Dissent in Rabbinic Sources

§ The Gemara discusses the ruling of Rabbi Yoḥanan: From where is this matter derived? Abaye says: As the verse states: “God has spoken once, twice I have heard this; that strength belongs to God” (Psalms 62:12). Abaye explains: One verse is stated by God and from it emerge several explanations, but one explanation does not emerge from several verses. Alternatively, the school of Rabbi Yishmael taught that the verse states: “Is not My word like as fire? says the Lord; and like a hammer that breaks the rock in pieces” (Jeremiah 23:29). Just as this hammer breaks a stone into several fragments, so too, one verse is stated by God and from it emerge several explanations.

One basin of silver – corresponding to the Torah which is compared to wine, as it is stated (Proverbs 9:5), “and drink from the wine that I have mixed.” And since it is the custom of wine to be drunk form a basin, as you say (Amos 6:6), “Who drink from wine basins” – therefore, he brought “a basin that is seventy shekel of the holy shekels.” Why? Just like the numerical equivalent of wine is seventy, so too are there seventy faces to the Torah.

It is stated (Exodus 20:15), "And all the people saw the sounds (literally, voices)"...It's not written "the sound (hakol)," but rather "the sounds (hakolot)." Rabbi Yochanan teaches that When God’s voice came forth at Mount Sinai, it divided itself into seventy human languages, so that the whole world might understand it...Come and see how the voice would go out among all of Israel - each and every one according to their strength: the elders according to their strength; the young men according to their strength; the infants according to their strength; the sucklings according to their strength; the women according to their strength; and even Moshe according to his strength, as it is stated (Exodus 19:19), "Moshe would speak and God would answer him with a voice" - with a voice that He could withstand. And so [too,] it states (Psalms 29:4), "The voice of the Lord is in strength" - it is not stated, "in His strength," but rather "in strength"; in the strength of each and every one, and even the pregnant women, according to their strength. Hence one would say each and every one according to their strength.

...Another interpretation (Ecclesiastes 12:11) "The sayings of the wise are like goads, like nails fixed in prodding sticks. They were given by one Shepherd." Just as the goad directs the cow so as to bring life to the world, so too words of Torah are only life for the world, as it is said, “It is a tree of life . . .” [Proverbs 3:18]. Or, just as the goad is movable, might it be so for words of Torah? Scripture says, “And like nails firmly planted.” [Or, might (words of Torah like nails) neither diminish nor increase? Scripture says, “firmly planted.”] Just as a plant flourishes and grows, so too words of Torah flourish and grow. 'Masters of Assemblies' these are students of the wise that enter into multiple assemblies and declare what is impure [to be] impure, and what is pure [to be] pure; what is impure [to be] in its place and what is pure [to be] in its place. Perhaps it will arise in one's mind that since Beit Shammai [declares] impure and Beit Hillel [declares] pure, so-and-so prohibits and so-and-so permits, [Why] should I henceforth study Torah? Scripture teaches "words" "the words" "these are the words" [see Exodus 19:6-7] all of these words were given by "one Shepherd" [Ecclesiastes 12:11]. One God created them, one Benefactor gave them, the Master of all deeds, blessed be He, said them. Now make for your heart chambers within chambers and bring into it the words of Beit Shammai and the words of Beit Hillel, the words of those who declare impure and the words of those who declare pure.

And the Gemara stated that Rabbi Abbahu said that Rabbi Yoḥanan said: Rabbi Meir had a disciple, and his name was Sumakhus, who would state with regard to each and every matter of ritual impurity forty-eight reasons in support of the ruling of impurity, and with regard to each and every matter of ritual purity forty-eight reasons in support of the ruling of purity. It was taught in a baraita: There was a distinguished disciple at Yavne who could with his incisive intellect purify the creeping animal, explicitly deemed ritually impure by the Torah, adducing one hundred and fifty reasons in support of his argument.

Rabbi Abba said that Shmuel said: For three years Beit Shammai and Beit Hillel disagreed. These said: The halakha is in accordance with our opinion, and these said: The halakha is in accordance with our opinion. Ultimately, a Divine Voice emerged and proclaimed: Both these and those are the words of the living God. However, the halakha is in accordance with the opinion of Beit Hillel. The Gemara asks: Since both these and those are the words of the living God, why were Beit Hillel privileged to have the halakha established in accordance with their opinion? The reason is that they were agreeable and forbearing, showing restraint when affronted, and when they taught the halakha they would teach both their own statements and the statements of Beit Shammai. Moreover, when they formulated their teachings and cited a dispute, they prioritized the statements of Beit Shammai to their own statements, in deference to Beit Shammai.

