Tractate Sotah – Chapter 5 – Lesson 2 – Rabbi Michael Abraham
This transcript was produced automatically using artificial intelligence. There may be inaccuracies in the transcribed content and in speaker identification.
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Table of Contents
- The Mishnah on page 27: the sotah and prohibition to the husband and the paramour
- The sequence of expositions “on that day”: impurity, limits, and song
- Job: serving out of love versus fear
- “On that day” as a unifying backdrop: Rashi’s interpretation and the day Rabbi Elazar ben Azariah was installed
- Tractate Berakhot page 28: the removal of Rabban Gamliel and opening the study hall
- The reconciliation of Rabban Gamliel and Rabbi Yehoshua and the arrangement of the patriarchate
- Avot: transmission, expansion of Torah, and the move beyond dispute
- “Make for yourself a rabbi and remove yourself from doubt” as a critique of clinging to authority
- Rabban Yohanan ben Zakkai and his students: “a plastered cistern” versus innovation
- The Yavneh revolution: abolishing the test of “his inside matching his outside” and democratizing study
- The Oven of Akhnai (Bava Metzia 59): “proof is not brought” and “it is not in heaven”
- The excommunication of Rabbi Eliezer and the parallel to Rabban Gamliel
- Hagigah 3: “the study hall cannot be without innovation” and both these and those
- Rabbi Eliezer in Lod: criticism of the innovations of Yavneh and attachment to a law given to Moses at Sinai
- Sanhedrin: gourds, sorcery, and Rabbi Akiva’s role as a synthesis
- Conclusion on “on that day” and unity מתוך multiplicity
Summary
General Overview
The text opens by inviting us to view the Mishnah broadly, and presents the transition from the laws of the sotah to a sequence of expositions introduced by “on that day,” which at first glance seem unrelated. It identifies “on that day” as the day Rabbi Elazar ben Azariah was installed as patriarch and the restrictions on entering the study hall were removed, a day on which “Torah increased” and many Jewish laws were clarified. From this it proposes a historical-ideological framework: a move from an authoritarian conception of a “Torah of tradition” and attachment to one’s rabbi, to a “Torah of give-and-take” in which people argue and decide on the basis of reasons and majority rule. It presents Rabbi Yehoshua as leading the revolution, Rabban Gamliel and Rabbi Eliezer as clinging to authority, and Rabbi Akiva as a synthesis joining tradition with interpretation and expansion.
The Mishnah on page 27: the sotah and prohibition to the husband and the paramour
The Mishnah states that just as the waters test her, so the waters test him, based on the exposition of “and they shall enter, and they shall enter”—the man who had relations and the woman who was acted upon. The Mishnah states that just as she is forbidden to her husband, so she is forbidden to the paramour, from the exposition of “she was defiled” and “she was defiled,” in the words of Rabbi Akiva, and Rabbi Yehoshua attributes a similar exposition to Zechariah ben HaKatzav. Rabbi says that the two occurrences in the passage, “she was defiled” and “she was defiled,” are “one for the husband and one for the paramour,” and the text notes that the Talmud will clarify whether this is the same exposition or a different, “extra” one.
The sequence of expositions “on that day”: impurity, limits, and song
The Mishnah moves on to “on that day” expositions of Rabbi Akiva and Rabbi Yehoshua ben Horkanos on other matters. Rabbi Akiva expounds regarding creeping-animal impurity from the verse “and everything inside it shall become impure” that “it does not say ‘is impure’ but ‘shall make impure'”—to render others impure; from here, “it teaches about a second-degree loaf that it imparts impurity to a third degree.” Rabbi Yehoshua says, “Who will uncover the dust from your eyes, Rabban Yohanan ben Zakkai,” because Rabban Yohanan ben Zakkai had said, “A later generation will purify a third-degree loaf, since it has no verse in the Torah” proving it impure, and Rabbi Akiva brings him a verse showing that it is impure. Rabbi Akiva expounds in matters of Sabbath limits the contradiction between “two thousand cubits” and “one thousand cubits,” and resolves: “one thousand cubits for open land and two thousand cubits for the Sabbath limit.” Rabbi Akiva expounds “Then Moses sang… and they said, saying” that “this teaches that Israel answered song after Moses on each and every matter, like those who recite Hallel,” while Rabbi Nehemiah says, “like those who recite the Shema and not like those who recite Hallel.”
Job: serving out of love versus fear
Rabbi Yehoshua ben Horkanos expounds that “Job did not serve the Holy One, blessed be He, except out of love,” from the verse “Though He slay me, I will hope in Him,” and from the continuation of the verses, “until I expire” and “I will not remove my integrity.” Rabbi Yehoshua again says, “Who will uncover the dust from your eyes, Rabban Yohanan ben Zakkai,” because Rabban Yohanan ben Zakkai used to expound that “Job served the Omnipresent only out of fear,” from the verse “a blameless and upright man, fearing God and turning from evil,” while his student teaches that he acted out of love.
“On that day” as a unifying backdrop: Rashi’s interpretation and the day Rabbi Elazar ben Azariah was installed
Rashi explains that every place it says “on that day” refers to the day “they installed Rabbi Elazar ben Azariah as patriarch” in tractate Berakhot page 28. Rashi describes that “the students increased” and “permission was given for all to enter,” because Rabban Gamliel used to say, “Any Torah scholar whose inside is not like his outside should not enter the study hall.” Rashi states that “Torah increased on that day, and there was no Jewish law left unresolved in the study hall that they did not explain,” and the text concludes that from here even the sotah expositions at the beginning of the Mishnah belong to that same context of “on that day.”
Tractate Berakhot page 28: the removal of Rabban Gamliel and opening the study hall
The passage presents a dispute over whether “the evening prayer is optional or obligatory,” with Rabbi Yehoshua saying optional and Rabban Gamliel saying obligatory, and Rabban Gamliel making Rabbi Yehoshua stand on his feet in the study hall until the public protests. The sages decide, “Come, let us remove him,” and appoint Rabbi Elazar ben Azariah because he is “wise, rich, and a tenth-generation descendant of Ezra.” On that day “they removed the doorkeeper and the students were given permission to enter,” and another “four hundred benches” or “seven hundred benches” were added, and Rabban Gamliel became distressed and asked, “Perhaps, Heaven forbid, I withheld Torah from Israel.” The baraita states, “Eduyot was taught on that day” and “everywhere we say ‘on that day,’ it was that day,” and Rabban Gamliel does not refrain from coming to the study hall.
The reconciliation of Rabban Gamliel and Rabbi Yehoshua and the arrangement of the patriarchate
The passage continues with the dispute over “Judah the Ammonite convert,” whether he is permitted “to enter the congregation,” and Rabban Gamliel eventually agrees to go “and appease Rabbi Yehoshua.” Rabbi Yehoshua rebukes him based on his own economic reality with the statement, “Woe to the generation whose leader you are, for you do not know the suffering of Torah scholars, how they earn a living and how they are sustained,” and Rabban Gamliel asks forgiveness. The sages arrange a leadership structure in which Rabban Gamliel teaches for “three Sabbaths” and Rabbi Elazar ben Azariah for “one Sabbath,” and the expression “Whose Sabbath was it?” comes into being to identify who was patriarch that week.
Avot: transmission, expansion of Torah, and the move beyond dispute
The text reads Pirkei Avot as describing a process in which at first there is a “pipeline” of “Moses received the Torah at Sinai and transmitted it” without personal attributions of sayings, until “the Men of the Great Assembly” say three things. It presents Shimon HaTzaddik as the starting point of a saying attributed to an individual, and Antigonos of Sokho as a continuation in which Torah “expands” while being transmitted. It describes the beginning of the pairs as the stage in which Torah “splits” and dispute appears, and explains that from the period of Hillel and Shammai onward, “the House of Hillel and the House of Shammai” emerged with many disputes and an inability to decide.
“Make for yourself a rabbi and remove yourself from doubt” as a critique of clinging to authority
The text argues that an authoritarian understanding of “Make for yourself a rabbi and remove yourself from doubt” does not reduce dispute but rather “sharpens and strengthens” it, because it replaces substantive discussion with attachment to a camp. It attributes the removal of Rabban Gamliel to this authoritarian approach and to an unwillingness to hear other arguments, and presents attachment to a rabbi as a mechanism that perpetuates doubts instead of solving them. It states that the required shift is to discussion, reasons, and decision—not devotion to the identity of the rabbi.
Rabban Yohanan ben Zakkai and his students: “a plastered cistern” versus innovation
The text notes that Pirkei Avot returns to Rabban Yohanan ben Zakkai, who “received from Hillel and Shammai,” and interprets this as reception that is not one-channel attachment but reception from two sides. It presents Rabbi Eliezer ben Horkanos as “a plastered cistern that loses not a drop” and as one who “never said anything he had not heard from his teacher,” setting this up as a continuation of a “Torah of tradition.” It contrasts this with the model of innovation and flow, and presents the struggle among Rabban Yohanan ben Zakkai’s students as a clash between conservatism and a new framework of decision-making.
The Yavneh revolution: abolishing the test of “his inside matching his outside” and democratizing study
The text connects the removal of the “doorkeeper” to the end of a model in which “pure transmitters” are required in order to pass on tradition, and explains that the new model is based on examining the argument rather than the speaker’s traits. It interprets the multiplication of benches as a sign that “the more people there are, the better,” in order to raise arguments and reach decisions. It attributes to this day the possibility of clarifying Jewish laws that had previously remained “suspended,” and presents tractate Eduyot as a collection of laws that were clarified or re-collected within this framework.
The Oven of Akhnai (Bava Metzia 59): “proof is not brought” and “it is not in heaven”
The text interprets Rabbi Eliezer’s attempts to prove his point from the carob tree, the stream, the walls of the study hall, and the heavenly voice as proofs about the person and his authority and righteousness, rather than halakhic arguments. It presents the sages’ response, “proof is not brought,” and Rabbi Yehoshua’s rebuke as a demand for substantive discussion alone. It interprets “it is not in heaven” as a declaration that halakhic decision is made by the sages according to “follow the majority” and not by signs, authoritarian tradition, or heavenly intervention, and parallels “My children have defeated Me” to a process in which even the highest authority “yields” to the human model of decision-making.
The excommunication of Rabbi Eliezer and the parallel to Rabban Gamliel
The text describes Rabbi Eliezer’s excommunication as a refusal to accept the “rules of the game” of give-and-take, and not as punishment for halakhic dispute itself. It presents Rabban Gamliel and Rabbi Eliezer as “the two brothers-in-law” who represent the authoritarian stream, and emphasizes that Rabban Gamliel “repented” and joined the new rules, whereas Rabbi Eliezer “did not, until the end of his life.” It interprets the aggadic stories about the world’s destruction, Rabban Gamliel’s ship, and Imma Shalom as literary devices meant to show the dramatic tension surrounding a fundamental change in the structure of Torah and leadership.
Hagigah 3: “the study hall cannot be without innovation” and both these and those
The text brings the story in which someone is asked, “What innovation was there in the study hall today?” and interprets “Whose Sabbath was it?” as evidence of the Yavneh context and the division of sermons between the patriarchs. It interprets the excitement over the exposition “Assemble… why do the little children come?” as news of opening the gates and bringing the entire public into the study hall. It interprets the exposition “masters of gatherings… these render impure and these render pure” as a principled justification for multiplicity of views within “one shepherd,” and presents the call “make your ear like a funnel” as an instruction to hear opposing sides as part of Torah.
Rabbi Eliezer in Lod: criticism of the innovations of Yavneh and attachment to a law given to Moses at Sinai
The text brings the episode in which Rabbi Eliezer is asked, “What innovation was there in the study hall today?” and he reacts sharply, to the point of saying, “Stretch out your hand and receive your eyes.” It presents his statement, “Do not be concerned about your counting,” and his attribution of the law to the chain “Thus have I received… a law to Moses from Sinai” as a message that renders human discussion and decision unnecessary. It interprets the story as a direct contrast to the story with Rabbi Yehoshua, where innovation itself is seen as a sign of life in the study hall, while for Rabbi Eliezer innovation is seen as invention in place of tradition.
