Save "Class 3 - From Moses to Moses, None Arose in Israel Like Rabbi Akiva"
Class 3 - From Moses to Moses, None Arose in Israel Like Rabbi Akiva
(יג) רַבִּי עֲקִיבָא אוֹמֵר...
(טו) הַכֹּל צָפוּי, וְהָרְשׁוּת נְתוּנָה, וּבְטוֹב הָעוֹלָם נִדּוֹן, וְהַכֹּל לְפִי רֹב הַמַּעֲשֶׂה:
(13) Rabbi Akiva said...
(15) Everything is foreseen yet freedom of choice is granted, And the world is judged with goodness; And everything is in accordance with the preponderance of works.

Rambam on Avos 3:18 (Qafih translation)

בבא זו כוללת ענינים גדולים מאד, ואין ראוי כדברים האלה אלא לר' עקיבא...
...תַנְיָא, אִיסִי בֶּן יְהוּדָה הָיָה מוֹנֶה שִׁבְחָן שֶׁל חֲכָמִים:...רַבִּי עֲקִיבָא – אוֹצָר בָּלוּם...
This is as it is taught in a baraita that Isi ben Yehuda would recount the praise of the Sages by characterizing each of them...Rabbi Akiva, a full storehouse...
...היה ר' יהודה הנשיא מונה שבחן של חכמים...לר׳ עקיבא קרא לו אוצר בלום. למה רבי עקיבא דומה? לפועל שנטל קופתו ויצא לחוץ. מצא חטים מניח בה, מצא שעורים מניח בה, כוסמין מניח בה, פולין מניח בה, עדשים מניח בה, כיון שנכנס לביתו מברר חטים בפני עצמן שעורים בפני עצמן כוסמין בפני עצמן פולין בפני עצמן עדשים בפני עצמן. כך עשה ר׳ עקיבא ועשה כל התורה טבעות טבעות...
Rabbi Yehudah HaNasi would praise the virtues of these sages...He called Rabbi Akiva a sealed vault. For Rabbi Akiva was like a worker who took his basket and went out to gather. When he found wheat, he put it in his basket. When he found barley, he put it in his basket. When he found spelt, he put it in his basket. When he found beans, he put them in his basket. When he found lentils, he put them in his basket. Then when he came back home, he would separate the wheat into one pile, the barley into one pile, the spelt into one pile, the beans into one pile, and the lentils into one pile. So it was with Rabbi Akiva. He organized the whole Torah into identifiable categories...
...בַזְּמָן הַזֶּה תָּכְפוּ צָרוֹת יְתֵרוֹת, וְדָחֲקָה שָׁעָה אֶת הַכֹּל, וְאָבְדָה חָכְמַת חֲכָמֵינוּ...לְפִיכָּךְ אוֹתָן הַפֵּרוּשִׁין וְהַתְּשׁוּבוֹת וְהַהֲלָכוֹת שֶׁחִבְּרוּ הַגְּאוֹנִים...נִתְקַשּׁוּ בְּיָמֵינוּ, וְאֵין מֵבִין עִנְיְנֵיהֶם כָּרָאוּי אֵלָא מְעַט בְּמִסְפָּר. וְאֵין צָרִיךְ לוֹמַר הַתַּלְמוּד עַצְמוֹ: הַבַּבְלִי, וְהַיְּרוּשְׁלְמִי, וְסִפְרָא, וְסִפְרֵי, וְהַתּוֹסֶפְתּוֹת, שְׁהֶן צְרִיכִין דַּעַת רְחָבָה וְנֶפֶשׁ חֲכָמָה וּזְמָן אָרוּךְ...וּמִפְּנֵי זֶה נָעַרְתִּי חָצְנִי, אֲנִי מֹשֶׁה בֵּירִבִּי מַיְמוֹן הַסְּפָרַדִּי, וְנִשְׁעַנְתִּי עַל הַצּוּר בָּרוּךְ הוּא, וּבִינוֹתִי בְּכָל אֵלּוּ הַסְּפָרִים; וְרָאִיתִי לְחַבַּר דְּבָרִים הַמִּתְבָּרְרִים מִכָּל אֵלּוּ הַחִבּוּרִין...בְּלָשׁוֹן בְּרוּרָה וְדֶרֶךְ קְצָרָה, עַד שֶׁתְּהֶא תּוֹרָה שֶׁבְּעַל פֶּה כֻּלָּהּ סְדוּרָה בְּפִי הַכֹּל...עַל פִּי הַמִּשְׁפָּט אֲשֶׁר יִתְבָּאַר מִכָּל אֵלּוּ הַחִבּוּרִין וְהַפֵּרוּשִׁין הַנִּמְצָאִים מִיְּמוֹת רַבֵּנוּ הַקָּדוֹשׁ וְעַד עַכְשָׁו, עַד שֶׁיִּהְיוּ כָּל הַדִּינִין גְּלוּיִין לַקָּטָן וְלַגָּדוֹל בְּדִין כָּל מִצְוָה וּמִצְוָה, וּבְדִין כָּל הַדְּבָרִים שֶׁתִּקְּנוּ חֲכָמִים וּנְבִיאִים. כְּלָלוֹ שֶׁלַּדָּבָר, כְּדֵי שֶׁלֹּא יְהֶא אָדָם צָרִיךְ לְחִבּוּר אַחֵר בָּעוֹלָם בְּדִין מִדִּינֵי יִשְׂרָאֵל; אֵלָא יִהְיֶה חִבּוּר זֶה מְקַבֵּץ לְתוֹרָה שֶׁבְּעַל פֶּה כֻּלָּהּ, עִם הַתַּקָּנוֹת וְהַמִּנְהָגוֹת וְהַגְּזֵרוֹת שֶׁנַּעֲשׂוּ מִיְּמוֹת מֹשֶׁה רַבֵּנוּ וְעַד חִבּוּר הַתַּלְמוּד, וּכְמוֹ שֶׁפֵּרְשׁוּ לָנוּ הַגְּאוֹנִים בְּכָל חִבּוּרֵיהֶן, שֶׁחִבְּרוּ אַחַר הַתַּלְמוּד. לְפִיכָּךְ קָרָאתִי שֵׁם חִבּוּר זֶה מִשְׁנֵה תּוֹרָה לְפִי שֶׁאָדָם קוֹרֶא תּוֹרָה שֶׁבִּכְתָב תְּחִלָּה, וְאַחַר כָּךְ קוֹרֶא בְּזֶה, וְיוֹדֵעַ מִמֶּנּוּ תּוֹרָה שֶׁבְּעַל פֶּה כֻּלָּהּ, וְאֵינוּ צָרִיךְ לִקְרוֹת סֵפֶר אַחֵר בֵּינֵיהֶם. וְרָאִיתִי לְחַלַּק חִבּוּר זֶה הֲלָכוֹת הֲלָכוֹת בְּכָל עִנְיָן וְעִנְיָן, וַאֲחַלַּק הַהֲלָכוֹת לִפְרָקִים שֶׁבְּאוֹתוֹ עִנְיָן; וְכָל פֵּרֶק וּפֵרֶק אֲחַלַּק אוֹתוֹ לַהֲלָכוֹת קְטַנּוֹת, כְּדֵי שֶׁיִּהְיוּ סְדוּרִין עַל פֶּה.
