Sacrifices, Semicha & Sinai: The First Machlokes

(17) As iron sharpens iron, So a person sharpens the wit of his friend.

Rabbi Elazar said: All agree with regard to Atzeret, i.e., Shavuot, that we require that it be also “for you,” meaning that it is a mitzva to eat, drink, and rejoice on that day. Why? It is the day on which the Torah was given. Rabba said: All agree with regard to Shabbat that we require that it be also “for you.” What is the reason? Because the verse states: “If you proclaim Shabbat a delight” (Isaiah 58:13). Rav Yosef said: All agree with regard to Purim that we require that it be also “for you.” Why? As it says: “To observe them as days of feasting and gladness” (Esther 9:22).

(9) All are straightforward to the intelligent person, And right to those who have attained knowledge.

The Sages taught: How does the priest place his hands on the offering? For Kodshei Kodshim. the animal stands in the north of the courtyard and its face is to the west, and the one who is placing his hands stands to the east of the offering and his face is to the west, and he places his two hands between the two horns of the offering, provided that nothing interposes between his hands and the offering. And he confesses his sins. Over a sin-offering, he confesses the transgression for the sin-offering. And over a guilt-offering he confesses the transgression for which he is bringing the guilt-offering. And over a burnt-offering, he confesses the sin of not leaving gleanings, forgotten sheaves, and produce of the corners [pe’a], as well as not separating poor man’s tithe. This is the statement of Rabbi Yosei HaGelili.

(7) For all communal offerings there is no mitzva of placing hands, except for the bull that comes to atone for a community-wide violation of any one of the mitzvot that was perpetrated due to an erroneous ruling of the Sanhedrin (see Lev. 4:13–21); and the scapegoat brought on Yom Kippur (see Lev. ch. 16). Rabbi Shimon says: Also in the case of the goat that comes to atone for a community-wide perpetration of idol worship due to an erroneous ruling of the Sanhedrin (see Num. 15:22–26). All offerings of an individual require placing hands by the owner, except for the firstborn offering, the animal tithe offering, and the Paschal offering. The mishna adds: And if the owner died, then the heir places his hands on the offering and brings the accompanying libations. And furthermore, he can substitute a non-sacred animal for it, even though the original offering also remains sacred.

(8) Everyone who brings an animal offering places hands upon its head, except for a deaf-mute, an imbecile, a minor, a blind person, a gentile, a Canaanite slave, the agent of the owner of the offering who brings the offering on the owner’s behalf, and a woman. And the requirement of placing hands is a non-essential mitzva; therefore, failure to do so does not prevent the owner from achieving atonement. The rite of placing hands is performed by leaning on the head of the offering with two hands. And in the same location in the Temple that one places hands, one slaughters the animal. And immediately following the rite of placing hands, the slaughter is performed.

(2) Yosei ben Yo’ezer says not to place one’s hands on offerings before slaughtering them on a Festival because this is considered performing labor with an animal on a Festival. His colleague, Yosef ben Yoḥanan, says to place them; Yehoshua ben Peraḥya says not to place them; Nitai HaArbeli says to place them; Yehuda ben Tabbai says not to place them; Shimon ben Shataḥ says to place them; Shemaya says to place them; Avtalyon says not to place them. Hillel and Menaḥem did not disagree with regard to this issue. Menaḥem departed from his post, and Shammai entered in his stead. Shammai says not to place them; Hillel says to place them. The first members of each pair served as Nasi, and their counterparts served as deputy Nasi.

(3) Beit Shammai say: One may bring peace-offerings on a Festival because both the owners and the priests partake of them, but one may not place his hands on them, on the peace-offerings before sacrificing them. However, one may not bring burnt-offerings at all because they are not eaten, and labor is permitted on Festivals only for the sake of preparing food for humans. And Beit Hillel say: One may bring peace-offerings and also burnt-offerings, and one places his hands on both of them.