Sanhedrin: gourds, sorcery, and Rabbi Akiva’s role as a synthesis
The text presents the difficulty of how Rabbi Akiva attributes a law to Rabbi Yehoshua when he learned the gourd episode from Rabbi Eliezer, and the Talmud’s answer: “He learned the tradition from Rabbi Eliezer but did not understand it; then he learned it again from Rabbi Yehoshua, who explained it to him.” From this it concludes a dual role: Rabbi Eliezer transmits halakhic tradition, and Rabbi Yehoshua provides understanding and explanation. It presents Rabbi Akiva as one who connects tradition with explanation, and presents the structure of “Mishnah” versus “Gemara” as a continuation of this division between concise transmission and give-and-take, difficulties, resolutions, and expansions.
Conclusion on “on that day” and unity through multiplicity
The text states that “on that day” is not a technical detail but the name of a period of turning point in which legitimacy was granted to new expositions and to opening up laws that had been blocked under an authoritarian model. It explains that the expositions in the Mishnah—including those in which it says, “Who will uncover the dust from your eyes, Rabban Yohanan ben Zakkai”—represent the ability to dispute an earlier ruling on the basis of verse, reason, and decision. It concludes that living with dispute, including the model of “both these and those” as a joining of perspectives, allows Torah to continue developing without falling apart, and that this is the unifying background of the expositions taught together in the Mishnah.
Full Transcript
[Rabbi Michael Abraham] Okay, so we want to begin—to begin the discussion of the chapter itself. I want to take some kind of broader look at the Mishnah, but this Mishnah comes against a certain background, and I’m going to devote today’s lecture to that background. Next time we’ll begin dealing with the prohibition to the husband and the paramour, which is a more specific topic that comes up here in the Mishnah and afterward in the Talmud. So anyone who wants to take a look at the Talmudic passage there about the prohibition to the husband and the paramour, and at the parallels, is welcome to do so before the next lecture. Let’s take a quick look at the Mishnah. Page 27. You see? “Just as the waters test her, so the waters test him, as it is said: and they shall enter, and they shall enter—the man who had relations and the woman who was acted upon.” Yes, we’re talking about a sotah, of course, who secluded herself and so on, so the waters test him and her. Again, we’ll see in the Talmud what exactly that means. “Just as she is forbidden to the husband, so she is forbidden to the paramour, as it is said: she was defiled, and she was defiled”—these are the words of Rabbi Akiva. Rabbi Yehoshua said: this is how Zechariah ben HaKatzav would expound it. Rabbi says: the two times it says in the passage “she was defiled” and “she was defiled,” one is for the husband and one is for the paramour. The question is whether that is the same exposition as the one above or not the same exposition, and whether there’s an extra vav; the Talmud discusses that. “On that day Rabbi Akiva expounded…” Suddenly we move to completely different expositions. Up to this point it’s all about the sotah—prohibited to the husband and the paramour, the waters test him, the waters test her. There are some implications running between the husband and the paramour, between the woman and the man she had relations with. That’s the part… What? Seemingly the suspect, yes, the one suspected of being the paramour. And then suddenly we move to other discussions. Rabbi Akiva expounded: “And any earthen vessel into which any of them falls, everything inside it shall become impure.” Yes, this is about creeping-animal impurity. “It does not say ‘is impure’ but ‘shall make impure'”—or maybe you read it that way—”to make others impure. This teaches about a second-degree loaf that imparts impurity to a third degree.” We’re talking about third-degree impurity; again, something discussed in the Talmud. Rabbi Yehoshua said: “Who will uncover the dust from your eyes, Rabban Yohanan ben Zakkai, for you would say: a later generation will purify a third-degree loaf, because it has no verse in the Torah saying it is impure—and behold, Rabbi Akiva, your student, brings a verse from the Torah that it is impure.” So Rabban Yohanan ben Zakkai says there is no such verse; then Rabbi Akiva comes and says there is such a verse, here, I’m bringing you a source for this matter, as it is said, “everything inside it shall become impure.” “On that day Rabbi Akiva expounded: And you shall measure outside the city on the east side two thousand cubits”—this is about boundaries. “And another verse says: from the wall of the city outward, one thousand cubits around.” It is impossible to say one thousand cubits, since two thousand cubits has already been said; and it is impossible to say two thousand cubits, since one thousand cubits has already been said. How so? One thousand cubits are open land, and two thousand cubits are the Sabbath limit. Fine, that’s in matters of boundaries; maybe we’ll touch on that later. And by the way, this is an example that I think is brought in the baraita of the thirty-two hermeneutical principles—one of the examples brought for two verses that contradict one another: one thousand cubits or two thousand cubits, until a third verse comes and decides between them. But we’ll talk about that too. “On that day Rabbi Akiva expounded”—another exposition—”Then Moses sang and the children of Israel”—this is already an aggadic exposition—”this song to the Lord, and they said, saying.” It need not have said “saying.” What then does “saying” teach? It teaches that Israel answered song after Moses on each and every matter, like those who recite Hallel. Therefore it says “saying.” “Recite Hallel” meaning that… what? That each time the prayer leader says one thing and the congregation answers him with another section. Unlike those hysterical people who quietly repeat after what the prayer leader says so that they themselves say all of Hallel. You don’t need to! Hallel is said precisely in this way—call and response, yes, with the prayer leader and the congregation. That is how a congregation recites Hallel. When a congregation recites Hallel, it can divide the tasks so that each one says a different part, and that counts as each of us having said all of Hallel, because it is a communal utterance. Okay? Rabbi Nehemiah says: like those who recite the Shema and not like those who recite Hallel. “On that day Rabbi Yehoshua ben Horkanos expounded”—another exposition—”Job did not serve the Holy One, blessed be He, except out of love, as it is said: Though He slay me, I will hope in Him. And still the matter is balanced: am I hoping in Him or not hoping in Him? Scripture teaches: Until I expire”—again, we’ll discuss the details when we get to the Talmud—”I will not remove my integrity from me.” This teaches that he acted out of love. Rabbi Yehoshua said: “Who will uncover the dust from your eyes”—again the same expression—”Rabban Yohanan ben Zakkai, for all your days you expounded that Job served the Omnipresent only out of fear, as it is said: a blameless and upright man, fearing God and turning from evil. And yet Yehoshua, your student’s student, learned—or taught—that he acted out of love. Learned that he acted out of love.” Again, there’s a whole collection here of expositions, and it isn’t clear what they’re doing here. What is the connection between them? There is a certain similarity in the sense that at least with two of them it says that Rabban Yohanan ben Zakkai claimed one thing, and his students come—Rabbi Akiva and Rabbi Yehoshua—and say the opposite, contrary to what Rabban Yohanan ben Zakkai said. So I want to talk a bit about what we’re seeing in the overall structure of the Mishnah. What stands behind it. So look at Rashi on the spot. What does “on that day” mean? You see, on each such exposition it says “on that day.” What is “on that day”? Which day?
[Speaker C] The day they installed Rabbi Elazar ben Azariah.
[Rabbi Michael Abraham] Right. So “on that day he expounded”—Rashi says: in tractate Berakhot page 28 we say that every place where it teaches “on that day,” it is the day they installed Rabbi Elazar ben Azariah as patriarch, when the students increased because permission was given for everyone to enter, since Rabban Gamliel used to say: any Torah scholar whose inside is not like his outside should not enter the study hall. And Torah increased on that day, and there was no Jewish law left unresolved in the study hall that they did not explain. Fine, that’s enough for me; I don’t need the rest. They removed Rabban Gamliel from the patriarchate? What? They removed Rabban Gamliel—yes. So basically all these laws that are stated here in the Mishnah were part of those laws that came up for discussion on the day they deposed Rabban Gamliel and put Rabbi Elazar ben Azariah in his place. And there was no law left in the study hall that they did not decide, yes. There was no law they did not explain—”explain” here meaning they did not resolve it. And that basically means there is some shared background to all these expositions that appear here in the Mishnah. And Rashi says apparently the exposition that appears at the beginning too—”just as the waters test her,” yes, “she was defiled, she was defiled,” “and they shall enter, and they shall enter”—apparently those expositions too were said on that day. Because otherwise, why are all the subsequent expositions of the Mishnah also taught together? What gathers all these expositions together is apparently that they were all taught on that same day we’re talking about. So I want to say a little about that context. And in order to see this, let’s take a look for a moment at the passage in tractate Berakhot page 28. Okay, let’s go. So the Talmud says: The rabbis taught: there was an incident involving a certain student who came before Rabbi Yehoshua. He said to him: Is the evening prayer optional or obligatory? He said to him: Optional. He came before Rabban Gamliel and said to him: Is the evening prayer optional or obligatory? He said to him: Obligatory. He said to him: But Rabbi Yehoshua told me it is optional. He said to him: Wait until the masters of shields enter the study hall. When the masters of shields entered, the questioner stood and asked: Is the evening prayer optional or obligatory? Rabban Gamliel said to him: Obligatory. Rabban Gamliel said to the sages: Is there anyone who disagrees on this matter? He asks the public: does any of you disagree with me? Presumably with some kind of angry expression so that no one would dare open his mouth. Rabbi Yehoshua said to him: No, no one disagrees with you. He said to him: But they told me in your name that it is optional. You said optional—what do you mean telling me you don’t disagree with me? He said to him—again, this is Rabban Gamliel, not that Rabbi Yehoshua answered him—”Yehoshua, stand on your feet and let them testify against you.” Rabbi Yehoshua stood on his feet and said: If I were alive and he were dead, the living could contradict the dead; but now that I am alive and he is alive, how can the living contradict the living? Rabban Gamliel sat and expounded, and Rabbi Yehoshua stood on his feet, until all the people murmured and said to Hutzpit the interpreter: Stop. And he stopped. Stop translating Rabban Gamliel’s words. People became angry at this policy, that Rabban Gamliel was pushing Rabbi Yehoshua around, telling him, stand on your feet, not letting him sit down, and he continued the lecture while Rabbi Yehoshua stood there. So the public began saying: How long will he keep afflicting him and get away with it? Last year on Rosh Hashanah he afflicted him; in Bekhorot, in the incident with Rabbi Tzadok, he afflicted him; here too he has afflicted him. Come, let us remove him. Let us remove him from the patriarchate. Whom shall we appoint? Shall we appoint Rabbi Yehoshua? He is the party involved. He’s the one involved—what, you depose Rabban Gamliel and put Rabbi Yehoshua in his place? Shall we appoint Rabbi Akiva? Perhaps he would be punished, since he lacks ancestral merit. Yes, Rabbi Akiva was the son of converts. Rather, let us appoint Rabbi Elazar ben Azariah, because he is wise, and he is rich, and he is a tenth-generation descendant of Ezra. He even has pedigree. And he also has pedigree, and his children will also have pedigree. As they say—you know the story about the Klausenberger Rebbe, who took as a groom for his daughter someone he himself had tested on two thousand pages of Talmud, but he was the son of simple Jews from Bnei Brak. They said to him: Rebbe, what about lineage? A great rabbi’s daughter should marry someone with lineage. So he said: I prefer that his children should have lineage. Meaning, I want someone who begins the lineage, not someone who finishes it. So here too, same thing. Rabbi Elazar ben Azariah had pedigree, but his children would also have pedigree. In short, they came to Rabbi Elazar ben Azariah and said to him: Would it be agreeable to the master to become head of the academy? So, do you want to be appointed? He said to them: I will go and consult the members of my household. He went and consulted his wife. She said to him: Maybe they’ll remove you too, just like him—never mind. In short, there was a discussion with his household. “Behold, I am like a man of seventy years”—everyone knows this from the Passover Haggadah. It was taught: on that day they removed the doorkeeper and permission was given to the students to enter—that’s what Rashi brought in our passage. Yes, they removed the guard from the entrance. Who is this guard, where did he come from? Rabban Gamliel would announce and say: Any student whose inside is not like his outside should not enter the study hall. He put a guard there—if your inside is not like your outside, you can’t enter the study hall. It’s hard to ignore Plato’s influence here, right? At Plato’s Academy, above it was written: whoever does not know geometry should not enter. So they removed that guard when Rabbi Elazar ben Azariah took over. On that day several benches were added. Rabbi Yohanan said: Abba Yosef ben Dostai and the rabbis disagreed about it; one said four hundred benches were added, and one said seven hundred benches. What difference does it make whether it was four hundred or seven hundred? Clearly they were incredibly enthusiastic about the move. They discuss there: four hundred or seven hundred—it’s not really important whether it was four hundred or seven hundred. It’s there to show you that something significant happened. People were talking about what happened there, yes, trying to clarify: four hundred, seven hundred—interesting. Something important happened there. Rabban Gamliel became distressed. Rabban Gamliel saw this and became distressed; he said: Perhaps, Heaven forbid, I withheld Torah from Israel? All these people—I didn’t let them enter; the guard didn’t let them enter. They showed him in a dream white jugs full of ashes. Never mind. But that was not the reality; they only showed him that to ease his mind. In fact he really