...At this time, we have been beset by additional difficulties, everyone feels [financial] pressure, the wisdom of our Sages has become lost...Therefore, those explanations, laws, and replies which the Geonim composed...have become difficult to grasp in our age, and only a select few comprehend these matters in the proper way. Needless to say, [there is confusion] with regard to the Talmud itself - both the Jerusalem and Babylonian Talmuds - the Sifra, the Sifre, and the Tosefta, for they require a breadth of knowledge, a spirit of wisdom, and much time...
Therefore, I girded my loins - I, Moses, the son of Maimon, of Spain. I relied upon the Rock, blessed be He. I contemplated all these texts and sought to compose [a work which would include the conclusions] derived from all these texts...
based on the judgments that result from all the texts and explanations mentioned above, from the days of Rabbenu Hakadosh until the present.
[This will make it possible] for all the laws to be revealed to both those of lesser stature and those of greater stature, regarding every single mitzvah, and also all the practices that were ordained by the Sages and the Prophets. To summarize: [The intent of this text is] that a person will not need another text at all with regard to any Jewish law. Rather, this text will be a compilation of the entire Oral Law, including also the ordinances, customs, and decrees that were enacted from the time of Moses, our teacher, until the completion of the Talmud, as were explained by the Geonim in the texts they composed after the Talmud. Therefore, I have called this text, Mishneh Torah ["the second to the Torah," with the intent that] a person should first study the Written Law, and then study this text and comprehend the entire Oral Law from it, without having to study any other text between the two.
(43) I saw fit to divide this text into [separate] halachot pertaining to each [particular] subject, and, within the context of a single subject, to divide those halachot into chapters. Each and every chapter is divided into smaller halachot so that they can be ordered in one's memory.
אֵין דּוֹרְשִׁין בַּעֲרָיוֹת בִּשְׁלֹשָׁה, וְלֹא בְמַעֲשֵׂה בְרֵאשִׁית בִּשְׁנַיִם, וְלֹא בַמֶּרְכָּבָה בְּיָחִיד אֶלָּא אִם כֵּן הָיָה חָכָם וּמֵבִין מִדַּעְתּוֹ. כָּל הַמִּסְתַּכֵּל בְּאַרְבָּעָה דְּבָרִים רָאוּי לוֹ כְּאִלּוּ לֹא בָּא לָעוֹלָם: מַה לְּמַעְלָה, מַה לְּמַטָּה, מַה לְּפָנִים, וּמַה לְּאָחוֹר. וְכָל שֶׁלֹּא חָס עַל כְּבוֹד קוֹנוֹ, רָאוּי לוֹ שֶׁלֹּא בָּא לָעוֹלָם:
One may not expound the topic of forbidden sexual relations before three or more individuals; nor may one expound the act of Creation and the secrets of the beginning of the world before two or more individuals; nor may one expound by oneself the Design of the Divine Chariot, a mystical teaching with regard to the ways God conducts the world, unless he is wise and understands most matters on his own. The mishna continues in the same vein: Whoever looks at four matters, it would have been better for him had he never entered the world: Anyone who reflects upon what is above the firmament and what is below the earth, what was before Creation, and what will be after the end of the world. And anyone who has no concern for the honor of his Maker, who inquires into and deals with matters not permitted to him, deserves to have never come to the world.
תָּנוּ רַבָּנַן: אַרְבָּעָה נִכְנְסוּ בַּפַּרְדֵּס, וְאֵלּוּ הֵן: בֶּן עַזַּאי, וּבֶן זוֹמָא, אַחֵר, וְרַבִּי עֲקִיבָא. אֲמַר לָהֶם רַבִּי עֲקִיבָא, ״כְּשֶׁאַתֶּם מַגִּיעִין אֵצֶל אַבְנֵי שַׁיִשׁ טָהוֹר, אַל תֹּאמְרוּ ״מַיִם מַיִם״, מִשּׁוּם שֶׁנֶּאֱמַר: ״דּוֹבֵר שְׁקָרִים לֹא יִכּוֹן לְנֶגֶד עֵינָי״״. בֶּן עַזַּאי הֵצִיץ וָמֵת...בֶּן זוֹמָא הֵצִיץ וְנִפְגַּע...אַחֵר קִיצֵּץ בִּנְטִיעוֹת, רַבִּי עֲקִיבָא יָצָא בְּשָׁלוֹם.
§ The Sages taught: Four entered the orchard [pardes], i.e., dealt with the loftiest secrets of Torah, and they are as follows: Ben Azzai; and ben Zoma; Aḥer, the other, a name for Elisha ben Avuya; and Rabbi Akiva. Rabbi Akiva, the senior among them, said to them: When, upon your arrival in the upper worlds, you reach pure marble stones, do not say: Water, water, although they appear to be water, because it is stated: “He who speaks falsehood shall not be established before My eyes” (Psalms 101:7). The Gemara proceeds to relate what happened to each of them: Ben Azzai glimpsed at the Divine Presence and died...Ben Zoma glimpsed at the Divine Presence and was harmed...Aḥer chopped down the shoots of saplings. In other words, he became a heretic. Rabbi Akiva came out safely.
Since the Gemara discussed the principles cited with regard to halakhic decision-making, it cites additional principles. Rabbi Ya’akov and Rabbi Zerika said: The halakha is in accordance with the opinion of Rabbi Akiva in disputes with any individual Sage, and the halakha is in accordance with the opinion of Rabbi Yosei even in disputes with other Sages, and the halakha is in accordance with the opinion of Rabbi Yehuda HaNasi in disputes with any individual Sage.
...מָר סָבַר הֲלָכָה כְּרַבִּי עֲקִיבָא מֵחֲבֵירוֹ וְלֹא מֵרַבּוֹ, וּמָר סָבַר הֲלָכָה אֲפִילּוּ מֵרַבּוֹ...
...One Sage, Rabbi Yoḥanan, holds that the halakha is in accordance with the opinion of Rabbi Akiva in his disputes with his colleague, but not in his disputes with his teacher, and Rabbi Tarfon was Rabbi Akiva’s teacher. And one Sage, Reish Lakish, holds that the halakha is in accordance with the opinion of Rabbi Akiva even in his disputes with his teacher...
(ד) הָאוֹמֵר לְאִשָּׁה הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי...
(ה) ...עַל מְנָת שֶׁאֲנִי חָכָם אֵין אוֹמְרִין כְּרַבִּי עֲקִיבָא וַחֲבֵרָיו אֶלָּא כָּל שֶׁשּׁוֹאֲלִין אוֹתוֹ בְּכָל מָקוֹם דְּבַר חָכְמָה וְאוֹמֵר...
(4) When [a man] tells a woman: "Behold, you are consecrated to me...
(5) ...on condition that I am a wise man," we do not say that [he must be] like Rabbi Akiva and his colleagues. Instead, it is sufficient that when one asks him a point of logic with regard to any subject, he is able to answer...
...אָמַר רַבִּי יוֹחָנָן: סְתָם מַתְנִיתִין – רַבִּי מֵאִיר, סְתַם תּוֹסֶפְתָּא – רַבִּי נְחֶמְיָה, סְתַם סִפְרָא – רַבִּי יְהוּדָה, סְתַם סִפְרֵי – רַבִּי שִׁמְעוֹן, וְכוּלְּהוּ אַלִּיבָּא דְּרַבִּי עֲקִיבָא.
