דרכי ההלכה

The Gemara answers: Rabbi Yosei could have said to you: Moses added one day to the number of days that God commanded based on his own perception, as it was taught in a baraita: Moses did three things based on his own perception, and the Holy One, Blessed be He, agreed with him. He added one day to the days of separation before the revelation at Sinai based on his own perception. And he totally separated from his wife after the revelation at Sinai. And he broke the tablets following the sin of the Golden Calf.

The Gemara asks: With regard to what principle do they disagree? Since both Rabbi Zerika and Rabbi Abba agree that the halakha is in accordance with the opinion of Rabbi Yoḥanan ben Beroka, why did Rabbi Abba state that Rabbi Yehuda HaNasi ruled as much in an actual case? The Gemara answers: One Sage, Rabbi Zerika, holds that a ruling in principle is a preferable source for a halakha, rather than a ruling from an incident; and one Sage, Rabbi Abba, holds that a specific incident ruled upon by a Sage is a preferable source.

Ben Bag Bag said: Turn it over, and [again] turn it over, for all is therein. And look into it; And become gray and old therein; And do not move away from it, for you have no better portion than it.

shall be called a wise [ḥakim] physician, but he shall not be called rabbi, and Rabbi Yehuda HaNasi’s convalescence shall be through him. I also saw written there: Rabbi Yehuda HaNasi and Rabbi Natan are the end of the Mishna, i.e., the last of the tanna’im, the redactors of the Mishna. Rav Ashi and Ravina are the end of instruction, i.e., the end of the period of the amora’im, the redacting of the Talmud, which occurred after the period of the tanna’im.

We learned in the mishna: And one who traps other abominations is exempt. The Gemara infers: If one kills them he is liable. The Gemara asks: Who is the tanna who holds this opinion? Rabbi Yirmeya said: It is the opinion of Rabbi Eliezer, as it was taught in a baraita that Rabbi Eliezer says: One who kills lice on Shabbat is akin to one who kills a camel on Shabbat. Apparently, he is the Sage who holds that one is liable for killing any living creature. Rav Yosef strongly objects to this: Perhaps this is not so, as the Rabbis disagree with Rabbi Eliezer only with regard to lice, which do not procreate. However, with regard to other abominations and crawling things that procreate, they do not disagree with him.And fundamentally they both derived this halakhafrom the reddened ram skins used to cover the Tabernacle. Rabbi Eliezer holds that liability for killing an animal on Shabbat exists only with regard to animals like rams. Just as rams have their lives taken and die, so too, one is liable for killing any animal whose life is taken, including lice. And the Rabbis also hold that liability for killing an animal on Shabbat exists only with regard to animals like rams. Just as rams procreate, so too, one is liable for killing any creature that procreates. One is not liable for killing lice, which do not procreate. Abaye said to Rav Yosef: And lice do not procreate? Didn’t the Master say: The Holy One, Blessed be He, sits and sustains everything from the horns of wild oxen to the eggs of lice? Apparently, lice reproduce by laying eggs. Rav Yosef answered him: There is a species of insect that is called lice eggs, but lice themselves do not actually lay eggs.

In a situation where there were two Sages sitting together and one deems an item impure and the other one deems it pure, or if one deems it prohibited and the other one deems it permitted, the questioner should proceed as follows: If one of the Sages was superior to the other in wisdom and in number, one should follow his ruling, and if not, he should follow the one who rules stringently. Rabbi Yehoshua ben Korḥa says: If the uncertainty exists with regard to a Torah law, follow the one who rules stringently; if it exists with regard to a rabbinic law, follow the one who rules leniently. Rav Yosef said: The halakha is in accordance with the opinion of Rabbi Yehoshua ben Korḥa.

The Sages taught: In the case of one who asks a question of a Sage with regard to an issue of ritual impurity and the Sage rules that the item is impure, he may not ask the same question of another Sage and have him rule that it is pure. Similarly, in the case of one who asks a Sage a halakhic question and he deems it forbidden, he may not ask the question of another Sage and have him deem it permitted.