חדש באתר: NotebookLM עם כל תכני הרב מיכאל אברהם

Disputes: History and Essence — Rabbi Michael Avraham — Lesson 3

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

This transcription was produced automatically using artificial intelligence. There may be inaccuracies in the transcribed content and in speaker identification.

🔗 Link to the original lecture

🔗 Link to the transcript on Sofer.AI

Table of Contents

  • [0:45] The development of the institution of dispute in the Talmud
  • [1:45] The development of a new approach in the Second Temple period
  • [4:35] Rabban Gamliel’s strong-hand approach
  • [10:27] The belief that the Torah was created by human beings
  • [12:56] The dispute about cucumbers and magic in the Talmud
  • [21:07] Intellectual property in halakhic knowledge
  • [26:35] The Talmud on condition and uprooting the act
  • [27:59] Cucumbers — learning planting and uprooting
  • [29:20] Rabbi Akiva’s Mishnah about gathering cucumbers
  • [34:29] Explanation and persuasion — Rabbi Yosei and the context

Summary

General overview

The text describes a historical-intellectual process in which the Torah moves from an ethos of transmission as a “hollow pipe” to a Torah in which human beings create, interpret, and decide, and from that Torah dispute emerges. It presents dispute as a phenomenon that begins as a dangerous necessity people try to suppress by force, undergoes a revolution in Yavneh toward openness and democratization of the study hall, and eventually becomes an ideal backed by the principle “these and those are the words of the living God.” Within this process, Rabbi Eliezer is presented as representing tradition and authority, Rabbi Yehoshua as representing decision through reasoning and give-and-take, and Rabbi Akiva as a synthesis that seeks to combine tradition with explanation and understanding.

The development of the concept of dispute from Talmudic sources

The speaker sketches a picture in which at the beginning the Torah is perceived as a divine Torah transmitted in complete fidelity without human intervention, and he calls this transmission through a hollow pipe. He points to Pirkei Avot as a structure that emphasizes a chain of transmission with almost no room for personal creativity, and then describes a change at the beginning of the Second Temple period in which parts of the Torah begin to be attributed to human beings and the Oral Torah is created in its human sense. He notes that Shimon HaTzaddik appears as someone who says three things at the beginning of Pirkei Avot, as a transition point where the Torah is already attributed to a person who says and formulates it.

The appearance of dispute as a result of a human Torah

The speaker identifies the first dispute with the two Yoseis in the Mishnah in Chagigah 16, and explains that Torah dispute is created specifically when human statements are considered part of the Torah itself. He argues that as long as the Torah is only what is transmitted untouched, disagreement between people is not a Torah dispute because it is not part of what was received. He presents the consolidation of the great disputes in the period of Beit Shammai and Beit Hillel as a natural continuation of the fact that Torah is created from human reasoning, and therefore people arrive at different conclusions.

Yavneh and the revolution in deciding disputes

The speaker places the central shift in the period of the destruction, with the request “Give me Yavneh and its sages” and the establishment of the Sanhedrin in Yavneh, and describes the generation of Rabban Yohanan ben Zakkai’s students as the moment when the question of decision becomes critical. He explains that the stories of the oven of Akhnai, the harassment of Rabbi Yehoshua, the removal of Rabban Gamliel, and the excommunication of Rabbi Eliezer all revolve around one decisive point: how to decide a dispute after it already exists. He presents Rabban Gamliel and Rabbi Eliezer as those who advocate a strong hand and suppression of dissenters in order to prevent the Torah from breaking apart into separate study halls, and then states that the sages understand that this does not work and carry out a revolution: they remove Rabban Gamliel, excommunicate Rabbi Eliezer, and elevate Rabbi Eleazar ben Azariah. He describes “they added benches” and the opening of the study hall as a move that gives up checking whether “their mouths and hearts are the same” and prefers examination of arguments, in a way that turns Torah into something more democratic and dialogical.

Power, fear, and excommunication as a response to dispute

The speaker describes the people of the strong-hand camp as taking harsh actions to the point that people feared them, and emphasizes that in the stories there was fear of the anger and severity of Rabban Gamliel and Rabbi Eliezer and their ability to bring destruction. He clarifies that the figure who blinds a student in the story is Rabbi Eliezer and not Rabbi Eleazar ben Azariah, and distinguishes between Rabbi Eleazar ben Azariah as a leader of openness in Yavneh and Rabbi Eliezer, who remained excommunicated in Lod until the end of his life. He connects “on that day the entire tractate Eduyot was taught” to closing questions that had remained stuck under a traditionalism that did not know how to decide when there was no clear tradition.

The paradox of custom and preserving the revolution

The speaker argues that the students of revolutionaries tend to become the greatest conservatives, preserving the revolution as if it came from Sinai, and gives general examples of students of revolutionaries who are unwilling to deviate from their teachers’ path. He cites Rabbi Chaim Lumentzvig of Yeruham for the idea that custom is the peak of conservatism, and then defines custom as “the freezing of the revolution,” because it begins as a change that later becomes forbidden to change. He points to the paradox in which people oppose a previous state in order to create a new custom, and afterward relate to it as unchangeable.

Rabbi Eliezer in Lod and the tension between tradition and dialectical analysis

The speaker describes the dramatic isolation of Rabbi Eliezer in Lod as someone who holds the entire Torah as a “plastered cistern that loses not a drop,” while in Yavneh they innovate, vote, and debate as if the information were inaccessible. He cites the story in Chagigah about Ammon and Moab, which tithe in the seventh year, where Rabbi Eliezer claims this is a law given to Moses at Sinai and asks why they did not come ask him, and at the same time emphasizes that the sages’ explanation hit on the truth even though it came from their own minds. He presents a double message here: criticism of replacing tradition with arguments and votes, alongside consolation that human Torah scholars can reach the correct result even when working from reasoning.

The death of Rabbi Eliezer, laws of sorcery, and Rabbi Akiva as an unusual student

The speaker moves to two passages from Sanhedrin dealing with Rabbi Eliezer’s death and brings the Mishnah in which Rabbi Akiva says in the name of Rabbi Yehoshua about two people gathering cucumbers and the distinction between “one who performs an act” and “one who deceives the eyes.” He presents a discussion of Maimonides’ view regarding sorcery and sleight of hand, and the difficulty of explaining the distinction between a real act and an illusion, while presenting the possibility that for some of the medieval authorities (Rishonim) there are powers that do not operate by the natural order. He recounts the story in which Rabbi Eliezer’s students come to visit him in his final illness, sit four cubits away because of the excommunication, and he demands of them why they did not come earlier and reacts sharply, even to the point of cursing them that they will not die natural deaths, while to Rabbi Akiva he says, “Yours will be harsher than theirs.” He quotes Rabbi Eliezer’s lament that he learned much and taught much, yet his students diminished him only “like a brush from a tube,” and emphasizes his claim that he has hundreds and thousands of laws that no one ever asked him about.

Planting cucumbers, the permission to study sorcery, and the question of “for learning”

The speaker recounts that Rabbi Eliezer says only “Akiva ben Yosef” used to ask him about the laws of planting cucumbers, and he presents the example in which Rabbi Eliezer says one thing and the field fills with cucumbers, and then says one thing and they gather into one place. He brings the Talmud’s question of how this could be permitted if “one who performs an act is liable,” and the answer “for learning is different,” along with the rule “You shall not learn to do… but you may learn in order to understand and to rule.” He returns to the story of Rabbi Eliezer’s death in which his soul departs as he rules “pure,” and Rabbi Yehoshua declares, “The vow has been annulled, the vow has been annulled.”

Attributing the law to Rabbi Yehoshua and not to Rabbi Eliezer as a principled declaration

The speaker emphasizes the Talmud’s solution, which distinguishes between “tradition” and “reasoning”: Rabbi Akiva learned the law from Rabbi Eliezer but did not understand it, then went from Rabbi Eliezer to Rabbi Yehoshua in order to receive an explanation, and in the Mishnah he attributes the law to Rabbi Yehoshua. He interprets this as a summary of worlds: Rabbi Eliezer represents authority and tradition without compelling reasoning, while Rabbi Yehoshua represents a Torah of give-and-take in which the reasoning is primary, and Rabbi Akiva adopts Rabbi Yehoshua’s conception on the level of explanation even while preserving an appeal to tradition on the level of accepting the law. He suggests that Rabbi Akiva reflects a middle way in which not everything is invented from reasoning alone and one does not cling only to tradition, but rather one takes tradition and joins it with understanding that also allows critique and weighing.

Rabbi Akiva as the father of the Oral Torah and a dialectical synthesis

The speaker cites the Talmud in Sanhedrin 86, “An anonymous Mishnah is Rabbi Meir… and all of them are according to Rabbi Akiva,” and explains that Rabbi Akiva’s status as the father of the Oral Torah is connected to his ability to synthesize tradition and reasoning. He places this in a structure of thesis-antithesis-synthesis: Rabbi Eliezer and the early Rabban Gamliel as traditional authority, Rabbi Yehoshua and Rabbi Eleazar ben Azariah as a democratic Torah of reasoning, and Rabbi Akiva as a balanced resolution. He argues that from here emerges a need to weigh the value of tradition alongside understanding, because reasoning makes mistakes and tradition too has authority.

Suffering, atonement, and the reversal of roles on the day of Rabbi Eliezer’s death

The speaker quotes another story in which students are crying and Rabbi Akiva is laughing, and he explains that Rabbi Akiva is happy because Rabbi Eliezer’s suffering in this world indicates that he is destined for the World to Come and did not already receive his reward in this world. He highlights the “elephant in the room,” where everyone understands that this is punishment for the episode of the excommunication and the dispute, but they do not say it explicitly. He brings Rabbi Akiva’s answer to Rabbi Eliezer’s question, “Did I omit anything from the entire Torah?” with the verse, “For there is no righteous person on earth who does good and does not sin.”

“Sufferings are precious” and the request for a reason as a sign of change in Rabbi Eliezer

The speaker quotes the story in which Rabbi Tarfon, Rabbi Yehoshua, Rabbi Eleazar ben Azariah, and Rabbi Akiva visit Rabbi Eliezer, and each one praises him, while Rabbi Akiva says directly, “Sufferings are precious.” He emphasizes the moment when Rabbi Eliezer requests, “Support me so I may hear the words of Akiva my student,” and asks, “From where do you derive this?” and sees in this a reversal in which Rabbi Eliezer demands reasons instead of tradition. He presents Rabbi Akiva’s exposition from Manasseh and Hezekiah as the source for the idea that suffering brings a person back more effectively than toil and study, and connects this to the possibility that the suffering was intended for repair and repentance.

Rav Kook on Rabbi Eliezer: renewed tradition through the power of intellect

The speaker brings a letter of consolation by Rav Kook to the grandchildren of the Avnei Nezer in which Rav Kook reconciles the statement that Rabbi Eliezer “never said anything he had not heard from his teacher” with the description that he said things “that no ear had ever heard before.” He presents Rav Kook’s explanation, according to which Rabbi Eliezer’s ear heard in his teacher’s words what others did not hear, and yet his Torah is “entirely a renewed Torah brought forth through the might of his holy intellect.” He interprets Rav Kook’s words as meaning that the student draws from his teacher’s words a significance that even the teacher himself is not explicitly aware of, as a renewal based on tradition but not identical to the intention of the transmitter.