had behaved improperly, but they comforted him in the dream to calm him down. It was taught—the next section—Eduyot was taught on that day. Tractate Eduyot was taught on that day, and every place where we say “on that day,” it was that day. That is the “on that day” of our Mishnah. Meaning, everything written as “on that day” throughout the Talmud, in all places, basically refers to this day when they put Rabbi Elazar ben Azariah in place of Rabban Gamliel. And there was no Jewish law left unresolved in the study hall that they did not explain. And that’s the Rashi we saw with us. And even Rabban Gamliel did not refrain from coming to the study hall for even one hour. Rabban Gamliel did not take offense and leave; he joined the study hall and sat there like one of the students. Now he was no longer patriarch; Rabbi Elazar ben Azariah was patriarch. As we learned in the Mishnah: On that day Judah, the Ammonite convert, came before them in the study hall and said to them: What is my status regarding entering the congregation? Rabban Gamliel said to him: You are forbidden to enter the congregation. Rabbi Yehoshua said to him: Permitted. Fine, there was an argument—but now Rabban Gamliel is no longer patriarch. Okay, right? So they’re arguing: you are permitted to enter the congregation. Rabban Gamliel said to him: But has it not already been stated, “An Ammonite and a Moabite shall not enter the congregation of the Lord”? He can’t come at him now on the strength of authority—he has no authority—so he argues with him and says: yes, but I have this exposition and that exposition. Rabbi Yehoshua said to him: And are Ammon and Moab still in their original places? Sennacherib king of Assyria already came and mixed up all the nations, as it is said, and so on. And whoever separates from a group is assumed to come from the majority. Rabban Gamliel said to him: But is it not already written, “Afterward I will restore the captivity of the children of Ammon”? Fine, in short, give-and-take on the verses—whether yes or no, and so on. Rabban Gamliel said: Since this is so—and in a moment you’ll see why all these passages matter to me—Rabban Gamliel said: Since this is so, I will go and appease Rabbi Yehoshua. I’ll go and make peace with Rabbi Yehoshua; apparently I wasn’t acting properly. Yes, he is basically repenting of his original approach. The very fact that he returned to the study hall, and now he goes to appease Rabbi Yehoshua. When he reached his house, he saw that the walls of his house were blackened. He said to him: From the walls of your house it is evident that you are a charcoal maker. He was a charcoal maker. Rabbi Yehoshua said to Rabban Gamliel: Woe to the generation whose leader you are, for you do not know the suffering of Torah scholars, how they support themselves and how they are sustained. You’re cut off from the public. What—you didn’t know I’m a charcoal maker, that I make a living from charcoal work? So he said to him: I submit myself to you; forgive me. Yes, I understand, I have retracted, I’m no longer an elitist as I was, I’ve repented, forgive me. He paid no attention to him; he did not agree. Then he said: Do it for the honor of my father. He was appeased for the sake of his father’s honor, yes, the whole dynasty of patriarchs. They said: Who will go and tell the sages? A certain launderer said to them: I’ll go. Never mind, he went and informed the sages. In short, what they eventually did was this. Rabbi Akiva said: Rabbi Yehoshua, have you been appeased? Meaning, we only acted for your honor. Tomorrow you and I will go early to his door. They said: What shall we do? Shall we restore him? We have a tradition: one ascends in holiness and does not descend. What, should we remove Rabbi Elazar ben Azariah? We already elevated him; one ascends in holiness and does not descend. Should one teach one Sabbath and the other one Sabbath? That would produce jealousy between them. Rather, Rabban Gamliel should teach three Sabbaths and Rabbi Elazar ben Azariah one Sabbath. So they made a kind of arrangement—not week by week like butchers, but three weeks to one week. And that is what the master said: Whose Sabbath was it? It was Rabbi Elazar ben Azariah’s. That student was Rabbi Shimon ben Yohai. This is a Talmudic passage in Hagigah; maybe we’ll see it later. In any case, when in several places in the Talmud they say, “Whose Sabbath was it?”—what does that mean? Who was patriarch that week? Because there was a division between Rabbi Elazar ben Azariah and Rabban Gamliel, so they want to know who was patriarch, who gave the discourse in the study hall that week. So this is basically the background to our passage. Now I want to go even further back and understand what actually happened here—what is this whole story? I think the background to these things can be seen when we look at Pirkei Avot. Pirkei Avot—everyone knows it, of course—so I’ll do this in bird’s-eye fashion. Moses received the Torah at Sinai and transmitted it to Joshua, and Joshua to the elders, and the elders to the prophets, and the prophets transmitted it to the Men of the Great Assembly. They said three things: be deliberate in judgment, raise up many students, and make a fence around the Torah. Before them, nobody said anything? The Men of the Great Assembly are already the beginning of the Second Temple period. Up to the beginning of the Second Temple period, nobody said anything. Moses received the Torah at Sinai and transmitted it to Joshua—yes, it’s all a hollow pipeline. Meaning, the Torah we received at Sinai is simply passed onward. Suddenly the Men of the Great Assembly begin to speak. They said three things, and even then it still wasn’t a specific individual; just in general, the Men of the Great Assembly. In Mishnah 2 we already have a concrete speaker: Shimon HaTzaddik was among the last survivors of the Men of the Great Assembly; he would say: the world stands on three things—on Torah, on service, and on acts of kindness. So this is the first time we have a Torah teaching attributed to a specific person, okay? Shimon HaTzaddik. The first time there is a Torah teaching attributed to a person. We’re talking about the remnants of the Men of the Great Assembly, meaning this is already close to the middle of the Second Temple period, approaching the middle of the Second Temple period. There is that aggadah that Alexander the Great arrived in the Land of Israel and Shimon HaTzaddik went out to greet him and receive him, and then he got off his horse. So his officers there ask him: Why are you getting down in his honor? He said: The likeness of this man would go before me and win all my wars. Yes, Shimon HaTzaddik. Of course this never happened; Alexander the Great didn’t even come to the Land of Israel, and Shimon HaTzaddik didn’t even live in his time. But yes, I once saw someone say: there were two Shimon HaTzaddiks, you know, there are always these kinds of answers. It’s an aggadah. Meaning, it’s an aggadah that’s meant to say something, and maybe I’ll comment on that later. In any case, Shimon HaTzaddik was among the last survivors of the Men of the Great Assembly, and he was the first who actually said things. Until him, Torah passed from teacher to student, teacher to student—Moses, Joshua, elders, prophets—they don’t even bother naming names because it doesn’t matter; they didn’t say anything, they only transmitted. Okay? The Men of the Great Assembly were already some kind of anonymous collective statement in the name of all. Shimon HaTzaddik, who was among the remnants of the Men of the Great Assembly—here the Oral Torah begins. Here begins Torah that is attributed to human beings. Where a human being created this Torah, which is something a bit hard to digest. Torah is ostensibly what we received at Sinai, what the Holy One, blessed be He, said, and it passed down to us. So where does this Torah suddenly come from that is created by human beings? Not that people transmit it, but that they created it—that they are the ones who said it.
[Speaker F] Wait, what’s the proof from the fact that he said this quote, “the world stands on three things”? Right. So why is that Torah teaching?
[Rabbi Michael Abraham] It’s not a quote. He said it—what do you mean? You can quote him, but he wasn’t quoting; he said it.
[Speaker F] Yes, he said it, and therefore we say he composed it himself.
[Rabbi Michael Abraham] Yes, that Torah teaching is his.
[Speaker F] And in continuation of the lecture about what a Torah teaching is, what Torah is, there’s a question whether this is Torah.
[Rabbi Michael Abraham] Okay, so we’ll discuss that there. I’m not going to get into that issue right now. In any case, so that’s Mishnah 2. In Mishnah 3, Antigonos of Sokho received from Shimon HaTzaddik. Now Torah continues to be transmitted, right? Shimon HaTzaddik transmitted to Antigonos of Sokho, but he received from him also the Torah that Shimon HaTzaddik himself created, not just the Torah from Sinai. Torah begins to expand. It still passes from teacher to student, but it starts to expand.
[Speaker E] It already expanded
[Rabbi Michael Abraham] in Mishnah 1.
[Speaker E] What do you mean?
[Rabbi Michael Abraham] The Men of the Great Assembly, I said, that’s where it began to expand. The Men of the Great Assembly began it. Shimon HaTzaddik is already a person who speaks, and now after Torah—even though Torah is expanding—the process of transmission continues. But in the course of transmission, what we are transmitting is already expanding. It’s not only what we received at Sinai; the whole thing starts to broaden.
[Speaker E] “Make a fence around the Torah” is the most…
[Rabbi Michael Abraham] Fine, okay. And then: he would say, do not be like servants who serve the master for the sake of receiving a reward—do not be like servants… meaning, he too added something of his own. Moving on: Yose ben Yo’ezer of Tzeredah and Yose ben Yohanan of Jerusalem—that’s the beginning of the pairs. The two Yoses, right? That’s the period of the pairs. We know that in the period of the pairs—the Talmud in Hagigah, or actually it’s the Jerusalem Talmud—Rashi on the Talmud in Hagigah says this is the first dispute that existed in the Oral Torah, the dispute between the two Yoses, about laying hands on a festival. And they connect this to the Greek oppression, that they darkened the eyes of Israel, and therefore disputes arose, and therefore the two Yoses began to disagree. Here Torah is no longer just expanding—it is actually splitting. Disputes began. Okay? And each of them says something—Yose ben Yo’ezer says this, and Yose ben Yohanan of Jerusalem says that—that’s Mishnah 5. Now already each one says something, but not only does each one say something, they also disagree with each other. Fine? We saw that in the Talmud in Hagigah. Then after that, Mishnah 6: Yehoshua ben Perahiah and Nittai the Arbelite—that’s the second pair. They received from them, and again each says something. Judah ben Tabbai and Shimon ben Shetach received from them—that’s the next pair—and each says something. Shemaya and Avtalyon received from them—the next to last pair—and again said something. And Hillel and Shammai, the last pair, received from them—again Hillel said, Shammai said. What happens with Hillel and Shammai? With Hillel and Shammai, they don’t stop talking. Shimon HaTzaddik said something and moved on. Hillel and Shammai—yes, so Hillel says, be of the disciples of Aaron, loving peace and pursuing peace, loving people and bringing them close to Torah, right? That’s Mishnah 12. But he doesn’t stop talking. He says: one who seeks a name loses his name; he says: if I am not for myself, who will be for me. Meaning, Hillel was already talking quite a bit. Now Shammai says: make your Torah fixed, say little and do much, and receive every person with a pleasant countenance. He too said several things, admittedly in one mishnah, but he said several things. And Hillel and Shammai are already talking a lot. Now not only are they talking a lot—we know what happened in their time. What happened beginning in their time is that the sages split into two houses: the House of Hillel and the House of Shammai. You see the process? They split into two houses; the House of Hillel and the House of Shammai emerged, and between them there were already many disputes. This is no longer just one dispute like that of the two Yoses, which may even have been resolved. Here there are already multiple disputes and it is impossible to decide them. They cannot manage to decide them. Two houses emerge, each following its own path, and the whole thing splits. Notice what Rabban Gamliel says: “Make for yourself a rabbi and remove yourself from doubt.” The House of Hillel and the House of Shammai—basically we’re in some kind of dispute or doubt that we’re unable to get out of. We’re unable to decide, right? For three years the House of Shammai and the House of Hillel disputed until a heavenly voice came forth—the Talmud in Eruvin, right? Two and a half years, I don’t remember exactly—it says there they disputed, though of course it was much more than that. They disputed there for hundreds of years. But until a heavenly voice came out and said that the Jewish law follows the House of Hillel. Meaning, there was a situation there in which two houses arose, a dispute arose—not just a dispute, but a fundamental dispute, many disputes that apparently stemmed from different approaches to study and to Jewish law—and it was impossible to decide. We lost the ability to decide, and therefore Rabban Gamliel says, make for yourself a rabbi and remove yourself from doubt. But of course when Rabban Gamliel says make for yourself a rabbi, he’s trying to solve the problem of dispute—but he actually intensifies it. Why? Because once you attach yourself to your rabbi, if there are two rabbis saying two different things, you attach yourself to your rabbi and he attaches himself to his rabbi, and that sharpens and strengthens the dispute, it doesn’t solve it. We have this sense that if we all attach ourselves to a rabbi there won’t be disputes. The opposite. Attachment to a rabbi is the thing that creates the most disputes. When the rabbis argue and then everyone attaches himself. What’s the alternative? Not to attach yourself to a rabbi. Let’s discuss and reach a conclusion—who is right, what makes more sense. Precisely don’t attach yourself to a rabbi. That solves disputes. At first there’s a view that says that if you attach yourself to a rabbi, that guarantees there won’t be disputes. A huge mistake. A huge mistake. Attachment to a rabbi is what creates the dispute. Because attachment to a rabbi basically means: I attach myself to the rabbi instead of discussing the matter and seeing what makes more sense. Even if my rabbi said otherwise, if you convinced me, then you convinced me, and I’ll admit it. Now you won’t always manage to convince me; sometimes the dispute will remain. But if I want to minimize dispute, or know how to deal with dispute, the advice is not to attach yourself to a rabbi. Heaven forbid to attach yourself to a rabbi. Because attachment to a rabbi is a recipe for stagnation, for conservatism, for lack of thought. And that is what perpetuates the dispute.
