#7 Students of Hillel & Shammai

Herod placed a garland made of porcupine hide on Bava ben Buta’s head, which pricked his eyes out. One day Herod came and sat before him without identifying himself in order to test him. He, Herod, said: See, Master, what this evil slave Herod is doing. Bava ben Buta said to him: What should I do to him? Herod said to him: The Master should curse him. Bava ben Buta said to him: But it is written: “Do not curse the king, not even in your thoughts” (Ecclesiastes 10:20). Herod said to him: He is not a king, since he rules illegally. Bava ben Buta said to him: And even if he were merely a rich man I would not curse him, as it is written: “And do not curse a rich person in your bedchamber” (Ecclesiastes 10:20). And even were he only a leader I would not curse him, as it is written: “And you shall not curse a leader among your people” (Exodus 22:27). Herod said to him: That halakha stated with regard to “a leader among your people,” that is, to a fit Jew who acts as a member of your people, i.e., in accordance with Torah law, and this one does not do the deeds of your people. Bava ben Buta said to him: Nevertheless, I am afraid of him. Herod said to him: There is nobody who will go and tell him, since you and I are sitting here alone. Bava ben Buta said to him: Nevertheless, it is written: “For a bird of the sky shall carry the sound, and that which has wings shall tell the matter” (Ecclesiastes 10:20). Herod said to him: I am he. Had I known that the Sages were so cautious I would not have killed them. Now, what is that man’s remedy, i.e., what can I do to repent for my sinful actions? Bava ben Buta said to him: He who extinguished the light of the world by killing the Torah Sages, as it is written: “For the mitzva is a lamp, and the Torah is light” (Proverbs 6:23), should go and occupy himself with the light of the world, the Temple, as it is written with regard to the Temple: “And all the nations shall flow [venaharu] unto it” (Isaiah 2:2), the word venaharu alluding to light [nehora]. There are those who say that this is what he said to him: He who blinded the eye of the world, as it is written in reference to the Sages: “And if it be committed through ignorance by the eyes of the congregation” (Numbers 15:24), should go and occupy himself with the eye of the world, the Temple, as it is written: “I will desecrate my Temple, the pride of your strength, the delight of your eyes” (Ezekiel 24:21). Herod said to him: I am afraid of the Roman government, that they will not permit me to make changes in the Temple. Bava ben Buta said to him: Send a messenger who will travel there for a year, and remain there for another year, and take yet another year to return. In the meantime, you can demolish the Temple and rebuild it. He did so. Eventually, they sent a message to Herod from Rome: If you have not yet demolished it, do not demolish it; and if you have already demolished it, do not rebuild it; and if you have demolished it and already rebuilt it, you shall be counted among those who act wickedly, seeking counsel only after they have already acted. Even if you are armed and in command of a military force, your book, i.e., your genealogical record, is here. You are neither a king [reikha] nor the son of a king, but rather Herod the slave who has made himself a freeman [kelonya]. The Gemara explains: What is the meaning of the word reikha? It denotes royalty, as it is written: “I am today a tender [rakh] and anointed king” (II Samuel 3:39). And if you wish, say that the meaning of the word is learned from here, from the term describing Joseph after he was appointed viceroy to the king: “And they cried before him, Avrekh” (Genesis 41:43).aid:

The Sages taught in a baraita: There was an incident involving Hillel the Elder, who brought his burnt-offering to the Temple courtyard in order to place his hands on the animal’s head on a Festival. The students of Shammai the Elder gathered around him and said to him: What is the nature of this animal that you are bringing? Hillel, being humble and meek, did not want to quarrel with them in the Temple and therefore concealed the truth from them for the sake of peace. He said to them: It is a female, and I have brought it as a peace-offering, as burnt-offerings are always male. He swung its tail for them so that they would not be able to properly discern whether the animal was male or female, and they departed. On that day, when the incident became known, suggesting that even Hillel had accepted Shammai’s view, Beit Shammai gained the upper hand over Beit Hillel, and they sought to establish the halakha in this regard in accordance with their opinion. But a certain Elder of the disciples of Shammai the Elder was there, and Bava ben Buta was his name, who knew that the halakha is in accordance with the opinion of Beit Hillel in this matter. And he sent for and brought all the high-quality sheep of Kedar that were in Jerusalem, and he stood them in the Temple courtyard and said: Anyone who wishes to place his hands on the head of an animal should come and place his hands there. And on that day Beit Hillel gained the upper hand over Beit Shammai, and they established the halakha in this case in accordance with their opinion, and there was no one there who disputed the matter in any way.

When a question was asked before them, if the members of the court heard a clear halakhic ruling with regard to that matter, they would say it to them, and if not they would stand for a vote on the matter. If the judges who deemed the item in question ritually impure outnumbered those who deemed it pure, the court would deem the item impure. If the judges who deemed the item in question ritually pure outnumbered those who deemed it impure, the court would deem the item pure. From the time that the disciples of Shammai and Hillel grew in number, and they were disciples who did not attend to their masters to the requisite degree, dispute proliferated among the Jewish people and the Torah became like two Torahs. Two disparate systems of halakha developed, and there was no longer a halakhic consensus with regard to every matter.

