קִבְּלָן רַבָּן גַּמְלִיאֵל

(5) There was a large courtyard in Jerusalem and it was called Beit Ya'azek; it was there that all the witnesses gathered, and the court would examine them there. Large meals were made for them, in order that they be accustomed to come [and testify]. At first, they did not move from [that courtyard] all day [on Shabbat. Later,] Rabban Gamliel the Elder ordained that they would [be permitted to] go two thousand amot [a specific unit of length] on every side; and it is not only [witnesses that were given this dispensation on Shabbat], but also the midwife, who comes to deliver [a baby]; and one who comes to save [others] from a fire, or from [the attack of a hostile] troop, or from a [flood], or from under the ruins of fallen buildings; behold they are considered as inhabitants of that town [to which they arrived on Shabbat], and [hence] they have two thousand amot on every side [of the town in which they are allowed to move].

(6) How were witnesses examined? The pair that came first were examined first. [The judges] would bring in the eldest of them, and say to him: "Say [to us], how did you see the moon; was it [with the crescent turned] towards the sun, or away from the sun? To the north or to the south [of the sun]? What was its elevation and towards which side was it inclining? And how wide was it?" If he said [the crescent was turned] towards the sun, he did not say anything [of value and is dismissed]. Afterwards, they would bring in the second witness and examine him; if their words were found to match, their testimony stood [and was accepted]. And [then] all the other pairs of witnesses would be asked [questions in outline form], not because the [judges] would need them, but only that they not leave with bitter spirits, in order that they be accustomed to come [and testify in the future].

(7) The head of the court [then] said, "[The new month is] consecrated" and all the people answered after him, "Consecrated, consecrated." Whether [the new moon] had been seen at its time [meaning, on the first of the two possible days] or whether it had not been seen at its time, it was consecrated. Rabbi Eliezer bar Tsadok, said, "If it had not been seen at its time, it was not consecrated, because it had already been consecrated by the Heavens [on the second day]."

(8) Rabban Gamliel had, on a tablet, and on the walls of his loft, various drawings of the moon, which he showed to simple witnesses, and said, "Was it like this [drawing] that you saw, or like [the other one]?" It happened once, that two witnesses came and said, "We saw [the moon] in the East in the morning, and in the evening in the West." [In that case,] Rabbi Yochanan ben Nuri said, "They are false witnesses." [But] when they came to Yavneh, Rabban Gamliel accepted [their testimony. It] also [happened once that] two witnesses came and said, "We saw the moon at its time [meaning, on the first of the two possible days], but it was not [to be] seen [afterwards] on the evening of its intercalation," and Rabban Gamliel accepted [their testimony]. Rabbi Dosa ben Harkinus said, "They are false witnesses; how can they testify that a [certain] woman gave birth [on a certain day], and, on the next day that her 'womb was between her teeth' [and the fetus still inside]?" [Then] Rabbi Yehoshua said to him, "I perceive [the truth of] your words."

(9) [Upon hearing this,] Rabban Gamliel sent [Rabbi Yehoshua] word, saving, "I decree upon you to come to me with your staff and your money on the day that comes out to be Yom Kippur, according to your calculation." Rabbi Akiva went to [Rabbi Yehoshua], and found him grieving; he said to him, "I have with what to teach, that all that Rabban Gamliel has done is [bindingly] done, as it is stated (Leveticus 23:4), 'These are the feasts of the Lord, holy convocations which you shall proclaim;' whether at their [proper] time, or whether not at their [proper] time, I have no holy convocations except [for the ones proclaimed by the court." When Rabbi Yehoshua] came to Rabbi Dosa ben Harkinus, [the latter] said to him, "If we are to [question the decisions] of the court of Rabban Gamliel, we must [also question the decisions] of all the courts which have stood, from the days of Moshe until [today]; as it is stated, (Exodus 24:2), 'Moshe, Aharon, Nadav, Avihu, and seventy of the elders of Israel went up.' Why were the names of the elders not specified? Rather [it was] to teach, that every three men that form ‏a court [to be responsible] over Israel, behold [that court] is to be [considered] like the court of Moshe." [After this], Rabbi Yehoshua took his staff and his money in his hand, and went to Yavneh to Rabban Gamliel on the day that came out to be Yom Kippur, according to his calculation. [At that point], Rabban Gamliel stood up, and kissed him on his head, [and] he said to him, "Come in peace, my teacher and my disciple! My teacher — in wisdom; and my disciple — in that you accepted my words."

