#8 Rabban Gamliel the Elder

(16) Rabban Gamaliel used to say: appoint for thyself a teacher, avoid doubt, and do not make a habit of tithing by guesswork.

(5) Rabban Gamaliel used to say: whoever does not make mention of these three things on Pesah does not fulfill his duty. And these are they: the pesah, matzah, and bitter herbs. The pesah because the Omnipresent passed over the houses of our fathers in Egypt. The matzah because our fathers were redeemed from Egypt. The bitter herb because the Egyptians embittered the lives of our fathers in Egypt.

Rav Kahana said: When Rabbi Yishmael, son of Rabbi Yosei, fell ill, the Sages sent to him: Rabbi, tell us two or three statements that you once told us in the name of your father. He sent to them: This is what my father said: One hundred and eighty years before the Temple was destroyed, the evil kingdom of Rome invaded Israel. Eighty years before the Temple was destroyed, they decreed impurity on the land of the nations and on glass vessels. Forty years before the Temple was destroyed, the Sanhedrin was exiled from the Chamber of Hewn Stones and sat in the stores on the Temple Mount. ...: That they no longer judged capital cases. The authority to impose the death penalty was stripped from the Sanhedrin, and therefore they willingly left the Chamber of Hewn Stone. Since the Sanhedrin no longer convenes in its designated place, the halakha is that it no longer has the authority to judge capital cases (Tosafot). In any case, we learned that the Sages of the last eighty years before the destruction are the ones who decreed impurity on the land of the nations. ....Hillel, and his son Shimon, and his grandson Gamliel, and his great-grandson Shimon filled their position of Nasi before the House, while the Temple was standing, for a hundred years...

It happened that a dead lizard was found in the kitchen of the royal house. Since a lizard is one of the creeping animals whose carcasses impart ritual impurity upon contact, they wanted to pronounce the entire meal ritually impure. They came and asked the king. He said to them: Go and ask the queen. They came and asked the queen. She said to them: Go and ask Rabban Gamliel to rule on the matter. They came and asked him, and he said to them: Is the kitchen hot or cold? They said to him: It is hot. He said to them: Go and pour a cup of cold liquid upon the lizard. They went and poured a cup of cold liquid on it and it quivered, demonstrating that it was still alive. That being the case, Rabban Gamliel pronounced the entire meal to be ritually pure, as a live creeping animal does not impart ritual impurity. The Gemara comments: It turns out that the king is dependent on the queen, and it turns out that the queen is dependent on Rabban Gamliel. And so it turns out that the entire royal meal is dependent upon Rabban Gamliel.

The Gemara poses a question: And is Greek wisdom prohibited? But didn’t Rav Yehuda say that Shmuel said in the name of Rabban Shimon ben Gamliel: What is the meaning of that which is written: “My eye affected my soul, due to all the daughters of my city” (Lamentations 3:51)? There were a thousand children in my father’s house, the princes’ household. Five hundred of them learned Torah, and the other five hundred learned Greek wisdom, and there only remained of them, after the bar Kokheva revolt, me, here in Eretz Yisrael, and the son of my father’s brother, who lives in Asia Minor [Asya]. The fact that Rabban Gamliel allowed half of his household to study Greek wisdom indicates that it is permitted. The Gemara answers: The members of the house of Rabban Gamliel are different, as they were close to the monarchy, and therefore had to learn Greek wisdom in order to converse with people of authority. As it is taught in a baraita (Tosefta, Shabbat 7:1): One who cuts his hair in the komi style, which was the gentile fashion of cutting and wearing the hair, is considered to be acting in the ways of the Amorites, and it is prohibited to act in their way. However, they permitted Avtolos ben Reuven to cut his hair in the komi style, as he is close to the monarchy, and similarly they permitted the house of Rabban Gamliel to study Greek wisdom, because they are close to the monarchy. §

(6) It happened that Rabbi Shimon of Mitzpah planted his field [with two different kinds] and came before Rabban Gamaliel. They both went up to the Chamber of Hewn Stone and asked [about the law]. Nahum the scribe said: I have a tradition from Rabbi Meyasha, who received it from Abba, who received it from the pairs [of sage], who received it from the prophets, a halakhah of Moses from Sinai, that one who plants his field with two species of wheat, if he makes up of it one threshing-floor, he gives only one peah, but if two threshing-floors, he gives two peahs.