The Gemara responds: That should not enter your mind, as the unattributed baraita that was cited is a passage from the halakhic midrash on the books of Numbers and Deuteronomy entitled Sifrei, and Rabbi Yoḥanan says: An unattributed mishna is in accordance with the opinion of Rabbi Meir; an unattributed baraita in the Tosefta is in accordance with the opinion of Rabbi Neḥemya; an unattributed baraita in the Sifra, the halakhic midrash on the book of Leviticus, is in accordance with the opinion of Rabbi Yehuda; and an unattributed baraita in the Sifrei is in accordance with the opinion of Rabbi Shimon. And all of these are in accordance with the opinion of Rabbi Akiva, as all the Sages mentioned were his disciples. Therefore, it is unlikely that an unattributed baraita from the Sifrei would run counter to the opinion of Rabbi Shimon.
...אָמַר רֵישׁ לָקִישׁ, ״מַאי דִּכְתִיב ׳זֶה סֵפֶר תּוֹלְדֹת אָדָם וְגוֹ׳ (בראשית ה א)? וְכִי סֵפֶר הָיָה לוֹ לְאָדָם הָרִאשׁוֹן? מְלַמֵּד שֶׁהֶרְאָה לוֹ הַקָּדוֹשׁ בָּרוּךְ הוּא לְאָדָם הָרִאשׁוֹן דּוֹר דּוֹר וְדוֹרְשָׁיו, דּוֹר דּוֹר וַחֲכָמָיו, דּוֹר דּוֹר וּפַרְנָסָיו. כֵּיוָן שֶׁהִגִּיעַ לְדוֹרוֹ שֶׁל רַבִּי עֲקִיבָא שָׂמַח בְּתוֹרָתוֹ וְנִתְעַצֵּב בְּמִיתָתוֹ, אָמַר, ׳וְלִי מַה יָּקְרוּ רֵעֶיךָ אֵל! [וְגוֹ׳]׳ (תהלים קלט יז)״.
The Gemara raises a further difficulty: But doesn’t Reish Lakish say: What is the meaning of that which is written: “This is the book of the generations of Adam, in the day that God created man” (Genesis 5:1)? Did Adam the first man have a book? Rather, the verse teaches that the Holy One, Blessed be He, showed Adam, the first man, every generation and its expositors, every generation and its Sages, and every generation and its leaders. When Adam arrived at the generation of Rabbi Akiva, he rejoiced in his Torah and was saddened by his death, as Rabbi Akiva was tortured and murdered. Adam said: “How weighty also are Your thoughts to me, O God! How great is the sum of them” (Psalms 139:17). It is evident from here that the Jews were destined to bear future generations from the beginning of time.
See also Bavli Sanhedrin 38b
שִׁבְעָה קְנֵי מְנוֹרָה מְעַכְּבִין זֶה אֶת זֶה, שִׁבְעָה נֵרוֹתֶיהָ מְעַכְּבִין זֶה אֶת זֶה. שְׁתֵּי פָרָשִׁיּוֹת שֶׁבַּמְּזוּזָה מְעַכְּבוֹת זוֹ אֶת זוֹ, וַאֲפִלּוּ כְתָב אֶחָד מְעַכְּבָן. אַרְבַּע פָּרָשִׁיּוֹת שֶׁבַּתְּפִלִּין מְעַכְּבוֹת זוֹ אֶת זוֹ, וַאֲפִלּוּ כְתָב אֶחָד מְעַכְּבָן. אַרְבַּע צִיצִיּוֹת מְעַכְּבוֹת זוֹ אֶת זוֹ, שֶׁאַרְבַּעְתָּן מִצְוָה אֶחָת. רַבִּי יִשְׁמָעֵאל אוֹמֵר, ״אַרְבַּעְתָּן אַרְבַּע מִצְוֹת״:
(7) With regard to the seven branches of the Candelabrum (see Exodus 25:32), the absence of each prevents fulfillment of the mitzva with the others. With regard to its seven lamps atop the branches, the absence of each prevents fulfillment of the mitzva with the others. With regard to the two passages that are in the mezuza, which are the first (Deuteronomy 6:1–9) and second (Deuteronomy 11:13–21) paragraphs of Shema, the absence of each prevents fulfillment of the mitzva with the other. Furthermore, the absence of even one letter prevents fulfillment of the mitzva with the rest of them. With regard to the four passages that are in the phylacteries, which are the two passages in the mezuza and two additional passages (Exodus 13:1–10, 11–16), the absence of each prevents fulfillment of the mitzva with the others. Furthermore, the absence of even one letter prevents fulfillment of the mitzva with the rest of them. With regard to the four ritual fringes on a garment, the absence of each prevents fulfillment of the mitzva with the others, as the four of them constitute one mitzva. Rabbi Yishmael says: The four of them are four discrete mitzvot, and the absence of one does not prevent fulfillment of the mitzva with the rest.
בְּרֵאשִׁ֖ית בָּרָ֣א אֱלֹקִ֑ים אֵ֥ת הַשָּׁמַ֖יִם וְאֵ֥ת הָאָֽרֶץ׃
When God began to create heaven and earth—
ר' ישמעאל שאל את ר' עקיבא, שהיה ר' עקיבא דורש אכין ורקין מיעוטין, אתין וגמין ריבוין, א"ל ר' ישמעאל בראשית ברא אלקים שמים וארץ אין כתיב כאן, אלא את השמים ואת הארץ, ישובו של מקרא הוא. א"ל ר' עקיבא כתיב כי לא דבר רק הוא מכם (דברים לב מז), אילו נאמר שמים וארץ, היינו אומרים שתי אלהות הן, אלא את השמים ואת הארץ, הם ומה שנברא עמהם.
R. Ishmael questioned R. 'Aqiva, who was interpreting the words akh ("but") and raq ("only") as < indicating > exclusions, with et (either the sign of a definite accusative or the preposition "with") and gam ("also") as < indicating > inclusions. R. Ishmael said to him: "In the beginning God created heaven and earth" is not written here but ET THE HEAVEN AND ET THE EARTH. < The use of ET is simply > a clarification of Scripture. R. 'Aqiva said to him: It is written (in Deut. 32:47): FOR IT (the Torah) IS NO EMPTY THING FOR YOU. If "heaven and earth" had been stated (in Gen. 1:1), we should have said: They are two deities. But ET THE HEAVEN AND ET THE EARTH means those < two creations > and what was created along with them.
רַבִּי יִשְׁמָעֵאל שָׁאַל אֶת רַבִּי עֲקִיבָא אָמַר לוֹ בִּשְׁבִיל שֶׁשִּׁמַּשְׁתָּ אֶת נַחוּם אִישׁ גַּם זוּ עֶשְׂרִים וּשְׁתַּיִם שָׁנָה, אַכִין וְרַקִּין מִעוּטִין, אֶתִין וְגַמִּין רִבּוּיִן, הָדֵין אֶת דִּכְתִיב הָכָא, מַה הוּא, אֲמַר לֵיהּ, אִלּוּ נֶאֱמַר בְּרֵאשִׁית בָּרָא אֱלֹקִים שָׁמַיִם וָאָרֶץ, הָיִינוּ אוֹמְרִים הַשָּׁמַיִם וְהָאָרֶץ אֱלָהוּת הֵן, אֲמַר לֵיהּ (דברים לב, מז): כִּי לֹא דָבָר רֵק הוּא מִכֶּם, וְאִם רֵק הוּא מִכֶּם, לָמָּה שֶׁאֵין אַתֶּם יוֹדְעִין לִדְרשׁ בְּשָׁעָה שֶׁאִי אַתֶּם יְגֵעִין בּוֹ, (דברים לב, מז): כִּי הוּא חַיֵּיכֶם, אֵימָתַי הוּא חַיֵּיכֶם, בְּשָׁעָה שֶׁאַתֶּם יְגֵעִין בּוֹ. אֶלָּא אֵת הַשָּׁמַיִם, לְרַבּוֹת חַמָּה וּלְבָנָה וּמַזָּלוֹת, וְאֵת הָאָרֶץ, לְרַבּוֹת אִילָנוֹת וּדְשָׁאִין וְגַן עֵדֶן...