[Speaker D] And that’s what Rabban Gamliel says.
[Rabbi Michael Abraham] That’s why they deposed him. That’s why they deposed him. Rabban Gamliel had an authoritarian approach. He says: attach yourself to a rabbi, attach yourself to tradition—that solves all the problems. Problems won’t arise. And he didn’t understand that that is what creates the problems. Because if you attach yourself to tradition, tradition naturally splits. Different opinions, missed details, mistakes, not having served one’s teachers sufficiently. After all, Maimonides says that the students of Hillel and Shammai—why did the dispute arise there? Because they did not serve their teachers sufficiently. That’s in the Talmud. But Maimonides brings it too. They did not serve their teachers sufficiently. What does that mean? There’s no choice—we’re human beings. Human beings will never describe in the same way the same tradition they received. It will always split. If you don’t allow yourself to exercise judgment and think who is right, and instead everyone attaches himself to the source from which he draws, that is what creates disputes, not what solves them. And that was the problem with Rabban Gamliel; that’s why he was deposed. Because of the “make for yourself a rabbi.” Make for yourself a rabbi is very bad advice, in Rabban Gamliel’s sense. Make for yourself a rabbi in the sense of learning from him—that’s fine, excellent. That’s how we understand it today. But make for yourself a rabbi in the sense of attaching yourself to what the rabbi says, a traditionalist approach—that is the grandfather of all impurity.
[Speaker E] Why not seat the two rabbis together so they can work it out between themselves?
[Rabbi Michael Abraham] They won’t work it out between themselves, because they too were attached to their own rabbis. That was exactly the problem. This traditionalist approach reached all the way to Rabban Gamliel, and until him everybody thought that way.
[Speaker E] But the question is, you’re saying that in the first mishnayot that’s what they said and then they skipped onward. Right. But let’s look at the editor of the Mishnah. After all, they didn’t do only one thing their whole lives. Right. He decides what to quote. Okay. The question is why there he quotes one particular thing.
[Rabbi Michael Abraham] So I’m saying: because right now I’m studying Rabbi, not Rabban Gamliel. And Rabbi is describing for us here a certain progression when he edited the Mishnah in Avot. What is that progression? That progression basically reflects exactly this point. Wait, right.
[Speaker E] No question that each one of them also said things. That’s what I’m saying.
[Rabbi Michael Abraham] Deliberately, of course he’s filtering. That’s exactly what I’m saying. He’s filtering in order to show us a certain progression; he’s not coming to tell us everything everybody did. He’s showing us what happened here, what the unfolding of the Torah was, how it happened, what was operating there, what happened there. And what happened there was the following. There was a Torah of tradition. And the belief was: Moses received the Torah at Sinai and transmitted it to Joshua, and Joshua to the elders, and the elders to the prophets. We are only hollow pipes. Each person clings to his rabbi. “Make for yourself a rabbi” was everybody’s approach. Our role is not to invent Torahs of our own; we learn Torah from the rabbi and pass it on to the student. Our goal is to pass the Torah from Sinai onward. That’s the goal. And that’s how they thought. What happened at a certain stage? There is no transmission. Anyone who knows the game of broken telephone knows there’s no such thing as transmission through a hollow pipe. The pipe always has friction. It always affects in some way what passes through it. And then several opinions arise. And certainly those who did not attend sufficiently to their masters—the students of Hillel and Shammai, in the period of the students of Hillel and Shammai, meaning after Hillel and Shammai—that’s when dispute begins to form. Right? With the two Yoseis there was one disagreement of some kind, but an actual dispute, two schools, two outlooks—that was formed among the students of Hillel and Shammai, because their students did not attend sufficiently to them. That’s how the schools were formed. Now the conservative people—what?
[Speaker C] To the point that in tractate…
[Rabbi Michael Abraham] Now what happens is, the conservatism of the Sages, as we also see today, said: fine, how do we deal with this phenomenon? Cling to our rabbi. That way we know what the truth is; we remove ourselves from doubt—“make for yourself a rabbi and remove yourself from doubt.” Why? Because the policy was a traditionalist policy. When you come to deal with a new phenomenon and you continue and intensify even more the very thing that brought about the problem, because you can’t break free of the conceptions that accompanied you until now, you only make the problem worse. And then the Jerusalem Talmud says that the students of Hillel and Shammai wanted to kill one another, killed one another. Because they understood that the Torah was splitting apart; they couldn’t cope with it, they couldn’t reach a decision, as the Talmud says in Eruvin. What do you do? You use force. What can you do—they have to be killed. Again, I don’t know whether that killing wasn’t metaphorical, it doesn’t matter, but apparently there was an enormous dispute there, as people sadly say today. Okay, there was a severe dispute. Why? Because they had no way at all to deal with disagreement. Because in a world where Torah is a Torah of tradition, where each person clings to his rabbi—“make for yourself a rabbi and remove yourself from doubt”—you are incapable of listening to other arguments, because after all my rabbi didn’t say this, so what do you want from me? You have very nice innovations, wonderful, but my rabbi told me—this is what I received from Sinai—what do I care what you think? You can’t cope with the phenomenon of dispute from within a traditionalist approach. And therefore they reached a state where Beit Hillel and Beit Shammai killed one another. The moment dispute became institutionalized, they understood the Torah was splitting apart. So now what do you do? The whole thing is falling apart. They come to violence, they come to killing. Okay. And then the Mishnah continues—that ends chapter 1—his son Shimon says, Rabban Shimon ben Gamliel says—what about “received,” “transmitted”? Nothing, right? You see, notice. Rabban Gamliel says, “Make for yourself a rabbi and remove yourself from doubt.” His son Shimon says—it doesn’t say “he received from him,” or “he transmitted and Shimon received.” Rabban Shimon ben Gamliel says—this is apparently already the second one, after all there was Rabban Gamliel, Rabban Shimon ben Gamliel, Rabban Gamliel the Second, and so on. He also didn’t receive from anybody, didn’t transmit, nothing. He says, and he says, and he says. What happened to “received” and “transmitted”? The whole chapter: Moses received the Torah at Sinai and transmitted it to Joshua; Joshua received and transmitted it to the elders, and so on. He received from him, he received from him, the pairs received from the previous pairs. Here it stops. No “received,” no “transmitted,” nothing. Each one says what he says. Okay, look at chapter 2. Rabbi says—the same dynasty of course, right? Rabbi is from the line of Rabban Gamliel—he also says this and that. What, he didn’t receive? He didn’t transmit? Nothing. Rabban Gamliel the son of Rabbi Yehuda HaNasi says. They all say. There is no “received,” no “transmitted.” It was cut off. Where was it cut off? Hillel and Shammai. Right? Hillel and Shammai were the last who received; from there onward everyone just says things, there is no “they received.” Right? Except here. Everyone just says.
[Speaker B] Mishnah.
[Rabbi Michael Abraham] Eight: Rabban Yohanan ben Zakkai received from Hillel and Shammai. Now Rabban Yohanan ben Zakkai—notice—we’ve gone back in time. That’s much earlier than Rabbi. Rabban Yohanan ben Zakkai is the transition to Yavne. Rabbi is already the redaction of the Mishnah, the end of the Tannaim. Rabban Yohanan ben Zakkai is still before the Tannaim. He’s perhaps considered the first of the Tannaim; the pairs aren’t considered Tannaim in that framework—they appear in the Mishnah, but they aren’t considered Tannaim. The Tannaim are the sages of Yavne.
[Speaker E] And where did he receive from both of them when they disagree?
[Rabbi Michael Abraham] He received from both of them? Yes—did he receive the dispute? Yes, he probably received both sides. I don’t know exactly how the ruling worked, but he received, and that’s it. Suddenly one flash of receiving. Notice, the receiving continued until Hillel and Shammai in chapter 1. It goes one generation further: Rabban Yohanan ben Zakkai. All the descriptions before were descriptions where there is no receiving, no receiving and transmission. Now we go back to Rabban Yohanan ben Zakkai—one more step there was receiving. But again, that was a somewhat different kind of receiving, because he received both from Hillel and from Shammai. He didn’t receive in the same sense as the earlier Sages, where each one simply continued. He received also from Hillel—so what does “received” mean?
[Speaker E] Within himself he had to decide.
[Rabbi Michael Abraham] Meaning, he too was already not really part of that approach of “make for yourself a rabbi and remove yourself from doubt.” He received—but he received from both. What did he do? Apparently he decided. Meaning, he received, but it’s not receiving in the restrictive sense, where he isn’t willing to think beyond what his rabbi said.
[Speaker B] What, he—
[Rabbi Michael Abraham] Isn’t referring to the text later on?
[Speaker B] What is the text—
[Rabbi Michael Abraham] Later on?
[Speaker B] “If you have learned much Torah, do not take credit for yourself, because for this you were created”—you—
[Rabbi Michael Abraham] That he received, he said; apparently he was. But the fact that he received from Hillel and Shammai—on the one hand there is a flash of receiving here, but it’s not receiving of the earlier kind. It’s something else; I’ll get back to that in a moment. Then: Rabban Yohanan ben Zakkai had five disciples. It doesn’t say they received and he transmitted; it says he had five disciples. Learning from teacher to student always was and always will be, that’s fine, but “received and transmitted” does not appear here. Because these disciples are already not disciples in the same sense. Except for one: Rabbi Eliezer. Right? Rabban Yohanan ben Zakkai had five disciples: Rabbi Eliezer ben Hyrcanus—this is Rabbi Eliezer the Great, yes? Rabbi Yehoshua ben Hananiah—you see? These are the disputants in the story of the oven of Akhnai, I’m getting to that in a moment. Yes, and so on. Then he would enumerate their praises: Rabbi Eliezer ben Hyrcanus is “a plastered cistern that does not lose a drop.” What characterizes Rabbi Eliezer ben Hyrcanus? That he is “a plastered cistern that does not lose a drop.” The Talmud says he never said a thing he did not hear from his rabbi. Rabbi Eliezer continued the traditionalist approach that had stopped with Rabban Yohanan—almost stopped with Rabban Yohanan ben Zakkai. He was one of Rabban Yohanan ben Zakkai’s disciples, but he wanted to continue it. He really did receive from his rabbi. What? This was his praise: that he was “a plastered cistern that does not lose a drop.” But that thing has a huge drawback, and that drawback comes to expression in his disputes with Rabbi Yehoshua, when both of them are disciples of Rabban Yohanan ben Zakkai.
[Speaker E] But it still doesn’t say what he did with the dispute he received.