(12) Yoezer, master of the temple (Ish Habirah), was one of the disciples of Bet Shammai and he said: I asked Rabban Gamaliel the elder as he was standing at the eastern gate [of the Temple], and he said: it never causes the dough to become prohibited unless there is enough to cause fermentation.

t Rabbi Yosei said: There was an incident involving my father, Ḥalafta, who went to the esteemed Rabban Gamliel of Yavne in Tiberias, where he found him sitting at the table of Yoḥanan HaNazuf and in his hand there was a translation of the book of Job, and he was reading from it. Yoḥanan said to Rabban Gamliel of Yavne: I remember Rabban Gamliel, your father’s father, who was standing on top of a step on the Temple Mount. And they brought before him a translation of the book of Job, and he said to the builder: Bury this book under the course of bricks. When he heard of that incident, Rabban Gamliel of Yavne ordered that it be buried and he buried it.

As it is taught in a baraita (Tosefta 2:6): There was an incident involving Rabban Gamliel, who was sitting on a step on the Temple Mount, and Yoḥanan, that scribe, was standing before him, and three blank documents cut from parchment and ready for writing were set before him. Rabban Gamliel said to the scribe: Take one document, and write: To our brothers, the people of the Upper Galilee, and to our brothers, the people of the Lower Galilee, may your peace increase. We are informing you that the time has come for eradication of tithes that had been separated from produce but not yet given to their designated recipients, as is to be done in the fourth and seventh years of the Sabbatical-Year cycle, to separate the tithe from the vat of olives, because most of the local olives were grown in the Galilee. Rabban Gamliel continued, instructing the scribe: And take one document, and write: To our brothers, the people of the South, meaning the area of Judea and its environs, may your peace increase. We are informing you that the time has come for eradication, to separate the tithe from the mounds of stalks of grains, because most of the local grain was grown in the Judea region. Rabban Gamliel continued to instruct the scribe: And take one document, and write: To our brothers, the people of the Diaspora in Babylonia, and to our brothers who are in Medea, and to the rest of the entire Jewish Diaspora, may your peace increase forever. We are informing you that the fledglings are tender, and the lambs are thin, and time for the spring has not come. And consequently, the matter is good before me and before my colleagues, i.e., in our estimation, and I have consequently added thirty days to this year. The third letter indicates that evidently Rabban Gamliel included others in his decision.

(5) There was a large courtyard in Jerusalem, and it was called Bet Yazek. There all the witnesses used to assemble and the court would examine them there. They would make large feasts for them there so that they would have an incentive to come. Originally they used not to leave the place the whole day, but Rabban Gamaliel decreed that they could go two thousand cubits from it in any direction. And these were not the only ones [who could go two thousand cubits in any direction], but also a midwife who has come to deliver a child, or one who comes to rescue from a fire or from bandits or from a river in flood or from a building that has fallen in all these are like residents of the town, and may go two thousand cubits [on Shabbat] in any direction.