(2) Any act for which one is liable due to a rabbinic decree made to enhance the character of Shabbat as a day of rest [shevut]; or if it is notable because it is optional, i.e., it involves an aspect of a mitzva but is not a complete mitzva; or if it is notable because it is a full-fledged mitzva, if it is prohibited on Shabbat, one is liable for it on a Festival as well. And these are the acts prohibited by the Sages as shevut: One may not climb a tree on Shabbat, nor ride on an animal, nor swim in the water, nor clap his hands together, nor clap his hand on the thigh, nor dance. And the following are acts that are prohibited on Shabbat and are notable because they are optional, i.e., which involve an aspect of a mitzva but are not complete mitzvot: One may not judge, nor betroth a woman, nor perform ḥalitza, which is done in lieu of levirate marriage, nor perform levirate marriage. And the following are prohibited on Shabbat despite the fact that they are notable because of the full-fledged mitzva involved in them: One may not consecrate, nor take a valuation vow (see Leviticus 27), nor consecrate objects for use by the priests or the Temple, nor separate teruma and tithes from produce. The Sages spoke of all these acts being prohibited even with regard to a Festival; all the more so are they prohibited on Shabbat. The general principle is: There is no difference between a Festival and Shabbat, except for work involving preparation of food alone, which is permitted on a Festival but prohibited on Shabbat.

Initially there was no dispute in Israel except regarding semicha [laying on of hands to an animal about to be sacrificed]. Hillel and Shammai made them four [disputes]. When the disciples of Shammai and Hillel became numerous, and did not attend to their masters as much as necessary, and disputes multiplied in Israel they divided into two groups, one declaring things impure and the other declaring them pure. And this shall never return to its proper place until the arrival of the son of David. [i.e., the Messiah].

R. Chiyah citing R. Yochanan: Shevus should not be light in your eyes. Semichah [on Yom Tov] is only Shevus, and the Fathers of the World argued about it!

R. Yosah: One must press his weight [on the Korban when doing Semichah]. If not, will we say that it is forbidden to touch an animal on Yom Tov?! (Rather, the Korban supports him, and he uses the animal.)

§ Rav Shemen bar Abba said that Rabbi Yoḥanan said: A rabbinic decree [shevut] should never be taken lightly in your eyes, since placing hands on a Festival is prohibited only as a rabbinic decree, and yet the greatest scholars of each generation disputed it.

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The Gemara raises an objection from a baraita: “Speak to the children of [benei] Israel” (Lev. 1:2). And inearby: “And he shall place his hand [on the burnt-offering]” (Lev.1:4), the sons of Israel place their hands, but not the daughters. Rabbi Yosei and Rabbi Yishmael say: It is optional for the daughters of Israel to place hands. Rabbi Yosei said: The Sage Abba Elazar related to me the following incident: On one occasion, we had a calf for a peace-offering, and we brought it to the Women’s Courtyard, and women placed their hands on it--not because there is an obligation of placing hands in the case of women, but in order to please the women. Now, if it enters your mind that we require placing hands with all one’s strength, would we perform work with consecrated offerings in order to please the women? Rather, isn’t it correct to conclude from this that we do not require placing hands with all one’s strength? Actually, I could say to you that we do require placing hands with all one’s strength, but allowed women by saying to them: Ease your hands so it should not constitute work. The Gemara retorts: If so, it's not because there is an obligation to place hands in the case of women. Let him conclude it is not considered placing hands at all. Rabbi Ami said: He stated one reason and another. One reason is that it is not considered placing hands at all, as it is not full strength; and another in order to please the women.