Rabbi Yishmael asked Rabbi Akiva, saying to him: ‘Because you studied under Naḥum of Gam Zo for twenty-two years, [who taught:] The words akh and rak are restrictive expressions, et and gam are inclusive expressions, [I ask you:] What is the meaning of the et that is written here [twice]?’ He said to him: ‘Had it been stated: “In the beginning God created heavens and earth [bereshit bara elohim shamayim vaaretz]” – we might have said that the heavens and the earth are deities.’ He [Rabbi Yishmael] said to him: “For it is not an empty matter for you [mikem]” (Deuteronomy 32:47) – if it is empty, it is because of you [mikem], because you do not know how to expound, because you do not exert yourself in its regard. “As it [the Torah] is your life” (Deuteronomy 32:47) – when is it your life? It is when you exert yourself in its regard. Rather [the explanation is]: “et hashamayim – to include the sun, the moon, and the constellations; “ve’et haaretz” – to include trees, vegetation, and the Garden of Eden...
וְהָ֣אָדָ֔ם יָדַ֖ע אֶת־חַוָּ֣ה אִשְׁתּ֑וֹ וַתַּ֙הַר֙ וַתֵּ֣לֶד אֶת־קַ֔יִן וַתֹּ֕אמֶר קָנִ֥יתִי אִ֖ישׁ אֶת־ה׳׃
Now the Human knew his wife Eve, and she conceived and bore Cain, saying, “I have gained a person with the help of ה׳.”
...רַבִּי יִשְׁמָעֵאל שָׁאַל אֶת רַבִּי עֲקִיבָא אָמַר לוֹ בִּשְׁבִיל שֶׁשִּׁמַּשְׁתָּ נַחוּם אִישׁ גַּם זוֹ עֶשְׂרִים וּשְׁתַּיִם שָׁנָה, אַכִין וְרַקִּין מִעוּטִים, אֶתִין וְגַמִּין רִבּוּיִים, הַאי אֶת דִּכְתִיב הָכָא מַהוּ, אָמַר אִלּוּ נֶאֱמַר קָנִיתִי אִישׁ ה׳, הָיָה הַדָּבָר קָשֶׁה, אֶלָּא אֶת ה׳. אָמַר לֵיהּ (דברים לב, מז): כִּי לֹא דָּבָר רֵק הוּא מִכֶּם, וְאִם רֵק הוּא מִכֶּם, שֶׁאֵין אַתֶּם יוֹדְעִים לִדְרשׁ, אֶלָּא אֶת ה׳, לְשֶׁעָבַר אָדָם נִבְרָא מֵאֲדָמָה, וְחַוָּה נִבְרֵאת מֵאָדָם, מִכָּאן וְאֵילָךְ (בראשית א, כו): בְּצַלְמֵנוּ כִּדְמוּתֵנוּ, לֹא אִישׁ בְּלֹא אִשָּׁה וְלֹא אִשָּׁה בְּלֹא אִישׁ, וְלֹא שְׁנֵיהֶם בְּלֹא שְׁכִינָה.
...Rabbi Yishmael asked Rabbi Akiva, saying to him: Because you studied under Naḥum of Gam Zo for twenty-two years, [who taught:] The words akh and rak are restrictive expressions, et and gam are inclusive expressions, [I ask you:] What is the meaning of the et that is written here? He said: Had it been written: Kaniti ish Hashem it would have been difficult, so instead, it stated “with God” [et Hashem]. He said to him: “For it is not an empty matter for you [mikem]” (Deuteronomy 32:47) – if it is empty, it is because of you [mikem], because you do not know how to expound. Rather, et Hashem – previously, Adam was created from earth and Eve was created from Adam. But from now on, [Eve said,] offspring will come about in our image and in our likeness – a man will not [produce offspring] without woman, nor will a woman without a man, nor both of them without the Divine Presence.
וַיְהִ֧י אֱלֹקִ֛ים אֶת־הַנַּ֖עַר וַיִּגְדָּ֑ל וַיֵּ֙שֶׁב֙ בַּמִּדְבָּ֔ר וַיְהִ֖י רֹבֶ֥ה קַשָּֽׁת׃
God was with the boy and he grew up; he dwelt in the wilderness and became skilled with a bow.
וַיְהִי אֱלֹקִים אֶת הַנַּעַר וַיִּגְדָּל (בראשית כא, כ), רַבִּי יִשְׁמָעֵאל שָׁאַל אֶת רַבִּי עֲקִיבָא אָמַר לוֹ בִּשְׁבִיל שֶׁשִּׁמַּשְׁתָּ נַחוּם אִישׁ גַּם זוֹ עֶשְׂרִים וּשְׁתַּיִם שָׁנָה, אַכִים וְרַקִּים מִעוּטִים, אֶתִין וְגַמִּין רִבּוּיִם, הָדֵין אֶת דִּכְתִיב הָכָא מַהוּ, אָמַר לוֹ אִלּוּ נֶאֱמַר וַיְהִי אֱלֹקִים הַנַּעַר, הָיָה הַדָּבָר קָשֶׁה, אֶלָּא אֶת הַנַּעַר. אָמַר לוֹ (דברים לב, מז): כִּי לֹא דָּבָר רֵק הוּא מִכֶּם, וְאִם רֵק מִכֶּם, שֶׁאֵין אַתֶּם יוֹדְעִים לִדְרשׁ, אֶלָא אֶת הַנַּעַר, הוּא וְחַמָּרָיו וְגַמָּלָיו וּבְנֵי בֵיתוֹ...
“God was with [et] the lad, and he grew. He lived in the wilderness and became an archer” (Genesis 21:20). “God was with the lad [et hanaar], and he grew” – Rabbi Yishmael asked Rabbi Akiva, saying to him: ‘Because you studied under Naḥum of Gam Zo for twenty years, [who taught:] The words akh and rak are restrictive expressions, et and gam are inclusive expressions, [I ask you] what is the meaning of the et that is written here?’ He said to him: ‘Had it said: “God was the lad” that would have been difficult; instead, [the Torah writes] “with the lad.” He said to him: “For it is not an empty thing for you [mikem]” (Deuteronomy 32:47); if it appears empty, it is from you [mikem], because you do not know how to expound. The correct explanation is, rather, “et hanaar” refers to him, his donkey drivers, his camel drivers, and the members of his household.’...
אֶת־ה׳ אֱלֹקֶ֛יךָ תִּירָ֖א וְאֹת֣וֹ תַעֲבֹ֑ד וּבִשְׁמ֖וֹ תִּשָּׁבֵֽעַ׃
Revere only your God ה׳ and worship [God] alone, and swear only by God’s name.