.As Rav Kahana says: When Rabbi Yishmael, son of Rabbi Yosei, fell ill, the Sages sent the following message to him: Our teacher, tell us two or three statements that you once told us in the name of your father, Rabbi Yosei ben Ḥalafta, as we do not remember the statements precisely. Rabbi Yishmael, son of Rabbi Yosei, said to them the following statements that were passed down to him by his father: One hundred and eighty years before the Second Temple was destroyed, the evil Roman Empire stretched forth over Israel and ruled over them. Eighty years before the Temple was destroyed, the Sages decreed impurity on the land of the nations and on glass vessels. Forty years before the Temple was destroyed, the Sanhedrin was exiled from the Chamber of Hewn Stone and sat in the store near the Temple Mount... Rav Naḥman bar Yitzḥak says ... they no longer judged cases of capital law, as a court does not have the authority to hear capital cases when the Sanhedrin is not sitting in the Chamber of Hewn Stone. The Gemara explains: What is the reason that the members of the Sanhedrin ceased to meet in their proper place and thereby ended the adjudication of capital cases? Once they saw that the murderers were so numerous and they were not able to judge them and punish them with death, they said: It is better that we should be exiled from the Chamber of Hewn Stone and move from place to place, so that offenders will not be deemed liable to receive the death penalty in a time period when the court does not carry out their sentences. The Gemara explains why a court may not adjudicate capital cases once the Sanhedrin has left the Chamber of Hewn Stone. As it is written: “And you shall do according to the tenor of the sentence, which they shall declare to you from that place” (Deuteronomy 17:10). This verse teaches that it is the place where the Sanhedrin resides that causes the judgment to take place. In other words, if the Sanhedrin has abandoned its proper place, the Chamber of Hewn Stone, all courts must cease judging capital cases.

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(2) Originally, a husband would bring together a court wherever he was and annul the get. Rabban Gamaliel the Elder established that this should not be done, because of “tikkun olam”. Originally the husband would change his name, or his wife’s name, or the name of his town or of his wife’s town. Rabban Gamaliel the Elder established that he should write, “The man so-and-so or any name that he has,”; “the woman so-and-so or any name that she has,” because of “tikkun olam.”

(3) A widow is paid back [her kethubah] from the property of orphans only by taking an oath. [When the court] refrained from imposing an oath on her, Rabban Gamaliel the Elder established that she could take any vow which the orphans wanted and collect her kethubah. Witnesses sign their names on a get because of tikkun olam. Hillel instituted the prosbul because of tikkun olam.

Rabban Gamliel said: They instituted a great ordinance that the witnesses must specify their full names on bills of divorce, stating that they are so-and-so, son of so-and-so, and other identifying features, for the betterment of the world. This made it possible to easily clarify who the witnesses were and to ratify the bill of divorce by finding acquaintances of the witnesses who recognized their signatures. ... § The mishna taught that Hillel the Elder instituted a document that prevents the Sabbatical Year from abrogating an outstanding debt [prosbol]. We learned in a mishna there (Shevi’it 10:3): If one writes a prosbol, the Sabbatical Year does not abrogate debt. This is one of the matters that Hillel the Elder instituted because he saw that the people of the nation were refraining from lending to one another around the time of the Sabbatical Year, as they were concerned that the debtor would not repay the loan, and they violated that which is written in the Torah: “Beware that there be not a base thought in your heart, saying: The seventh year, the year of release, is at hand; and your eye be evil against your needy brother, and you give him nothing” (Deuteronomy 15:9). He arose and instituted the prosbol so that it would also be possible to collect those debts in order to ensure that people would continue to give loans. And this is the essence of the text of the prosbol: I transfer to you, so-and-so the judges, who are in such and such a place, so that I will collect any debt that I am owed by so-and-so whenever I wish, as the court now has the right to collect the debts. And the judges or the witnesses sign below, and this is sufficient. The creditor will then be able to collect the debt on behalf of the court, and the court can give it to him. The Gemara asks about the prosbol itself: But is there anything like this, where by Torah law the Sabbatical Year cancels the debt but Hillel instituted that it does not cancel the debt? Abaye said: The baraita is referring to the Sabbatical Year in the present, and it is in accordance with the opinion of Rabbi Yehuda HaNasi. As it is taught in a baraita that Rabbi Yehuda HaNasi says: The verse states in the context of the cancellation of debts: “And this is the manner of the abrogation: He shall abrogate” (Deuteronomy 15:2). The verse speaks of two types of abrogation: One is the release of land and one is the abrogation of monetary debts. Since the two are equated, one can learn the following: At a time when you release land, when the Jubilee Year is practiced, you abrogate monetary debts; at a time when you do not release land, such as the present time, when the Jubilee Year is no longer practiced, you also do not abrogate monetary debts. And the Sages instituted that despite this, the Sabbatical Year still will abrogate debt in the present, in remembrance of the Torah-mandated Sabbatical Year. Hillel saw that the people of the nation refrained from lending to each other so he arose and instituted the prosbol. According to this explanation, the ordinance of Hillel did not conflict with a Torah law; rather, he added an ordinance to counter the effect of a rabbinic law. According to this explanation, the Sages instituted that even in the present the Sabbatical Year would bring a cancellation of debt, despite the fact that by Torah law the debt still stands. The Gemara asks: But is there anything like this, where by Torah law the Sabbatical Year does not cancel the debt, and the Sages instituted that it will cancel? It is as though the Sages are instructing the debtors to steal from their creditors, as by Torah law they still owe the money. Abaye says: This is not actual theft; it is an instruction to sit passively and not do anything. The Sages have the authority to instruct one to passively violate a Torah law, so long as no action is taken. Rava says: The Sages are able to institute this ordinance because property declared ownerless by the court is ownerless. As Rabbi Yitzḥak says: From where is it derived that property declared ownerless by the court is ownerless? As it is stated: “And whoever did not come within three days according to the counsel of the princes and the Elders, all of his property shall be forfeited, and he shall be separated from the congregation of the captivity” (Ezra 10:8). Rabbi Eliezer said: The halakha that property declared ownerless by the court is ownerless is derived from here: The verse states: “These are the inheritances, which Eleazar the priest, and Joshua the son of Nun, and the heads of the fathers’ houses of the tribes of the children of Israel distributed for inheritance” (Joshua 19:51). The Gemara asks: What do the heads have to do with the fathers? It comes to tell you: Just as fathers transmit anything that they wish to their children, so too, heads of the nation transmit to the people anything that they wish. This demonstrates that the court has the authority to take property from one person and to give it to another; therefore, the Sages have the authority to decide that all debts are canceled. ... The Gemara asks: What is the meaning of the word prosbol? Rav Ḥisda said: An ordinance [pros] of bulei and butei.

