Two Jews, Three Opinions: Leadership, Midrash, and Rabban Gamliel

Said Rabbi Yose [ben Halafta, ca. 150 c.e.]:Originally there was no contention [mahloqet] in Israel. Rather, the court of seventy-one [members] was in the Chamber of Hewn Stone, and the other courts of twenty-three [members] were located in the towns of the Land of Israel. Two courts of three [members] were in Jerusalem, one on the Temple Mount, one on the Rampart. When a person is in need [of a ruling], he goes to the court in his town. If there is no court in his town, he goes to the town nearest to his. If they have heard [the proper ruling], they tell them, but if not, he and the most distinguished among them come to the court which is located on the Temple Mount. If they have heard [the proper ruling], they tell them, but if not, he and the most distinguished among them comes to the court located on the Rampart. If they have heard [the proper ruling], they tell them, but if not, these and those come to the court that is in the Chamber of the Hewn Stone. . . . The legal question is asked. If they have heard [the correct ruling], they tell them, but if not, they take a vote. If those who declare [the object] to be impure are in the majority, they declare [it] impure; [if] those who declare [it] to be pure are in the majority, they declare [it] pure. From there the law [halakhah] goes forth and is disseminated in Israel. When the disciples of Shammai and Hillel, who did not serve [their masters] as needed, became many, contentions increased in Israel, and they became two Torahs.

There was an incident involving Rabbi Yoḥanan ben Beroka and Rabbi Elazar ben Ḥisma, who went from Yavneh to Lod when they went to greet Rabbi Yehoshua from Peki’in. Rabbi Yehoshua said to them: What novel idea was taught today in the study hall?...He asked them: Whose week was it, i.e. who was the lecturer this week? They said to him: It was Rabbi Elazar ben Azarya’s week. He inquired: And on what subject was the lecture today? They said to him: He spoke about the portion of the mitzva of assembly. Rabbi Yehoshua persisted: And what verse did he interpret homiletically with regard to this mitzva? They said to him that Rabbi Elazar ben Azarya interpreted the following verse: “Assemble the people, the men and the women and the little ones” (Deuteronomy 31:12). This verse is puzzling: If men come to learn, and women, who might not understand, come at least to hear, why do the little ones come? They come in order for God to give a reward to those who bring them, i.e., God credits those who bring their children to the assembly.

(7) ...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.

(3) Shimon ben Azzai said: I received a tradition from the mouths of seventy-two elders on the day they appointed Rabbi Eliezer ben Azariah as [head of the] academy, that all offerings that are eaten which were not slaughtered for their own sake are valid, but they have not fulfilled the obligations of [their] owners. [This is true] except for the Passover offering and the Chattat.

(5) Rabbi Shimon ben Azzai said, "I have a received tradition from the mouths of seventy-two elders, on the day they inducted Rabbi Elazar ben Azaria into his seat [as head] at the Academy, that The Song of Songs and Ecclesiastes render the hands impure."

(1) On that day the votes were counted and they decided that a footbath holding from two logs to nine kavs which was cracked could contract midras uncleanness.

(2) On that very day they said: "All offerings which were offered not for their own sake [i.e. but rather with some other intention] are valid, only they are not counted to absolve the owners from their obligation, with the exception of the paschal offering and the sin-offering; [this is true of] the paschal offering in its [designated] time, and the sin-offering at all times.

(4) On that very day, Yehuda, an Ammonite convert, came and stood before them in the Beit Midrash, and said to them, "What is my status with regard to whether I can enter [via marriage] into the congregation [of Israel]?" Rabban Gamliel said to him, "You are prohibited." Rabbi Yehoshua said to him, "You are permitted." Rabban Gamliel said to him, "The verse says, (Deuteronomy 23:4) 'An Ammonite and a Moavite may not enter into the congregation of the Lord, even to the tenth generation,' and so forth." Rabbi Yehoshua said to him, "And are the Ammonites or Moavites still [dwelling] in their own place? Sancheriv, king of Assyria, already arose and blended all the nations, as the verse says, (Isaiah 10:13) 'I have removed the borders of nations, and I have plundered their treasures, and like a great warrior laid low the inhabitants.'" Rabban Gamliel said to him, "The verse [also] states, (Jeremiah 49:6) 'And afterwards I shall return the captives of the children of Ammon,' and they are already returned." Rabbi Yehoshua said to him, "The verse [also] states, (Amos 9:14) 'And I shall return the captives of my nation Israel,' [and Judah], and they are not yet returned." They [the Sages, subsequently] permitted him [the Ammonite convert] to enter into the congregation.

