Hillel and Shammai

Two weeks ago I posted a piece responding to some articles on patrilineality which provoked several excellent other blog posts and a lot of conversations. I deeply appreciate both the supportive and the critical responses, as a result of which I continue to examine and reexamine my approach to the matter.

Although after having done so, I remain convinced that the Conservative approach remains correct, halachicly speaking, I thought it might be interesting to present a sugiyah from the talmud in which the schools of Hillel and Shammai discuss a breach between them which could have led to their division from one another in a profound way, yet did not.

In the talmud Yevamot 14a (I’m using the Soncino translation) we read the response to a dispute involving who is permitted to marry whom. I’ve added comments in brackets to try to make it more understandable.

The talmud says,

Come and hear: THOUGH THESE FORBADE WHAT THE OTHERS PERMITTED … BEIT [The school of] SHAMMAI, NEVERTHELESS, DID NOT REFRAIN FROM MARRYING WOMEN FROM THE FAMILIES OF BEIT HILLEL, NOR DID BEIT HILLEL [REFRAIN FROM MARRYING WOMEN] FROM THE FAMILIES OF BEIT SHAMMAI. Now, if it be said that [Beit Hillel]  did not act [in accordance with their own view] one can well understand why THEY DID NOT REFRAIN [from intermarrying with one another] [Because this would mean that they both acted according to the same principles, but one school did so while acting contrary to the principles that they held].  If, however, it be said that [Beit Shamai]  did act [in accordance with their own view], why did they not refrain? That Beit Shammai did not refrain from marrying women from the families of Beth Hillel may well be justified because [the individuals in question] are the children of persons guilty only of the infringement of a [relatively minor prohibition, for which the punishment is also minor] but why did not Beit Hillel refrain from [marrying women from the families of] Beth Shammai [Because descendants from these marriages between rivals, which are permitted by Beit Shammai, are regarded by Beit Hillel as forbidden and involve a major penalty]? Such people,  surely, being children of persons who are guilty of an offense involving karet, are illegitimate [this causes a major problem - how can one marry into the family of someone if their status might be someone you are prohibited to marry, and which carries a major penalty for doing so if it turns out to be the case]!  And if it be suggested that Beit Hillel are of the opinion that the descendant of those who are guilty of an offence involving karet is not a [illegitimate],  surely, [it may be retorted], Rabbi Eleazar said: Although Beit Shammai and Beit Hillel are in disagreement on the questions of rivals, they concede that an illegitimate is only he who is descended from a marriage which is forbidden as incest and punishable with karet! Does not this then conclusively prove that [Beit Shammai]  did not act [in accordance with their own view]? — No; they  acted, indeed, [in accordance with their own view], but they informed  [Beit Hillel]  [of the existence of any such cases] and [Beit Hillel]  kept away.

So, we see that situations like these are not novel – we have always had a diversity of halachic opinions on matters that in their time were no doubt just as painful to those involved.  Yet, in the end, the two schools continued to marry one another – their solution, according to the talmud, being that they made clear, out of respect for one another,  who fell into or outside of their boundaries – but they remained one community, despite their differences.

 

On Yevamot 14b, the talmud concludes:

Come and hear: Although Beit Shammai and Beit Hillel are in disagreement on the
questions of rivals, sisters, an old bill of divorce, a doubtfully married woman, a woman whom her husband had divorced and who stayed with him over the night in an inn, money, valuables, a perutah and the value of a perutah, Beit Shammai did not, nevertheless, abstain from marrying women of the families of Beit Hillel, nor did Beit Hillel refrain from marrying those of Beit Shammai.
This is to teach you that they showed love and friendship towards one another, thus putting into practice the Scriptural text, “Love ye truth and peace.”

Discuss.

Posted on August 28, 2013

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