Ripped from the Headlines: The Use and Abuse of Power and Authority

(1) The daughters of Zelophehad, of Manassite family—son of Hepher son of Gilead son of Machir son of Manasseh son of Joseph—came forward. The names of the daughters were Mahlah, Noah, Hoglah, Milcah, and Tirzah.

(2) They stood before Moses, Eleazar the priest, the chieftains, and the whole assembly, at the entrance of the Tent of Meeting, and they said, (3) “Our father died in the wilderness. He was not one of the faction, Korah’s faction, which banded together against ה', but died for his own sin; and he has left no sons. (4) Let not our father’s name be lost to his clan just because he had no son! Give us a holding among our father’s kinsmen!”

(5) Moses brought their case before ה'. (6) And ה' said to Moses, (7) “The plea of Zelophehad’s daughters is just: you should give them a hereditary holding among their father’s kinsmen; transfer their father’s share to them. (8) “Further, speak to the Israelite people as follows: ‘If a householder dies without leaving a son, you shall transfer his property to his daughter. (9) If he has no daughter, you shall assign his property to his brothers. (10) If he has no brothers, you shall assign his property to his father’s brothers. (11) If his father had no brothers, you shall assign his property to his nearest relative in his own clan, who shall inherit it.’ This shall be the law of procedure for the Israelites, in accordance with ה’s command to Moses.”

(1) While Israel was staying at Shittim, the menfolk profaned themselves by whoring with the Moabite women, (2) who invited the menfolk to the sacrifices for their god. The menfolk partook of them and worshiped that god. (3) Thus Israel attached itself to Baal-peor, and ה' was incensed with Israel.

(4) ה' said to Moses, “Take all the ringleaders and have them publicly impaled before ה', so that יהוה’s wrath may turn away from Israel.”

(5) So Moses said to Israel’s officials, “Each of you slay those of his men who attached themselves to Baal-peor.”

(6) Just then a certain Israelite man came and brought a Midianite woman over to his companions, in the sight of Moses and of the whole Israelite community who were weeping at the entrance of the Tent of Meeting.

(7) When Phinehas, son of Eleazar son of Aaron the priest, saw this, he left the assembly and, taking a spear in his hand, (8) he followed the Israelite man into the chamber and stabbed both of them, the Israelite man and the woman, through the belly. Then the plague against the Israelites was checked. (9) Those who died of the plague numbered twenty-four thousand.

(4) All the elders of Israel assembled and came to Samuel at Ramah, (5) and they said to him, “You have grown old, and your sons have not followed your ways. Therefore appoint a king for us, to govern us like all other nations.”

(6) Samuel was displeased that they said “Give us a king to govern us.” Samuel prayed to the LORD,

(7) and the LORD replied to Samuel, “Heed the demand of the people in everything they say to you. For it is not you that they have rejected; it is Me they have rejected as their king. (8) Like everything else they have done ever since I brought them out of Egypt to this day—forsaking Me and worshiping other gods—so they are doing to you. (9) Heed their demand; but warn them solemnly, and tell them about the practices of any king who will rule over them.”

(10) Samuel reported all the words of the LORD to the people, who were asking him for a king.

11) He said, “This will be the practice of the king who will rule over you:

He will take your sons and appoint them as his charioteers and horsemen, and they will serve as outrunners for his chariots.

(12) He will appoint them as his chiefs of thousands and of fifties; or they will have to plow his fields, reap his harvest, and make his weapons and the equipment for his chariots.

(13) He will take your daughters as perfumers, cooks, and bakers.

(14) He will seize your choice fields, vineyards, and olive groves, and give them to his courtiers.

(15) He will take a tenth part of your grain and vintage and give it to his eunuchs and courtiers.

(16) He will take your male and female slaves, your choice young men,^-a and your asses, and put them to work for him.

(17) He will take a tenth part of your flocks, and you shall become his slaves.