[Rabbi Michael Abraham] It doesn’t say, so apparently he decided, or I don’t know what he did. He received both; it’s not “received” in the narrow sense. But Rabbi Eliezer didn’t notice that there had been a change in what receiving meant. Rabbi Eliezer was a disciple of Rabban Yohanan ben Zakkai. As far as he was concerned, it continued: Rabban Yohanan ben Zakkai received, and he receives from Rabban Yohanan ben Zakkai; he never says anything he didn’t hear from his rabbi. Right? “If all the seas were ink”—and this is the Talmud in Sanhedrin that says, “I learned much from my teachers and did not diminish from them even as much as a dog lapping from the sea.” Rabbi Eliezer ben Hyrcanus is a purely traditionalist approach, exactly as it had been before. It doesn’t matter, but he received from him in the same sense that everyone had received before. He clung to what Rabban Yohanan ben Zakkai said, okay? Meaning, he didn’t understand that there had been some kind of change of direction in the middle. Who else there was like this? Rabban Gamliel, his brother-in-law. He too: “make for yourself a rabbi and remove yourself from doubt,” right? They were brothers-in-law, right? Through Imma Shalom. Meaning, Rabbi Eliezer and Rabban Gamliel were brothers-in-law, the last two dinosaurs who remained with the traditionalist approach, okay? And they tried to carry it onward. In that same generation, Rabbi Elazar ben Azariah and Rabbi Yehoshua and Rabbi Akiva—who was already their disciple but roughly the same age, the student of Rabbi Eliezer and Rabbi Yehoshua—decide that something here isn’t working. Something here isn’t working. They remove Rabban Gamliel from the patriarchate. Why? Because they understand that Rabban Gamliel, with his clinging to tradition and authority and his unwillingness to hear other arguments—which is exactly what the argument with Rabbi Yehoshua was about—and Rabbi Yehoshua represents the opposite conception: a Torah of give-and-take as against a Torah of tradition. Rabban Gamliel is a Torah of tradition; Rabbi Eliezer is a Torah of tradition. And Rabbi Yehoshua ben Hananiah, who is more or less of their generation, represents the new approach. He is the elder leading the new approach, the revolution of Yavne. Rabbi Elazar ben Azariah was young. Rabbi Akiva was young in his learning—yes, he started at age forty—but he also belonged to the next generation in terms of the transmission of Torah. Rabbi Yehoshua ben Hananiah was the leader of the new conception, the revolution of Yavne. Okay? And then Rabban Gamliel repented. Rabban Gamliel understood his mistake, returned to the study hall, appeased Rabbi Yehoshua, and played by the new rules after the revolution. They removed him, deposed him from his office—that’s a dramatic step, with no basis in Jewish law. The head of the Sanhedrin and ordination come from above, not from below. You can’t depose someone who has ordination or depose the head of the Sanhedrin. What do you mean? This isn’t a democratic election. But they did it; they made a revolution against the rules. Because the rules don’t work, the rules brought the breakdown, the rules brought a situation where the Torah is shattering. And the Torah shattered because of clinging to the rabbi. It is not right to cling to the rabbi. A new section is needed. And then they appointed Rabbi Elazar ben Azariah, right? And when they appointed Rabbi Elazar ben Azariah, what happened? Everyone entered the study hall. Why did everyone enter the study hall? Why weren’t they there before? Because Rabban Gamliel said, “Whoever’s inside is not like his outside shall not enter here.” Why? Why is it important that his inside be like his outside? Because Rabban Gamliel was looking for pure transmitters, people whose word I can trust. If your inside is like your outside, you’re righteous; what I bring to you, you’ll pass on as is, onward. Rabban Gamliel was looking for transmitters. He said: those who don’t have refined character traits, who aren’t especially pure-minded, shouldn’t enter here. What happens with Rabbi Elazar ben Azariah? The revolution threw out the Torah of tradition, threw out Rabban Gamliel. We turned into a Torah of give-and-take. When there is give-and-take, what do I care whether your inside is like your outside or not? We’ll hear your argument and see. If you’re right, you’re right; if you’re not right, you’re not right. Do I care whether your inside is like your outside? You can be a complete villain—bring me arguments and I’ll be convinced or I won’t be convinced. It’s no longer relevant. There is no dependence on morality, no dependence on the person, because we are now talking about give-and-take; we are examining things on their own merits, not by the question whether they have a source or whether my rabbi said them. Therefore the benches in the study hall multiplied, and with Rabban Gamliel—because now everyone enters, there’s no problem, everyone can come in. I’m not looking for transmitters; I’m looking for people who will debate. And the more people there are, the better: more arguments will be raised, and in the end we’ll decide according to what sounds reasonable, votes, and so on, according to the majority. All is fine. That was essentially the revolution of Yavne, and that was “on that day.” Why was the whole tractate of Eduyot taught on that day? Tractate Eduyot is a tractate with no subject. All the tractates have a subject; every tractate has a topic. Tractate Eduyot has no topic. It’s a collection of laws unrelated to each other. What do they all share? They were laws that they had not managed to decide in the previous period. They remained open. There were disputes or doubts about them. Why? Because “make for yourself a rabbi and remove yourself from doubt.” “Make for yourself a rabbi and remove yourself from doubt” creates all the doubts. It doesn’t remove doubt; it creates doubts. You can’t decide. You have a tradition that says the oven is forbidden; another tradition says the oven is pure. Okay, so what do you do now? Each person clings to his rabbi; there is no give-and-take. What do you do? Stuck. It’s stuck, and they start killing each other. We have no way to manage the dispute, right? What happens when Rabbi Elazar ben Azariah replaces Rabban Gamliel? Bring all the laws that remained open in the era of a Torah of tradition and let’s open them up. We’ll hear testimony, discuss, and reach a conclusion. And on that very day the whole tractate of Eduyot was taught. What all the laws in tractate Eduyot have in common is that they were taught on that day. These are laws that had been unresolved before and were taught on that day, resolved on that day, because before that it was impossible to resolve them. And all these homilies and laws that appear in our Mishnah—they were all taught on that day. Our Mishnah is basically part of tractate Eduyot. Now another part of tractate Eduyot.
[Speaker F] Right, it’s Rabbi Elazar ben Arakh functioning as an ever-strengthening spring, and essentially the antithesis to the plastered cistern.
[Rabbi Michael Abraham] Right, right. That’s Rabbi Yehoshua’s party. Exactly.
[Speaker F] Right, that metaphor was said about her.
[Rabbi Michael Abraham] Right. Now each of them has an advantage—both the plastered cistern that doesn’t lose a drop and the ever-strengthening spring. This may be Sinai versus one who uproots mountains, or something like that. But in the end, and we’ll soon talk about the proper balance, you need to understand that a Torah of tradition cannot endure. A Torah of tradition is a recipe for complete disintegration, complete destruction. Conservatism is a recipe for destruction. That is basically the lesson learned from here. Even though it looks as if those most devoted to the Torah are the conservatives—they cling to what we received from Moses at Sinai, these are the greatest keepers of Torah. In terms of their motivation, they come to preserve the Torah. But what they are doing is destroying it. Now look at the sugya of the oven of Akhnai through these lenses. Let’s look at that sugya. Bava Metzia 59. “We learned there: if one cut it into segments and put sand between each segment”—this is a certain kind of oven. “Rabbi Eliezer deems it pure and the Sages deem it impure,” whether it contracts impurity or not. “And this is the oven of Akhnai.” What is Akhnai? Rav Yehuda said in the name of Shmuel: because they surrounded it with arguments like this snake, and declared it impure. It was taught: on that day Rabbi Eliezer answered with every answer in the world, and they did not accept from him. He said to them: if the Jewish law follows me, let this carob tree prove it. The carob tree was uprooted from its place one hundred cubits—and some say four hundred cubits. They said to him: one does not bring proof from a carob tree. He said again: if the Jewish law follows me, let the stream of water prove it. The stream of water flowed backward. They said to him: one does not bring proof from a stream of water. He said again: if the Jewish law follows me, let the walls of the study hall prove it. The walls of the study hall leaned inward and began to fall. Rabbi Yehoshua rebuked them and said to them: if Torah scholars are contending with one another in Jewish law, what business is it of yours? They did not fall, out of respect for Rabbi Yehoshua, and they did not straighten up, out of respect for Rabbi Eliezer. And they remain leaning still. He said again to them: if the Jewish law follows me, let heaven prove it. What are all these things? What is Rabbi Eliezer proving to them? These aren’t proofs about the matter itself at all. What do I care about a stream of water—magic tricks, signs and wonders, everything under the sun. Bring proofs, bring arguments. We have a halakhic dispute, right? No—he is bringing proofs of what? That he is righteous. Why? Because one whose inside is not like his outside does not enter the study hall. He is saying to them: I am the most trustworthy transmitter here. Look, you see? I have testimony from heaven supporting me. Believe me that what I’m saying is what Moses received from Sinai. That’s what Rabbi Eliezer is saying to them. These are not proofs. They are proofs about the person; they are proofs about the man, not about the object. They are proofs that he is someone worth believing. He is still fighting yesterday’s war. What does Rabbi Yehoshua, his disputant, say there? Or the ever-strengthening spring, Rabbi Elazar ben Arakh, it doesn’t matter. What do they say? “We do not heed a heavenly voice,” we do not heed a stream of water, we do not heed the walls of the study hall. What are you doing? “If Torah scholars are contending with one another in Jewish law, what business is it of yours?” What are you doing here? I raise arguments and you throw a stream of water at me? I couldn’t care less about the stream of water. I have arguments—bring me counterarguments and we’ll talk. I can’t talk with a stream of water; the stream of water has no mouth. Bring arguments! That was the argument here. And then what? Above all, a heavenly voice comes out and says that even the Holy One, blessed be He, agrees with him. And then Rabbi Yehoshua comes and says: so what? Bring arguments. Again, no heavenly voice came out, and this is all aggadic literature. But what is this aggadah trying to say? It is trying to describe what happened on that day. This story too was edited around that same day. It wasn’t one single day, by the way; it was a period, an era over some time. Okay? But “that day” means not a calendar day, not twenty-four hours. In the same setting in which Rabbi Elazar ben Azariah replaced Rabban Gamliel, this too happened around that time. I’ll show you in a moment. Okay? It’s the same story. And therefore Rabbi Eliezer insists on his position, on a Torah of tradition, while Rabbi Yehoshua says to him: a Torah of give-and-take. Bring arguments. And even if the Holy One, blessed be He, agrees with you, I do not accept it. I don’t care! Only substantive arguments. “It is not in heaven.” That’s what he says later. It says: “If the Jewish law follows me, let heaven prove it.” A heavenly voice came out and said: why are you arguing with Rabbi Eliezer, for the Jewish law accords with him everywhere? Rabbi Yehoshua stood on his feet and said: “It is not in heaven.” What does “it is not in heaven” mean? Rabbi Yirmiyah said: because the Torah was already given at Mount Sinai, we do not heed a heavenly voice, for You already wrote in the Torah at Sinai: “Incline after the majority.” A Torah of give-and-take. The tradition ended at Sinai. From Sinai onward begins give-and-take. Don’t bring me any tradition from after Mount Sinai. “A prophet is no longer permitted to introduce anything new from now on.” Torah was given once. From then onward it is give-and-take. What the Sages decide, establish, arguments this way, arguments that way. Rabbi Natan encountered Elijah and said to him: what was the Holy One, blessed be He, doing at that moment? He said to him: He was smiling and saying, “My children have defeated Me, My children have defeated Me.” Even the Holy One, blessed be He, repents, just like Rabban Gamliel. And gives up on a Torah of tradition. Again, this didn’t actually happen; they put this line into His mouth in order to convey the message. And the message is that Torah has to be a Torah of give-and-take and not a Torah of tradition. Otherwise the whole story falls apart. And that’s why it says: on that day they brought all the pure items that Rabbi Eliezer had declared pure and burned them in fire. Does that remind you of anything? On that day the whole tractate of Eduyot was taught. Because on that day they opened everything and decided all the disputes. And what is “that day”? Every place where it says “on that day”—that was that same day. It is the same day referred to in the sugya in Berakhot. This too is that same sugya. And how do I know? Because in the Mishnah in Eduyot the law of the segmented oven appears. One of the rulings that appears in Mishnah Eduyot is the law of the segmented oven. Meaning, the law of the segmented oven itself, this very discussion that decided the law of the segmented oven, was also said on that day, together with Mishnah Eduyot. That law is written there. And that’s what is written here: “on that day”—it’s the same day, meaning this is exactly it. And they said: who will go and inform him? Very parallel, you see, really to Rabban Gamliel. In exactly the same