The Oral Talmud with Benay Lappe and Dan Libenson Episode 8

The Sages taught: There was an incident involving a student, who came before Rabbi Yehoshua. The student said to him: Is the evening prayer optional or obligatory? Rabbi Yehoshua said to him: Optional. The same student came before Rabban Gamliel and said to him: Is the evening prayer optional or obligatory? Rabban Gamliel said to him: Obligatory. The student said to Rabban Gamliel: But didn’t Rabbi Yehoshua tell me that the evening prayer is optional? Rabban Gamliel said to the student: Wait until the “masters of the shields,” a reference to the Torah scholars who battle in the war of Torah, enter the study hall, at which point we will discuss this issue. When the masters of the shields entered, the questioner stood before everyone present and asked: Is the evening prayer optional or obligatory? Rabban Gamliel said to him: Obligatory. In order to ascertain whether or not Rabbi Yehoshua still maintained his opinion, Rabban Gamliel said to the Sages: Is there any person who disputes this matter? Rabbi Yehoshua said to him: No. Rabban Gamliel said to Rabbi Yehoshua: But was it not in your name that they told me that the evening prayer is optional? Rabban Gamliel said to Rabbi Yehoshua: Yehoshua, stand on your feet and they will testify against you. Rabbi Yehoshua stood on his feet and said: If I were alive and the student were dead, the living can contradict the dead, and I could deny issuing that ruling. Now that I am alive and he is alive, how can the living contradict the living? I have no choice but to admit that I said it. In the meantime, Rabban Gamliel, as the Nasi, was sitting and lecturing, and Rabbi Yehoshua all the while was standing on his feet until all of the people assembled began murmuring and said to Ḥutzpit the disseminator: Stop conveying Rabban Gamliel’s lecture. And he stopped. The Gemara relates that in their murmuring they said: How long will Rabban Gamliel continue afflicting him? Last year on Rosh HaShana, he afflicted him; Rabban Gamliel ordered Rabbi Yehoshua to come to him carrying his staff and bag, on the day on which Yom Kippur occurred, according to Rabbi Yehoshua’s calculations. Regarding the firstborn, in the incident involving the question of Rabbi Tzadok, he afflicted him just as he did now, and forced him to remain standing as punishment for his failure to defend his differing opinion. Here too, he is afflicting him. Let us remove him from his position as Nasi. It was so agreed, but the question arose: Who shall we establish in his place? Shall we establish Rabbi Yehoshua in his place? The Sages rejected that option because Rabbi Yehoshua was party to the incident. Shall we establish Rabbi Akiva in his place? The Sages rejected that option because perhaps Rabban Gamliel would cause him to be divinely punished as he lacks the merit of his ancestors to protect him [because he descended from converts]. Rather, suggested the Sages, let us establish Rabbi Elazar ben Azarya in his place. He is wise, rich, and a tenth generation descendant of Ezra. He is wise, so if Rabban Gamliel raises a challenge in matters of Torah, he will answer it. And he is rich, so if the need arises to pay homage to the Caesar’s court, he too is able to go and pay homage. And he is a tenth generation descendant of Ezra, so he has the merit of his ancestors, and Rabban Gamliel will be unable to cause him to be punished. They came and said to him: Would the Master consent to being the Head of the Yeshiva? He said to them: I will go and consult with my household. He went and consulted with his wife. She said to him:

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 -- the day (in the early years of Rabbinic Judaism) that they removed Rabban Gamaliel from his position as the head of the academy at Yavneh and appointed Rabbi Eleazar ben Azarya in his place -- they dismissed the guard at the door, and permission was granted to the students to enter (as Rabban Gamaliel would proclaim and say, “Any student whose inside is not like his outside will not enter the study hall.”). On that day several benches were added to the study hall. 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. Rabban Gamaliel was distressed. He said: Perhaps, Heaven forbid, I have withheld the Torah from Israel. 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. It was taught: 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 even Rabban Gamliel did not avoid the study hall for even one moment. 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 even if he could be an ethnic Ammonite, there is a principle that: Anything that parts from a group parts from the majority. 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. Rabban Gamliel said to himself: Since this is the situation, 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: From the walls of your house it is apparent that you are a charcoal maker. 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. 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. But we learned: 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 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.