...תַנְיָא: שִׁמְעוֹן הָעַמְסוֹנִי וְאָמְרִי לַהּ נְחֶמְיָה הָעַמְסוֹנִי הָיָה דּוֹרֵשׁ כׇּל אֶתִּין שֶׁבַּתּוֹרָה, כֵּיוָן שֶׁהִגִּיעַ לְ״אֶת ה׳ אֱלֹקֶיךָ תִּירָא״ (דברים ו יג), פֵּירַשׁ. אָמְרוּ לוֹ תַּלְמִידָיו, ״רַבִּי, כׇּל אֶתִּין שֶׁדָּרַשְׁתָּ מָה תְּהֵא עֲלֵיהֶם?״ אָמַר לָהֶם, ״כְּשֵׁם שֶׁקִּבַּלְתִּי שָׂכָר עַל הַדְּרִישָׁה, כָּךְ קִבַּלְתִּי עַל הַפְּרִישָׁה,״ עַד שֶׁבָּא רַבִּי עֲקִיבָא וְלִימֵּד, ״׳אֶת ה׳ אֱלֹקֶיךָ תִּירָא׳ לְרַבּוֹת תַּלְמִידֵי חֲכָמִים.״
...it is taught in a baraita: Shimon HaAmasoni, and some say that it was Neḥemya HaAmasoni, would interpret all occurrences of the word et” in the Torah, deriving additional halakhot with regard to the particular subject matter. Once he reached the verse: “You shall fear the Lord your God” (Deuteronomy 6:13), which is written with the added word “et,” he withdrew from this method of exposition, as whose fear could be an extension of the fear of God? His students said to him: Our teacher, what will be with all the occurrences of the word et” that you interpreted until now? He said to them: Just as I received reward for the exposition, so I received reward for my withdrawal from using this method of exposition. The word “et” in this verse was not explained until Rabbi Akiva came and expounded: “You shall fear the Lord your God”: The word “et” serves to include Torah scholars, i.e., that one is commanded to fear them just as one fears God. In any event, Shimon HaAmasoni no longer derived additional halakhot from the word et.
נְחֶמְיָה עֵמֹסוֹנִי שִׁימֵּשׁ אֶת רִבִּי עֲקִיבָא עֶשְׂרִים וּשְׁתַּיִם שָׁנָה. הוּא הָיָה אוֹמֵר, ״אִתִּים גַּמִּין רִיבּוּיִין, אַכִין וְרַקִּין מִיעוּטִין.״ אָמַר לֵיהּ, ״מַהוּ דֵין דִּכְתִיב אֶת י֙י אֱלֹקֶיךָ תִּירָא וגו׳ (דברים ו יג)?״ אָמַר לֵיהּ, ״אוֹתוֹ וְאֶת תּוֹרָתוֹ.״
Neḥemiah from Emmaus served Rebbi Aqiba for 22 years and he taught him “את and גם mean additions, אך and רק mean exclusions.” He asked him: What means that which is written (Deut. 6:13) “את the Eternal, your God, you must fear.” He said to him, Him and His Torah.
שתי פרשיות שבמזוזה מעכבות זו את זו ואפילו כתב אחד מעכבן:
§ The mishna teaches: With regard to the two passages that are in the mezuza, the absence of each prevents fulfillment of the mitzva with the others. And furthermore, the absence of even one letter prevents fulfillment of the mitzva with the rest of them.
אמר רב יהודה אמר רב, ״בשעה שעלה משה למרום מצאו להקב"ה שיושב וקושר כתרים לאותיות. אמר לפניו, ׳רבש"ע! מי מעכב על ידך?׳ אמר לו, ׳אדם אחד יש שעתיד להיות בסוף כמה דורות, ועקיבא בן יוסף שמו, שעתיד לדרוש על כל קוץ וקוץ תילין תילין של הלכות׳. אמר לפניו, ׳רבש"ע! הראהו לי׳. אמר לו, ׳חזור לאחורך׳. הלך וישב בסוף שמונה שורות ולא היה יודע מה הן אומרים, תשש כחו. כיון שהגיע לדבר אחד אמרו לו תלמידיו, ׳רבי! מנין לך?׳ אמר להן, ׳הלכה למשה מסיני׳, נתיישבה דעתו. חזר ובא לפני הקב"ה, אמר לפניו, ׳רבונו של עולם! יש לך אדם כזה ואתה נותן תורה ע"י?!׳ אמר לו, ׳שתוק! כך עלה במחשבה לפני!׳ אמר לפניו, ׳רבונו של עולם! הראיתני תורתו, הראני שכרו!׳ אמר לו, ׳חזור [לאחורך]׳. חזר לאחוריו, ראה ששוקלין בשרו במקולין. אמר לפניו, ׳רבש"ע! זו תורה וזו שכרה?!׳ א"ל ׳שתוק! כך עלה במחשבה לפני!׳״
§ Rav Yehuda says that Rav says: When Moses ascended on High, he found the Holy One, Blessed be He, sitting and tying crowns on the letters of the Torah. Moses said before God: Master of the Universe, who is preventing You from giving the Torah without these additions? God said to him: There is a man who is destined to be born after several generations, and Akiva ben Yosef is his name; he is destined to derive from each and every thorn of these crowns mounds upon mounds of halakhot. It is for his sake that the crowns must be added to the letters of the Torah. Moses said before God: Master of the Universe, show him to me. God said to him: Return behind you. Moses went and sat at the end of the eighth row in Rabbi Akiva’s study hall and did not understand what they were saying. Mosesstrength waned, as he thought his Torah knowledge was deficient. When Rabbi Akiva arrived at the discussion of one matter, his students said to him: My teacher, from where do you derive this? Rabbi Akiva said to them: It is a halakha transmitted to Moses from Sinai. When Moses heard this, his mind was put at ease, as this too was part of the Torah that he was to receive. Moses returned and came before the Holy One, Blessed be He, and said before Him: Master of the Universe, You have a man as great as this and yet You still choose to give the Torah through me. Why? God said to him: Be silent; this intention arose before Me. Moses said before God: Master of the Universe, You have shown me Rabbi Akiva’s Torah, now show me his reward. God said to him: Return to where you were. Moses went back and saw that they were weighing Rabbi Akiva’s flesh in a butcher shop [bemakkulin], as Rabbi Akiva was tortured to death by the Romans. Moses said before Him: Master of the Universe, this is Torah and this is its reward? God said to him: Be silent; this intention arose before Me.
...אָמַר רַבִּי עֲקִיבָא: כְּשֶׁהָלַכְתִּי לַעֲרַבְיָא, הָיוּ קוֹרִין לְדִכְרָא ״יוֹבֵלָא״. וְאָמַר רַבִּי עֲקִיבָא: כְּשֶׁהָלַכְתִּי לְגַלְיָא, הָיוּ קוֹרִין לְנִדָּה גַּלְמוּדָה....וְאָמַר רַבִּי עֲקִיבָא: כְּשֶׁהָלַכְתִּי לְאַפְרִיקִי, הָיוּ קוֹרִין לְמָעָה קְשִׂיטָה...
...Rabbi Akiva said: When I went to Arabia, I heard that they called a ram yovla...And Rabbi Akiva said: When I went to Galia, I heard that they called a menstruating woman galmuda...And Rabbi Akiva said: When I went to Africa, I heard that they called a ma’a, which is a certain coin, kesita...