The illusion of the “hollow pipe” as an ethos rather than a reality

The speaker concludes with the claim that Rabbi Akiva’s synthesis is a synthesis of ethoses more than an essential change, because in practice no human transmission is a hollow pipe. He argues that already “Moses received the Torah from Sinai and transmitted it to Joshua” cannot be an identical copy, and every transmission is a game of “telephone” in which the receiver understands differently, even if the official ethos describes absolute faithfulness. He gives examples of ethoses that are aware of their own historical inaccuracy yet preserve a normative truth, such as the statement that Abaye and Rava learned in Yiddish, or Hasidic ideas about customs as symbols of separateness.

The stages in the formation of dispute until its idealization

The speaker presents a multi-stage process: at first a divine Torah passes through a hollow pipe; after prophecy ends and at the beginning of the Second Temple period, a human Torah is created under the principle “It is not in heaven”; as a result, disputes multiply and the question arises how to decide them. He describes a first attempt to suppress dispute by force, and after its failure a revolution that accepts dispute as a necessity, and then a further move in which dispute becomes an ideal. He notes Chagigah and the requirement “Incline your ear to hear the words of the sages, the words of those who declare pure…” as a stage in which dispute already receives glorification and not merely retrospective acceptance.

“These and those are the words of the living God” and the tension with halakhic decision

The speaker presents the foundational phrase “These and those are the words of the living God” as an idealization of dispute that accompanies the tradition to this day, while recognizing that there are limits to the domain in which it applies. He brings the Talmud in Eruvin about the three years during which Beit Shammai and Beit Hillel disagreed, the heavenly voice that declared “these and those” and “the Jewish law follows Beit Hillel,” and the explanation that Beit Hillel merited this because they were gentle and humble and would teach both their own words and the words of Beit Shammai, even putting Beit Shammai’s words before their own. He sharpens the three difficulties in the Talmud: how can two contradictory sides both be the words of the living God, how is Jewish law nonetheless fixed like Beit Hillel, and what is the meaning of Beit Hillel’s moral-stylistic superiority in determining the law.

A heavenly voice, “It is not in heaven,” and Tosafot’s solution to a deadlock of decision

The speaker brings Tosafot’s question of how one can rely on a heavenly voice if the rule is “It is not in heaven,” and presents his own solution based on Tosafot in Eruvin 6, according to which the dispute was a meta-dispute about what kind of majority is decisive: a majority in wisdom or a majority in number. He argues that when the very rules of decision themselves become stuck and there is no way to decide by means of them, the heavenly voice appears in order to pull Jewish law out of the deadlock, and therefore this is not a simple contradiction to the rule “It is not in heaven.” He also points to the possible parallel to the oven of Akhnai, where a heavenly voice emerged and the sages did not accept it, as a point that sharpens the depth of the revolution.

The Ritva: “forty-nine facets for prohibition and forty-nine facets for permission” and the secret of “by the way of truth”

The speaker brings the Ritva on Eruvin, who asks how “these and those are the words of the living God” can be possible when one side forbids and the other permits, and quotes the answer of “the rabbis of France” that when Moses ascended on high he was shown, regarding every matter, forty-nine facets for prohibition and forty-nine facets for permission, and the decision was handed over to the sages of Israel in every generation. He highlights the continuation in the Ritva, “and this is correct by way of homiletics, but by the way of truth there is a secret reason in the matter,” as an opening to the next stage in which he will seek to understand why this explanation is defined as homiletic and what the secret is behind the possibility that both sides are the words of the living God.

Full Transcript

[Rabbi Michael Abraham] Okay, just to get back into the matter, I spoke a bit about the development of the institution of dispute, or the concept of dispute, in its historical development, and I sketched some sort of picture from the Talmudic sources — that is, from the sages — some sort of picture of a transition of the Torah from a divine Torah to a Torah of human beings. Basically this is some kind of development of the Oral Torah. Yes, Shimon HaTzaddik would say three things — at the beginning of Pirkei Avot, there at the start, it sounds as though he is the first one who would say things, meaning that Torah was attributed to him as a person. And I also tried to show within the structure of Pirkei Avot how the Mishnah, the mishnayot there at the beginning, are formulated — that there was some sort of conception there of transmitting Torah through a hollow pipe, as something we are not supposed to touch, but simply to pass on as faithfully as possible. And at the beginning of the Second Temple period another approach develops, in which people basically add to the Torah, or there are parts of the Torah that are attributed to human beings. Later, in the middle of the Second Temple period, a bit after Shimon HaTzaddik, the two Yoseis — that is the first dispute, the Mishnah in Chagigah 16. And that is a result of the fact that Torah is created by human beings, from human reasoning, so naturally dispute is also created. If you transmit it through a hollow pipe, what you transmit is what there is; everything beyond that is speculation. People do not even claim that it is Torah. So there can be disagreement between people, but it is not a Torah disagreement, because what people say is not what we received. What we received is Torah; everything beyond that is other things. Once what human beings create or interpret is also part of Torah, disputes begin to arise within Torah, and then disputes really begin. And this becomes consolidated in the period of Beit Shammai and Beit Hillel, which is the last pair, or the students of the last pair. Rabban Yohanan ben Zakkai had already learned from Hillel and Shammai; he received from them, the last one who appears in Pirkei Avot as someone who received. But the others no longer have that language of “received” — after Rabban Yohanan ben Zakkai, he had students, and this one learned from him and that one learned from him, but there is no longer this message of “Moses received Torah from Sinai and transmitted it to Joshua,” and so on. And he asks, “Give me Yavneh and its sages” — that is in the period of the destruction — and then the Sanhedrin in Yavneh is created. The first generation of Yavneh is basically the first generation of tannaim, the students of Rabban Yohanan ben Zakkai — Rabban Gamliel and Rabbi Eliezer and Rabbi Yehoshua, say, that is roughly the first generation. They are about the same age; Rabbi Eliezer and Rabban Gamliel are brothers-in-law. They are basically in positions of leadership, and Rabbi Yehoshua is the nebach, yes, the one they push around. “Nebach” is from Machanayim, yes. But he too is basically the same age; he belongs to this leading stratum, even though he was a blacksmith — we saw there in the Talmud that he was a blacksmith — and Rabban Gamliel did not even know that. That in fact there are tannaim here who work hard for a living, and their Torah is Torah studied with great difficulty, not in the pampered setting of the Nasi’s household, as was the case with Rabban Gamliel or the dynasty of Rabban Gamliel. And the whole oven of Akhnai, and the harassment of Rabbi Yehoshua, the removal of Rabban Gamliel, the excommunication of Rabbi Eliezer — we saw that all these stories somehow revolve around the same point, without going into the details again: the point of how disputes are decided. Once a dispute appears, we start grappling with the question of what to do with it. So at first Rabban Gamliel and Rabbi Eliezer advocate a strong hand — that is, suppress anyone who does not think like us, because dispute is terribly dangerous, and if we do not impose our view there will be problems; meaning the Torah will break apart, split into several different study halls that will stop speaking to one another. And at a certain point the sages understand that this business does not work, and so they make a revolution. They remove Rabban Gamliel, excommunicate Rabbi Eliezer, and put Rabbi Elazar ben Azariah in their place. And we saw the Talmud in Chagigah, where Rabbi Elazar ben Azariah expounds there that all the people — they added benches in the study hall and everyone comes into the study hall — and behind these things, beyond the hymn of praise to openness and so on, there is really some dramatic description of the meaning of it, the significance of the upheaval that happened there. That Torah became more democratic, that they no longer examine whether people’s mouths and hearts are the same, as Rabban Gamliel did — whether their inner self matches their outer self — but rather: say what you think, and we will examine your arguments. We do not care whether you are a faithful transmitter. For all we care, be a pathological liar. Give us the reasoning; we’ll examine the reasoning. Either you are right or you are not right. Why should I care now about your character and your nature and your traits?

[Speaker E] But regarding the creator — when a person creates Torah — is that like Einstein created the theory of relativity, or like, I don’t know, whoever created contract law?

[Rabbi Michael Abraham] That’s an interesting question. I’ll get to that later. I tend to think yes, it’s like Einstein and the theory of relativity. There is a true Torah; he discovers it, he doesn’t create it.

[Speaker E] It’s not like the rules of soccer, where we create the rules of soccer out of nothing.

[Rabbi Michael Abraham] I — but I’ll get to that, I hope, later today. And then the question arises, yes, how to deal with disputes. The strong-hand method doesn’t work. Revolution: they depose the strong-hand party, the authoritarian party, and elevate the democratic party.

[Speaker F] Not the strong hand — the traditionalist one.

[Rabbi Michael Abraham] Yes, yes, but with a strong hand. Meaning, whoever disagrees with us — push him around, “will you come with your staff and your pack?” Meaning, they used a strong hand there. So Rabbi Eliezer blinds his student who came to visit him there in Lod. These fellows were not — they were not easy people. So when they went to tell him that he was excommunicated, Rabbi Eliezer — you know — they feared for their lives. Rabban Gamliel too. Same thing, the two stories tell it in two different places. They feared for their lives, that they were going to destroy the world — Rabban Gamliel and Rabbi Eliezer. Now again, I don’t know whether the description is really saying that they actually believed these people had some sort of powers to return the world to chaos, but clearly there was fear of their severity, their anger — fear of harsh actions, actions that I’m not sure whether to call violent.

[Speaker G] The one who blinds is from the democratic party, Rabbi Elazar ben Azariah.

[Rabbi Michael Abraham] No, Rabbi Eliezer. The version there says Rabbi Elazar, but I said, it should read Rabbi Eliezer. Rabbi Eliezer was in Lod, and he was under excommunication, and the whole story clearly points to Rabbi Eliezer. Rabbi Elazar ben Azariah, on the contrary — Rabbi Elazar ben Azariah is the one who sat in Yavneh and they told what he expounded. Meaning, when it says “eighteen” — whose Sabbath was it?

[Speaker H] The Sabbath of —

[Rabbi Michael Abraham] Whose was it? The question is whether it was Rabbi Elazar ben Azariah’s week or Rabban Gamliel’s, because Rabban Gamliel repented, accepted the new rules of the game, and they returned him to the presidency of the Sanhedrin on a rotation together with Rabbi Elazar ben Azariah. But Rabbi Eliezer did not give in, and he remained excommunicated until the end of his life in Lod.

[Speaker F] By the way, is that where these traditionalists, this party, basically come to an end?

[Rabbi Michael Abraham] Yes, yes. Then more or less — again, it’s never black and white — but in terms of the description, the ethos of the development of dispute, I do think yes, that there they cut it off. “On that day the entire tractate Eduyot was taught.” Meaning, they brought all the questions that they had not managed to close during the traditionalist period. If you have tradition, you’re stuck; you have no way to decide.

