and three thousand men of the people fell. And it was the next day, and he said, "You have sinned a great sin, and now I will ascend to HaShem; perhaps I will atone for your sin." Rashi explains that because Moshe delayed, he said to them, "After forty days I will come within six hours," thinking that that day was counted (that is, the fifth, the sixteenth of Tammuz was completed forty days from the day he ascended), and he said to them, "Forty days and nights with me, and the day of his ascent has no night with him." And on the seventh of Sivan he ascended, thus forty days and forty nights on the seventeenth of Tammuz, hence the seventeenth of Tammuz is the forty-first day when he descended, and when they saw that he did not come on the fortieth day, they made the calf.
Therefore, where is the place to say that they made the calf on the seventeenth? And I toiled and found in the book "Mayim Chaim" in the portion of Terumah that it is written, "It is explicit that after the making of the calf he descended," and it must be according to the Maggid that Moshe descended on Shabbat, and what is written, "A feast to HaShem tomorrow," and they rose early the next day, all was on Shabbat, thus concludes the text.
And I do not know how the breaking of the tablets was healed, for the sages said that on the seventeenth of Tammuz the tablets were broken, and according to his explanation, he wants to uphold the words of the Maggid that the calf was made on the seventeenth of Tammuz, which was on a Thursday, and Moshe came the next day on Shabbat, which was then the eighteenth of the month.
Therefore, he wants to uphold the words of the master of the Maggid and refute the opinion of the sages. And it is difficult according to his explanation that the descent of Moshe and the breaking of the tablets and the grinding of the calf and "Let each man take his sword" — all was on Shabbat. How can it be that he broke the vessels, which are the tablets, and killed souls, and ground the calf, performing forbidden labors on Shabbat?
Even though I know that it can be said that he did not break the tablets with his hands, but rather the letters flew away and they became heavy and fell from his hands by themselves, as the commentators explain this. Even though I only demanded, I would hold the evil in its minority, but grinding the calf to dust and killing three thousand men does not seem correct. And behold, I saw in Ramban in the portion of Tisa, he wrote that Rashi said that on the seventeenth of Tammuz the tablets were broken, and on the eighteenth he burned the calf and judged the sinners.
On the nineteenth he ascended and made forty days, and on Rosh Chodesh Elul it was said to him, "And you shall ascend in the morning to receive the second tablets," and he made there another forty. On the tenth of Tishrei, the Holy One, blessed be He, was appeased with him (here Rashi wrote "And you shall ascend in the morning in Elul it was said to him," and it is difficult, for from the nineteenth of Tammuz until the thirtieth of Av was forty-one days, and thus he ascended on the thirtieth of Av and descended on Yom Kippur.
And furthermore, Rashi himself wrote in the portion of Ekev (Deuteronomy 9:18) that he ascended on the eighteenth, and completed forty days on the twenty-ninth of Av.
Therefore, according to the opinion that he ascended on the nineteenth of Tammuz, he completed forty days on the thirtieth of Av, which is always full, and it is clear). And Ramban wrote, but it appears that on the day of his descent on the seventeenth of Tammuz he burned the calf and judged its workers, etc. And so it is stated in the P'ra, Rabbi Yochanan said that Moshe made forty days on the mountain and descended to the camp on the seventeenth of Tammuz, broke the tablets, and killed the sinners of Israel, thus concludes the text.
And the Levush in Orach Chaim, Siman 621, wrote that we begin to blow the shofar on Rosh Chodesh Elul, on which Moshe ascended to receive the last tablets, and it means the first day of Rosh Chodesh, which is the thirtieth of Av, for we hold that on Yom Kippur Moshe descended, and there are no forty days except from the thirtieth of Av, the first day of Rosh Chodesh Elul, for Elul is deficient. And not only that, but we must say that he ascended on the morning of the twenty-ninth of Av, for there are no forty days and forty nights except from the morning of the twenty-ninth of Av until the morning of Yom Kippur. (And behold, according to his opinion that he descended on the twenty-eighth of Av, as stated nearby, thus it is that he also wrote that Moshe ascended on Rosh Chodesh Tammuz, and you will not find forty days and forty nights except when he descended on the twenty-ninth of Av.
Therefore, it must be as the Tosafot wrote in the chapter of Merubah that he descended and ascended on that day. But the aforementioned Tosafot wrote that the last forty did not have a night with him, thus even if he ascended on the thirtieth of Av, which is Rosh Chodesh, the first day of Elul, it would be forty days and thirty-nine nights). Unless we say that Elul of that year passed (so wrote the aforementioned Tosafot), but we do not hold this way (I do not know from where I know that we do not hold this way, for the Tosafot wrote so, and the Ritva explained that it is correct).
Rather, according to the opinion that he ascended on the twenty-ninth, let us say that Tammuz of that year passed (he erred, for what they said at the end of Taanit that it passed refers to Tammuz of the second year, as stated in Nachal Eitan in the portion of Ki Tisa, see above in B'A, Tammuz 89). According to what Rashi wrote in the portion of Ekev that on the eighteenth of Tammuz he ascended, it turns out that he descended on the twenty-eighth of Av (I have already written that it is clear that it was not forty days and forty nights until the morning of the twenty-ninth).
And in the morning, he ascended, thus it is clear].