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.