[Speaker H] Didn’t conservatives arise after them too?

[Rabbi Michael Abraham] Not in the same sense. In a moment I’ll show that there were also intermediate shades. And the conception that basically we were raised on took over — I mean, it somehow seems self-evident to us, but you have to understand that it is the result of a very non-simple revolution. I once mentioned that very often the students of revolutionaries are the greatest conservatives. The students of Rav Kook, the students of Rabbi Chaim of Brisk, the students of all kinds of Chazon Ish figures. Meaning, all kinds of people who made an amazing revolution — their students are not willing to deviate by a millimeter from what their rabbi did, because they are sure it came from Sinai. They preserve the revolution. Yes, exactly. Rabbi Chaim Lumentzvig of Yeruham once said that custom — custom is the summit of conservatism; you must not change customs, right? But what is a custom? How is a custom created? A custom is the freezing of the revolution. What is a custom? Something was created that basically did not have to be done according to Jewish law, people did not do it, and suddenly they started. Meaning, it begins as something that changes what used to be, and after they changed it, now you must not touch it, because with customs you have to preserve the customs. Why did the previous custom not have to be preserved when this custom was created? They went against the previous state. There is a certain paradox in this attitude toward customs, this conservatism in which we preserve customs. So here too, this ethos that was created there after the revolution ultimately survived until our own day. Today, for us, anyone who says otherwise is a heretic in the main principle. I mean, he didn’t receive Torah from Sinai at all. This Torah was not received at Sinai; this Torah was received in Yavneh. Meaning, long after Sinai. There was some kind of revolution here that people took on their own shoulders. Meaning, this thing too was created by human beings. This approach, that Torah is a Torah of human beings, was itself created by human beings. Because in the end they later expound “It is not in heaven,” and so on. Fine, they expound verses that clearly until their time were not understood that way. Okay, and basically a new conception was created here. And then basically you have this Rabbi Eliezer sitting alone in Lod — all in all, quite a touching story. Sitting there alone in Lod, the greatest Torah scholar, holding the entire Torah, a plastered cistern that loses not a drop, all of them his students, the one who recites three hundred laws about gathering cucumbers — the Mishnah says so in Sanhedrin. Meaning, he had tremendous mastery. Everything that had been said until his day he held. Okay? And nobody came to ask him anything. Anything. Meaning, he holds the whole Torah, and over there in Yavneh they are engaged in dialectics and innovating Torah and arguing and all that, while all the information is with him. We saw the Talmud in Chagigah, where he got so angry that they were discussing whether Ammon and Moab tithe in the seventh year. He says to them, this is a law given to Moses at Sinai, why didn’t you come ask me? You’re making dialectics and reasons and votes and the majority decides and so on — in the end they hit the truth. It’s nice, that story there is a beautiful story, because they show us Rabbi Eliezer’s criticism, but on the other hand the reckoning they made from their own minds, from their own reasoning, arrived at what the law given to Moses at Sinai really says. Meaning, there is some message in the subtext — don’t worry. True, the Torah is a Torah of human beings, but if we take human beings, Torah scholars who work properly, they also reach the right results. Meaning, don’t panic that surely everything here is mistakes and so on — which of course is a consolation one has to take with a grain of salt, because clearly there are mistakes too. Human beings always make mistakes. But the point is that you should not be disturbed by this. We do what we understand, and that’s it; we can’t do more than that. Now, what still remains for us to do is, I want to move to the end of the page, on its second side. There are two passages there from tractate Sanhedrin, and both deal with the death of Rabbi Eliezer. Rabbi Eliezer is now under excommunication in Lod. We were in Chagigah there, where his student Rabbi Yosei came to him there. But basically no one comes to him. He sat excommunicated. Until the day of his death he sat excommunicated. Because he did not give in — and apparently he was no small stubborn person — he did not give in, and they also did not relent with him. Meaning, he sat excommunicated in Lod until the end of his life. And here there are two stories, really part of that same dramatic intensity we saw in the earlier stories too. Rabbi Akiva says in the name of Rabbi Yehoshua — this is a Mishnah — “Two are gathering cucumbers: one who gathers is exempt and one who gathers is liable; the one who performs an act is liable, and the one who deceives the eyes is exempt.” This is in the laws of sorcery. “Gathering cucumbers” means that you perform all sorts of sorcery with these cucumbers, something like that. So the question is whether you are deceiving the eyes or actually performing an act. Okay? And by the way, the halakhic decisors, for example, say that all sorts of magicians and things like that are in principle sleight of hand, but in order not to violate the prohibition you also have to inform the audience that it’s sleight of hand. Meaning, if you present yourself as someone who has real powers, even though you are not doing an act but merely deceiving the eyes, then you violate the prohibition. You also have to inform them that it’s sleight of hand, and then it’s okay, because you’re only showing them.

[Speaker I] What? That’s according to Maimonides. What? That’s according to Maimonides, I think.

[Rabbi Michael Abraham] I’m not sure that’s a dispute. It’s clear that it fits. According to Maimonides it has to be that way. According to the other medieval authorities (Rishonim), it can be that way; it doesn’t have to be that way. According to Maimonides, there is no — there isn’t anything else. Meaning, you can’t do things that are not really by the natural order; there are no powers of another kind. So clearly the whole prohibition can only exist in a situation of deceiving the eyes. There is no other prohibition. So what does “performed an act” mean here? The question is how Maimonides explains this distinction in the Mishnah, whether he performed an act or merely deceives the eyes. For the other medieval authorities (Rishonim), or for some of them, those not in Maimonides’ camp, there is also the possibility of doing an act through other powers, and there is deceiving the eyes — there are two things.

[Speaker I] Also according to that reasoning, if the reasoning is that there is also a real act, yes, then why say that if he doesn’t tell them it’s sleight of hand —

[Rabbi Michael Abraham] He — and that’s what the halakhic decisors — maybe that too, I don’t remember right now again who says what, one would need to check, but the plain meaning is that even according to them it can also be a prohibition. Even if what you’re doing is sleight of hand, but you don’t tell people, that can altogether be prohibited, like doing a real act. Again, fine, “You shall be wholehearted with the Lord your God.”

[Speaker I] Here that doesn’t contradict the Mishnah, does it? Seemingly that way.

[Rabbi Michael Abraham] So the question is how to interpret it. But in any case Maimonides also has to interpret this Mishnah. Whatever Maimonides will say, they can also say.

[Speaker I] Fine, one has to look, one has to —

[Rabbi Michael Abraham] Check it, it’s hypothetical. Rabbi Akiva said, etc. The Talmud says: and Rabbi Akiva in the name of Rabbi Yehoshua? But Rabbi Akiva learned it from Rabbi Yehoshua? The Talmud, after all, says: but Rabbi Akiva learned it from Rabbi Yehoshua? But it was taught in a baraita — the Mishnah says that Rabbi Akiva says it in the name of Rabbi Yehoshua. The Talmud says — and then it wasn’t said in the name of Rabbi Yehoshua? After all, Rabbi Akiva learned it from Rabbi Eliezer. Rabbi Akiva was a student of both Rabbi Yehoshua and Rabbi Eliezer, of both. And it was taught: when Rabbi Eliezer fell ill, Rabbi Akiva and his colleagues entered to visit him. “Fell ill” meaning his final illness, that is, when he was about to die. And he was sitting in his canopied bed, and they were sitting in his reception room, and that day was Sabbath eve. And his son Hyrcanus entered — yes, you can see there, okay — to remove his tefillin. He rebuked him, and he left in anger. He said to his colleagues, “It seems to me that my father’s mind has become confused.” Meaning, I think he has already lost his sanity, as though he is already about to die, he’s really at the very end. He said to them, “His mind and his mother’s mind have become confused. How can they leave aside an offense punishable by stoning and busy themselves with an offense of rabbinic rest?” Meaning, Rabbi Eliezer says to them that the mind of his son and his son’s mother has become confused, because they want to remove his tefillin in order to exempt him from a rabbinic restriction involving tefillin on the Sabbath, but because of that they are going — here I think the meaning is to carry the tefillin afterward into the public domain, which is an offense punishable by stoning. Okay? So they will violate an offense punishable by stoning in order to spare me a rabbinic restriction. So the sages saw there — it doesn’t matter right now, I think that’s the meaning — but the sages saw there: once the sages saw that his mind was settled upon him, meaning they saw that he did not do this out of madness but was showing halakhic judgment, meaning the man was fully lucid. They entered and sat before him at a distance of four cubits. Again four cubits, as we already saw, because he was under excommunication. So they sat four cubits away from him.

[Speaker I] Sorry, under excommunication — the law of excommunication is that you can speak to him from a distance of four cubits?

[Rabbi Michael Abraham] That’s a major question throughout this whole story, in both stories and also in tractate Chagigah. Because once he is excommunicated, then you aren’t allowed to visit him at all; you aren’t supposed to speak with him; he is supposed to be ostracized. So I don’t know — maybe it depends on what level of excommunication they imposed; maybe there are different levels. One would need to check that; I don’t know. But the fact is that the sages here — in a moment we’ll see — Rabbi Akiva visited him even during the intervening time, not only on the last day; he was the only one. We’ll see this later in the Talmud. Meaning, there were visits here. And I also asked myself how this fits with the matter of the excommunication, but here you see that they maintain some distance, but still they come. Maybe here they are coming to annul it; here they are coming to annul the excommunication. So that’s not a difficulty. The question is how Rabbi Akiva came to him earlier.

[Speaker J] Earlier he came in order to inform him? What? Earlier Rabbi Akiva, like to inform him?

[Rabbi Michael Abraham] No, no, no. He came also — in a moment we’ll see here in the Talmud — that he says Rabbi Akiva used to come to him. They entered and sat before him at a distance of four cubits. He said to them, “Why have you come?” “Why have you come?” meaning, until now you weren’t here. For years I’ve been here alone, none of you came, and now suddenly you’ve come? They said to him, “We have come to learn Torah.” Yes, a Jew who holds the whole Torah, yes? He said to them, “And until now, why didn’t you come? Where were you until now?” He pushes them into a corner a bit. They said to him, “We did not have time.” Busy, we didn’t have time.

[Speaker F] They didn’t find a better answer.

[Rabbi Michael Abraham] A better one, yes — they feel uncomfortable. He said to them, “I wonder whether they will die unnatural deaths.” He basically cursed them. Meaning, that’s exactly what they were afraid of — that if he got angry he would turn the world back into chaos. He and Rabban Gamliel. You see it — he gets angry, he —

[Speaker K] Still, yes.

[Rabbi Michael Abraham] And then of course Rabbi Akiva says to him, “And what about me?” Why does he ask him? Because Rabbi Akiva himself did come to him. Now we’ll see this later on; I’m just bringing it forward so the background will be clear. Rabbi Akiva did come to him. So he asks him, Rabbi Akiva, “Me too? Will I also not die a natural death?” We already know what ultimately happened to Rabbi Akiva, right? He said to him, “Yours will be harsher than theirs.” You will die the worst death. Apparently because Rabbi Akiva was his direct student, his claim against Rabbi Akiva was much stronger. Even though Rabbi Akiva came to visit him, from Rabbi Akiva he expected more. So that’s why he says: you, Rabbi Akiva — even though you came unlike the others — still, not enough. Meaning, from you I expect more, and yours will be worse than theirs.