(7) Rabbi Akiva said: When I went down to Nehardea to intercalate the year, I met Nehemiah of Bet D’li who said to me, “I heard that in the land of Israel no one, permits a [married] woman to marry again on the evidence of one witness, except Rabbi Judah ben Bava”. “That is so”, I told him. He said to me, “Tell them in my name: ‘You know that this country is in confusion because of marauders. I have received a tradition from Rabban Gamaliel the Elder: that they allow a [married] woman to remarry on the evidence of one witness’”. And when I came and recounted the conversation in the presence of Rabban Gamaliel he rejoiced at my words and exclaimed, “We have found a match for Rabbi Judah ben Bava!” As a result of this talk Rabban Gamaliel remembered that some men were once killed at Tel Arza, and that Rabban Gamaliel the Elder had allowed their wives to marry again on the evidence of one witness, and the law was established that they allow a woman to marry again on the evidence of one witness, and on the testimony of one [who states that he has heard] from another witness, from a slave, from a woman or from a female slave.

He said to him: The case of sit and refrain from action [shev ve’al ta’aseh] is different. In other words, the Sages can uproot a Torah mitzva by instructing one to sit and refrain from action, i.e., to remain passive and do nothing. They cannot, however, uproot a mitzva by telling him to perform an action.

The Gemara asks: And is there anything that by Torah law is not a valid bill of divorce, but due to a rabbinic decree we permit a married woman to marry anyone, even though by Torah law she remains married to her husband? Both Rabba and Rava agree that by Torah law the bill of divorce is nullified once the husband is healed from his illness, yet they treat the bill of divorce as valid. How can this be? The Gemara answers: Yes, the Sages have the ability to nullify even a marriage that took effect by Torah law, because anyone who betroths a woman betroths her contingent upon the will of the Sages, and when one fails to conform to their will in matters of marriage and divorce the Sages expropriated his betrothal from him retroactively. Consequently, it is permitted for the woman to remarry. Ravina said to Rav Ashi: This works out well in a case where he betrothed his wife with money, as it is possible to say that the Sages expropriated the money used for the betrothal from the possession of its owner, resulting in a retroactive cancellation of the betrothal. But if he betrothed her by means of sexual intercourse then what is there to say? Rav Ashi said to him: The Sages declared his sexual intercourse to be licentious sexual intercourse, which does not create a bond of betrothal. §

