Don’t be wicked or a fool TB Rosh Hashana 14

As the story is originally told on daf TB Rosh Hashana 14, Rabbi Akiva’s actions are difficult to understand. “The Sages taught in a baraita: There was once an incident involving Rabbi Akiva, who picked an etrog on the first of Shevat and set aside two tithes. This occurred in the second or the fifth year of the Sabbatical cycle. In the second and fifth years one sets aside second tithe, whereas in the third and sixth years one sets aside poor man’s tithe. Rabbi Akiva set aside both second tithe and poor man’s tithe because he was in doubt about the halakha.

“One tithe was in accordance with the statement of Beit Shammai that the new year for trees is on the first of Shevat, in which case it was already the third or sixth year, when one must set aside poor man’s tithe; and one tithe was in accordance with the statement of Beit Hillel that the new year for trees is on the fifteenth of Shevat, so it was still the second or fifth year, when one must set aside second tithe…

“The Gemara questions Rabbi Akiva’s conduct: But do we adopt the respective stringencies of two authorities who disagree on a series of issues? Isn’t it taught in a baraita: The halakha is always in accordance with the statement of Beit Hillel, but one who wishes to act in accordance with the statement of Beit Shammai may do so, and one who wishes to act in accordance with the statement of Beit Hillel may do so. If he adopts both the leniencies of Beit Shammai and also the leniencies of Beit Hillel, he is a wicked person. And if he adopts both the stringencies of Beit Shammai and the stringencies of Beit Hillel, with regard to him the verse states: “The fool walks in darkness” (Ecclesiastes 2:14). Rather, one should act either in accordance with Beit Shammai, following both their leniencies and their stringencies, or in accordance with Beit Hillel, following both their leniencies and their stringencies. If so, why did Rabbi Akiva follow two contradictory stringencies?” (Sefaria.org translation)

When comes to Jewish law, halakha, we all pick and choose what we want to observe. Nevertheless, our tradition frowns upon shopping around for the answers we want by asking different rabbis who we know will give us the answer we want. One should find a rabbi whose basic theology approach matches his/her and when the person asks a i question he/she accepts the rabbi’s answer no matter whether it is a stringent or lenient interpretation.

By the way, the Gemara saves Rabbi Akiva’s reputation by saying he always followed Beit Hillel, but in this case wasn’t sure what was Beit Hillel’s position. “he Gemara answers: Rabbi Akiva wished to act in accordance with the opinion of Beit Hillel, but he was in doubt about his tradition and did not know whether Beit Hillel said that the new year for trees is on the first of Shevat or whether they said that it is on the fifteenth of Shevat, and so he set aside two tithes in order to conform with both possibilities.” (Sefaria.org translation) I find this a less satisfactory explanation for how could Rabbi Akiva not know Beit Hillel’s tradition! Nevertheless I am assuaged knowing that some commentators say that Rabbi Akiva wanted to go above and beyond the letter the law to make sure that he takes care of the poor in his midst.