Anybody can make a mistake TB Yevamot 33

I have written previously that sometimes the rabbis don’t treat each other with respect. I’m happy to report that on daf TB Yevamot 33 Rabbi Hiyya gives Bar Kappara the benefit of the doubt. Both were students of Rabbi Yehuda HaNasi and swear that their teacher taught his position concerning whether a prohibition can be superimposed upon another prohibition, אִיסּוּר חָל עַל אִיסּוּר. They debate three cases on daf TB Yevamot 32b

1.     “The Gemara comments that the issue of a prohibition taking effect where another prohibition already exists is taught in the dispute found in a baraita, where it was stated: With regard to a non-priest who served in some capacity in one of the Temple services, such as the burning of a burnt-offering on the altar on Shabbat, Rabbi Ḥiyya says: He is liable to receive punishment on two counts, both because he was a non-priest serving in the Temple and because he desecrated Shabbat. Bar Kappara says: He is liable on only one count. Rabbi Ḥiyya jumped up and swore: I swear by the Temple service that this I heard from Rabbi Yehuda HaNasi: He is liable on two counts. Bar Kappara jumped up and swore: I swear by the Temple service that this I heard from Rabbi Yehuda HaNasi: He is liable on one count...

2.     “They disagreed over a similar issue as well, the case of a priest with a blemish who served in the Temple by sacrificing a public offering, which overrides ritual impurity, while he was ritually impure. Rabbi Ḥiyya says: He is liable on two counts, both for serving with a blemish and for being ritually impure. Bar Kappara says: He is liable on only one count, for serving with a blemish. Rabbi Ḥiyya jumped up and swore: I swear by the Temple service that this I heard from Rabbi Yehuda HaNasi: He is liable on two counts. Bar Kappara jumped up and swore: I swear by the Temple service that this I heard from Rabbi Yehuda HaNasi: He is liable on one count…

3.     “They disagreed over a similar issue as well. This dispute is with regard to a non-priest who ate a bird sin-offering that was killed by pinching the back of its neck. It is permitted for priests to consume such an offering, but it is prohibited to consume any other bird killed in such a manner, since it was not ritually slaughtered. Rabbi Ḥiyya says: He is liable to receive punishment on two counts, both for being a non-priest who ate a priestly offering and for eating something that was not properly slaughtered. Bar Kappara says: He is liable on only one count. Rabbi Ḥiyya jumped up and swore: I swear by the Temple service that this I heard from Rabbi Yehuda HaNasi: He is liable on two counts. Bar Kappara jumped up and swore: I swear by the Temple service that this I heard from Rabbi Yehuda HaNasi: He is liable on one count.” (Sefaria.org translation)

The Gemara comes to the conclusion after its analysis that the point of contention is when the two prohibitions occur simultaneously, בַּת אַחַת. “Rabbi Ḥiyya holds that one is liable on two counts in cases of prohibitions that take effect simultaneously. And bar Kappara holds of the opinion that one is liable only on a single count.” In the first two cases the Gemara shows how the two prohibitions can occur simultaneously, but can’t give an example for the third case of the bird.

Remember each man took an oath declaring his position is the correct one. Does that mean the each person thinks the other is lying? No. There must be another way of understanding the situation.

“Rabbi Ḥiyya could have said to you that this is what transpired: When Rabbi Yehuda HaNasi taught him, bar Kappara, he taught him two cases involving exemptions, i.e., the cases of a non-priest who served in the Temple on Shabbat and that of the blemished priest who served while ritually impure. Both of these are cases of more inclusive prohibitions, and he was informing bar Kappara that Rabbi Shimon holds them liable on only one count, because Rabbi Shimon holds that a prohibition takes effect where another prohibition already exists only if the prohibitions take effect simultaneously, but not in cases of more inclusive prohibitions.

“And he taught him the ruling with regard to a more inclusive prohibition, that in such cases there is an exemption, and this ruling is in accordance with the opinion of Rabbi Shimon. And bar Kappara then saw the case of a non-priest who ate a bird killed by pinching, and since it was similar to the previous cases, he mixed them together. Then, sometime later, it seemed to him as though he had in truth heard all of these cases together from Rabbi Yehuda HaNasi, but when he examined this last case, he found that it could exist only if the events occurred simultaneously.

“And he concluded that since the case of a non-priest eating a bird killed by pinching can occur only in a scenario where the prohibitions take effect simultaneously, the other cases are instances of simultaneous prohibitions as well. And similarly, since he was taught to exempt one individual from a second prohibition in those cases, these cases were taught to exempt one individual from a second prohibition as well. Therefore, according to Rabbi Ḥiyya, bar Kappara did not knowingly speak falsely. Rather, he heard certain matters from Rabbi Yehuda HaNasi and then mistakenly merged with them other matters. As a result, he confused the issue.” (Sefaria.org translation)

Rabbi Ḥiyya teaches us a very important lesson. Instead of castigating bar Kappara for lying, he gave him the benefit of the doubt how he came to “the wrong conclusion.”  Bar Kappara wasn’t lying. He had just made a mistake. Anybody can make a mistake.