...תַנְיָא: ״לְטוֹטֶפֶת״, ״לְטֹטֶפֶת״, ״לְטוֹטָפוֹת״ הֲרֵי כָּאן אַרְבַּע, דִּבְרֵי רַבִּי יִשְׁמָעֵאל. רַבִּי עֲקִיבָא אוֹמֵר: אֵינוֹ צָרִיךְ, טַט בְּכַתְפִּי שְׁתַּיִם, פַּת בְּאַפְרִיקִי שְׁתַּיִם...
...taught in a baraita: With regard to the number of compartments in the phylacteries of the head, the verse states: “It shall be for a sign upon your hand, and for totafot between your eyes” (Exodus 13:16), with the word totafot spelled deficient, without a second vav, in a way that can be read as singular; and again: “They shall be for totafot between your eyes” (Deuteronomy 6:8), spelled as a singular word; and again: “They shall be for totafot between your eyes” (11:18), this time spelled plene, with a second vav, in a manner that must be plural? There are four mentions of totafot here, as the third one is written in the plural and therefore counts as two. Consequently, it is derived that the phylacteries of the head must have four compartments. This is the statement of Rabbi Yishmael. Rabbi Akiva says: There is no need for this proof, as the requirement of four compartments can be derived from the word totafot itself: The word tat in the language of the Katfei means two, and the word pat in the language of Afriki also means two, and therefore totafot can be understood as a compound word meaning: Four...
(א) חֲמֵשׁ עֶשְׂרֵה נָשִׁים פּוֹטְרוֹת צָרוֹתֵיהֶן וְצָרוֹת צָרוֹתֵיהֶן מִן הַחֲלִיצָה וּמִן הַיִּבּוּם עַד סוֹף הָעוֹלָם. וְאֵלּוּ הֵן: בִּתּוֹ...הֲרֵי אֵלּוּ פּוֹטְרוֹת צָרוֹתֵיהֶן וְצָרוֹת צָרוֹתֵיהֶן מִן הַחֲלִיצָה וּמִן הַיִּבּוּם עַד סוֹף הָעוֹלָם...
(ב) כֵּיצַד פּוֹטְרוֹת צָרוֹתֵיהֶן? הָיְתָה בִּתּוֹ...נְשׂוּאָה לְאָחִיו, וְלוֹ אִשָּׁה אַחֶרֶת, וָמֵת, כְּשֵׁם שֶׁבִּתּוֹ פְּטוּרָה, כָּךְ צָרָתָהּ פְּטוּרָה. הָלְכָה צָרַת בִּתּוֹ וְנִשֵּׂאת לְאָחִיו הַשֵּׁנִי, וְלוֹ אִשָּׁה אַחֶרֶת, וָמֵת, כְּשֵׁם שֶׁצָּרַת בִּתּוֹ פְּטוּרָה, כָּךְ צָרַת צָרָתָהּ פְּטוּרָה, אֲפִלּוּ הֵן מֵאָה...
(1) The Torah law obligating a man whose brother died without children [yavam] to marry his deceased brother’s widow [yevama] or to free her from her levirate bonds through the act of ḥalitza applies only when it is permitted for the widow to marry her surviving brother-in-law. However, in cases where the yevama is forbidden to her yavam due to her status as a close family relative, the mitzva of levirate marriage is not applicable, and she is exempt from both levirate marriage and ḥalitza. The Sages further taught that the exemption of a yevama from levirate marriage also exempts her rival wife. In other words, if the deceased brother had two wives, each a so-called rival of the other, and only one wife is a relative of the surviving brother, then the rival wife is also exempt from both levirate marriage and ḥalitza. Moreover, if that same rival wife entered into levirate marriage with a different brother of the deceased, one to whom she is not forbidden, then were this third brother also to die childless, so that the obligation of levirate marriage would again be incurred by the second brother, not only is the forbidden rival wife exempt from levirate marriage and ḥalitza, her new rival wives from her second marriage are also exempt. That is to say, any other wife of the third brother is exempt from the mitzva of levirate marriage, as she is the rival wife of that first rival wife, who was exempted from levirate marriage following her first husband’s death due the exemption of her original rival wife. The same principle applies if that second rival wife subsequently enters into levirate marriage with another permitted brother, and so on. In summary, every widow who is exempt from marrying her brother-in-law due to her status as rival wife of a forbidden relative is treated as a forbidden relative herself and is therefore exempt from both ḥalitza and levirate marriage and causes exemption for future rival wives as well. The mishna describes various cases that invoke the principles above. Fifteen categories of women constitute familial relations that are forbidden as incestuous, and consequently, these women exempt their rival wives and the rival wives of their rival wives from ḥalitza and from levirate marriage forever, i.e., they also exempt rival wives of rival wives of rival wives, and so on. And these women are: The daughter of the yavam, i.e., the deceased brother had married a daughter of his brother, which means that when he died childless, his brother’s own daughter came before her father for levirate marriage, and therefore she is exempt. And the same applies if the deceased brother’s widow is the daughter of the daughter of the yavam, or if she is the daughter of his son, or the daughter of his wife. And similarly, if the yevama is the daughter of the son of the wife of her yavam or the daughter of his wife’s daughter, or if she is the mother-in-law of her yavam, or his mother-in-law’s mother, or his father-in-law’s mother, then she is exempt from ḥalitza and levirate marriage. The mishna continues its list of close relatives. If the yevama is the maternal half sister of the yavam, or if she is the sister of his mother, or his wife’s sister, then she is exempt from both ḥalitza and levirate marriage Or if she was the wife of his maternal half brother, and after this brother died or divorced his wife, she married another of his father’s brothers, who was not her relative, and this brother died, she is exempt. In this case, the obligation to enter into levirate marriage should be incurred by the surviving brother, but since she was previously the wife of his maternal brother, she is exempt. And the same applies to the wife of a brother with whom he did not coexist, i.e., the wife of a man who died before his brother was born. As will be explained, the obligation of levirate marriage does not apply to the yavam in this case. Since levirate marriage does not apply to him, the yevama remains forbidden to him as his brother’s wife. And the last case is if one’s yevama had previously been his daughter-in-law, and after his son had died one’s brother married her, before he too passed away. These fifteen women exempt their rival wives and the rival wives of their rival wives from ḥalitza and levirate marriage forever. § And with regard to all of these women listed as prohibited relations, these halakhot apply only if they were married to the deceased brother until the time of his death. However, this is not the case if they died during the deceased brother’s lifetime, or if they refused their husbands when they were minors. This refusal is referring to the decree of the Sages that a girl under the age of twelve whose father is no longer alive may be married off by her mother or brothers. However, this marriage is not final, as she can terminate it by performing an act of refusal, i.e., by declaring, while still a minor, that she does not desire this marriage. In this case, the marriage is annulled retroactively and she is considered as though she were never married at all. Or if those women were divorced by their husband, the deceased brother, or were found to be a sexually underdeveloped woman [aylonit], i.e., a woman who is so underdeveloped that she is not considered a woman in the full sense, these halakhot do not apply. Her marriage is considered a mistaken marriage and is null and void. In all these cases their rival wives are permitted, as the exemption for rival wives of forbidden relatives applies only when the forbidden relative was the brother’s wife at the time of his death, when the halakhot of levirate marriage came into effect. § And the mishna comments that the language of this principle is imprecise, as you cannot say with regard to his mother-in-law and with regard to his mother-in-law’s mother and with regard to his father-in-law’s mother that they were found to be an aylonit, as an aylonit is sterile and therefore cannot become a mother or a mother-in-law. Nor is the mishna precise when it states: Or refused, as refusal applies only to minors, who cannot give birth.
