Dissents speak to a future age. It's not simply to say, 'My colleagues are wrong and I would do it this way.' But the greatest dissents do become court opinions and gradually over time their views become the dominant view. So that's the dissenter's hope: that they are writing not for today but for tomorrow.
(ה) וְלָמָּה מַזְכִּירִין דִּבְרֵי הַיָּחִיד בֵּין הַמְרֻבִּין, הוֹאִיל וְאֵין הֲלָכָה אֶלָּא כְדִבְרֵי הַמְרֻבִּין. שֶׁאִם יִרְאֶה בֵית דִּין אֶת דִּבְרֵי הַיָּחִיד וְיִסְמֹךְ עָלָיו, שֶׁאֵין בֵּית דִּין יָכוֹל לְבַטֵּל דִּבְרֵי בֵית דִּין חֲבֵרוֹ עַד שֶׁיִּהְיֶה גָדוֹל מִמֶּנּוּ בְחָכְמָה וּבְמִנְיָן. הָיָה גָדוֹל מִמֶּנּוּ בְחָכְמָה אֲבָל לֹא בְמִנְיָן, בְּמִנְיָן אֲבָל לֹא בְחָכְמָה, אֵינוֹ יָכוֹל לְבַטֵּל דְּבָרָיו, עַד שֶׁיִּהְיֶה גָדוֹל מִמֶּנּוּ בְחָכְמָה וּבְמִנְיָן:
(5) And why do they record the opinion of a single person among the many, when the halakhah must be according to the opinion of the many? So that if a court prefers the opinion of the single person it may depend on him. For no court may set aside the decision of another court unless it is greater than it in wisdom and in number. If it was greater than it in wisdom but not in number, in number but not in wisdom, it may not set aside its decision, unless it is greater than it in wisdom and in number.
(ו) אָמַר רַבִּי יְהוּדָה, אִם כֵּן לָמָּה מַזְכִּירִין דִּבְרֵי הַיָּחִיד בֵּין הַמְרֻבִּין לְבַטָּלָה. שֶׁאִם יֹאמַר הָאָדָם כָּךְ אֲנִי מְקֻבָּל, יֵאָמֵר לוֹ, כְּדִבְרֵי אִישׁ פְּלוֹנִי שָׁמָעְתָּ:
(6) Rabbi Judah said: “If so, why do they record the opinion of a single person among the many to set it aside? So that if a man shall say, ‘Thus have I received the tradition’, it may be said to him, ‘According to the [refuted] opinion of that individual did you hear it.’”
The Gemara comments: It was incumbent upon Zedekiah to discern between actual prophecies and false prophecies, in accordance with the statement of Rabbi Yitzḥak, as Rabbi Yitzḥak says: A prophetic vision relating to one and the same subject matter [sigenon] may appear to several prophets, but two prophets do not prophesy employing one and the same style of expression. An example of identical content expressed in different styles is the prophecy where Obadiah said: “The pride of your heart has beguiled you” (Obadiah 1:3), and Jeremiah said a similar message employing slightly different language: “Your terribleness has deceived you, even the pride of your heart” (Jeremiah 49:16). And with regard to these false prophets, from the fact that in their case all the prophets are saying their prophecies like each other, i.e., employing an identical style, conclude from it that they are saying nothing of substance and that it is a false prophecy. The Gemara asks: Perhaps Zedekiah, son of Chenaanah, did not know this statement of Rabbi Yitzḥak, and therefore should not have been held responsible? The Gemara answers: Jehoshaphat, king of Judea, was there, and he said to them that they were false prophets, as it is written: “But Jehoshaphat said: Is there not here besides a prophet of the Lord, that we might inquire of him?” (I Kings 22:7). Ahab said to him: But aren’t there all these prophets here? Why seek others? Jehoshaphat said to Ahab: This is the tradition that I received from the house of the father of my father, the house of David: A prophetic vision relating to one and the same subject matter may appear to several prophets, but two prophets do not prophesy employing one and the same style of expression. They are false prophets, as they employed the same language when stating their prophecy.
One who studies Torah from only one teacher will never see a sign of blessing (will never achieve great sucess).
"Whenever people agree with me I always feel I must be wrong"
“The court’s main trust is to repair fractures in federal law. Because the court grants review dominantly when other jurists have divided on the meaning of a statutory or constitutional prescription, the questions we take up are rarely easy; they seldom have indubitably right answers. Yet by reasoning together at our conferences and, with more depth and precision, through circulation of, and responses to, draft opinions, we ultimately agree far more often than we divide sharply. When a justice is of the firm view that the majority got it wrong, she is free to say so in dissent. I take advantage of that prerogative, when I think it important, as do my colleagues. Despite our strong disagreements on cardinal issues — think, for example, of controls on political campaign spending, affirmative action, access to abortion — we genuinely respect one another, even enjoy one another’s company. Collegiality is crucial to the success of our mission. We could not do the job the Constitution assigns to us if we didn’t — to use one of Justice Antonin Scalia’s favorite expressions — “get over it!”
Rabbi Kanhana said: A Sanhedrin, all of whose members felt that he was guilty [must] acquit him. What is the reason? We have learned that [where the vote to convict] the kidgment [in capital cases] must be delayed overnight [to give judges the opprtunity to search for a defense [for the accused], but these judges [having voted unanimously to convict] will no longer consider any basis for acquittal.
For three years, the House of Hillel and the House of Shammai argues. One said, "The Halacha is like us," and the other said, "The halacha is like us." A heavenly voice spoke: "These and these are the words of the living God, and the halacha is like the House of Hillel." A question was raised: Since the heavenly voice declared: "Both these and those are the words of the living God," why was the halacha established to follow the opinion of Hillel? It is because the students of Hillel were kind and gracious. They taught their own ideas as well as the ideas from the students of Shammai. Not only for this reason, but they went tso far as to teach Shammai's opinions first.
Beit Shammai did not, neverlethess, abstain from marrying women of the families of Beit Hillel, nor did Beit Hillel refrain from marrying those of Beit Shammai. This is to teach you that they showed love and friendship towards one another, thus putting into practice the teaching "You have love truth and peace."
Beit Shammai thrust a sword into the study house and declared: 'Whoever wants to enter may enter, but no one may leave!' On that day Hillel sat in submission before Shammai like one of the students, and it was as wretched for Israel as the day on which the (golden) calf was made.
That day was as wretched for Israel as the day on which the (golden) calf was made. It was taught in the name of Rabbi Yehoshua Oniya: The students of the School of Shammai stood below them and began to slaughter the students of the School of Hillel. It was taught: Six of them ascended and the others stood over them with swords and lances.
“Another often-asked question when I speak in public: “Do you have some good advice you might share with us?” Yes, I do. It comes from my savvy mother-in-law, advice she gave me on my wedding day. “In every good marriage,” she counseled, “it helps sometimes to be a little deaf.” I have followed that advice assiduously, and not only at home through 56 years of a marital partnership nonpareil. I have employed it as well in every workplace, including the Supreme Court. When a thoughtless or unkind word is spoken, best tune out. Reacting in anger or annoyance will not advance one’s ability to persuade.
- Rebuke only in situations that oblige you to rebuke
- Rebuke in order NOT TO HATE THE OTHER!
- Rebuke to prevent any negative feelings from festering.