The Gemara adds: And Rabbi Elazar ben Azarya also commenced his lecture and taught: It is written: “The words of the wise are as goads, and as nails well fastened are those that are composed in collections; they are given from one shepherd” (Ecclesiastes 12:11). Why are matters of Torah compared to a goad? To tell you that just as this goad directs the cow to her furrow to bring forth sustenance for life to the world, so too the words of Torah direct those who study them from the paths of death to the paths of life. The Gemara asks: If so, derive the following from that same analogy: Just as this goad is movable and not rigid, so too matters of Torah are movable in accordance with circumstance and are not permanent. Therefore, the verse states: “Nails,” which are permanent. The Gemara further asks: If so, one can explain as follows: Just as this nail is diminished in size and does not expand, as it wastes away over time, so too matters of Torah are gradually diminished and do not expand. Therefore, the verse states: “Well fastened [netuim].” Just as this plant [neti’a] flourishes and multiplies, so too matters of Torah flourish and multiply. “Those that are composed in collections [ba’alei asufot]”: These are Torah scholars who sit in many groups [asupot] and engage in Torah study. There are often debates among these groups, as some of these Sages render an object or person ritually impure and these render it pure; these prohibit an action and these permit it; these deem an item invalid and these deem it valid.

These and these are the words of the Living God. They asked the Rabbis of France z”l, how it is possible that both of them are the words of the Living God when this one prohibits and this one permits, and they answered that when Moses ascended on high to receive the Torah, on each and every saying were shown to him 49 facets to prohibit and 49 facets to permit. He asked the Holy One Blessed Be He about this and He said that it will be transmitted to the scholars of Israel in each generation and the decision will be according to them. And this is correct homiletically and there is a reason and a hidden meaning for it according to the way of truth [kabbalah].

[The meaning of] yashar is as described in the Song of Ha’azenu:
The Rock - perfect is His work, for all His paths are justice; a faithful God without injustice - righteous and yashar is He.
By praising [God as] yashar, [the Torah] acknowledges the Holy One blessed be He’s judgment to be weighed against a generation [such as those who would] live during the destruction of the Second Temple, who are described as a perverse and twisted generation. We explained [ad loc], though they were righteous and pious, toiling in Torah study, they were not upright in their societal behavior. And so due to the baseless hatred for one another residing within their hearts, they suspected anyone who was not religious in accordance with their viewpoint to be a Sadducee or heretic. [This deficiency in the Torah scholars’ character] led to rampant murder along with a transgression of all the other evils in the world, causing the Temple’s destruction. [This is how the Torah presents] the acknowledgment of God’s justice [here]: the Holy One blessed be He is yashar, being intolerant of those types of [distorted] righteous individuals. [He is only accepting] of those who act in a way that is socially yashar – unlike those who act in a perverse manner, even when their actions are performed for the sake of Heaven. As such [a deficiency] can lead to the destruction of [God’s] creation and the ruin of civilization.

§ The mishna teaches that in cases of monetary law, and likewise in the cases of ritual impurity and purity, the judges commence expressing their opinions from the greatest of the judges. Rav says: I was among the quorum of judges in the school of Rabbi Yehuda HaNasi, and they would commence from me, i.e., I was first when ascertaining the opinions of the judges. The Gemara questions this statement: But we learned in the mishna that the judges commence expressing their opinions from the greatest of the judges, and Rav was one of the junior judges of that court. Rabba, son of Rava, says, and some say that it was Rabbi Hillel, son of Rabbi Valles, who says: The counting of the vote in the court in the school of Rabbi Yehuda HaNasi is different, as all of their deliberations and the counting of the vote would commence from the side benches, where the least significant judges sit. This was because Rabbi Yehuda HaNasi was held in such high esteem that once he expressed his opinion, no one would be so brazen as to contradict him. And with regard to the greatness of Rabbi Yehuda HaNasi, Rabba, son of Rava, says, and some say that it was Rabbi Hillel, son of Rabbi Valles, who says: From the days of Moses and until the days of Rabbi Yehuda HaNasi we do not find unparalleled greatness in Torah knowledge and unparalleled greatness in secular matters, including wealth and high political office, combined in one place, i.e., in a single individual.

§ The mishna teaches that in cases of capital law, the judges commence issuing their opinions from the side benches, where the least significant judges sit. The Gemara asks: From where are these matters derived? Rav Aḥa bar Pappa says: The verse states: “Neither shall you answer in a cause [al riv]” (Exodus 23:2), and the Sages interpret: Neither shall you answer after the Master [al rav], i.e., do not dispute the opinion of the greatest among the judges. Therefore, were the judges to commence issuing their opinions from the greatest of them, and he would say that the accused is liable, no judge would acquit him.

§ Rav Kahana says: In a Sanhedrin where all the judges saw fit to convict the defendant in a case of capital law, they acquit him. The Gemara asks: What is the reasoning for this halakha? It is since it is learned as a tradition that suspension of the trial overnight is necessary in order to create a possibility of acquittal. The halakha is that they may not issue the guilty verdict on the same day the evidence was heard, as perhaps over the course of the night one of the judges will think of a reason to acquit the defendant. And as those judges all saw fit to convict him they will not see any further possibility to acquit him, because there will not be anyone arguing for such a verdict. Consequently, he cannot be convicted.