(15) When Rabbi Meir died, the composers of fables ceased. When Ben Azzai died, the diligent students [of Torah] ceased. When Ben Zoma died, the expounders ceased. When Rabbi Joshua died, goodness ceased from the world. When Rabban Shimon ben Gamaliel died, locusts come and troubles multiplied. When Rabbi Elazar ben Azaryah died, the sages ceased to be wealthy. When Rabbi Akiba died, the glory of the Torah ceased. When Rabbi Hanina ben Dosa died, men of wondrous deeds ceased. When Rabbi Yose Katnuta died, the pious men (hasidim) ceased and why was his name called Katnuta? Because he was the youngest of the pious men. When Rabban Yohanan ben Zakkai died, the splendor of wisdom ceased. When Rabban Gamaliel the elder died, the glory of the torah ceased, and purity and separateness perished. When Rabbi Ishmael ben Fabi died, the splendor of the priesthood ceased. When Rabbi died, humility and fear of sin ceased. Rabbi Phineas ben Yair says: when Temple was destroyed, scholars and freemen were ashamed and covered their head, men of wondrous deeds were disregarded, and violent men and big talkers grew powerful. And nobody expounds, nobody seeks, and nobody asks. Upon whom shall we depend? Upon our father who is in heaven. Rabbi Eliezer the Great says: from the day the Temple was destroyed, the sages began to be like scribes, scribes like synagogue-attendants, synagogue-attendants like common people, and the common people became more and more debased. And nobody seeks. Upon whom shall we depend? Upon our father who is in heaven. In the footsteps of the messiah insolence (hutzpah) will increase and the cost of living will go up greatly; the vine will yield its fruit, but wine will be expensive; the government will turn to heresy, and there will be no one to rebuke; the meeting-place [of scholars] will be used for licentiousness; the Galilee will be destroyed, the Gablan will be desolated, and the dwellers on the frontier will go about [begging] from place to place without anyone to take pity on them; the wisdom of the learned will rot, fearers of sin will be despised, and the truth will be lacking; youths will put old men to shame, the old will stand up in the presence of the young, “For son spurns father, daughter rises up against mother, daughter-in-law against mother-in-law a man’s own household are his enemies” (Micah 7:6). The face of the generation will be like the face of a dog, a son will not feel ashamed before his father. Upon whom shall we depend? Upon our father who is in heaven. Rabbi Pinchas ben Yair says, “Heedfulness leads to cleanliness, cleanliness leads to purity, purity leads to separation, separation leads to holiness, holiness leads to modesty, modesty leads to fear of sin, fear of sin leads to piety, piety leads to the Holy Spirit, The Holy Spirit leads to the resurrection of the dead, and the resurrection of the dead comes from Elijah, blessed be his memory, Amen.”

the Sages taught: From the days of Moses until the time of Rabban Gamliel, they would study Torah only while standing, as learning from one’s teacher is comparable to receiving the Torah at Sinai, during which the Jewish people stood. When Rabban Gamliel died, weakness descended to the world, and they would study Torah while sitting. And this is as we learned in a mishna (Sota 49a): When Rabban Gamliel died, honor for the Torah ceased, as standing while learning is an expression of honor for the Torah.

Initially, the funeral expenditures for the deceased were more taxing for his relatives than his death, as the burials were opulent, until it reached a point where people would abandon the deceased and flee. This continued until Rabbi Gamliel came and conducted himself in a self-deprecatory manner, instructing the people that they were to take him for burial in plain linen garments. And all the people conducted themselves following his example, and instructed their families to take them for burial in plain linen garments. Rav Pappa said: And today, everyone is accustomed to bury the dead in plain garments, even in rough cloth [tzerada] worth one zuz.