But one who would think that the laws about which they disagree are likewise transmitted from the mouth of Moshe and they think that a disagreement occurred by way of a mistake in the laws or because one of them received the true transmission and the other made a mistake in his transmission or he forgot or he did not hear from his teacher everything he was supposed to hear – and bring [as] a proof about this, that which they said (Sanhedrin 88b), "From when the students of Shammai and Hillel – who did not serve all that was required of them – multiplied, disagreement grew in Israel and the Torah was made to be like two Torahs"; this thing is very repugnant.

(5) And these are the words of one who has no intellect and does not have the fundamental principles in his hand and who disfigures the people from which the commandments were transmitted; and all of this is emptiness and naught. And what brought him to believe this faulty belief is his lack of cognition of the words of the sages that are found in the Talmud. As they found that all of the explanation that is transmitted from the mouth of Moshe is true, but they did not [take cognizance] of the difference between the transmitted fundamentals and the topical extensions that [the sages] extrapolated by investigation.

(6) But [as for] you, a doubt should not enter your heart [about] the disagreement of the House of Shammai and the House of Hillel; when they said (Berakhot 51b – Chapter 8), "We clean the room, and afterward rinse the hands" or "we rinse the hands, and afterward clean the room" – [that] you think that [the cause of this argument is that] one of these two things was not transmitted from the mouth of Moshe from Sinai.

(7) But [rather] the basis that causes them to disagree is what is mentioned in the Talmud (Berakhot 52b); that one of them forbids being served by an ignorant person and the other permits [it]. And so [too, with] all that is similar to these disagreements, that are the elaborations of elaborations.

(8) Rather, the matter of that which they said, "From when the students of Shammai and Hillel – who did not serve all that was required of them – multiplied, disagreement grew in Israel," is evident; in that when two people are of equal intellect and investigation and knowledge of the fundamentals from which reasonings extrapolate, no disagreement will occur in their reasonings in any way. And if it does occur, it will be minimal; as it is only found that Shammai and Hillel disagreed about isolated laws.

(9) And that is because the thoughts of the two of them were very close – one to the other – in everything that they extrapolated by way of reasoning. And, likewise, the fundamentals that were given to this one, were like the fundamentals given to that one.

(10) But when the diligence of the students towards wisdom slackened and their reasoning weakened – in comparison to the reasoning of Hillel and Shammai – disagreement occurred among them in the investigation of many things; as the reasoning of each and every one of them was according to his intellect and to what he had in hand of the fundamentals.

(11) And nonetheless, they should not be blamed; as we cannot force two sages that debate in investigation, to debate according to the intellect of Yehoshua and Pinchas. And, likewise, we have no doubt about that which they debated [just] because they are not like Shammai and Hillel or like those before them; as the Holy One, blessed be He, did not command His service in this manner.

(12) But [rather] He commanded us to listen to the sages of the generation, as it is stated (Deuteronomy 17:9), "to the judge that will be in those days."

(13) And it is through these ways that disagreement occurred; not because they erred in the laws, and one is saying truth and the other is saying falsehood. And how evident is this matter to all that give cognizance to it! And how precious and great is this fundamental principle about the commandments!

(8) How was the procedure in connection with the portion read by the king?At the conclusion of the first day of the festival (Sukkot) in the eighth [year], at the end of the seventh year, they erect a wooden platform in the Temple court, and he sits upon it, as it is said, “At the end of seven years, in the set time” etc (Deuteronomy 31:10). The synagogue attendant takes a Torah scroll and hands it to the head of the synagogue, the head of the synagogue hands it to the deputy and he hands it to the high priest, and the high priest hands it to the king and the king stands and receives it, but reads it while sitting. King Agrippa stood and received it and read standing, and the sages praised him. When he reached, “You shall not place a foreigner over you” (ibid 17:15) his eyes ran with tears. They said to him, “Fear not, Agrippas, you are our brother, you are our brother!” [The king] reads from the beginning of “These are the words” (ibid 1:1) until the Shema ((ibid 6:4-9), and the Shema, and “It will come to pass if you hear” (ibid 11:13-21 the second part of the Shema), and “You shall surely tithe” (ibid 14:22-29), and “When you have finished tithing” (ibid 26:12-15) and the portion of the king (ibid 17:14-20) and the blessings and curses (ibid, until he finishes all the section. The blessings that the high priest recites, the king recites, except that he substitutes one for the festivals instead of one for the pardon of sin.

It is taught in the name of Rabbi Natan: At that moment the enemies of the Jewish people, a euphemism for the Jewish people, were sentenced to destruction for flattering Agrippa.