[Speaker I] More — meaning basically not to accept the majority’s decision about the excommunication?

[Rabbi Michael Abraham] Apparently, because Rabbi Eliezer himself did not accept it. Rabbi Eliezer did not accept that they were excommunicating him; he thought it was a mistake. So he expected them not to uphold it, apparently. That’s how I understand it, yes. He took his two arms and placed them on his heart and said, “Woe to you, my two arms, which are like two Torah scrolls being rolled up.” So Rabbi Eliezer says: “I learned much Torah and I taught much Torah. I learned much Torah and diminished my teachers no more than a dog licking from the sea. I taught much Torah, and my students diminished me only like a brush from a paint tube.” Yes, when you dip the brush into the paint, what it takes away from the paint is almost nothing. That is what my students diminished from me, meaning. Rabbi Eliezer says: I hold the entire Torah, and you did not learn from me even a tiny little bit of what I know. You’re doing dialectics for yourselves in Yavneh, reconstructing laws, instead of coming and asking me — everything is with me, I know. I think I mentioned this — what does it mean, “I did not diminish my teachers any more than a dog licking from the sea,” or “you did not diminish from me”? Rashi there senses the difficulty — you can see from his wording that he senses the difficulty. When I learn from someone, I don’t diminish it from him. Why is this called diminishing? If I learned from him, does he forget it? It’s like the rebbe who buys the tune from the shepherd, yes? The shepherd forgets it and the rebbe converts the tune. It doesn’t work like that. One candle can light another and then a hundred. When you learn Torah, it remains with the teacher and now you know it too. Why is that called diminishing? So I argued in an article in Techumin once — admittedly these are aggadic words, but I think that as a statement made innocently, if in the Talmud here, the meaning is that information matters only when it is unique information. Meaning, when information is only in your possession and not in others’, then the information is worth something. If everyone knows it, it has no economic value. I spoke there about rights, about intellectual property. Meaning, the question is: when you take information that someone has, what’s the problem? The information is still with him; why is that called taking his information? The point, I argued, is that this is called taking away the uniqueness of the information. And once it is no longer unique, that information is worth nothing. If everyone knows it, then no one will pay such an expert for what he knows if everyone knows how to do what he does. Okay, that’s just a side remark. In any case, that’s what he says. “And what’s more, I recite three hundred laws regarding a bright spot, and no one ever asked me anything about them.” I have so many laws — surely in Yavneh you engaged in dialectics about this and tried to reconstruct what happens — I hold all these laws; you just had to come, and I would tell you yes or no. So he continues: “And what’s more, I recite three hundred laws — and some say three thousand laws — regarding the planting of cucumbers.” This is the part from our Mishnah. Remember what Rabbi Akiva said in the name of Rabbi Yehoshua. “And no one ever asked me anything about them, except for Akiva ben Yosef.” Rabbi Akiva did come and ask me, about the laws of cucumbers and sorcery. “Once he and I were walking on the road, and he said to me: My master, teach me about planting cucumbers.” Yes, it really sounds like agriculture; you could hang it in the dining hall of the kibbutz. “Planting cucumbers” means, of course, sorcery involving cucumbers. “I said one thing, and the whole field filled with cucumbers.” Meaning, I taught him sorcery. How do you perform sorcery? I was the great master of sorcery. Meaning, he also learned the practical side of sorcery, not only the laws of sorcery, because in order to diagnose sorcery you need to learn the craft of how it is done. Who really does and who doesn’t, who performs an act and who merely deceives the eyes. After all, that is the distinction the Mishnah makes, that the one who performs an act is liable and the one who deceives the eyes is exempt. So you need to see — how do you know to distinguish when the magician is tricking us and when he has real power? Another magician, right? Another magician can know whether this magician knows how to do these things or is only fooling us. An ordinary person can be fooled. So Rabbi Eliezer, as part of his expertise in the laws of sorcery, simply learned sorcery. Meaning, he said one word and the whole field filled with cucumbers, sorry.

[Speaker I] Wait, but how is that — if he said one word and the field filled with cucumbers, then he performed an act, didn’t he? That seemingly isn’t just learning.

[Rabbi Michael Abraham] Right, but doing an act for the sake of learning apparently isn’t forbidden.

[Speaker I] Ah, because I understood the statement to mean that you’re allowed to study them only if it’s solely for the purpose of teaching, and not for the purpose of doing.

[Rabbi Michael Abraham] No, but that too is for the purpose of teaching.

[Speaker I] But here the statement is that you’re allowed even to do the acts of sorcery if it’s for the purpose of teaching.

[Rabbi Michael Abraham] Teaching, yes, also. What I said before is either for the sake of teaching—you just need to make it known that what you’re doing is sleight of hand. No, this is something… uh, no, from here at least, again, I don’t have other sources. From here you see that apparently when you do it in order to engage in the relevant Jewish laws, then it is permitted. It’s a bit like what they say about Maimonides, right? The Tashbetz writes this in Magen Avot on Pirkei Avot. He explains that what is written, “Do not stray after your hearts and after your eyes,” meaning that it is forbidden to read heretical books and things like that—so they ask there: how did Maimonides read them? He himself brings this prohibition of “do not stray,” and he himself says that he read those books. So they answer that someone who studies them in order to know how to deal with them is not subject to the prohibition. The prohibition is when you study in order to identify with it, to internalize it, to adopt it. So here too, apparently, the point is that if you do it as part of study or teaching, when you’re teaching Rabbi Akiva, then apparently there is no prohibition.

[Speaker E] Also, he didn’t perform an act; he said something.

[Rabbi Michael Abraham] Yes, but “it became filled” and all that… “performing an act,” I think, doesn’t necessarily mean specifically a physical act. Rather, it means that when you speak and you actually perform sorcery, you’re not just doing sleight of hand. The contrast with “performing an act” is not speech. The contrast with sleight of hand is sleight of hand.

[Speaker E] Yes, but what it says is “one gathers and one gathers,” meaning it sounds like it’s not that one says one kind of incantation and the other says another kind.

[Rabbi Michael Abraham] No. What’s relevant is: “one who performs an act is liable, and one who deceives the eyes is exempt.”

[Speaker E] Meaning, a gathering that involves a real act.

[Rabbi Michael Abraham] Not “involves an act.” Real gathering is liable, and sleight of hand is exempt. How do you do the real gathering? It could also be through speech. Meaning, the contrast here is between whether you really did it or not, not necessarily in the technical sense of a prohibition that involves an act—I don’t think so. By the way, speech too, at least in some places, counts as an act. Muzzling by voice—the Talmud in tractate Bava Metzia 90—you muzzle by speaking, and that’s called an act.

[Speaker E] Yes, but they would have brought that—they wouldn’t have needed to bring this as an example of something that’s supposedly an act that doesn’t involve an act, where there’s only speech and yet he violates a prohibition.

[Rabbi Michael Abraham] “Movement of the lips is considered an act.” I didn’t understand?

[Speaker E] No, because when the Talmud brings examples, they bring conspiring witnesses and I don’t remember what else, but they don’t bring sorcery as an example. Sorcery means someone who does something that could be—

[Rabbi Michael Abraham] They could have brought this too, I don’t know. Or maybe with sorcery it isn’t considered a prohibition involving an act; I don’t know exactly. But simply speaking, it seems to me that the distinction here is not necessarily “act” in the sense of a prohibition involving an act, because in fact the contrast is—you would have had to say “one who performs an act is liable, and one who does it without an act is exempt.” But the contrast is “one who deceives the eyes,” not “one who does it without an act.” It also sounds like—in Nazir 11 as well, the Talmud discusses there—wait, the Talmud says there that anyone who says “on condition that” is considered as though he said “from now.” Meaning, when there is a condition introduced by “on condition that,” it uproots the act. If the condition is not fulfilled, then the act is uprooted. So Rabbi Elchanan Wasserman and Rabbi Akiva Eiger discuss there—it starts in Shitah Mekubetzet there in Nazir—how can that be? After all, when you speak—yes—how can speech uproot an act? So they say that naziriteship is not an act, because with naziriteship you just speak. Therefore the condition can uproot the speech because it is not uprooting an act. And Rabbi Elchanan says that’s not true: if the speech created the legal status of naziriteship, then this is called speech that uproots an act, because it has a result. Meaning, it doesn’t matter that the result was produced through speech; if some result was produced—and here it’s even a halakhic result, naziriteship, not a real-world result—that is called an act. And in this context, an actual physical result is produced here, not only a halakhic result, so certainly it would count as an act. But there is some dispute there—if I’m not mistaken, Rabbi Akiva Eiger and the Shitah Mekubetzet disagree there, I think. Rabbi Elchanan talks about it there in Nazir. In any case, then it says: “It was stated regarding cucumbers: Rabbi said to me, ‘You taught me their planting; teach me their uprooting.’ I said one thing, and they all gathered into one place.” In short, he played around with those cucumbers in all directions. They said to him: “The ball, the mold, the amulet, the pouch, the pearl, and the small weight—what is their status?” Now they asked him halakhic questions about ritual impurity and purity, right? They asked Rabbi Eliezer. We’ve now returned to the story. Until here it was just a description of how Rabbi Akiva learned sorcery from him. But now we’ve gone back to the story of all the Tannaim who came to visit him, and they ask him, “What is the law?” He said to them: “They are impure, and their purification is as they are.” “A shoe that is on the mold—what is its status?” He said to them: “It is pure,” and his soul departed. Then he died. “His soul departed in purity”—when he said the word “pure,” he died, so his soul departed in purity because he said the word “pure.” Rabbi Yehoshua stood on his feet and said: “The vow has been annulled, the vow has been annulled.” At the close of the Sabbath, Rabbi Akiva met him on the road from Caesarea to Lod. Rabbi Akiva met Rabbi Yehoshua. He was striking his own flesh until his blood flowed to the ground. He opened with a line of consolation—shurah means consolation after death—and said: “My father, my father, chariot of Israel and its horsemen. I have much money but no money changer to sort it out for me.”

So—up to this point that’s the whole story. Now the Talmud returns to the framing story: this implies that he learned it from Rabbi Eliezer. Let’s go back to the Mishnah above, right? Rabbi Akiva says in the name of Rabbi Yehoshua: “Two gather cucumbers; one gathers and is exempt, and one gathers and is liable.” So he said this in the name of Rabbi Yehoshua. Here in the story we see that he learned the laws of the cucumbers and the sorcery from Rabbi Eliezer, not from Rabbi Yehoshua, right? So why does the Talmud say it in the name of Rabbi Yehoshua? The Talmud says: he learned the tradition from Rabbi Eliezer, but not the reasoning. Then Rabbi Akiva went back and Rabbi Yehoshua explained it to him. Ah, here, here—the Talmud asks the question; I didn’t even remember that it appears later on. “And how could he do that? But didn’t we learn: one who performs an act is liable?” The Talmud answers: learning is different, as you asked, Ari, and as I answered. As the master said: “You shall not learn to do”—to do, you may not learn, but you may learn in order to understand and to teach. But that’s not important for our purposes. What is important for our purposes is this interesting ending with Rabbi Akiva. Rabbi Akiva actually learned this from Rabbi Eliezer but didn’t accept it—he didn’t understand it. He went to Rabbi Yehoshua, and Rabbi Yehoshua explained it to him. Now what’s nice is that in the Mishnah he cites it in the name of Rabbi Yehoshua, not in the name of Rabbi Eliezer. Even though he learned the law from Rabbi Eliezer, only the explanation he got from Rabbi Yehoshua.

