Thursday, December 10, 2020

It’s okay that teachers and students disagree TB Pesakhim 19

Rabbi Akiva was one of the leading tannaim during the second half of the first century CE. He was born in the year 50 CE and died in the year 135 CE. After the failed Bar Kokhba revolt against Rome, Rome forbad Judaism to be practiced and the teaching and studying of Torah on pain of death. Rabbi Akiva was one of the 10 martyrs who disobeyed the Romans and died a most horrible death. We read about this tragedy every year during the Yom Kippur Musaf service in the section called Martyrdom.

Rabbi Akiva had five important disciples with Rabbi Yosei being one of them. Rabbi Yosei and his colleagues were nicknamed “The restorers of the law.” Rabbi Yossi fled to Asia Minor while the Roman edict was in force and only returned when it was revoked. He is the fifth most frequently tanna mentioned in the Mishna.

One might think that disciples could not deviate from their master’s teachings, but Judaism promotes intellectual freedom and not dogmatic following. Beginning on yesterday’s daf and concluding on today’s daf TB Pesakhim 19 explains that Rabbi Akiva and Rabbi Yosei disagree on two points.

Ravina said to Rav Ashi: But didn’t Rava say that Rabbi Yosei does not hold in accordance with the opinion of Rabbi Akiva with regard to the third-degree ritual impurity status of non-sacred items? Contrary to the opinion of Rabbi Akiva, Rabbi Yosei maintains that an item with second-degree ritual impurity does not confer third-degree impurity status upon non-sacred items by Torah law.

And similarly, Rabbi Akiva does not hold in accordance with the opinion of Rabbi Yosei with regard to the fourth-degree impurity of consecrated property. The relevance of these observations to the issue at hand is that if Rabbi Yosei maintains that the impurity of liquids is by Torah law, he evidently interprets the verse as: Yetamme, just as Rabbi Akiva does. However, in that case, he would also hold that second-degree ritual impurity confers upon another non-sacred item third-degree impurity status, as that halakha is also derived from the term: Yetamme. (Sefaria.org translation)

Rabbi Yosei disagrees with Rabbi Akiva concerning hullin (חולין). He holds that non-sacred items that are a sheni letumah (שני לטומאה) cannot contaminate something else to become a shlish letumah (שלישי לטומאה). He doesn’t subscribe to Rabbi Akiva’s explanation of a verse in Torah. “As we learned in a mishna: On that day, when they appointed Rabbi Elazar ben Azarya the Nasi, Rabbi Akiva taught: “And every earthenware vessel into which any of them falls, whatever is in it shall be impure [yitma], and you shall break it” (Leviticus 11:33). The verse does not say: It is impure [tameh]; rather, it says: It shall be impure [yitma], indicating that an item in an impure earthenware vessel transmits impurity to other items. This verse teaches about a loaf with second-degree ritual impurity status, i.e., ritual impurity imparted through contact with a vessel impurified by a creeping animal, that the loaf renders other items impure with third-degree ritual impurity, even non-sacred items.” TB Pesakhim 18a, Sefaria.org translation)

Rabbi Akiva doesn’t accept Rabbi Yosei’s kal vekhomer (קל וחומר) because it will force him into the untenable position of saying that sacrifices can become a fifth level (hamishi letuma- חמישי לטומאה) of ritual unreadiness. From a Mishna in Ediyot, Rabbi Akiva teaches that the lowest level of ritual unreadiness sacrifices is a fourth level (revii letumah-רביעי לטומאה) “Rav Ashi, and some say it was Rav Kahana, left the study hall to examine this matter. He analyzed the issue and found proof positive that Rabbi Akiva does not hold that there is fifth-degree impurity with regard to consecrated items. He proved this from that which we learned in a Mishna (and the Gemara immediately proves that Rabbi Akiva is the author of this Mishna): A vessel joins that which is in it into a single unit. For example, if there are fruits in a vessel between which there is no contact and one of them became ritually impure, all of the fruits are impure, as they are joined by the vessel. This principle applies with regard to consecrated property, but not with regard to teruma. And the fourth degree of impurity disqualifies consecrated items but does not transmit impurity, while third-degree impurity disqualifies teruma. (Sefaria.org translation)

As long as we seek the truth when we disagree by backing up our opinion with proof and respectfully, we increase peace in our world. “Rabbi Elazar said that Rabbi Ḥanina said: Torah scholars increase peace in the world, as it is said: “And all your children [banayikh] shall be taught of the Lord, and great shall be the peace of your children” (Isaiah 54:13). If all the children of Israel are taught of the Lord, there will be peace for all. The Sages interpreted this verse homiletically: Do not read your children [banayikh], but your builders [bonayikh]. Torah scholars are those who build peace for their generation. As it is stated: “Those who love Your Torah have great peace; there is no stumbling block for them” (Psalms 119:165); and “May there be peace within your walls, prosperity within your palaces” (Psalms 122:7), because: “For the sake of my brothers and friends, I shall say: Peace be within you. For the sake of the House of the Lord, our God, I will seek your good” (Psalms 122:8–9), and “May the Lord give strength to His people; the Lord will bless His people with peace” (Psalms 29:11).” (TB Berakhot 64a, Sefaria.org translation)

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