Rabbi Shimon ben Ḥalafta says: From the day that the power of flattery prevailed, the judgment has become corrupted, and people’s deeds have become corrupted, and a person cannot say to another: My deeds are greater than your deeds, as everyone flatters one another and people no longer know the truth. Rabbi Yehuda of the West, Eretz Yisrael, and some say Rabbi Shimon ben Pazi, taught: It is permitted to flatter wicked people in this world, as it is stated concerning the future: “The vile person shall no longer be called generous, nor shall the churl be said to be noble” (Isaiah 32:5). By inference, this indicates that in this world it is permitted to flatter them.

Rabbi Shimon ben Lakish said that this can be proven from here. Jacob said to Esau: “I have seen your face, as one sees the face of angels, and you were pleased with me” (Genesis 33:10). Jacob flattered him by comparing seeing him to seeing a divine vision. The Gemara notes: And Rabbi Shimon ben Lakish, in interpreting Jacob’s statement, disagrees with Rabbi Levi, as Rabbi Levi says: With regard to the interaction between Jacob and Esau, to what is this matter comparable? To a person who invited another to his home and the guest realized that he wants to kill him. The guest said to him: The flavor of this dish that I taste is like a dish that I tasted in the king’s house. The host then said to himself: The king must know him. Therefore, he was afraid and did not kill him. Similarly, when Jacob told Esau that his face is like the face of an angel, he intended to let him know that he had seen angels, in order to instill fear in him so that Esau would not seek to harm him. Rabbi Elazar says: Any person who has flattery in him brings wrath to the world, as it is stated: “But those with flattery in their hearts bring about wrath” (Job 36:13). And moreover, his prayer is not heard, as it is stated in that same verse: “They do not cry for help when He binds them.”

And there was another incident involving Shimon HaTzaddik, who heard a Divine Voice emerging from the House of the Holy of Holies that was saying: The decree that the enemy intended to bring against the Temple is annulled, and Gaskalgas, Caligula, has been killed and his decrees have been voided. And people wrote down that time that the Divine Voice was heard, and later found that it matched exactly the moment that Caligula was killed.

MISHNA: And these are among the halakhot that the Sages, who went up to visit him, said in the upper story of Ḥananya ben Ḥizkiya ben Garon. The precise nature of these halakhot will be explained in the Gemara. These halakhot are considered one unit because they share a distinctive element. Since many Sages were there, among them most of the generation’s Torah scholars in Eretz Yisrael, they engaged in discussion of various halakhot of the Torah. It turned out that when the people expressing opinions were counted, the students of Beit Shammai outnumbered the students of Beit Hillel, and they issued decrees with regard to eighteen matters on that day in accordance with the opinion of Beit Shammai. GEMARA: .... The Sages taught in a baraita with regard to Megillat Ta’anit, which is a list of days of redemption that were established as celebrations for generations: Who wrote Megillat Ta’anit? This scroll was written by Ḥananya ben Ḥizkiya ben Garon and his faction, who held dear the memory of the troubles that befell Israel and their salvation from them. Rabban Shimon ben Gamliel said: We also hold dear the memory of the troubles from which Israel was saved, but what can we do? If we came to write all the days of that kind, we would not manage to do so, as the troubles that Israel experienced in every generation and era are numerous, and on each day there is an event worthy of commemoration. Alternatively: Why do we not record the days of salvation from troubles? Just as a crazy person is not hurt, as he is not aware of the troubles that befall him, so too, we cannot appreciate the magnitude of the calamities that befall us. Alternatively: The flesh of a dead person does not feel the scalpel [izemel] cutting into him, and we, too, are in such a difficult situation that we no longer feel the pains and troubles. With regard to the last analogy, the Gemara asks: Is that so? Didn’t Rav Yitzḥak say: The gnawing of maggots is as excruciating to the dead as the stab of a needle is to the flesh of the living, as it is stated with regard to the dead: “But his flesh shall hurt him, and his soul mourns over him” (Job 14:22)? Rather, say and explain the matter: The dead flesh in parts of the body of the living person that are insensitive to pain does not feel the scalpel that cuts him. Rav Yehuda said that Rav said: Truly, that man is remembered for the good, and his name is Ḥananya ben Ḥizkiya, as if not for him, the book of Ezekiel would have been suppressed because its contents, in many details, contradict matters of Torah. The Sages sought to suppress the book and exclude it from the canon. What did he, Ḥananya ben Ḥizkiya, do? They brought him three hundred jugs of oil, for light and food, up to his upper story, and he sat isolated in the upper story and did not move from there until he homiletically interpreted all of those verses in the book of Ezekiel that seemed contradictory, and resolved the contradictions. We learned in the mishna that when the Sages went up to the upper story of the house of Ḥananya ben Ḥizkiya ben Garon, they were counted and issued eighteen decrees in accordance with the opinion of Beit Shammai.