Now, it seems to me that this sums everything up. And it’s beautiful that it happens precisely on the day of Rabbi Eliezer’s death. Because on the day of Rabbi Eliezer’s death they are basically explaining to us what the whole story was about. The whole story was whether Torah is given to you as a top-down transmission—that is how Rabbi Eliezer saw it. I learned from my teachers, I will tell you what the truth is, and don’t confuse me with your reasons. That’s irrelevant. You need to accept what I say. And that’s also what he said to Rabbi Akiva when he taught him the gathering of the cucumbers: he told him, this is the law—one who deceives the eyes is exempt, one who performs an act is liable. Period. That’s what I told you. Rabbi Akiva didn’t understand why. What difference does it make? Then Rabbi Yehoshua explains it to him. The explanation doesn’t appear here—it doesn’t matter—but Rabbi Yehoshua was the one who explained the reasoning. Because Rabbi Yehoshua belongs to the opposite camp. Rabbi Yehoshua is the one who says that Torah is what we arrive at through our own understanding. Right? Rabbi Eliezer demanded of Rabbi Akiva that he accept this law because I said so; I don’t want to explain it to you. I don’t have to explain anything to you. Maybe I don’t even know how to explain it to you. It doesn’t matter—the explanation is irrelevant. Fine? You need to accept the law because I said so, because I’m the authority. Again, the authoritarian, traditionalist approach.

And then he goes to Rabbi Yehoshua, who was also his teacher, and Rabbi Yehoshua of course belongs to the other camp. So Rabbi Yehoshua also explained to him why it is correct. In the end Rabbi Akiva says this law in the name of Rabbi Yehoshua in the Mishnah, not in the name of Rabbi Eliezer. That’s very interesting, even though he learned it from Rabbi Eliezer. Meaning, Rabbi Akiva basically adopted Rabbi Yehoshua’s conception and not Rabbi Eliezer’s. Even though he learned the law from Rabbi Eliezer, he states it in the name of Rabbi Yehoshua.

But still, it seems to me that maybe—I don’t know—either this interpretation is right or it isn’t. I don’t think it’s proven in the Talmud, but it seems to me to be a possible or reasonable interpretation that Rabbi Akiva nevertheless marks out some sort of middle path. Because the radical approach of Rabbi Elazar ben Azariah and Rabbi Yehoshua—that everything is based on reasoning and not… Rabbi Eliezer knows everything; you can simply ask him. Why are you engaging in dialectics and trying to reconstruct laws? Ask him—the information exists. “What do we care, what do we care, we’ll derive everything from our own minds”—that is an extreme approach. It’s an extreme approach typical of rebels: when you go out against a dominant approach, you adopt the opposite approach to the fullest, in a radical way. But the truth is somewhere in the middle. There is an element of tradition in Torah; we don’t invent everything. They too didn’t think we invent everything; obviously we’re only talking about ethos here. Probably nobody took things fully to the extreme. But the ethos is like this: Rabbi Eliezer is the thesis, Rabbi Yehoshua is the antithesis, and Rabbi Akiva is the synthesis. He really is the student of both of them. He learned from both. From Rabbi Eliezer he learns the law—there is tradition. Rabbi Akiva learns the traditional law from Rabbi Eliezer; he goes to ask him, and in fact unlike everyone else he goes to ask Rabbi Eliezer. He does go ask him even though he has been excommunicated. Why? There is Torah; I want to know what the truth is. Now there is a tradition about this, Rabbi Eliezer knows it, so why not go ask him? Why on earth should we reinvent the wheel from our own minds, from our own reasoning, instead of going to ask the one who knows everything, who is the teacher of us all? Why not go ask him? So he goes to ask him, but he doesn’t stop there. Afterward he goes back to Rabbi Yehoshua and wants to learn from him too. What does he learn from him? The explanation. He now also understands what he learned from Rabbi Eliezer.

And therefore Rabbi Akiva, it seems to me, reflects here all along the way—not only at the end where it says that he learned from Rabbi Eliezer and Rabbi Yehoshua explained it to him, but from his entire conduct. All the others didn’t even come to Rabbi Eliezer; they didn’t need to, they didn’t come to ask. Rabbi Akiva did go ask, because he wants to know what the tradition says before he goes on to understand things. He does not trust his own mind to that extent, that whatever his mind says is fine, no need for tradition, I’ll invent everything myself. It doesn’t work that way. You need tradition and explanation—precisely this combination of Rabbi Eliezer and Rabbi Yehoshua. Take the tradition and think with your own head about why it is correct; explain it. Then of course you can also draw conclusions from it, you can clarify cases where the tradition got a little garbled, and then you can also critique the tradition you receive. You combine reasoning and intellect with the tradition you receive, and that really is Rabbi Akiva.

[Speaker E] It’s a bit reminiscent of the dispute in science between empiricism and rationalism. Right. And there’s also a Talmudic statement that the law follows Rabbi Yosi because his reasoning is with him. Does that connect to what’s being said here, that there has to be an explanation together with the law, which sort of strengthens the—

[Rabbi Michael Abraham] I’m not sure, because first of all chronologically Rabbi Yosi is a later generation. But I think that statement about Rabbi Yosi is a statement already made within this world of Rabbi Akiva. Within Rabbi Akiva’s world, meaning: the one whose reasoning is more persuasive, the law follows him. On the contrary, in a world where people contend by means of reasoning, Rabbi Yosi had good arguments, he was sharp, so the law follows him. If anything, there’s the statement about Rabbi Eliezer ben Yaakov that his teaching is small in quantity but clean. “His teaching is small but clean”—that does speak a bit more in traditionalist terms. Meaning, he preserves things well, he has a good memory, he gathered all the traditions, checked them carefully, and he maintains reliable material. In that sense, maybe it is some remnant of traditionalism in a later period.

[Speaker E] But about Rabbi Meir they said that the law was not established in accordance with him because they could not get to the depth of his reasoning.

[Rabbi Michael Abraham] So—

[Speaker E] That’s also a bit of proof for this—that even if you’re right, the law still won’t necessarily follow you, because—

[Rabbi Michael Abraham] That too—both Rabbi Meir and those who didn’t rule like him—are all still within the conception of reasoning. Right, only that’s the next stage, and I’ll get to it in a minute. The next stage is not only that we follow the reasoning, but that reasoning has such a status that even where we have indications that our reasoning is wrong, as long as that is what we think, we rule that way. That is already one more step further. Let’s say in a place where I think—I have indications that my reasoning isn’t correct, but this really is what I think; if you ask me, in terms of my understanding, this seems to me to be the truth, and yet I have some indication that I am nevertheless mistaken. For example, precisely this Talmudic passage about Rabbi Meir: the Talmud says that his colleagues did not rule like him because they could not get to the depth of his reasoning. But if he was so wise that you could not get to the depth of his reasoning, then clearly he is right, and if you don’t understand then apparently you are wrong and failed to understand—so you should rule like him. Why is not understanding him a reason not to rule like him? The answer is that it may very well be that he is right; it is even more likely that he is right. But if this is what I think, then this is what I must do. And that is already a more extreme conception of the status of reasoning. Because one could have said that the status of reasoning is that everything has to pass through the crucible of intellect. Fine. If I have an indication that I’m mistaken, I don’t just go with my own intellect blindly. But here there is a statement of “no, no”—reason also constitutes the validity of this law. Meaning, if this is what follows from the intellect, then even if I have an indication otherwise—this is really the meaning of “It is not in heaven.” When a heavenly voice comes out and says that the law follows Rabbi Eliezer, that’s basically what it means—it means that the truth is with Rabbi Eliezer. And nevertheless the sages say: we do not pay attention to a heavenly voice. So that is already written there.

Therefore it seems to me that if I can derive some structure from the Talmudic passage we just read, it really is a kind of dialectical structure that says Rabbi Eliezer and the earlier Rabban Gamliel go with traditionalism, with authority. The later Rabban Gamliel joins Rabbi Yehoshua and his camp, who go with a Torah of give-and-take and not a Torah of tradition—of votes, a more democratic Torah. And Rabbi Akiva creates some kind of synthesis. That is, he takes the tradition and takes the explanations, the reasoning, from Rabbi Yehoshua; the tradition from Rabbi Eliezer; and from them creates something more balanced, yes, more grounded and more balanced. With all due respect to our reasoning, reasoning can be mistaken, and tradition also carries weight. So now we need to see how we weigh reason plus tradition plus understanding. And in the end Rabbi Akiva is the one who is somehow regarded as the father of the Oral Torah. The Talmud says—I brought this here, yes, in Sanhedrin 86: “An anonymous Mishnah is Rabbi Meir, an anonymous Tosefta is Rabbi Nehemiah, an anonymous Sifra is Rabbi Yehudah, an anonymous Sifrei is Rabbi Shimon, and all of them are according to Rabbi Akiva.” The Talmud says that Rabbi Akiva is basically the father of the Oral Torah as we have it today. Meaning, everything we know today ultimately comes from Rabbi Akiva. And I think the reason for that may be—again, this is a conjecture—but I think the reason is that Rabbi Akiva truly expresses this synthesis between Rabbi Eliezer and Rabbi Yehoshua. He studied with both. This synthesis that says: look, you are radicals, you are revolutionaries, and revolutionaries always have to be radical—but revolutionaries are mistaken. That is, they went too far. The balanced approach is, as Maimonides says, to take things to the extreme in order ultimately to arrive at the middle—yes, Maimonides’ middle path. Fine? And the middle path is basically what Rabbi Akiva expresses here, and that is why he is regarded as the father of the Oral Torah.