(1) All disqualified sanctified animals may be sold in the butcher shop, (slaughtered in the butcher shop,) and weighed against standard weights, except for the firstborn and the tithe, for their benefit [goes] to their owners. The benefit of disqualified sanctified animals goes to the Temple. Regarding a firstborn, we weigh a portion against a [non-sacred] portion.

(2) Beit Shammai say an Israelite should not join a priest [in eating a disqualified] firstborn. Beit Hillel permit it even for a non-Jew. If a firstborn is seized by [excess] blood, we do not let its blood even if it will die, according to Rabbi Yehudah. The sages say: One may let its blood, but one may not make a blemish. If one did make a blemish, one cannot slaughter it on that [basis]. Rabbi Shim'on says: One should let its blood even if he will make a blemish.

(3) If one slits the ear of a firstborn it may never be slaughtered, according to Rabbi Eli'ezer. The sages say: Once it develops another blemish it may be slaughtered on that [basis]. It once happened that a Roman official saw an old ram with its wool matted and asked: "What is with this one?" They answered: "It is a firstborn and it may not be slaughtered unless it develops a blemish." He took a dagger and slit its ear. It came before the sages, and they permitted it. Once he saw that [the sages] permitted it, he went and made slits in the ears of other firstborns, and [the sages] forbade them. It once happened that children were playing in a field, and they tied the tails of two lambs to each other. One of the tails, belonging to a firstborn, was detached. This case came before the sages and they permitted it. Once [the people] saw that [the sages] permitted it, [the people] went and tied the tails of other firstborns together, but [the sages] forbade them. This is the rule, anything intentional is forbidden, and that which is unintentional is permitted.

(4) If one is chased by a firstborn, and one kicks it and causes a blemish, one may slaughter it on that [basis]. Israelite shepherds are trusted [regarding] all blemishes which could come about by human [causation] but priests [who are] shepherds are not trusted. Rabban Shim'on ben Gamliel says: [The priest] is trusted regarding [the firstborn of] a friend but is not trusted regarding [the priest's] own. Rabbi Meir says: One who is suspected regarding something cannot judge [cases regarding] it and cannot testify [about] it.

R. Zadok had a firstling. He set down barley for it in wicker baskets of peeled willow twigs. As it was eating, its lip was slit. He23 came before R. Joshua.24 He25 said to him: ‘Have we made any difference between [a priest] who is a haber and [a priest] who is an ‘am ha-arez’? R. Joshua replied ‘Yes’.26 He thereupon came before Rabban Gamaliel. He said to him. ‘Have we made any difference between [a priest] who is a haber and a priest who is an ‘am ha-arez’? Rabban Gamaliel replied ‘No’ . 27 R. Zadok said to him: ‘But R. Joshua told me "Yes"’! He said: ‘Wait until the great debaters28 enter the Beth Hamidrash’. When they entered the Beth Hamidrash, the questioner29 arose and asked: ‘Have we made any difference between [a priest] who is a haber and one who is an ‘am ha-arez’? R. Joshua replied ‘No’.30 Thereupon Rabban Gamaliel said: ‘Was not the answer "Yes" reported to me in your name? Joshua, stand on your feet31 and let them testify against you’.32 R. Joshua stood up on his feet and said: ‘How shall I act? If indeed I were alive and he were dead, the living can contradict the dead. But since both he and I are alive, how can the living contradict the living’?33 And Rabban Gamaliel was sitting and discoursing while R. Joshua stood on his feet, until all the people murmured34 and said to Huzspith the interpreter.35 ‘Silence’.36 And he was silent.

