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].