Let’s maybe just finish with the last Talmudic passage there, also on the day of Rabbi Eliezer’s death—another story, elsewhere, yes, thirty-five pages later. Rabbah bar bar Hannah said: When Rabbi Eliezer fell ill, his students entered to visit him. He said to them: “There is fierce heat in the world.” They began to cry, and Rabbi Akiva laughed. Which is similar to the story of the fox coming out of the Holy of Holies, yes, it’s the same pattern. They said to him: “Why are you laughing?” He said to them: “And why are you crying?” They said to him: “Is it possible that a Torah scroll should be in distress and we not cry?” “Torah scroll” here is of course Rabbi Eliezer. He said to them: “That is why I laugh. As long as I saw that my teacher’s wine did not sour, and his flax was not stricken, and his oil did not spoil, and his honey did not rot, I said: perhaps, Heaven forbid, my teacher has received his world in his lifetime.” Meaning, he received his reward, his world to come, in his lifetime. “Now that I see that he is suffering, that a Torah scroll is in distress, I understand that he is receiving what he needs to receive in this world, and for the world to come he is already prepared for eternal life.” What lies behind this, of course? Everyone understands that Rabbi Eliezer deserves punishment. There is something very problematic there; he expresses a very problematic conception. He deserves punishment. And Rabbi Akiva also agrees that he deserves punishment. The only thing is, he was afraid that he would receive the punishment in the world to come. Now that he sees he is suffering in this world and receiving punishment here for what he did, now I am calm, because he will already make it to the world to come.

He said to him: “Akiva, did I leave anything out of the entire Torah?” He knows everything, right? I learned everything. Maybe the question behind this is: why do I deserve punishment? Meaning, why do you think I deserve this punishment? He said to him: “You taught us, our teacher, that there is no righteous man on earth who does good and does not sin.” In other words, everyone deserves punishment for something. Of course, there’s an elephant in the room. Nobody talks about it. It’s obvious to everyone what is being referred to here when they say that Rabbi Eliezer deserves punishment. It’s this excommunication he suffered because of his dispute over the oven of Akhnai. But nobody talks about it. Just as they said to him above, “We didn’t have time, that’s why we didn’t come to you.” You can’t—you can’t say that to your teacher, right?

[Speaker E] By the way, doesn’t “did I leave anything out” here mean “did I alter anything”? What? “Did I leave anything out” here means “did I alter.”

[Rabbi Michael Abraham] I committed a transgression, not “I left something out.” What do you mean, “I altered”?

[Speaker E] As if he’s saying: there is the Torah, and he didn’t change anything from what it is.

[Rabbi Michael Abraham] He didn’t fulfill. I think the intention is about observance. When he says, “there is no righteous man on earth who does good and does not sin,” the point is not only that I knew the whole Torah, I also fulfilled the whole Torah. So what—why do I deserve punishment? What, did I fail in something? So he says yes: there is no righteous person who does not sin. The rabbis taught: When Rabbi Eliezer fell ill, four elders entered to visit him: Rabbi Tarfon, Rabbi Yehoshua, Elazar ben Azariah, and Rabbi Akiva. Yes, all the leaders of the revolutionary camp. Rabbi Yehoshua responded and said: “You are better for Israel than the orb of the sun, for the orb of the sun is in this world, but my teacher is in this world and in the world to come.” Elazar ben Azariah responded and said: “You are better for Israel than father and mother, for father and mother are for this world, but my teacher is for this world and the world to come.” Yes, that recalls the laws of honoring father and mother and honoring one’s teacher—your teacher’s lost object and your father’s lost object: your teacher’s takes precedence, because your teacher brings you to the world to come, while your father brought you only into this world. Yes, clearly this echoes that Talmudic passage. Elazar ben Azariah responded and said: “You are better for Israel than a father”—that’s it, we saw that. Rabbi Akiva responded and said: “Afflictions are precious.” Yes, Rabbi Akiva doesn’t—he goes straight at it. Meaning, he does not praise Rabbi Eliezer even on the day of his death. He speaks to him directly. He says to him: “Afflictions are precious.” Meaning, the fact that you are suffering is fine; that’s how it should be.

He said to them: “Support me so that I may hear the words of Akiva my student, who said: ‘Afflictions are precious.’” Meaning, all of you are flattering me now after not having come to me all this time. Rabbi Akiva came to hear Torah from me. I had criticism of him—we saw that in the previous Talmudic passage. But Rabbi Akiva is a man of truth. Rabbi Akiva—why is he a man of truth? Also because why did he come to me? He came to me because he knows that I hold the facts. You engage in dialectics; the truth isn’t important to you. Rabbi Akiva comes to ask me because he knows that with me he will find the truth. Afterward there will be the dialectics; he’ll go to Rabbi Yehoshua to have it explained to him. But first of all he wants to know what the law is.

[Speaker L] Maybe Rabbi Akiva’s approach is really to see something positive in everything, that we see the thing—

[Rabbi Michael Abraham] Positive, or just always the opposite of everyone else—that I don’t know. It’s always an interesting question. What would happen if everyone saw something positive? Would Rabbi Akiva then not say something negative?

[Speaker L] In the story of the fox, yes, there seemingly he wasn’t going against them exactly—okay, they cried and he—

[Rabbi Michael Abraham] Laughed. Yes. I don’t know whether he is always arguing the opposite, or whether he always goes in a positive direction. I have no idea.

[Speaker I] But it seems to me the Talmud says that Rabbi Akiva learned from his teacher Nahum of Gamzu.

[Rabbi Michael Abraham] Yes. “This too is for the good,” right.

[Speaker I] That there it was on the level of like other things.

[Rabbi Michael Abraham] No, but there they’re talking about methods of interpretation.

[Speaker I] No, why? “This too”—I remember that he learned to say everything is for the good, no?

[Rabbi Michael Abraham] No, no. The Talmud in Shevuot—as I remember it, Shevuot 26—the Talmud says there that there is the school of Rabbi Yishmael and the school of Rabbi Akiva: one derives by general and particular, and the other expounds by inclusion and exclusion. He studied under Nahum of Gamzu, and he studied under Rabbi Nehunya ben HaKanah. Meaning, that’s the— But it could be that he also took from him the “this too is for the good”; that’s an interesting connection, and then indeed you’d be right that Rabbi Akiva was a kind of optimist. Yes, even when—and he suffered, and they executed him—even then he viewed himself that way. So he said: “Support me so that I may hear the words of Akiva my student, who said: ‘Afflictions are precious.’” He said to him: “Akiva, from where do you derive this?” Very interesting, by the way. Do you notice the reversal? Rabbi Akiva is Rabbi Eliezer’s student. Rabbi Akiva comes to hear from Rabbi Eliezer the information, all the information he has. And now Rabbi Eliezer sits before him as a student and asks Rabbi Akiva—he learns from Rabbi Akiva. It’s an interesting reversal. But not only does he learn from Rabbi Akiva; he asks him, “From where do you derive this?” I’m asking for reasons. You are not passing on a tradition to me, because your traditions I know—they came from me. Right? Meaning, this notion that afflictions are precious, Rabbi Eliezer did not receive that as a tradition. He did not know it. He learned it from Rabbi Akiva. Suddenly Rabbi Eliezer discovers that it is in fact possible to learn things from people that emerged from them, things they did not receive by tradition, from their own reasoning. And he starts playing the same game with him. He says, “From where do you derive this?” Give me reasons, let’s discuss, let’s see. Because I understand that here there is something I can’t just tell you; here I’m already learning from you.

[Speaker K] He discovers a whole full world.

[Rabbi Michael Abraham] Exactly. And you understand that this is some sort of revolution happening here on the day of Rabbi Eliezer’s death. And therefore, in a moment we’ll see at the end, “the vow was annulled”—meaning, the excommunication was annulled on the day of his death.

[Speaker K] Not because he died, but because he accepted it upon himself.

[Rabbi Michael Abraham] In the end he probably understood—that’s how I explain it, I don’t know, but that’s what I think. The vow was annulled on the day of his death; otherwise it would not have been permitted until his day of death. The vow was annulled because on the day of his death he understood that after all he should have compromised a bit—that he had taken it too far. Then he brings sources for it. “From where do you derive this?” He said: “I expound a verse: ‘Manasseh was twelve years old when he began to reign, and he reigned fifty-five years in Jerusalem, and he did evil in the eyes of the Lord.’ Also: ‘These also are proverbs of Solomon, which the men of Hezekiah king of Judah copied out.’ And did Hezekiah king of Judah teach Torah to the whole world and not teach Torah to his son Manasseh? Rather, of all the Torah he taught him, of all the toil he toiled with him, nothing brought him back to the good except afflictions, as it is said: ‘And the Lord spoke to Manasseh and to his people, but they would not listen. Therefore the Lord brought upon them the captains of the host of the king of Assyria.’” In other words, afflictions accomplished for Manasseh what exhortation and study did not. Okay? That’s where he learned this idea from. And then onward: from there you learn that afflictions are precious. That’s basically the point. And I think this story—again, there’s a huge amount of subtext here. Behind every line there is this interesting reversal. It’s a wonderful story. There is a great deal hidden in the folds of this story. It seems to me, at least, that there is really a movement here that gives meaning to almost every line in these stories.

In any case, for our purposes, the conclusion in the end is that—

[Speaker I] It seems to me that the last part is really saying—it’s like a continuation of the same thing Rabbi Akiva says to him, that he thinks he is sinning. Meaning, not only that he sinned and therefore needs atonement through punishment, but he says to him that these afflictions are meant to bring him to repentance—that he needs to repent.

[Rabbi Michael Abraham] “And he humbled himself greatly before the Lord God of his fathers”—that’s about Manasseh. That’s about Manasseh. But Manasseh committed sins. So the question whether there are afflictions of love—that’s a dispute in the Talmud.

[Speaker I] But here he doesn’t bring—but if not, then what does he learn from “afflictions are precious”? That only this succeeded in causing Manasseh to repent? Now if so, then what makes afflictions precious? Afflictions are precious in that they cause repentance.

[Rabbi Michael Abraham] It could be. Even though the Talmud in Berakhot talks about one who has afflictions of love. Maimonides claims there are no such things, even though the Talmud says there are.

[Speaker I] But he says—

[Rabbi Michael Abraham] That here it says these are afflictions that repair. Maybe. But again, we’ve basically come back to what Rabbi Eliezer has to repair. That is, the afflictions come because of what he did, not for nothing. So that also fits in here. Could be.

In any case, Rav Kook writes in a letter of condolence to the grandchildren of the Sochatchover. When the Sochatchover died—the Rebbe of Sochatchov, the author of Avnei Nezer and Eglei Tal—he wrote them a letter of condolence and said this. The Talmud says that Rabbi Eliezer the Great did not say anything that he had not heard from the mouth of his teacher. That’s in tractate Sukkah and also in Yoma, in several places.

[Speaker I] That’s Rabbi Eliezer the Great?