style as what we saw before. Why? Because Rabban Gamliel and Rabbi Eliezer are the representatives of the approach—the elders, the dinosaurs, the conservatives—of a Torah of tradition. Exactly the same thing. They push both of them aside. The two brothers-in-law who held key positions, who were the leaders of the generation—both are pushed aside by the reckless youngsters. The difference is that Rabban Gamliel repented and accepted the judgment, went back to play according to the new rules; Rabbi Eliezer never did, to the end of his life. And therefore he remained excommunicated in his city, Lod, until the end of his days. On the final day it says the vow was released, and so on; the Talmud in Sanhedrin says he remained stubborn in Lod until the end of his life. He did not accept the rules. Then it says: who will go and inform him? Rabbi Akiva said: I will go, lest some unsuitable person go and inform him and thus destroy the whole world. Meaning, the spiritual power of Rabbi Eliezer—and the Holy One, blessed be He, cooperates with him—it’s frightening. Okay? Again, all of this is of course aggadic metaphor, but that is the point. We are making a revolution here, but it is “rejoice with trembling,” meaning you are changing here the whole course of Torah. This isn’t something trivial. We are suddenly beginning to produce a Torah of human beings, not a Torah of the Holy One, blessed be He. What we decide is the Torah, not what the Holy One, blessed be He, says. Okay, so now we see the parallel in Pirkei Avot. Therefore in the period of Hillel and Shammai “transmitted and received” stops, since Rabbi Yohanan ben Zakkai is the generation after them, and the disciples of Rabbi Yohanan ben Zakkai are the generation after that. Here the whole story begins. So the parallel in Pirkei Avot comes to expression in the “transmitted and received, transmitted and received” that stops here. Then it says: what did Rabbi Akiva do? He put on black clothes and wrapped himself in black, and sat before him at a distance of four cubits. Rabbi Eliezer said to him: Akiva, why is today different from other days? He said to him: my master, it seems to me that your colleagues are keeping away from you. You are under ban. He too tore his garments, removed his shoes, slipped down and sat on the ground, and tears flowed from his eyes. The world was stricken: one-third in olives, one-third in wheat, one-third… yes, he did what they feared, that he would destroy the world. And some say even dough in a woman’s hands spoiled. It was taught: great was that day, for every place upon which Rabbi Eliezer cast his eyes was burned. Notice now something beautiful. “And Rabban Gamliel was traveling on a ship.” That’s not incidental. Rabban Gamliel is his brother-in-law, and they did to him exactly the same thing, pushed him aside—but Rabban Gamliel changed his mind and accepted the new rules; Rabbi Eliezer did not. Right? Rabbi Eliezer is destroying the world. And part of the world that he is trying to destroy includes Rabban Gamliel, his coalition partner. Okay? Because Rabban Gamliel betrayed him, so to speak—he’s playing the new game. So it says: he said, it seems to me this is only because of Rabbi Eliezer ben Hyrcanus. Rabban Gamliel understood that his brother-in-law was there creating all this havoc. He stood on his feet and said: Master of the universe, it is revealed and known before You that I did not do this for my honor, nor for the honor of my father’s house, but for Your honor, so that disputes not multiply in Israel. The sea calmed from its rage. Now this can be understood in two ways. One way is that this is punishment for his first approach, and therefore he is drowning. Then he says to the Holy One, blessed be He: look, I wanted to cling to tradition because I thought that was what would reduce disputes; I did it for the sake of Heaven, not out of pursuit of honor. That’s one reading. A second reading: no, I went against Rabbi Eliezer, and now he wants to drown me because I repented—last Mishnah, not first Mishnah. And about that I say: I did it not because I surrendered to them, but because I understood that they are right. Because otherwise disputes in Israel would increase. Precisely the clinging to a Torah of tradition increases disputes in Israel. You can read it this way; you can read it that way. I don’t know. Then it says: the sea calmed from its rage. Imma Shalom, the wife of Rabbi Eliezer, was the sister of Rabban Gamliel. The Talmud does not leave this to our literary imagination. It puts it on the table. Rabban Gamliel and Rabbi Eliezer were brothers-in-law. It’s not incidental that they fought together in the same direction, cooperated, and had the same thing happen to them. They’re brothers-in-law. They come from the same study hall, the same… they are working together. And from that incident onward she would not allow Rabbi Eliezer to fall on his face in supplication. She didn’t let him destroy the world, yes. Fine, it doesn’t matter. In short, that’s the end of the matter. You see that these developments, all these things, happen on the same day. Not literally twenty-four hours, but in the same period, around the events of replacing Rabban Gamliel with Rabbi Elazar ben Azariah. Okay? And in all these places it says “on that day.” These are stories in entirely different places in the Talmud, but by the period of the sages we understand that this is the same story. And also because of the literary force. These kinds of stories are very rare in the Talmud—stories with very strong literary power. It’s hard not to notice the connection among all these stories. Now look at the Talmud in Chagigah 3. The Rabbis taught: it happened that Rabbi Yohanan ben Beroka and Rabbi Elazar ben Chasma went to greet Rabbi Yehoshua in Peki’in. Rabbi Yehoshua lived in Peki’in. He said to them: what new thing was there in the study hall today? They said to him—yes? What novelty? What was renewed in the study hall? They said to him: we are your disciples and we drink from your waters. He said to them: nevertheless, it is impossible for a study hall to be without novelty. This introduction isn’t random. According to Rabbi Eliezer there are no novelties in the study hall. The study hall is supposed to pass on what… what do you mean novelty? There is no novelty. Rabbi Yehoshua says to them, when they come to him—they came to him from Yavne, we’ll see in a moment—what new thing was there in the study hall? Because after Rabbi Elazar ben Azariah entered, all the novelties began. Before that there were no novelties. So he asks them what was new in the study hall. And the Talmud again doesn’t leave us in doubt; it itself says: whose Sabbath was it? What kind of question is that? To teach us that we are speaking of the study hall in Yavne, after the revolution of Rabbi Elazar ben Azariah and Rabban Gamliel. And they still alternated, week by week by week, and then he asked them who gave the discourse in the study hall—because he wanted it to have been Rabbi Elazar ben Azariah, because there there were certainly novelties. This time even Rabban Gamliel would produce novelty, because he too had accepted the rules of the game. But he asked “whose Sabbath was it?” in order to indicate that we are talking here about the study hall in Yavne. And when he asks what novelty there was in the study hall, it is the continuation of that same story: the study hall is now producing novelties. Ah, tell me what happened; I wasn’t there. So they said to him: it was Rabbi Elazar ben Azariah’s Sabbath. And he said: what aggadah was there today? They said to him: the section of Hakhel. What did he expound from it? “Assemble the people—the men, the women, and the children.” If men come to learn, women come to hear, why do children come? In order to give reward to those who bring them. Well, I’ve heard more exciting sermons than that, right? Look how enthusiastic he is. He said to them: you had a precious jewel in your hands and sought to deprive me of it? Why is he so excited? I can produce ten such sermons for a penny. Obviously it’s not the sermon itself. He says to them: they are bringing everyone into the study hall. He understood that they had won the revolution, that the gates of the study hall had been opened—even women and children enter, everyone enters. Democratization of Torah. The Torah of give-and-take has defeated the Torah of tradition. That is the precious jewel that we had lost—not this brilliant little interpretation of verses. Okay? It is all around those events; I’ll show you in a moment. And he further expounded: “You have affirmed the Lord today, and the Lord has affirmed you today.” The Holy One, blessed be He, said to Israel: you have made Me a single unit in the world, and I will make you a single unit in the world. You made Me a single unit in the world, as it is written: “Hear O Israel, the Lord our God, the Lord is one.” And I will make you a single unit in the world, as it is said: “And who is like Your people Israel, one nation in the land?” What does this mean? They immediately explain what it means, and I’ll say it first. What is “you made Me a single unit”? After all, what was the concern of Rabban Gamliel and Rabbi Eliezer? That the Torah would break apart, right? If there are many opinions and each has legitimacy, and you don’t cling to what I tell you, then it will dismantle the Torah. No—it is “a single unit in the world.” Meaning, this whole variety together is the unit that represents the Holy One, blessed be He; not some one truth that must be sifted out from the chaff, no. There is no chaff here; all of it is grain. And all these things together are the one unit that represents the Holy One, blessed be He. How do I know that? Because the Talmud itself explains it. The Talmud says: he too opened and said. Rabbi Yehoshua continues, in great excitement: “The words of the wise are like goads, and like firmly planted nails; masters of collections, given from one shepherd.” Why are words of Torah compared to a goad? To tell you: just as a goad directs the cow to its furrow to bring life to the world, so too the words of Torah direct their learners from paths of death to paths of life. If a goad moves around, then perhaps words of Torah move around? Scripture says: “nails.” So they don’t sway in every direction; they are fixed. If a nail diminishes and does not add, then perhaps words of Torah diminish and do not add? Scripture says: “planted.” Just as a planting is fruitful and multiplies, so too words of Torah are fruitful and multiply. “Masters of collections”—now they expound the verses. “Masters of collections, all given from one shepherd”—these are Torah scholars who sit in many groups and engage in Torah. These declare impure and those declare pure; these forbid and those permit; these disqualify and those validate. Lest a person say: how can I learn Torah from now on? The Torah has fallen apart; there is no Torah. Now it’s all human inventions. Torah is what the Holy One, blessed be He, gave. So they tell him: no—“you made Me a single unit in the world.” No, the single unit in the world is this. It is not the Torah of tradition; it is the Torah of give-and-take. That is what Rabbi Yehoshua comes to say. He began with “you made Me a single unit,” and then he explains what a single unit means. In a unit there are many companies and battalions, and each of those companies and battalions together is what creates the unit. You need engineering, you need reconnaissance, you need armor. Today there are combat teams; it’s no longer an organic armored brigade or an organic infantry brigade, right? Every combat team has some of this and some of that. In order to advance, you need all these different facets. And that is what he says: “How can I learn Torah from now on?” Scripture says: “all were given from one shepherd.” One God gave them; one leader uttered them from the mouth of the Master of all deeds, blessed be He. You too: make your ear like a funnel and acquire for yourself an understanding heart to hear the words of those who declare impure and the words of those who declare pure, the words of those who forbid and those who permit, the words of those who disqualify and those who validate. What is this? This is what he says to them. He says to them: don’t worry, it isn’t falling apart; these are just different facets of the same Torah. And therefore you didn’t understand what it means that Rabban Yohanan ben Zakkai received from Hillel and Shammai. He received—but from Hillel and from Shammai together. Meaning, he inclined his ear to hear the words of those who declare impure and the words of those who declare pure, both Beit Hillel and Beit Shammai. So this isn’t “received” in the sense of “Moses received the Torah at Sinai and transmitted it to Joshua.” It’s a different kind of receiving. And that’s the… that is what he received. He received that one must hear both Beit Hillel and Beit Shammai. That is what he received. Then he says: they said to him, no generation is orphaned in which Rabbi Elazar ben Azariah resides. How is all this connected to Rabbi Elazar ben Azariah? What do you want with that? Your sermons. What does it have to do with Rabbi Elazar ben Azariah? Because my sermons come to explain what Rabbi Elazar ben Azariah expounded. What did he expound? That they bring the men and the children and everyone. Right? That is the sermon they reported in his name. So he explains to them the significance of it. “No generation is orphaned in which Rabbi Elazar ben Azariah resides.” The generation was saved. It was saved because we appointed Rabbi Elazar ben Azariah in place of Rabban Gamliel. It was saved from disintegration. Uniformity of opinion is destruction. Not because there is no single truth. There is one truth. And still, to accept only one opinion and throw out all the others, or deny the legitimacy of all the others—that is total destruction. Now look at what follows. “And let them tell him explicitly because of the incident that occurred.” As it was taught: it happened that Rabbi Yosei ben Durmaskit went to greet Rabbi Eliezer in Lod. Before this they had gone to greet Rabbi Yehoshua in Peki’in. Now his disputant. Rabbi Eliezer—yes, obviously this is Rabbi Eliezer—in Lod. Rabbi Eliezer the Great is sitting there excommunicated in Lod. Now look. A complete parallel to what happened before. He said to him: what new thing was there in the study hall today? Now Rabbi Eliezer does not accept novelties. He’s mocking him. He