And do Beit Shammai hold that obligatory peace-offerings do not require placing of hands? But isn’t it taught in a baraita: Rabbi Yosei said: Beit Shammai and Beit Hillel did not disagree with regard to the placing of hands itself that it is required in the case of obligatory peace-offerings. With regard to what did they argue? Whether placing hands must occur immediately before the slaughter. As Beit Shammai say: It is not necessary, and the placing hands may be performed even on the eve of the Festival. And Beit Hillel say: It is necessary, and therefore one who brings an offering on a Festival must place his hands on the Festival itself. The Gemara answers: The tanna of the mishna said what he said in accordance with the opinion of this tanna, as it is taught in a different baraita: Rabbi Yosei, son of Rabbi Yehuda, said: Beit Shammai and Beit Hillel did not disagree with regard to the halakha that immediately following placing hands on the head of an offering is its slaughter, that it is necessary. With regard to what, then, did they disagree? Whether the placing of hands itself for a peace-offering is obligatory. Beit Shammai say: It is not necessary, and Beit Hillel say: It is necessary.

§ The Gemara returns to the basic dispute between Beit Shammai and Beit Hillel. The Sages taught in a baraita: There was an incident involving Hillel the Elder, who brought his burnt-offering to the Temple courtyard in order to place his hands on the animal’s head on a Festival. The students of Shammai the Elder gathered around him and said to him: What is the nature of this animal? Hillel, being humble, concealed for the sake of peace. He said to them: It is a female, and I have brought it as a peace-offering, as burnt-offerings are always male. He swung its tail for them to hide its gender, and they departed. On that day, when the incident became known, suggesting that even Hillel had accepted Shammai’s view, Beit Shammai gained the upper hand over Beit Hillel, and they sought to establish the halakha in this regard in accordance with their opinion. But a certain Elder of the disciples of Shammai the Elder was there, and Bava ben Buta was his name, who knew that the halakha is in accordance with the opinion of Beit Hillel in this matter. And he sent for and brought all the high-quality sheep of Kedar that were in Jerusalem, and he stood them in the Temple courtyard and said: Anyone who wishes to place his hands on the head of an animal should come and place his hands there. And on that day Beit Hillel gained the upper hand over Beit Shammai, and they established the halakha in this case in accordance with their opinion, and there was no one there who disputed the matter in any way.

(4) In their days they only argued about laying of hands. There were five pairs. three of the first pairs said not to lay on hands and two of the other pairs said to lay on hands. Three were Nesi'im (princes) and two (of them) were the heads of courts. The words of R. Meir. R. Judah said Simon ben Shetah was Nasi (prince) and Judah ben Tabbai the head of the court....

Said R. Yose: Originally there were no arguments in Israel. Rather, a 71 member court sat in the chamber of hewn stone ...

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When there increased the students of Shammai and Hillel who did not properly apprentice, conflict increased in Israel and it became as though there were two Torahs.

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(1) Moses received the Torah at Sinai and transmitted it to Joshua, Joshua to the elders, and the elders to the prophets, and the prophets to the Men of the Great Assembly. They said three things: Be patient in [the administration of] justice, raise many disciples and make a fence round the Torah.

(2) Shimon the Righteous was one of the last of the men of the great assembly. He used to say: the world stands upon three things: the Torah, the Temple service, and the practice of acts of piety.

(3) Antigonus a man of Socho received [the oral tradition] from Shimon the Righteous. He used to say: do not be like servants who serve the master in the expectation of receiving a reward, but be like servants who serve the master without the expectation of receiving a reward, and let the fear of Heaven be upon you.

(4) Yose ben Yoezer (a man) of Zeredah and Yose ben Yohanan [a man] of Jerusalem received [the oral tradition] from them [i.e. Shimon the Righteous and Antigonus]. Yose ben Yoezer used to say: let thy house be a house of meeting for the Sages and sit in the very dust of their feet, and drink in their words with thirst.

(5) Yose ben Yochanan (a man) of Jerusalem used to say: Let thy house be wide open, and let the poor be members of thy household. Engage not in too much conversation with women. They said this with regard to one’s own wife, how much more [does the rule apply] with regard to another man’s wife. From here the Sages said: as long as a man engages in too much conversation with women, he causes evil to himself, he neglects the study of the Torah, and in the end he will inherit gehinnom.