[Rabbi Michael Abraham] Yes, Rabbi Eliezer the Great. Rabbi Eliezer ben Hyrcanus. Meaning, he did not say anything he had not heard from the mouth of his teacher. And about this they say: “a cemented cistern that does not lose a drop.” Meaning, he was traditionalist also in his mode of learning and in his halakhic approach; he was someone who amassed all the information and was unwilling to say anything unless he had received it from his teacher. That is exactly his traditionalism. By contrast, in Avot de-Rabbi Natan it says that he said things that no ear had ever heard. That Rabbi Eliezer said things on a festival—or, I don’t remember in what context—that no ear had ever heard. So Rav Kook asks: isn’t that a contradiction between these two things? After all, he did not say anything he had not heard from the mouth of his teacher; so how did he say things no ear had ever heard? So he writes as follows—I have a quotation from part of that letter. “On the face of it, this contradicts the principle of Rabbi Eliezer’s characteristic, that he did not say anything he had not heard from the mouth of his teacher. And we must say that if we had said that he said things that no mouth had ever uttered, that really would have contradicted the rule that he did not say anything he had not heard from the mouth of his teacher. But that is not what the Talmud says. It does not say that he said things no mouth had ever uttered; rather, since it says ‘that no ear had ever heard,’ we understand that the mouth of the teacher, the father of Torah, Rabban Yohanan ben Zakkai, said them. But among all the hearers, Rabbi Eliezer the Great excelled in his deep listening, so that his ear heard from his teacher’s Torah what others did not hear. And thus in truth he did not say anything he had not heard from the mouth of his teacher.” Meaning, these are things he heard from his teacher, and on the other hand, “no ear had ever heard them”—that is, only Rabbi Eliezer’s ear. “And his Torah was a complete Torah with an established source, and nevertheless it was entirely renewed by the power of his holy intellect.”

Now the ending is very interesting, because until the last line I would have said that Rav Kook is taking these two Talmudic passages in a traditionalist direction. Basically, Rabbi Eliezer listened so deeply that he truly heard from the mouth of Rabban Yohanan ben Zakkai—who was the teacher of all those people—things that others did not hear, but still he really did not say anything he had not heard from the mouth of his teacher. It’s just that others didn’t grasp it, didn’t get to the depth of Rabban Yohanan ben Zakkai’s thinking, and he did. If it had ended there, fine. But Rav Kook continues in the last line and says: “And his Torah was a complete Torah with an established source, and nevertheless it was entirely renewed by the power of his holy intellect.” Why? It’s not a renewed Torah—he heard it from the mouth of his teacher, he just knew how to hear well. Therefore I think Rav Kook is saying something more. Rav Kook claims, at least I think, that even if you had asked Rabban Yohanan ben Zakkai, he himself would not have understood that this is what he said. Not only the listeners. Rabban Yohanan ben Zakkai said something. All the listeners heard nothing of the kind from him. Only Rabbi Eliezer managed to hear something special in it. But he heard that special thing even though Rabban Yohanan ben Zakkai himself, had you asked him, would not have understood it. Meaning, the student hears from the mouth of his teacher things that the teacher himself is not even aware are folded into his words. And that is really what Rav Kook means here—not that he hears better and understands his teacher’s intention better, but that he understands within his teacher’s words things that even the teacher himself does not realize are folded into them. That is basically his own innovation, but it is an innovation based on what his teacher says. Which is actually exactly Rabbi Akiva, right? Rabbi Eliezer and Rabbi Yehoshua—you take the tradition, but then by means of your own intellect you draw from the tradition something that even the one who transmitted the tradition to you does not always know.

By the way, this may sound like a homiletic idea; in my opinion it is simply reality. Anyone who has a teacher, I think—anyone who has had a close, intensive teacher—has experienced this. I have no doubt about it. I know about myself that I have one person you can more or less call my teacher in Bnei Brak. I studied with him for five years, and for years afterward I remained in touch with him. Truly, almost everything I learned from someone, I learned from him. Everything else is books, and from other people I really didn’t learn at all. Others did try to teach me, but I didn’t learn, to my shame. And it is obvious that in the end, even when I explained what he said, I didn’t explain it the way he said it, and he didn’t mean it that way. There were times when this came up—that is, I reminded him of things he had said, or we talked about things he had said, and I explained them differently from what he had intended. And I claim that I am right. Seriously, I claim that I am right. Meaning, he wasn’t precise. In other words, what is folded into his words is what I said, even though he didn’t intend it—not consciously, at least. In my opinion, that is what is there. If he had thought about it after hearing it—he doesn’t remember the situations anymore—but I think yes, I think there were cases, if I remember correctly, and this was many years ago, where he accepted it. Not always, but there were cases where he accepted it. Actually, one case I do remember. One case I really remember. There is a Pnei Yehoshua in Gittin 42, where he accepted it. Fine. But I think there were others. In my opinion, this is an experience that—everyone who truly had some teacher from whom he learned many things, not someone from whom he heard one lecture or something, but a real teacher-student relationship, these ties between teacher and student—in the end, there is no study hall without innovation, and no two prophets prophesy in the same style. Meaning, whenever you learn what Rabbi Akiva Eiger says, or what the Kehillot Yaakov says, or whoever it may be, you say what you say, not what they say. In the end it is always colored by your own color.

Now even when you explain what they say, you don’t feel that you are saying some innovation. We are modern, so we have more self-reflection than earlier generations had. So I think I often am aware that I am introducing some shade here that I’m not sure the author intended. But I’m sure that many times—certainly in earlier generations where there was less awareness of this—people explained what they thought, and they were convinced that this is what is written there in the medieval authority. That is obvious. It would never have occurred to them that this was actually only their interpretation, or they didn’t notice that it was only their interpretation. But their interpretation was there—obviously. There is no such thing; it is almost impossible otherwise.

What I really want to claim, at the close of the whole development we’ve gone through until now, is that the difference between the “hollow conduit” and the second conception, and the synthesis made by Rabbi Akiva, is a synthesis of ethoses; it is not a real synthesis. Because the truth is that it was always like this. Even in the period of the hollow conduit, there is no such thing as a hollow conduit. When Moses received Torah from Sinai and transmitted it to Joshua, Joshua did not hear what Moses heard. Nothing will help. And when Joshua passed it on to the elders, and the elders to the prophets, and the prophets to the Men of the Great Assembly—each one is a broken telephone. Well, not a broken telephone—a constructive telephone. Meaning, each of them learned it in some way that was not the same as the one who taught him. That is obvious. It’s just that the ethos, the conceptual framework within which the process took place, was an ethos of a hollow conduit. I said this when I spoke about it before, but I think here you really see it. Meaning, once you are aware of it, then you understand that a hollow conduit is an illusion. There is no such thing as a hollow conduit.

Yes, I mentioned my uncle—I already mentioned him once—that Abaye and Rava studied in Yiddish. Meaning, that it can’t be otherwise. If they sat down to study, then they studied in Yiddish. So what is that? He knows it isn’t true. But it’s a kind of ethos, and the ethos is serious. He does not mean it as a historical fact, but he means the ethos with complete seriousness. Meaning, it is obvious to him that someone who doesn’t learn in Yiddish doesn’t know how to learn. He doesn’t know what happened in Iraq fifteen hundred years ago, but someone who doesn’t learn in Yiddish doesn’t know how to learn—that’s obvious. So he says it through that story. In other words, many times you live within an ethos that is obviously not really consistent with the facts. But that doesn’t mean you don’t believe in that ethos—you completely believe in it. Meaning, Hasidim who think that the shtreimel came down from Sinai—obviously they understand that it didn’t come down from Sinai and that Moses our teacher did not walk around in a shtreimel and a gartel, right? But they basically think that he should have walked around in a shtreimel and a gartel. Meaning, the ethos is true; that’s what matters.

[Speaker L] There’s a story that a maskil—or maybe someone else—came to one of the Belz rebbes in the nineteenth century and asked him: why does the Rebbe think that Abraham our forefather wore these clothes? He said to him: I don’t know what clothes Abraham our forefather wore; I only know that he looked at the gentiles and did the opposite. Yes.

[Rabbi Michael Abraham] Even though they did like the gentiles, not the opposite. Those are Polish gentile clothes.

[Speaker L] Yes, but at a certain stage,

[Rabbi Michael Abraham] At a certain stage this became something different, and then it gets perpetuated. And if the gentiles had kept going with it, I assume it wouldn’t have continued. Right. We talked about this, about the two types of Chazon Ish people. Right. There are Chazon Ish people who do everything written in the books of the Chazon Ish, because they’re students of the Chazon Ish. And there are Chazon Ish people who do what they think, the way the Chazon Ish did what he thought. And those are the real Chazon Ish people. That’s R. Dalia Nadel and his circle. And there’s also a Hasidic story like this, by the way. I once saw in Buber’s Tales of the Hasidim, where he brings a story there about Rabbi Noach of Lachovitch and Rabbi Mordechai of Lachovitch. I don’t remember who was the father and who was the son there, but two rebbes, where the father died and the son took his place as rebbe and changed his father’s customs. So the Hasidim came to him and said, what, how can you change your father’s holy customs? So he said, just as I am continuing my father’s path, the way my father changed the customs of his father, so too I am changing the customs of my father. Now the question is whether you can preserve the very act of changing and still remain conservative in order to be a changer. It’s like in Monty Python. In Monty Python there’s a very amusing scene where everyone says: we are nonconformists, and all of them say, we are all nonconformists, and one says, no, actually I am a conformist. Like, one of them says, no, actually I am a conformist. Fine. In any event, so this move ultimately ends with this—I finished the first chapter of this series—and the move ends with the idea that we basically have some process of the formation of disputes, and it’s built from a few stages. First stage: Torah comes down from Sinai, and again I’m speaking at the level of the ethos, not in practice. At the level of the ethos, Torah comes down from Sinai and passes through hollow pipes. Torah belongs to the Holy One, blessed be He; it has nothing to do with human beings. At a certain stage, a human Torah begins to emerge. Prophecy ends, and there is no longer any option of relying only on divine Torah. The innovation of “it is not in heaven” was renewed, of course, only after there was no longer heaven and there were no longer prophets. As long as there were prophets, in my view they never dreamed of the principle of “it is not in heaven.” Everything was prophets; Torah came from the Holy One, blessed be He. Torah had nothing to do with human beings. To some extent the Oral Torah begins at the start of the Second Temple period—that’s the end of the prophets, right? The last prophets were in the Great Assembly, Hananiah, Mishael, and Azariah. Meaning, they were in the Great Assembly, and that was it, and after the Great Assembly came Shimon HaTzaddik—that’s the beginning of the Oral Torah. And then all these matters of human Torah begin, and “it is not in heaven,” and “a prophet is no longer permitted from now on to introduce anything new,” and all kinds of things of that sort. So Torah becomes human. As a result, disputes arise, and then the question arises: what do we do with disputes? The creation of disputes is unavoidable; it simply happened. Once people’s reasoning is involved, people think differently. Now the question is what to do with that. It creates problems. The students of Hillel and Shammai who killed one another—we saw how far the fear went there, of what was going to happen, of the disintegration that was going to happen there. The first response was a forceful response, saying: we will suppress the dispute. At a certain point they see this doesn’t work, and they make a revolution. The revolution says: if you can’t beat them, join them. Meaning, dispute is a necessary evil. There is no choice. We can’t cope with it, we have to come to terms with it. And the last stage is that dispute becomes an ideal, not just a necessary evil. Meaning, now it is already an ideal, and that’s the Talmud. To a certain extent you already see it in the Talmud in Chagigah: “incline your ear to hear the words of the sages, the words of those who declare pure…” Meaning, there it is already an idealization of dispute. It’s not just de facto acceptance, some kind of after-the-fact reconciliation with the phenomenon of dispute, but an idealization of dispute. And that is the point where I want to move on to our next chapter. And it seems to me that I spoke about this at some point in one context or another in the past, but when the Talmud speaks about the issue of dispute, the foundational statement for the attitude toward disputes is: “These and those are the words of the living God.” Which, on the face of it, reflects exactly the point we’ve reached until now: the idealization of dispute. Because when you say, “These and those are the words of the living God,” you are basically saying: I’m not merely compromising with the phenomenon of dispute because I can’t deal with it; rather, you are glorifying this phenomenon. You are basically saying: words of the living God—how wonderful that there are disputes. The words of the living God multiply like a planting that grows and flourishes, as we saw in the Talmud in Chagigah. So this is basically an expression that fixes this conception in place, and this is in fact the ethos that accompanies us to this very day. “These and those are the words of the living God.” Even though originally this was said about Beit Hillel and Beit Shammai, and in that aggadic passage in Gittin it is also said about the dispute there over the concubine at Gibeah—maybe that is an aggadic dispute. In the halakhic context it is said about Beit Shammai and Beit Hillel, but already the medieval authorities (Rishonim) and the later authorities (Acharonim) expand this idea, and the accepted conception is that in halakhic disputes generally—we’ve already moved on, we’re done with the Second Temple, the destruction of the Temple, the first, second, third generation of Yavneh, we are sailing onward, now we’re already in the Talmud, okay? In the Talmud, and after that the medieval authorities (Rishonim), and after that the later authorities (Acharonim)—ultimately what accompanies us is really the conclusion of the end of this process that I described, namely that dispute is ideal from the outset, that there is a positive view of the phenomenon of dispute, and the expression of that is: “These and those are the words of the living God.”