(8) Rabban Gamliel had a diagram of the different forms of the moon drawn on a tablet that hung on the wall of his attic, which he would show to the laymen who came to testify about the new moon but were unable to describe adequately what they had seen. And he would say to them: Did you see a form like this or like this? There was an incident in which two witnesses came to testify about the new moon, and they said: We saw the waning moon in the morning in the east, and that same day we saw the new moon in the evening in the west. Rabbi Yoḥanan ben Nuri said: They are false witnesses, as it is impossible to see the new moon so soon after the last sighting of the waning moon. However, when they arrived in Yavne, Rabban Gamliel accepted them as witnesses without concern. And there was another incident in which two witnesses came and said: We saw the new moon at its anticipated time, i.e., on the night of the thirtieth day of the previous month; however, on the following night, i.e., the start of the thirty-first, which is often the determinant of a full, thirty-day month, it was not seen. And nevertheless Rabban Gamliel accepted their testimony and established the New Moon on the thirtieth day. Rabbi Dosa ben Horkinas disagreed and said: They are false witnesses; how can witnesses testify that a woman gave birth and the next day her belly is between her teeth, i.e., she is obviously still pregnant? If the new moon was already visible at its anticipated time, how could it not be seen a day later? Rabbi Yehoshua said to him: I see the logic of your statement; the New Moon must be established a day later.

(9) Upon hearing that Rabbi Yehoshua had challenged his ruling, Rabban Gamliel sent a message to him: I decree against you that you must appear before me with your staff and with your money on the day on which Yom Kippur occurs according to your calculation; according to my calculation, that day is the eleventh of Tishrei, the day after Yom Kippur. Rabbi Akiva went and found Rabbi Yehoshua distressed that the head of the Great Sanhedrin was forcing him to desecrate the day that he maintained was Yom Kippur. In an attempt to console him, Rabbi Akiva said to Rabbi Yehoshua: I can learn from a verse that everything that Rabban Gamliel did in sanctifying the month is done, i.e., it is valid. As it is stated: “These are the appointed seasons of the Lord, sacred convocations, which you shall proclaim in their season” (Leviticus 23:4). This verse indicates that whether you have proclaimed them at their proper time or whether you have declared them not at their proper time, I have only these Festivals as established by the representatives of the Jewish people. Rabbi Yehoshua then came to Rabbi Dosa ben Horkinas, who said to him: If we come to debate and question the rulings of the court of Rabban Gamliel, we must debate and question the rulings of every court that has stood from the days of Moses until now. As it is stated: “Then Moses went up, and Aaron, Nadav and Avihu, and seventy of the Elders of Israel” (Exodus 24:9). But why were the names of these seventy Elders not specified? Rather, this comes to teach that every set of three judges that stands as a court over the Jewish people has the same status as the court of Moses. Since it is not revealed who sat on that court, apparently it is enough that they were official judges in a Jewish court. When Rabbi Yehoshua heard that even Rabbi Dosa ben Horkinas maintained that they must submit to Rabban Gamliel’s decision, he took his staff and his money in his hand, and went to Yavne to Rabban Gamliel on the day on which Yom Kippur occurred according to his own calculation. Upon seeing him, Rabban Gamliel stood up and kissed him on his head. He said to him: Come in peace, my teacher and my student. You are my teacher in wisdom, as Rabbi Yehoshua was wiser than anyone else in his generation, and you are my student, as you accepted my statement, despite your disagreement.