(2) The mishna explains: How do these women exempt their rival wives? If, for example, his daughter or any one of those women with whom relations are forbidden was married to his brother and this brother had another wife, and the brother died, then just as his daughter is exempt from levirate marriage, so too her rival wife is exempt. If his daughter’s rival wife subsequently went and married his second brother, to whom she is permitted, and he had another wife, and he died childless as well, which means that his wife comes before the first yavam, the daughter’s father, for levirate marriage, then just as his daughter’s rival wife is exempt, so too the rival wife of her rival wife is exempt. The mishna adds: Even if they are one hundred brothers, the same logic applies. If a woman is exempt from levirate marriage because she is the rival wife of a forbidden relative or the rival wife of a rival wife of this kind, and she herself has an additional rival wife, this rival wife is also exempt and in turn exempts her own rival wives from levirate marriage. How so? What are the cases in which if they died their rival wives are permitted? If, for example, one’s daughter or any one of those women with whom relations are forbidden was married to his brother, and this brother had another wife, and then his daughter died or was divorced and afterward his brother died, her rival wife is permitted to him. § The mishna states another principle: And if any of these forbidden relatives was a minor who could refuse her husband, then even if she did not refuse, her rival wife performs ḥalitza and does not enter into levirate marriage. The rival wife may not enter into levirate marriage, as she is the rival wife of a forbidden relative. However, she is not entirely exempt from levirate marriage and must be released by ḥalitza because the marriage of the forbidden relative was not a fully valid marriage, and therefore, by Torah law, the other woman is not considered a rival wife of a forbidden relative.
(ד) בֵּית שַׁמַּאי מַתִּירִין הַצָּרוֹת לָאַחִים, וּבֵית הִלֵּל אוֹסְרִים...
(4) Up to this point, the discussions were based on the assumption that not only may a forbidden relative not enter into levirate marriage, but her rival wife is also exempt. However, this issue is subject to a long-standing dispute. Beit Shammai permit the rival wives to the brothers, as they did not accept the interpretation of the verses that indicates that rival wives are prohibited. And Beit Hillel forbid them...
בִּימֵי רַבִּי דּוֹסָא בֶּן הַרְכִּינָס הִתִּירוּ צָרַת הַבַּת לָאַחִין, וְהָיָה הַדָּבָר קָשֶׁה לַחֲכָמִים מִפְּנֵי שֶׁחָכָם גָּדוֹל הָיָה וְעֵינָיו קָמוּ מִלָּבֹא לְבֵית הַמִּדְרָשׁ. אָמְרוּ, ״וּמִי יֵלֵךְ וְיוֹדִיעוֹ?״ אָמַר לָהֶן רַבִּי יְהוֹשֻׁעַ, ״אֲנִי אֵלֵךְ״. וְאַחֲרָיו מִי? רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה, וְאַחֲרָיו מִי? רַבִּי עֲקִיבָא.
הָלְכוּ וְעָמְדוּ עַל פֶּתַח בֵּיתוֹ. נִכְנְסָה שִׁפְחָתוֹ, אָמְרָה לוֹ, ״רַבִּי, חַכְמֵי יִשְׂרָאֵל בָּאִין אֶצְלְךָ!״ אָמַר לָהּ, ״יִכָּנְסוּ,״ וְנִכְנְסוּ. תְּפָסוֹ לְרַבִּי יְהוֹשֻׁעַ וְהוֹשִׁיבָהוּ עַל מִטָּה שֶׁל זָהָב. אָמַר לוֹ, ״רַבִּי, אֱמוֹר לְתַלְמִידְךָ אַחֵר וְיֵשֵׁב.״ אָמַר לוֹ, ״מִי הוּא?״ ״רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה.״ אָמַר, ״וְיֵשׁ לוֹ בֵּן לַעֲזַרְיָה חֲבֵירֵנוּ?״...תְּפָסוֹ וְהוֹשִׁיבוֹ עַל מִטָּה שֶׁל זָהָב. אָמַר לוֹ, ״רַבִּי, אֱמוֹר לְתַלְמִידְךָ אַחֵר וְיֵשֵׁב!״ אָמַר לוֹ, ״וּמִי הוּא?״ ״עֲקִיבָא בֶּן יוֹסֵף.״ אָמַר לוֹ, ״אַתָּה הוּא עֲקִיבָא בֶּן יוֹסֵף שֶׁשִּׁמְךָ הוֹלֵךְ מִסּוֹף הָעוֹלָם וְעַד סוֹפוֹ?! שֵׁב בְּנִי, שֵׁב, כְּמוֹתְךָ יִרְבּוּ בְּיִשְׂרָאֵל!״
הִתְחִילוּ מְסַבְּבִים אוֹתוֹ בַּהֲלָכוֹת, עַד שֶׁהִגִּיעוּ לְצָרַת הַבַּת. אֲמַרוּ לוֹ, ״צָרַת הַבַּת מַהוּ?״ אָמַר לָהֶן, ״מַחְלוֹקֶת בֵּית שַׁמַּאי וּבֵית הִלֵּל.״ ״הֲלָכָה כְּדִבְרֵי מִי?״ אָמַר לָהֶן, ״הֲלָכָה כְּבֵית הִלֵּל.״ אָמְרוּ לוֹ, ״וַהֲלֹא מִשִּׁמְךָ אָמְרוּ הֲלָכָה כְּבֵית שַׁמַּאי?״ אָמַר לָהֶם, ״דּוֹסָא שְׁמַעְתֶּם אוֹ בֶּן הַרְכִּינָס שְׁמַעְתֶּם?״ אֲמַרוּ לוֹ, ״חַיֵּי רַבִּי, סְתָם שָׁמַעְנוּ.״ אָמַר לָהֶם, ״אָח קָטָן יֵשׁ לִי - בְּכוֹר שָׂטָן הוּא - וְיוֹנָתָן שְׁמוֹ, וְהוּא מִתַּלְמִידֵי שַׁמַּאי. וְהִזָּהֲרוּ שֶׁלֹּא יְקַפֵּחַ אֶתְכֶם בַּהֲלָכוֹת לְפִי שֶׁיֵּשׁ עִמּוֹ שְׁלֹשׁ מֵאוֹת תְּשׁוּבוֹת בְּצָרַת הַבַּת שֶׁהִיא מוּתֶּרֶת, אֲבָל מֵעִיד אֲנִי עָלַי שָׁמַיִם וָאָרֶץ שֶׁעַל מְדוֹכָה זוֹ יָשַׁב חַגַּי הַנָּבִיא...צָרַת הַבַּת אֲסוּרָה...״ תַּנָּא: כְּשֶׁנִּכְנְסוּ, נִכְנְסוּ בְּפֶתַח אֶחָד. כְּשֶׁיָּצְאוּ, יָצְאוּ בִּשְׁלֹשָׁה פְּתָחִים. פָּגַע בּוֹ בְּרַבִּי עֲקִיבָא, אַקְשִׁי לֵיהּ וְאוֹקְמֵיהּ. אָמַר לוֹ, ״אַתָּה הוּא עֲקִיבָא שֶׁשִּׁמְךָ הוֹלֵךְ מִסּוֹף הָעוֹלָם וְעַד סוֹפוֹ? אַשְׁרֶיךָ שֶׁזָּכִיתָ לְשֵׁם, וַעֲדַיִין לֹא הִגַּעְתָּ לְרוֹעֵי בָקָר. אָמַר לוֹ רַבִּי עֲקִיבָא: וַאֲפִילּוּ לְרוֹעֵי צֹאן.