[Speaker D] But there’s a limit.

[Rabbi Michael Abraham] What do you mean?

[Speaker D] To “these and those are the words of the living God.” I mean, how far can you take that?

[Rabbi Michael Abraham] Yes, fine, so we’ll talk about that. Meaning, really, the halakhic tradition does not accept—Christians too are not “the words of the living God,” and heretics are not “the words of the living God.” Meaning, obviously there is some domain within which this whole thing operates, but there is a certain limit. I’ll get to that later. In any case, the Talmud—this rule, “these and those are the words of the living God,” actually appears in two places in the Talmud. One place is in Gittin regarding the concubine at Gibeah, and another place is in Eruvin. “Rav Abba said in the name of Shmuel: For three years Beit Shammai and Beit Hillel disputed. These said: Jewish law is in accordance with us, and those said: Jewish law is in accordance with us. A heavenly voice went forth and said: These and those are the words of the living God, but the Jewish law is in accordance with Beit Hillel. Since these and those are the words of the living God, why did Beit Hillel merit to have the Jewish law established in accordance with them? Because they were agreeable and humble, and they would teach both their own views and the views of Beit Shammai; and not only that, but they would mention the words of Beit Shammai before their own.” As in that which we learned, one whose head and most of his body were in the sukkah—they bring some story there where Beit Hillel put Beit Shammai’s words first, discussed them, and then formed their own position. Now I remember where we talked about this—we talked about it when I touched on it a bit when we discussed quantity and quality. So I said there, I explained there, why a heavenly voice was needed here. Tosafot already asks: how did they rely here on a heavenly voice? After all, the rule is that “it is not in heaven.” So Tosafot gives various answers—maybe this was earlier, maybe in some places you do rely on it, it doesn’t matter—or that it doesn’t follow that rule. There’s a dispute among the Talmudic passages whether we rely on a heavenly voice or do not rely on a heavenly voice. Tosafot has three answers. But it seems to me that the simple explanation is a different one. That’s what I think. There is a Tosafot on Eruvin 6 that says—and I already spoke about all this when we talked about quantity and quality. Tosafot says that the dispute between Beit Shammai and Beit Hillel was an unresolvable dispute because there was a meta-dispute here on the question: why didn’t they just hold a vote? Right? “Follow the majority”—what’s the problem? There’s a dispute, so take a vote. But the problem was that there was a dispute over which majority to follow. Beit Shammai were sharper, and Beit Hillel were more numerous. We talked about the pyramid of talent. And Beit Shammai claimed that the determining majority is the majority of wisdom, while Beit Hillel claimed that the determining majority is the majority of people. And the argument was essentially over which majority to follow. Now that argument can’t be decided by voting, because in that vote too you’ll run into the same tangle again—the question whether we follow the majority of wisdom or the numerical majority. So that is something that cannot be decided. Since that was the case, they needed a heavenly voice. When people say “it is not in heaven,” they mean that you should not follow a heavenly voice or other transcendent matters, but rather you should follow the rules of Jewish law—that is, rules of decision according to the halakhic system. But in a place where the rules of Jewish law get stuck, then if “it is not in heaven,” what exactly am I supposed to do? Meaning, the heavenly voice came out in order to save us from a tangle that the rules of Jewish law could not get us out of. Therefore here that rule of “it is not in heaven” does not apply.

[Speaker M] Maybe that’s also what “teiku” is, no? In the end, isn’t “Tishbi will resolve difficulties and problems” about reaching a dead end and not managing to…

[Rabbi Michael Abraham] “Teiku” in the Talmud means they didn’t manage to decide, but teiku remains a doubt.

[Speaker M] And “Tishbi will resolve” means they’re waiting for a heavenly voice.

[Rabbi Michael Abraham] Yes, but “Tishbi will resolve” is not the meaning of teiku. That’s just a folk acronym.

[Speaker M] Teiku means it stands.

[Rabbi Michael Abraham] Teiku, teikum, means “to stand” in Aramaic. And the problem remained standing, that’s it—we don’t know what to do with it. And then the laws of doubt apply to it. The halakhic decisors discuss what to do with a teiku. Meaning, there are rules for what to do with a teiku: if possession has been taken, possession is effective; in a Torah-level doubt we rule stringently; the burden of proof lies on one seeking to extract property from another; all sorts of rules about what to do in a situation of teiku.

[Speaker I] Seemingly, the dispute between Rabbi Eliezer ben Hyrcanus and the sages—you could also say the same thing about that, at least according to how the Rabbi explains it.

[Rabbi Michael Abraham] What? Whether we follow the tradition or the reasoning?

[Speaker I] Yes, and then according to that, there too one should have had to rely on…

[Rabbi Michael Abraham] But there, for some reason, no heavenly voice came out.

[Speaker I] Why? A heavenly voice did come out.

[Rabbi Michael Abraham] You mean in the Oven of Akhnai. Yes. In the Oven of Akhnai, seemingly it’s the same thing as

[Speaker I] Beit Shammai and Beit Hillel.

[Rabbi Michael Abraham] Interesting point, because then it turns out that the revolution was a double one. Meaning, there was a heavenly voice that decided not about the laws of the oven, but it also decided in favor of traditionalism and against the Torah of give-and-take, human Torah—and the sages rejected even that ruling.

[Speaker I] If you explain Beit Shammai and Beit Hillel this way, you could say in both cases not so; you could say in both cases the ruling is local.

[Rabbi Michael Abraham] Yes, but look—what does a local ruling mean? But this wasn’t a local ruling. There was a dispute of three years here over many issues, not one issue.

[Speaker I] No, local on the matter of Beit Shammai and Beit Hillel—which of them is fit to decide by.

[Rabbi Michael Abraham] But why specifically there? Tosafot already says that the reason they couldn’t decide was because of that. By the way, this is in the Talmud. Tosafot only says that because of this they were stuck here. It’s a Talmudic statement that Beit Shammai were sharper, and Beit Hillel were not. In Menachot, I think, or Yevamot. But Tosafot says that because of this they were stuck here. So I think one is naturally led to conclude from this—again, this is my conclusion, but one is naturally led to conclude from this—and later I saw this in fact in one of the later authorities (Acharonim), maybe in She’eilat David, I no longer remember; I saw it in one of the later authorities. One is naturally led to understand that according to this, that is indeed why they needed a heavenly voice. Why there really not? Because apparently the sages understood that if we listen to the heavenly voice, we are stuck again. Meaning, once again we’ll be stuck with the fact that we cannot deal with disputes. So what do we do now? Meaning, there are different interpretations of traditions, or different traditions, and then… we’re stuck. Therefore they decided to break the rules completely. But here I really hadn’t thought of that—that’s an interesting point. In any case, for our purposes, the Talmud basically says that “these and those are the words of the living God,” and ruled that the Jewish law is like Beit Hillel. And in this Talmudic passage there are three components, each of which requires explanation. The first statement is: “These and those are the words of the living God.” The second statement is: “The Jewish law is like Beit Hillel.” How, if these and those are the words of the living God, can the Jewish law be like Beit Hillel? If both are right, then what does it mean that the Jewish law is like Beit Hillel? And if the Jewish law is like Beit Hillel, then in what sense are the words of Beit Shammai also the words of the living God? There is some contradiction here between the two parts of this statement. And after that there is this explanation that Beit Hillel merited having Jewish law established in accordance with them because they were gentle and they put Beit Shammai’s words before their own—that too requires explanation. And maybe we also talked about that once. I’ll do that a bit next time, but here maybe I’ll just finish with the Ritva. The Ritva in Eruvin brings a famous quotation. He asks about this Talmudic passage: how can it be that “these and those are the words of the living God”? He says: “These and those are the words of the living God”—the rabbis of France of blessed memory asked, it appears in Tosafot of Rabbenu Peretz—how can it be possible that both are the words of the living God, when one prohibits and the other permits? Does the Holy One, blessed be He, both prohibit and permit? There is some logical contradiction here. “And they answered that when Moses ascended on high to receive the Torah, they showed him with regard to every matter forty-nine arguments for prohibition and forty-nine arguments for permission, and he asked the Holy One, blessed be He, about this, and He said that this would be handed over to the sages of Israel in every generation, and the decision would be according to them.” Now here this is a very interesting question. On the face of it, it usually seems to me that people read him as though the decision follows them not because that is the truth—on the contrary, “it is not in heaven.” In heaven maybe they think one thing, but the sages will decide, and you should follow how the sages decide even though that is not the truth. Okay? Or because there is no truth and both sides are right, and you make a ruling according to what the sages think, but in essence both are right. In another moment I’ll stop, and next time I’ll sharpen this a bit more. But he goes on and says, “And this is correct according to homiletic interpretation, but in the way of truth there is a secret reason in the matter.” That’s an interesting mystery. I don’t know what he means. I don’t know why he calls this a homiletic interpretation. Meaning, what, does that mean he doesn’t really accept it, that this is some nice sermon? He doesn’t really accept this explanation? Why doesn’t he accept this explanation? What’s wrong with it? Maybe he doesn’t accept that it could really be that we follow the sages even when they are mistaken. That doesn’t seem reasonable. Meaning, something here doesn’t—so Jewish law is not the truth? Maybe that’s what bothers him. Or the opposite: if there is truth, how can it be that the truth is with both sides? I don’t know. But something here bothers him in this explanation, and therefore he says there is some secret in the matter. I don’t know exactly what he means. Okay, so next time we’ll enter into this Talmudic passage starting from this point.

[Speaker A] More power to you.

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