חדש באתר: NotebookLM עם כל תכני הרב מיכאל אברהם. דומה למיכי בוט.

Q&A: A Person Who Retracted

Back to list  |  🌐 עברית  |  ℹ About
Originally published:
This is an English translation (via GPT-5.4). Read the original Hebrew version.

A Person Who Retracted

Question

[Even if someone who is insane with respect to one matter is judged insane regarding all his statements, we hold that we do not look at the speaker.]
 
Mishnah Hullin 2:4: If he slaughtered the esophagus and severed the windpipe, etc., Rabbi Yeshvav says: it is a carcass; Rabbi Akiva says: it is a tereifah. Rabbi Yeshvav stated a principle in the name of Rabbi Yehoshua: Anything that became invalid in its slaughtering is a carcass, and anything whose slaughtering was properly done but something else caused it to become invalid [for example, one of the tereifot — Bartenura] is a tereifah. And Rabbi Akiva conceded to him. Maimonides wrote in his commentary on the Mishnah: “We do not need to explain that Rabbi Yeshvav’s principle is true, since Rabbi Akiva, who had disputed it, already conceded to him.”
א. What is the meaning of this principle that if a person retracts, then his earlier opinion is as though nonexistent? After all, Rabbi Akiva earlier was presumably no less great than Rabbi Akiva later. And if before he retracted there were two against one, then after he retracted there are three (Rabbi Yeshvav, Rabbi Yehoshua, and Rabbi Akiva later) against one (Rabbi Akiva earlier). The rule that the law follows the later authorities would seemingly apply only if a new argument is added, not if they simply decide the dispute like one side (all the more so not when it is a third-party ruling). After all, there were aspects pointing in each direction: one day it seemed one way to Rabbi Akiva and the next day another way, so what of it? It seems as though a person retracting from an opinion he held is a stronger indication that there is a mistake in that opinion than if someone else merely disagrees with it, but what is the explanation for that? [And one could go further: if Abaye and Rava were switching opinions every half hour like a game of catch, there should be nothing surprising about that. Even though in practice, even among great scholars — or especially among them — retraction from one’s view is fairly rare.]
[In column 410 and in the comments you wrote that well-formed and stable positions are an indication that the person is currently grasping the truth as it is perceived by a personality like his. I didn’t exactly understand it there, but I tucked it away in the back of my mind, and someday it will become clear. Here I’m asking it from another angle.]
 
ב. By the way: in the Mishnah there are many cases where the House of Hillel retracted and ruled in accordance with the words of the House of Shammai. [I tried searching with a somewhat clumsy search site and found one other place that documents a retraction that is not House of Shammai and House of Hillel, in Taanit 4:4: “These are the words of Rabbi Akiva.” Ben Azzai said to him: “This is how Rabbi Yehoshua would teach,” etc., and Rabbi Akiva retracted and taught like Ben Azzai. But there it seems to be a matter of a tradition in the name of Rabbi Yehoshua, unlike the Mishnah in Hullin, where from the wording it seems this is only Rabbi Yehoshua’s opinion.] But this seems a little odd. If there is no significance to the fact that someone once thought differently, then they should simply state the law without the dispute. If the goal is to document facts, that’s what Thucydides is for. And if my little search gadget is reliable, and indeed only the House of Hillel and Rabbi Akiva have documented retractions, then it is interesting why דווקא them. It is known that Jewish law was decided in accordance with the House of Hillel, and the entire foundation of the Mishnah is according to Rabbi Akiva, but that still does not explain it. After all, it is not likely that out of all the tannaim only these retracted; rather, the others’ retractions were simply not recorded.

Answer

It’s a strange question. If a person retracts, then his earlier opinion is as though nonexistent. He found an error in his earlier words, and therefore they are void. This parallels the rule that the law follows the later authorities, since the later ones saw the words of the earlier ones and not vice versa. After he retracts, he knows what he said before and what his reasons were, whereas before, he may not have known what he now thinks.
I think disputes between the House of Shammai and the House of Hillel have a different significance, because the words of the House of Shammai in the place of the House of Hillel do not carry mishnaic authority. Therefore the Talmud had an interest in showing that the House of Hillel considered the words of the House of Shammai, and at times even retracted in their favor. Especially since the heavenly voice ruled that the law follows them because they mentioned the words of the House of Shammai before their own. Perhaps they wanted to show that this was not merely politeness, but that they seriously considered the other position.
Be that as it may, it seems to me that there are quite a few more retractions, from an earlier mishnah to a later one. But at the moment I have neither an idea nor the time for how to search for them.

Discussion on Answer

Tirgitz (2021-10-11)

Where is the answer to the question? Does everyone who retracts necessarily find an error? He just retracts and comes to think like the other one. In every dispute, the sides are supposed to know the other side’s reasons (that seems to me a basic assumption, at least among tannaim and amoraim, certainly if they heard one another), so what is the problem if one of them suddenly comes to think like the other?

It seems clear and simple to me that if there is a dispute of two against two, and one of the pair on the right joins the pair on the left, that does not add any special weight to the pair on the left. No more than if from the outset there had been three against one.

Tirgitz (2021-10-11)

[By the way, regarding the House of Hillel and the House of Shammai, what you wrote is new to me — that the ruling in accordance with the House of Hillel was already in the period of the Mishnah. I had innocently thought that this was a novelty of the Talmud (the heavenly voice, and that it does not carry mishnaic authority), but I don’t actually know. Also, from the fact that they said to Rabbi Tarfon, “You would have deserved to be liable for your own life, because you transgressed the words of the House of Hillel,” it is hard to infer that there was a sweeping ruling here (among the other sages) like the House of Hillel in every place, and not only here. As for retractions of the same tanna from an earlier mishnah to a later one — documented in the Mishnah (and not in the Talmud) — I’ll try to find a way to search myself ]

השאר תגובה

Back to top button