said to him: what did you innovate there in the study hall? Either it isn’t true, or I could have told you that without the study hall because I know everything. Look. The Talmud says it, not me. He said to him: they voted and concluded that Ammon and Moab give the poor tithe in the Sabbatical year. There was a discussion about the poor tithe in the Sabbatical year. He said to him: Yosei, stretch out your hands and receive your eyes. He stretched out his hands and received his eyes—he blinded him. “Stretch out your hands and receive your eyes.” Why? What happened? Rabbi Eliezer cried and said: “The secret of the Lord is with those who fear Him, and His covenant to make it known to them.” He said to him: go tell them: do not concern yourselves with your vote. For this is what I received from Rabban Yohanan ben Zakkai, who heard from his rabbi, and his rabbi from his rabbi—this is a law given to Moses at Sinai: Ammon and Moab give the poor tithe in the Sabbatical year. You’re all debating there, give-and-take, reaching a conclusion—don’t concern yourselves with your vote. Your vote isn’t needed. Everything is fine. But why is it fine? Not because you reached that conclusion, but because I would have told you: this is what I received, a law given to Moses at Sinai, tradition. All your pilpul is unnecessary. You could have come and asked me and I would have told you. So obviously he is constantly mocking the novelties in the study hall. They are not novelties. What did you innovate? What I already knew beforehand. You innovated a law given to Moses at Sinai? Is that what you innovated? You’re giving up on tradition, replacing it with give-and-take, and reaching a conclusion. In this case you happened to reach the right conclusion. You could also have reached the wrong conclusion. “Make for yourself a rabbi and remove yourself from doubt.” That is what he is saying to him. And that is why he blinds him over it. Why are you blinding him? He’s telling you a law that was accepted in the study hall. What do you want from him? Because I’m telling you: I already knew that law. What are you all arguing there for? You leave me here under ban, nobody comes to me, and meanwhile you’re debating there and reinventing the wheel. The wheel is with me. I’m already riding on it. Ask me and I’ll tell you the ruling. What’s the problem? It’s all law given to Moses at Sinai. Tradition. Rabban Yohanan ben Zakkai and his rabbi from his rabbi and his rabbi from his rabbi back to Moses our teacher. Why did they excommunicate Rabbi Eliezer? He had a dispute about the oven of Akhnai, about the segmented oven, whether it was impure or not impure. Why excommunicate a person over a dispute? They excommunicated him because he did not accept the rules of the game. Not because of his view about the oven. On the contrary, his view about the oven was fine—bring proofs. But no. He is so absolute that he brings the stream of water. He is unwilling to hear arguments and also unwilling to present arguments. Nothing. He says: this is what I received from Rabban Yohanan ben Zakkai. So they excommunicated him. They did not excommunicate him because he disagreed with Rabbi Yehoshua. They excommunicated him because he did not accept the rules of the game—that we have to deliberate. This is not a problem of a halakhic disagreement. They have no problem with halakhic disagreement. Their problem is with someone who is unwilling to discuss halakhic disagreements. That’s why they excommunicated him. And he sits there bitter, destroying the world in Lod, until someone comes to him with a new innovation. So Rabbi Yehoshua rejoices and is happy over the novelties that were in Yavne, because that precisely symbolizes the Torah of give-and-take. And Rabbi Eliezer says: very nice, your give-and-take—you happened in this case to reach the right conclusion, which I already know even without your pilpul. In other cases you won’t reach the right conclusion; you’ll make a mistake. Come ask me, stop debating. That’s what he says to him. Then it says: because his mind was eased and settled, he said: may it be God’s will that Yosei’s eyes return to their place—and they returned. Fine, he restored him.
[Speaker F] The wording “they said to him, we are your disciples and we drink from your waters” more simply would actually fit better if they were saying it to Rabbi Eliezer, because basically to say—because they didn’t understand.
[Rabbi Michael Abraham] They didn’t understand the revolution within which they were living. They continued looking for Torah from the mouth of their rabbi. And Rabbi Yehoshua—that’s exactly what he answers them. “A study hall cannot be without novelty.” Don’t look for it from me; you need to bring the novelties to me. And then he dances and rejoices over the great novelties they brought him. That’s exactly the point—the lesson is—
[Speaker F] To take the conception from heaven, exactly.
[Rabbi Michael Abraham] Meaning, the lesson is exactly this point: get out of the previous conception; it no longer exists. And it’s good that it no longer exists. And Rabbi Eliezer—what suddenly?—he digs himself into the previous conception, he gets angry at anyone who thinks differently, he’s bitter, he blinds whoever it is, he makes waves in the sea that drown people, the wheat is stricken—nothing. He is not willing to give in. There is a contrast here between what Rabban Gamliel said, what Rabban Gamliel did, and what Rabbi Eliezer the Great did. Okay? Now, look at the Talmudic passage in Sanhedrin. Rabbi Akiva says in the name of Rabbi Yehoshua: two people gather cucumbers; one who gathers is exempt and one who gathers is liable. It’s talking about sorcery. One who performs an act is liable; one who merely deceives the eyes is exempt. Yes, you do sorcery with cucumbers. All right? You gather cucumbers by means of magic. So if you are just creating an illusion, then you are exempt; if you actually perform an act, then you are liable. According to Maimonides, by the way, this Mishnah is difficult, because there is no difference between deceiving the eyes and performing an act, because Maimonides doesn’t believe that it’s possible—right? In his view both are just deceiving the eyes. Maimonides doesn’t believe there is such a thing; Maimonides will probably explain this as depending on how you present it. Do you present it as an act that you really did, or do you tell people, “Look, I’m a magician, I came to entertain you, but I didn’t really do it”? For Maimonides, the distinction depends on how you present the matter. According to those who disagree with him, the distinction is in what you actually do, because they claim that it really is possible to do things through sorcery. Rabbi Akiva said—well, did Rabbi Akiva really learn this from Rabbi Yehoshua? Did Rabbi Akiva really learn it from Rabbi Yehoshua? Yes, the point there is—Rabbi Akiva says this law in the name of Rabbi Yehoshua, you see that in the Mishnah? And what does it mean, in the name of Rabbi Yehoshua? The Gemara asks: didn’t he learn it not from Rabbi Yehoshua, but from Rabbi Eliezer? As it was taught—and it was taught—when Rabbi Eliezer fell ill, Rabbi Akiva and his colleagues went in to visit him. And he was sitting in his canopy, and they were sitting in his reception hall, the excommunicated one, so they were sitting a bit far from him. And that day was the eve of the Sabbath, and his son Hyrcanus came in to remove his tefillin. He rebuked him, and he went out reprimanded. He said to his colleagues, “It seems to me that my father has lost his mind.” Hyrcanus says about his father, “My father has lost his mind.” He said to them—this was the day of his death, so he already had the confusion of mind that comes with dying, right? He said to them, “His mind and his mother’s mind have lost it—how can they leave a prohibition punishable by stoning and deal with a mere rabbinic prohibition?” Never mind. Once the sages saw that his mind was settled, they entered and sat before him at a distance of four cubits. He said to them, “Why have you come?” They said to him, “We have come to learn Torah.” He said to them, “And until now why didn’t you come? I’ve been sitting here for years already, and I haven’t seen any of you. Why didn’t you come?” Because he was excommunicated, of course. So why did they come now? Good question. Apparently they understood that this was the day of his death, something like that, so they came. They said to him, “We didn’t have time.” Awkward. You alter the truth for the sake of peace. He said to them, “I would be surprised if they die a natural death.” He wasn’t born yesterday either. He understands that it’s not because they didn’t have time; rather, they won’t die a natural death. He just keeps on destroying the world, yes—the abyss born of the bitterness that accompanies him. Rabbi Akiva said to him, “And what about mine?” In the background you have to remember: Rabbi Akiva did come from time to time; the only one who did come was Rabbi Akiva, that’s stated later. “And what about mine?” He said to him, “Yours will be harsher than theirs.” He saw Rabbi Akiva’s end, that he would be burned there in sanctification of God’s name—“yours will be harsher than theirs.” He took his two arms and placed them on his heart and said, “Woe to you, my two arms, for you are like two Torah scrolls that are being rolled up.” This is Rabbi Eliezer. “I learned much Torah and taught much Torah. I learned much Torah and did not diminish from my teachers even as much as a dog lapping from the sea. And I taught much Torah, and my students diminished me only as much as a paintbrush dipped into a tube. And not only that, but I can teach three hundred laws concerning a fierce white leprous spot, and no person ever asked me about them.” I have three hundred laws about a fierce white spot, and none of you ever bothered to come learn them from me. You probably had all kinds of pilpulim there in Yavneh, where you innovated laws about a fierce white spot, like “in Ammon and Moab they tithe in the Sabbatical year.” Come ask—I have three hundred laws. “Except for Akiva ben Yosef”—he did come from time to time. I don’t know how that worked with the laws of excommunication and ban, but he did come. “Once he and I were walking on the road, and he said to me, ‘Rabbi, teach me about planting cucumbers.’ I said one thing, and the whole field filled with cucumbers.” He performed sorcery and filled the whole field with cucumbers. “And he said to me, ‘Rabbi, you taught me how to plant them; teach me how to uproot them.’ I said one thing, and they all gathered into one place.” They said to him: “The ball, the mold, the amulet, the bundle of pearls, and the small weight…” Rabbi Yehoshua stood on his feet—of course Rabbi Yehoshua was one of the visitors; he was the head of the opposing camp, the head of the revolutionaries—and said, “The vow is dissolved, the vow is dissolved.” Until now he had been ostracized, excommunicated. Now the vow was dissolved. At the conclusion of the Sabbath, Rabbi Akiva met him on the road from Caesarea to Lod; he was striking his flesh until his blood flowed to the ground because his teacher had died. His teacher was Rabbi Eliezer, though Rabbi Yehoshua had been his teacher as well. He began a lamentation over him and said: “My father, my father, the chariot of Israel and its horsemen. I have much money, but no money-changer to set it out for me,” because Rabbi Akiva did come to ask Rabbi Eliezer questions; all the others did not come. Now Rabbi Eliezer had died. For the others it changed nothing, but for Rabbi Akiva it was a real loss. Now—the Gemara returns to its original question. Up to this point, that was the story. Now the Gemara asks: apparently he learned it from Rabbi Eliezer. So what do we see? There was a story that they were walking on the road and he taught him there, with the cucumbers, the sorcery involving cucumbers. So we see that he learned this law from Rabbi Eliezer. So why does it say there in the Mishnah that Rabbi Akiva says it in the name of Rabbi Yehoshua? That is the Gemara’s question. The Gemara says: he learned the tradition from Rabbi Eliezer, but not the reasoning; then he returned and learned it from Rabbi Yehoshua, and he explained the reasoning to him. He heard this law from Rabbi Eliezer, but he didn’t understand the logic, and then he went to Rabbi Yehoshua and Rabbi Yehoshua explained the reasoning to him. Fine, that is already a different issue—the question there is how Rabbi Eliezer could do it, since it is forbidden. So for the sake of teaching, one is allowed to perform sorcery. But what do we see here beyond the answer to where Rabbi Akiva learned it from? It’s clear that Rabbi Akiva—or let’s even go before Rabbi Akiva. The Torah of—I presented the thesis and the antithesis until now in a very dichotomous way. There is a Torah of tradition and a Torah of give-and-take, but obviously Torah is some kind of combination of tradition and give-and-take. You do not invent Torah out of pure reasoning, right? You have data, you received something from Sinai, and now you use reasoning to interpret, apply, and so on, right? Clearly there is some sort of combination here. There is an extreme view like Maimonides; there is an extreme thesis and antithesis, and in order to resolve that you have to return to the middle, to the middle path, right? So there needs to be some proper mixture of a Torah of tradition and a Torah of give-and-take. That is Rabbi Akiva’s role. Rabbi Akiva learned from Rabbi Eliezer the laws that are laws given to Moses at Sinai, but he did not understand them. So Rabbi Eliezer says to him: why do you care if you don’t understand? This is the law. Do what you do—why do you need to understand? This is the law. Pass it on if you want; you can quote me by name. That’s it. But Rabbi Akiva insisted; he went to Rabbi Yehoshua in search of an explanation, and Rabbi Yehoshua explained the reasoning behind the law that we had learned from Rabbi Eliezer. And Rabbi Akiva, from our perspective, is considered the synthesis. Rabbi Eliezer is the thesis, Rabbi Yehoshua is the antithesis—Torah of tradition, Torah of give-and-take—and Rabbi Akiva is the combination of the two. I take the tradition, and with give-and-take, with interpretation, I try to understand the tradition and thereby also refine it, expand it, and so on. And that is Rabbi Akiva. Therefore, indeed, the Torah in our hands today—yes, everything is in accordance with Rabbi Akiva, right?