(1) Shacharit [can be said] until midday. Rabbi Yehudah says until four hours into the day. Minchah [can be said] until the evening. Rabbi Yehudah says until the middle of the afternoon. Ma'ariv has no set time and Musaf can be said all day. Rabbi Yehudah says until seven hours into the day.

There is room for concern. Perhaps they will remove you from office just as they removed Rabban Gamliel. He said to her, based on the folk saying: Let a person use an expensive goblet one day and let it break tomorrow. In other words, one should take advantage of an opportunity that presents itself and he need not concern himself whether or not it will last. She said to him: You have no white hair, and it is inappropriate for one so young to head the Sages. The Gemara relates: That day, he was eighteen years old, a miracle transpired for him and eighteen rows of hair turned white. The Gemara comments: That explains that which Rabbi Elazar ben Azarya said: I am as one who is seventy years old and he did not say: I am seventy years old, because he looked older than he actually was. It was taught: On that day that they removed Rabban Gamliel from his position and appointed Rabbi Elazar ben Azarya in his place, there was also a fundamental change in the general approach of the study hall as they dismissed the guard at the door and permission was granted to the students to enter. Instead of Rabban Gamliel’s selective approach that asserted that the students must be screened before accepting them into the study hall, the new approach asserted that anyone who seeks to study should be given opportunity to do so. As Rabban Gamliel would proclaim and say: Any student whose inside, his thoughts and feelings, are not like his outside, i.e., his conduct and his character traits are lacking, will not enter the study hall. The Gemara relates: On that day several benches were added to the study hall to accommodate the numerous students. Rabbi Yoḥanan said: Abba Yosef ben Dostai and the Rabbis disputed this matter. One said: Four hundred benches were added to the study hall. And one said: Seven hundred benches were added to the study hall. When he saw the tremendous growth in the number of students, Rabban Gamliel was disheartened. He said: Perhaps, Heaven forbid, I prevented Israel from engaging in Torah study. They showed him in his dream white jugs filled with ashes alluding to the fact that the additional students were worthless idlers. The Gemara comments: That is not the case, but that dream was shown to him to ease his mind so that he would not feel bad. It was taught: There is a tradition that tractate Eduyyot was taught that day. And everywhere in the Mishna or in a baraita that they say: On that day, it is referring to that day. There was no halakha whose ruling was pending in the study hall that they did not explain and arrive at a practical halakhic conclusion. And even Rabban Gamliel did not avoid the study hall for even one moment, as he held no grudge against those who removed him from office and he participated in the halakhic discourse in the study hall as one of the Sages. As we learned in a mishna: On that day, Yehuda, the Ammonite convert, came before the students in the study hall and he said to them: What is my legal status in terms of entering into the congregation of Israel, i.e., to marry a Jewish woman? Rabban Gamliel said to him: You are forbidden to enter into the congregation. Rabbi Yehoshua said to him: You are permitted to enter into the congregation. Rabban Gamliel said to Rabbi Yehoshua: Wasn’t it already stated: “An Ammonite and a Moabite shall not enter into the congregation of the Lord; even to the tenth generation shall none of them enter into the congregation of the Lord forever” (Deuteronomy 23:4)? How can you permit him to enter the congregation? Rabbi Yehoshua said to Rabban Gamliel: Do Ammon and Moab reside in their place? Sennacherib already came and, through his policy of population transfer, scrambled all the nations and settled other nations in place of Ammon. Consequently, the current residents of Ammon and Moab are not ethnic Ammonites and Moabites, as it is stated in reference to Sennacherib: “I have removed the bounds of the peoples, and have robbed their treasures, and have brought down as one mighty the inhabitants” (Isaiah 10:13). And although it is conceivable that this particular convert is an ethnic Ammonite, nevertheless, there is no need for concern due to the halakhic principle: Anything that parts from a group parts from the majority, and the assumption is that he is from the majority of nations whose members are permitted to