Yehuda ben Bava’s heroic but tragic death TB Avodah Zarah 9

During the Musaf liturgy of Yom Kippur, we read about the 10 martyrs the Romans murdered (https://www.sefaria.org/Machzor_Yom_Kippur_Ashkenaz%2C_Musaf_for_Yom_Kippur%2C_The_Ten_Martyrs?lang=bi). The Jewish people rebelled against Rome three times and inflicted heavy casualties before being subdued. The Romans did not want to fight a fourth war after the Bar Kokhba rebellion. Thinking that the root cause of the Jewish stubbornness is their religion, Hadrian, promulgated laws prohibiting observance and the perpetuation of Judaism. 10 famous rabbis refused to obey these draconian prohibitions and became martyrs murdered by the Romans.

Daf TB Avodah Zarah 9 tells the back story of one of the 10 martyrs, Yehuda ben Bava. The Sanhedrin had to move from the Temple court many times. The rabbis understood that these moves attenuated their ability to try certain cases like capital cases. With Gemara discussing whether the Sanhedrin has the ability to levy fines or not, we learn about Yehuda ben Bava’s heroic but tragic death.

“With regard to what halakha is it necessary to know where the Sanhedrin would convene? Rabbi Yitzḥak bar Avdimi said: It is necessary in order to say that they no longer judged cases of fines. The Gemara asks: Does it enter your mind that at this point the Sanhedrin no longer judged cases of fines? But doesn’t Rav Yehuda say that Rav says: Indeed [beram], that man will be remembered favorably, and Rabbi Yehuda ben Bava is his name, as had it not been for him the laws of fines would have been forgotten from among the Jewish people. The Gemara challenges that assertion: Would the laws of fines actually have been forgotten? Let the scholars study them, so they will not be forgotten.

“Rather, his intention was to say that the laws of fines would have ceased to be implemented from among the Jewish people, as they would not have been able to adjudicate cases involving these halakhot due to a lack of ordained judges. This is because at one time the wicked kingdom of Rome issued decrees of religious persecution against the Jewish people with the aim of abolishing the chain of ordination and the authority of the Sages. They said that anyone who ordains judges will be killed, and anyone who is ordained will be killed, and the city in which they ordain the judges will be destroyed, and the areas around the boundary of the city in which they ordain judges will be uprooted. These measures were intended to discourage the Sages from performing or receiving ordination due to fear for the welfare of the local population.

“What did Rabbi Yehuda ben Bava do? He went and sat between two large mountains, and between two large cities, and between two Shabbat boundaries: Between Usha and Shefaram, i.e., in a desolate place that was not associated with any particular city so that he would not endanger anyone not directly involved, and there he ordained five Elders, namely: Rabbi Meir, and Rabbi Yehuda, and Rabbi Shimon, and Rabbi Yosei, and Rabbi Elazar ben Shammua. And Rav Avya adds that Rabbi Neḥemya was also among those ordained.

“When their enemies discovered them, Rabbi Yehuda ben Bava said to the newly ordained rabbis: My sons, run for your lives. They said to him: Our teacher, and what will be with you? Rabbi Yehuda ben Bava was elderly and unable to run. He said to them: In any case, I am cast before them like a stone that cannot be overturned; even if you attempt to assist me I will not be able to escape due to my frailty, but if you do not escape without me you will also be killed. People said about this incident: The Roman soldiers did not move from there until they had inserted three hundred iron spears [lulniot] into his body, making his body appear like a sieve pierced with many holes. It can be inferred from this episode that there were ordained judges who could hear cases of fines for many years after the destruction of the Temple, the in contrast to Rabbi Yitzḥak bar Avdimi’s statement.” (Sefaria.org translation)