(18) The day will come when you cry out because of the king whom you yourselves have chosen; and the LORD will not answer you on that day.”

(19) But the people would not listen to Samuel’s warning. “No,” they said. “We must have a king over us, (20) that we may be like all the other nations: Let our king rule over us and go out at our head and fight our battles.”

They said, "How long is [Rabban Gamaliel] going to continue heaping indignities upon [Rabbi Joshua]? Last year he slighted him on the question of the New Year; he slighted him on the question of the firstborn in the incident of R. Tsadok; and here again he has slighted him. Come, let us depose him!

Whom shall we appoint in his stead ?

Shall we appoint Rabbi Joshua ? [No;] he is a party in the incident.

Shall we appoint Rabbi Akiba ? [No;] perhaps Rabban Gamaliel will plague him because of his lack of ancestral merit.

Let us, then, appoint Rabbi Eleazar beb Azariah, for he is wise, rich, and he is of the tenth generation from Ezra. He is wise, so if anyone puts difficult questions to him, he will be able to reply to him ; and he is rich, so if it be necessary for someone to attend at the palace of the Emperor, he will be qualified to do so ; and he is of the tenth generation from Ezra, so he possesses ancestral merit and Rabban Gamaliel will not be able to worry him on that score."

They attended upon Rabbi Eleazar ben Azariah and asked him, "Would the master consent to become the head of the College?" He replied, "I will first go and take counsel with the members of my household." He went and consulted his wife, and she said to him,

"Perhaps they will soon depose thee!" He answered "[Let a man] use the cup of honour for one day, and to-morrow let it be broken."

She said to him, "Thou hast no grey hair!" That day he was eighteen years of age; but a miracle was wrought for him, and eighteen rows of hair turned grey. That is what Rabbi Eleazar ben Azariah meant when he said, "Behold I am like one seventy years old," and not "I am seventy years old." It has been taught: That same day, they removed the doorkeeper [of the College] and permission was granted to the disciples to enter; for Rabban Gamaliel had issued a proclamation: "A disciple, who is not inwardly the same as outwardly, will not be allowed to enter the House of Study." That day many benches had to be added. Rabbi Johanan said: Abba Jose ben Dostai and the Rabbis differ as to the number; one declaring four hundred benches were added, the other declaring it was seven hundred.

And this is known as the oven of akhnai. The Gemara asks: What is the relevance of akhnai, a snake, in this context? Rav Yehuda said that Shmuel said: It is characterized in that manner due to the fact that the Rabbis surrounded it with their statements like this snake, which often forms a coil when at rest, and deemed it impure.

The Sages taught: On that day, when they discussed this matter, Rabbi Eliezer answered all possible answers in the world to support his opinion, but the Rabbis did not accept his explanations from him. After failing to convince the Rabbis logically, Rabbi Eliezer said to them: If the halakha is in accordance with my opinion, this carob tree will prove it. The carob tree was uprooted from its place one hundred cubits, and some say four hundred cubits. The Rabbis said to him: One does not cite halakhic proof from the carob tree.

Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the stream will prove it. The water in the stream turned backward and began flowing in the opposite direction. They said to him: One does not cite halakhic proof from a stream.

Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the walls of the study hall will prove it. The walls of the study hall leaned inward and began to fall. Rabbi Yehoshua scolded the walls and said to them: If Torah scholars are contending with each other in matters of halakha, what is the nature of your involvement in this dispute? The Gemara relates: The walls did not fall because of the deference due Rabbi Yehoshua, but they did not straighten because of the deference due Rabbi Eliezer, and they still remain leaning.

Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, Heaven will prove it. A Divine Voice emerged from Heaven and said: Why are you differing with Rabbi Eliezer, as the halakha is in accordance with his opinion in every place that he expresses an opinion? Rabbi Yehoshua stood on his feet and said: It is written: “It is not in heaven” (Deuteronomy 30:12). The Gemara asks: What is the relevance of the phrase “It is not in heaven” in this context? Rabbi Yirmeya says: Since the Torah was already given at Mount Sinai, we do not regard a Divine Voice, as You already wrote at Mount Sinai, in the Torah: “After a majority to incline” (Exodus 23:2). Since the majority of Rabbis disagreed with Rabbi Eliezer’s opinion, the halakha is not ruled in accordance with his opinion.

The Gemara relates: Years after, Rabbi Natan encountered Elijah the prophet and said to him: What did the Holy One, Blessed be He, do at that time, when Rabbi Yehoshua issued his declaration? Elijah said to him: The Holy One, Blessed be He, smiled and said: My children have triumphed over Me; My children have triumphed over Me.

The Sages said: On that day, the Sages brought all the ritually pure items deemed pure by the ruling of Rabbi Eliezer with regard to the oven and burned them in fire, and the Sages reached a consensus in his regard and ostracized him. And the Sages said: Who will go and inform him of his ostracism?

Rabbi Akiva, his beloved disciple, said to them: I will go, lest an unseemly person go and inform him in a callous and offensive manner, and he would thereby destroy the entire world.

What did Rabbi Akiva do? He wore black and wrapped himself in black, as an expression of mourning and pain, and sat before Rabbi Eliezer at a distance of four cubits, which is the distance that one must maintain from an ostracized individual. Rabbi Eliezer said to him: Akiva, what is different about today from other days, that you comport yourself in this manner? Rabbi Akiva said to him: My teacher, it appears to me that your colleagues are distancing themselves from you. He employed euphemism, as actually they distanced Rabbi Eliezer from them. Rabbi Eliezer too, rent his garments and removed his shoes, as is the custom of an ostracized person, and he dropped from his seat and sat upon the ground. The Gemara relates: His eyes shed tears, and as a result the entire world was afflicted: One-third of its olives were afflicted, and one-third of its wheat, and one-third of its barley. And some say that even dough kneaded in a woman’s hands spoiled. The Sages taught: There was great anger on that day, as any place that Rabbi Eliezer fixed his gaze was burned.

And even Rabban Gamliel, the Nasi of the Sanhedrin at Yavne, the head of the Sages who were responsible for the decision to ostracize Rabbi Eliezer, was coming on a boat at the time, and a large wave swelled over him and threatened to drown him. Rabban Gamliel said: It seems to me that this is only for the sake of Rabbi Eliezer ben Hyrcanus, as God punishes those who mistreat others. Rabban Gamliel stood on his feet and said: Master of the Universe, it is revealed and known before You that neither was it for my honor that I acted when ostracizing him, nor was it for the honor of the house of my father that I acted; rather, it was for Your honor, so that disputes will not proliferate in Israel. In response, the sea calmed from its raging.

The Gemara further relates: Imma Shalom, the wife of Rabbi Eliezer, was the sister of Rabban Gamliel. From that incident forward, she would not allow Rabbi Eliezer to lower his head and recite the taḥanun prayer, which includes supplication and entreaties. She feared that were her husband to bemoan his fate and pray at that moment, her brother would be punished. A certain day was around the day of the New Moon, and she inadvertently substituted a full thirty-day month for a deficient twenty-nine-day month, i.e., she thought that it was the New Moon, when one does not lower his head in supplication, but it was not. Some say that a pauper came and stood at the door, and she took bread out to him. The result was that she left her husband momentarily unsupervised. When she returned, she found him and saw that he had lowered his head in prayer. She said to him: Arise, you already killed my brother.

Meanwhile, the sound of a shofar emerged from the house of Rabban Gamliel to announce that the Nasi had died. Rabbi Eliezer said to her: From where did you know that your brother would die? She said to him: This is the tradition that I received from the house of the father of my father: All the gates of Heaven are apt to be locked, except for the gates of prayer for victims of verbal mistreatment.