enter the congregation. Rabban Gamliel said to Rabbi Yehoshua: But wasn’t it already stated: “But afterward I will bring back the captivity of the children of Ammon, says the Lord” (Jeremiah 49:6) and they have already returned to their land? Therefore, he is an ethnic Ammonite and he may not convert. Rabbi Yehoshua said to Rabban Gamliel: That is no proof. Wasn’t it already stated in another prophecy: “And I will turn the captivity of My people Israel and they shall build the waste cities, and inhabit them; and they shall plant vineyards, and drink the wine thereof; they shall also make gardens, and eat the fruit of them” (Amos 9:14), and they have not yet returned? In rendering the ruling, only proven facts may be taken into consideration. They immediately permitted him to enter the congregation. This proves that Rabban Gamliel did not absent himself from the study hall that day and participated in the halakhic discourse. Rabban Gamliel said to himself: Since this is the situation, that the people are following Rabbi Yehoshua, apparently he was right. Therefore, it would be appropriate for me to go and appease Rabbi Yehoshua. When he reached Rabbi Yehoshua’s house, he saw that the walls of his house were black. Rabban Gamliel said to Rabbi Yehoshua in wonderment: From the walls of your house it is apparent that you are a blacksmith, as until then he had no idea that Rabbi Yehoshua was forced to engage in that arduous trade in order to make a living. Rabbi Yehoshua said to him: Woe unto a generation that you are its leader as you are unaware of the difficulties of Torah scholars, how they make a living and how they feed themselves. Rabban Gamliel said to him: I insulted you, forgive me. Rabbi Yehoshua paid him no attention and did not forgive him. He asked him again: Do it in deference to my father, Rabban Shimon ben Gamliel, who was one of the leaders of Israel at the time of the destruction of the Temple. He was appeased. Now that Rabbi Yehoshua was no longer offended, it was only natural that Rabban Gamliel would be restored to his position. They said: Who will go and inform the Sages? Apparently, they were not eager to carry out the mission that would undo the previous actions and remove Rabbi Elazar ben Azarya from his position as Nasi. This launderer said to them: I will go. Rabbi Yehoshua sent to the Sages to the study hall: The one who wears the uniform will continue to wear the uniform, the original Nasi will remain in his position so that the one who did not wear the uniform will not say to the one who wears the uniform, remove your uniform and I will wear it. Apparently, the Sages believed that this emissary was dispatched at the initiative of Rabban Gamliel and they ignored him. Rabbi Akiva said to the Sages: Lock the gates so that Rabban Gamliel’s servants will not come and disturb the Sages. When he heard what happened, Rabbi Yehoshua said: It is best if I go to them. He came and knocked on the door. He said to them with a slight variation: One who sprinkles pure water on those who are ritually impure, son of one who sprinkles water shall continue to sprinkle water. And it is inappropriate that he who is neither one who sprinkles nor son of one who sprinkles will say to one who sprinkles son of one who sprinkles: Your water is cave water and not the running water required to purify one exposed to ritual impurity imparted by a corpse and your ashes are burnt ashes and not the ashes of a red heifer. Rabbi Akiva said to him: Rabbi Yehoshua, have you been appeased? Everything we did was to defend your honor. If you have forgiven him, none of us is opposed. Early tomorrow you and I will go to Rabban Gamliel’s doorway and offer to restore him to his position as Nasi. The question arose what to do with Rabbi Elazar ben Azarya? They said: What shall we do? Remove him from his position. That is inappropriate as we learned a halakha through tradition: One elevates to a higher level of sanctity and does not downgrade. Therefore, one who was the Nasi of the Sanhedrin cannot be demoted. Let one Sage lecture one week and the other Sage one week, they will come to be jealous one of another, as they will be forced to appoint one as the acting head of the Sanhedrin. Rather, Rabban Gamliel will lecture three weeks and Rabbi Elazar ben Azarya will lecture as head of the yeshiva one week. That arrangement was adopted and that is the explanation of the exchange in tractate Ḥagiga: Whose week was it? It was the week of Rabbi Elazar ben Azarya. One final detail: That student who asked the original question that sparked this entire incident was Rabbi Shimon ben Yoḥai.