[Speaker F] Within tradition that is the “what,” and within the interpreters that is the “why”?
[Rabbi Michael Abraham] The “why,” and afterward also additional “whats”—meaning, you draw implications, you derive consequences from it that you did not receive through tradition.
[Speaker F] With Rabbi Akiva it sounds as though tradition has no “why,” and that’s the problem here. Right? Tradition too has a “why” that is transmitted as part of the tradition, also reasoning.
[Rabbi Michael Abraham] No, the “why” comes from us. We interpret what we received by tradition, but the products of that interpretation are added to Torah. He would say in Pirkei Avot that Torah created by human beings joins Torah. Why? Torah is the Torah of the Holy One, blessed be He; when we interpret what the Holy One, blessed be He, said, we expand this corpus called Torah.
[Speaker F] And what is Rabbi Eliezer’s position—that the “why” doesn’t interest him?
[Rabbi Michael Abraham] Rabbi Eliezer—again, of course Rabbi Eliezer also used reasoning, it’s not that he literally didn’t. This is an extreme description, but the description is meant to convey the idea. Rabbi Eliezer is the figure representing the archetype, yes, representing a Torah of pure tradition—period, I’m interested in nothing else. And Rabbi Yehoshua is give-and-take—I’m not interested in tradition. What do you mean? Both are important. Rabbi Akiva creates a synthesis between them, and therefore an anonymous Mishnah, an anonymous Gemara, an anonymous baraita—all of it is in accordance with Rabbi Akiva. Rabbi Akiva is the father of the Oral Torah. He unites these two streams that existed until his time, creates the great synthesis, and from there onward emerges all the Oral Torah we possess: a tradition of laws that we received together with give-and-take, Mishnah together with Gemara. Mishnah is more or less the things we received—there are disputes even about that—but without reasons, without give-and-take. The Gemara is interpretation, give-and-take, contradictions, difficulties, applications, expansions—that is Rabbi Yehoshua’s contribution, and that is Rabbi Eliezer’s contribution, and Rabbi Akiva is in the middle. Akiva connected the Mishnah to the Gemara; he basically created the Talmud. Of course he did not literally create the Talmud, but he created this concept of Talmud. That is what Rabbi Akiva created. There is a very interesting remark by Rav Kook in the eulogy he wrote for the Sochatchover. He sent a letter to the Sochatchover’s grandchildren—or great-grandchildren—and he wrote there that there is a contradiction in the Gemara: in one place it says that Rabbi Eliezer never said anything he had not heard from his teacher; in another place it says that he said things no ear had ever heard before. So if he never said anything he had not heard from his teacher, then how could he say things no ear had ever heard before? Rav Kook says there that Rabbi Eliezer had such an ear that he heard from his teacher things that others did not hear there. He understood within his teacher’s words things that others did not understand, but really they were there in his teacher. I often like to add to that: not only did others not understand—it was something his teacher himself did not understand. Meaning, Rabbi Eliezer heard in his teacher things that even if you had asked the teacher himself, he would not have understood. Now, that’s not just a sermon. I’m telling you this from personal experience. Anyone who has studied knows this. I studied with some Jew from Bnei Brak. What I do today is completely different from what he did. And all the foundations on which I build—I received from him. He would not agree with a single thing I say. I know, because we spoke. But that doesn’t matter; I heard it from him. A lot of it from him. And I think I’m right, not him. I interpret him better than he interprets himself. Because I think I understood between his lines things that he does not speak in this language, in this conceptual framework, so he does not think in those terms. But it’s like that interesting exchange of letters between Rabbi Yehoshua Hutner, who created the Talmudic Encyclopedia, and the Seridei Esh. The Seridei Esh writes that Rabbi Chaim is wonderful, but it is not Maimonides. Rabbi Chaim’s explanations of Maimonides are Rabbi Chaim, and he too is an important Jew, but it is not Maimonides. Meaning, Maimonides did not mean that. And Rabbi Yehoshua Hutner answers him with exactly what I’m telling you now, and I think he is right. It is Maimonides. Rabbi Chaim understands within Maimonides’ words things that even if Maimonides himself had heard them, he would have said: I disagree. And still, they are there within Maimonides’ words. Again, not always—Rabbi Chaim can also be mistaken—but on the principled level, this analytical approach was foreign to Maimonides; Maimonides did not think that way. That doesn’t matter. With that set of tools, when we analyze Maimonides’ words, we find things that are there, even if Maimonides himself was not aware of them. Intuitively, behind his conscious awareness, it is there. He carried these things without being aware of them himself. Therefore Rabbi Eliezer certainly originated many innovations, no doubt—after all, he said things no ear had ever heard before. But if you were to ask him, he would say: what do you mean? I heard it from my teacher; I never said anything I did not hear from my teacher. Because he understood that this is what his teacher meant. In other words, I did not innovate anything of my own. And I think this exists in all learning. I think anyone who studied under someone can see this. It exists in all learning: I hear from him and understand from him things I didn’t understand before, and he himself would not agree with what I understood—and still I think I am right.
[Speaker E] And another thing: it could be that they did not intend it when they said it, and the result is—no?
[Rabbi Michael Abraham] Not only the result. I mean the meaning of the thing itself, the explanation of the thing itself. The results are a consequence of the explanation. Once I understand that this is the explanation, I can also draw conclusions. But why is that the explanation? How did that suddenly become the explanation? The speaker himself will tell me that it is not correct. He does not understand. What does Frank understand in Maimonides, as the joke goes? Right.
[Speaker E] A principled question.
[Rabbi Michael Abraham] What?
[Speaker E] What prevents—after all, one of the principles is “follow the majority”?
[Rabbi Michael Abraham] What?
[Speaker E] What prevents X number of these rabbis from going in a direction that we think in advance is not correct, and they will be the majority, and then Judaism—nothing prevents it.
[Rabbi Michael Abraham] Then we will follow the incorrect direction.
[Speaker E] So what will happen to Judaism?
[Rabbi Michael Abraham] Nothing. Nothing will happen; everything is fine. It will have undergone a change as a result of incorrect interpretation. And I’ll tell you something new: in my view a large part of what we have today is exactly that—mistakes piled on top of mistakes, full of them, things the Holy One, blessed be He, never dreamed of and never intended. Perfectly fine. The Torah was given on that understanding. We make interpretations; sometimes we are wrong, sometimes we are right. We are all human beings. The majority can be wrong; there is no guarantee that the majority is always right.
[Speaker E] Fine, but that’s the situation.
[Rabbi Michael Abraham] In Jewish law, we follow the majority. You found a piece of meat in the marketplace—are you sure it is kosher? You may eat it if there are two kosher shops. It could be non-kosher, but Jewish law says we follow the majority, not because that is the correct truth, but because that is what Jewish law says. The same is true with majority in disputes.
[Speaker E] Judaism today compared to five hundred years ago?
[Rabbi Michael Abraham] Obviously—how could it not be? Obviously it is completely different. What do you mean “could be”? Of course it is different. You’re talking as though this is hypothetical. There is hardly any connection.
[Speaker F] You could take that same sharp critique against the Beit Yosef, that he relied on the Rif and Maimonides and said they are preaching to you to incline in Jewish law and rely on yourselves.
[Rabbi Michael Abraham] Maharal. Maharal, Yam Shel Shlomo, and the Maharal’s brother. Fine. You know, since I do not follow previous opinions but rather what I think, it also does not bother me that I disagree with them on this. Meaning, I am not going to decide whether to follow what people think or do not think based on the question of what people think.
[Speaker E] Does the majority determine?
[Rabbi Michael Abraham] I have novel ideas about majority too. You also do not always need to follow the majority. You need to follow your own halakhic ruling. Sometimes the ruling is determined by the majority, but not always, and in some cases not at all. And I have my own position; I do not need to obey any majority. In the Sanhedrin there is a rule that the majority determines. But if there is a majority of halakhic decisors—so what if there is a majority of halakhic decisors? I think differently. So the claim, in the end, is that “on that day” is really a period, a certain time—I don’t know, a year, a month, two months, I don’t know how long it was—in which some dramatic change of direction occurred in the development of Torah. From a Torah of tradition we moved to a Torah of give-and-take. On that day the entire tractate Eduyot was taught; all the matters that had remained unresolved were settled, or at least they gathered the different opinions, and if they could not decide, then they left the opinions side by side, as we see in the Mishnah. There is a dispute; there is not always a halakhic ruling, and that’s it, and everything is fine. And we learned to live with disputes. We are not frightened by disputes. We learned to live with disputes; that is perfectly fine. There is a Gemara in Gittin 6. The Gemara brings there—the expression “both these and those are the words of the living God” appears in two places in the Talmud. One place is in Eruvin regarding the dispute between Beit Hillel and Beit Shammai—those are usually halakhic disputes. And in Gittin it is about an aggadic dispute regarding the concubine in Gibeah: whether he found a fly on her or found a hair. That is the dispute between Rabbi Evyatar and Rabbi Yonatan. Did he find a fly or did he find a hair—what was it that made him snap there? So Rabbi Evyatar meets Elijah and says to him, “What is the Holy One, blessed be He, saying?” The Holy One, blessed be He, says: “My son Evyatar says this, and My son Yonatan says that.” He said to him, “Heaven forbid! Is there uncertainty before Heaven? Does the Holy One, blessed be He, not know what happened there—whether it was a fly or a hair? After all, this is a factual question.” So he said to him: “He found a fly and was not particular; he found a hair and was particular.” What does that mean? There was both a fly and a hair there, and the excessive anger that arose there was the result of the accumulation of the fly and the hair. So what does that mean in terms of who was right in the dispute? Both were partially right. Each one grasped a certain facet of reality, while reality—the complete whole that represents what the Holy One, blessed be He, thinks—is the combination of all those facets. That is the meaning of “both these and those are the words of the living God.” The meaning is not that both are right and that there is no halakhic truth and all that—quite the opposite. There is halakhic truth, and that halakhic truth is the combination of the viewpoints of various sages. For practical Jewish law, you need to decide which viewpoint prevails. Sometimes there is a problem in reaching a halakhic ruling, fine. But as far as truth is concerned—the question of what truth is—the truth is the collection of viewpoints. And in any case we return to our Mishnah—I really have to finish—we return to our Mishnah. All these interpretations that appear in our Mishnah were expounded on that day. Why were they on that day? Because Rabban Yohanan ben Zakkai said there is no such thing as “he received it”—right?—the ending point of tradition. And then Rabbi Akiva comes and expounds: there is such a thing. He introduces a new innovation. We did not receive it in tradition; he derives it. Boom—he changed the law. And after him, who was the second one? Rabbi Yehoshua, I think—I don’t remember who the second one was at the end of the Mishnah. Therefore it was taught on that day. It was taught on that day because only on that day did they receive legitimacy to derive innovative interpretations. Rabban Yohanan ben Zakkai said there is no such thing as “he received from his teachers”; there is no such thing as a third-degree vessel for impurity—permitted. And Rabbi Akiva comes and expounds: no, forbidden. I have a verse, I have a reason, I can derive it from a verse. Therefore it was taught on that day. The entire context of the Mishnah, the whole connection among the different interpretations that appear in the Mishnah, begins with the fact that they are all innovative interpretations that go against what had been accepted. They were all taught on that day. All right, that’s it up to here.