Conflicting Interpretations of the Law

b. Eruvin 13b

R. Aḥa bar Ḥanina said: It is revealed and known before the One Who spoke and the world came into being that in the generation of R. Meir there was no [one who was—Ed.] his equal. Why [then] didn’t [the sages] establish the halakhah in accordance with his [opinion]? Because his colleagues were unable to ascertain the profundity of his opinion, as he [would] state with regard to [a ritually] impure [item that it is] pure, and display justification [for that ruling, and likewise he would state] with regard to [a ritually] pure [item that it is] impure, and display justification [for that ruling]. [ . . . ]

R. Abbahu said [that] R. Yoḥanan said: R. Meir had a disciple, and his name was Symmachus, 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 Yavneh who could purify the [typically impure—Ed.] creeping animal, [adducing] one hundred and fifty reasons. Ravina said: I [too] will deliberate and purify it [employing the following reasoning]: And just as a snake that kills [people and animals] and [thereby] increases ritual impurity is ritually pure, a creeping animal that does not kill and [does not] increase impurity, all the more so [should it be pure]. And it is not so; [a snake] is performing a mere act of a thorn [without intention—Ed.].

b. Sukkah 42b–43a

Why [is taking the lulav on the Sabbath prohibited—Ed.]? [After all, taking the lulav] is merely moving [the object and is only rabbinically prohibited. Since the mitzvah to take the lulav is a mitzvah by Torah law—Ed.], let it override [this relatively minor rabbinical—Ed.] Sabbath [prohibition]. Rabbah said: [This prohibition is] a decree [gezerah—Ed.] lest one take [the lulav] in his hand and go to an expert to learn [how to wave the lulav or how to recite its blessing], and [in doing so] carry it four cubits in the public domain, [thereby violating a severe Torah prohibition]. And that is the reason for [the prohibition against sounding the] shofar [on Shabbat], and that is the reason for [the prohibition against reading the] scroll [of Esther when Purim coincides with Shabbat].

b. Sanhedrin 46a

It is taught [in a baraita]: R. Eliezer ben Jacob says: I heard that the court may administer lashes and [capital] punishment, [even] when not [required] by Torah. And [they may] not [administer these punishments with the intention] of violating the statement of the Torah; rather, [they may administer these punishments] to erect a fence around the Torah. And an incident [occurred] involving one who rode a horse on Shabbat during the days of the Greeks, and they brought him to court and stoned him, not because he deserved that [punishment] but because the hour required it [as people had become lax in their observance of Shabbat]. Another incident [occurred] involving a man who engaged in intercourse with his wife [in public] under a fig tree, and they brought him to court and flogged him, not because that was fitting but because the hour required it. [People had become remiss in matters of modesty.]

b. Eruvin 14b

One who drinks water [to quench] his thirst recites [the following blessing prior to drinking]: By Whose word all things came to be. R. Tarfon says [he recites the blessing]: Who creates the many forms of life and their needs, for all that You have created. R. Ḥanan said to Abaye: What is the halakhah? He said to him: Go out [and observe] what the people are doing.

b. Berakhot 11a

An incident [is related where] R. Ishmael and R. Eleazar ben Azariah [who were both disciples of Beth Hillel] were reclining [at a meal] in one place [together with their students], and R. Ishmael was reclined [as was the customary dining position], and R. Eleazar ben Azariah was upright. When the time to recite [the evening] Shema‘ arrived, R. Eleazar reclined [to recite the Shema‘ in accordance with the opinion of Beth Shammai], while R. Ishmael [sat] upright. R. Eleazar ben Azarya said to R. Ishmael: Ishmael, my brother, [ . . . ] as long as I am upright, you are reclined, and now when I reclined, you [sat] upright.

[R. Ishmael] said to him: I acted in accordance with Beth Hillel, [according to whom one may recite the Shema‘ in any position,] while you acted in accordance with Beth Shammai [who require reclining for the evening Shema‘—Ed.]. And furthermore, [I was concerned] lest the students see [your conduct] and establish the halakhah for generations [accordingly].

Translation adapted from the Noé Edition of the Koren Talmud Bavli.

Notes

Words in brackets appear in the original translation unless otherwise noted.

Credits

From Koren Talmud Bavli, Noé Edition, trans. Adin Even-Israel Steinsaltz (Jerusalem: Koren Publishers Jerusalem, 2019). Accessed via the William Davidson digital edition, sefaria.org. Adapted with permission of Koren Publishers Ltd.

Published in: The Posen Library of Jewish Culture and Civilization, vol. 2: Emerging Judaism.

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