§ Since the last source is only part of a larger incident, the Gemara cites the matter itself. In the time of Rabbi Dosa ben Harkinas the Sages permitted the rival wife of a daughter to the brothers. In other words, it became known that Rabbi Dosa ben Harkinas deemed permitted a daughter’s rival wife. And this matter was difficult in the eyes of the Rabbis because he was a great Sage and his decision in favor of Beit Shammai carried great weight. They could not approach him immediately, as he was very old and his eyes had dimmed so much that he was incapable of coming to the study hall. They said: And who will go and notify him that this matter requires clarification? Rabbi Yehoshua said to them: I will go. They asked: And who shall go after him? They selected Rabbi Elazar ben Azarya, who was one of the great Sages of the generation, notwithstanding his youth. They further inquired: And who after him? Rabbi Akiva. They went and stood at the entrance of Rabbi Dosa ben Harkinas’s house. His maidservant entered and said to him: Rabbi, the Sages of Israel have come to you. He said to her: Let them enter, and they entered. Rabbi Dosa ben Harkinas grabbed Rabbi Yehoshua, with whom he was already acquainted, and sat him on a bed of gold, as Rabbi Dosa was extremely wealthy. Rabbi Yehoshua said to him: Rabbi, call your other disciple so that he may sit. He asked him to call the other Sage as well, as it is a mark of respect when speaking to a great scholar to call every other Sage his disciple. He said to him: Who is it? Rabbi Yehoshua replied: Rabbi Elazar ben Azarya. Rabbi Dosa said: And does our colleague Azarya have a son? Due to his old age and prolonged absence from the study hall he had not heard of him. Rabbi Dosa ben Harkinas recited this verse about Rabbi Elazar ben Azarya: “I have been young, and now am old; yet I have not seen the righteous forsaken, nor his seed begging bread” (Psalms 37:25). He interpreted this verse to mean that the son of a Torah scholar also becomes a Torah scholar. He grabbed him and sat him on a bed of gold. Rabbi Yehoshua said to him: Rabbi, call your other disciple so that he may sit. He said to him: Who is that? He said to him: Akiva ben Yosef. Rabbi Dosa said to him: You are Akiva ben Yosef, whose name has spread from one end of the world to the other? Even Rabbi Dosa had heard of Rabbi Akiva’s reputation as a great man. Sit, my son, sit. May the likes of you multiply in Israel. Out of courtesy, they did not wish to broach the subject immediately. Rather, they began to encircle him with deliberations on different halakhot, until they came to the case of the rival wife of a daughter. They said to him: What is the halakha with regard to the rival wife of a daughter? He said that it is a matter of dispute between Beit Shammai and Beit Hillel. They asked him: According to whose statement is the halakha? He said to them: The halakha is in accordance with the opinion of Beit Hillel. They said to him: But didn’t they say in your name that the halakha is in accordance with the opinion of Beit Shammai? He said to them: Did you hear that Dosa ben Harkinas issued this ruling, or did you hear that it was stated by ben Harkinas? They said to him: On your life, Rabbi, we heard simply ben Harkinas. He said to them: If so, it is no wonder, as I have a younger brother who is the firstborn of the Satan, i.e., he is extremely sharp and as brazen as a demon. And his name is Yonatan, and he is among the disciples of Shammai. It is he who issued this ruling. Rabbi Dosa ben Harkinas added: And beware that he not batter you with halakhot in this matter, as he has with him three hundred proofs with regard to the rival wife of a daughter that she is permitted. However, you need not worry about the issue itself, as I call as witnesses before me the heavens and the earth that on this very mortar, which was preserved in my house due to its historical importance, Haggai the prophet sat, and I have a tradition that he said three matters of halakha: First, that the rival wife of a daughter is forbidden. Second, that the halakhic rulings for the territories of Ammon and Moab in Transjordan, although similar to those of Eretz Yisrael, are not exactly the same, as their residents tithe the poor man’s tithe in the Sabbatical Year. The total abandonment of fields in the seventh year does not apply in Ammon and Moab, as they are not part of Eretz Yisrael. Instead, in those areas one must bring the poor man’s tithe to the paupers of Eretz Yisrael, as there are no tithes in Eretz Yisrael in the Sabbatical Year. Lastly, Haggai testified: And one accepts converts from the Karduyin and the Tarmodim, without concern that there might be Jews mingled among them, which could render them mamzerim and prohibited from entering the community. The Sage taught: When they entered, they all entered through one entrance. When they left, they left through three entrances, in an effort to try to find Rabbi Dosa’s brother. Rabbi Akiva encountered him. Yonatan ben Harkinas raised against him all of his objections to the opinion of Beit Hillel, and he withstood him, i.e., Rabbi Akiva was able to respond to all of them. Yonatan ben Harkinas grew angry and said to him: You are Akiva ben Yosef, whose name has spread from one end of the world to the other? Be happy that you have merited a great name, and yet you have not yet reached the level of cattle herders. Cattle herders were generally simple individuals who were not familiar even with ordinary matters, and certainly not with halakha. Rabbi Akiva said to him with characteristic modesty: And I have not even reached the level of shepherds, who are considered even worse than cattle herders, as they are unfit for giving testimony.
רִבִּי יַעֲקֹב בַּר אִידִי בְשֵׁם רִבִּי יְהוֹשֻׁעַ בֶּן לֵוִי: מַעֲשֶׂה שֶׁנִּכְנְסוּ זְקֵינִים אֵצֶל רִבִּי דוֹסָא בֶּן הֻרְכֵּינֹס לִשְׁאוֹל לוֹ עַל צָרַת הַבַּת. אָֽמְרוּ לוֹ, ״אַתְּ הוּא שֶׁאַתְּ מַתִּיר בְּצָרוֹת?״ אַמָר לוֹן, ״מַה שְׁמַעְתּוֹן? דוֹסָא בֶּן הֻרְכֵּינֹס?״ אָֽמְרוּ לוֹ, ״בֶּן הֻרְכֵּינֹס.״ אָמַר לוֹן, ״יוֹנָתָן אָחִי הֲוָה בְּכוֹר שָׂטָן הֲוָה, וּמִתַּלְמִידֵי בֵית שַׁמַּי. הִיזָּהֵרוּ מִמֶּנּוּ, שְׁלֹשׁ מֵאוֹת תְּשׁוּבוֹת יֶשׁ לוֹ עַל צָרַת הַבַּת.״ אָֽזְלוֹן לְגַבֵּיהּ, שָׁלַח וְכָתַב לֵיהּ: הִיזָּהֵר שֶׁחַכְמֵי יִשְׂרָאֵל נִכְנָסִין אֶצְלָךְ. עָלוֹן וְיָתִיב לָהֶן קוֹמוֹי, הֲוָה מַסְבִּיר לְהוֹן וְלָא סָֽבְרִין, מִיסְבַּר לְהוֹן וְלָא סָֽבְרִין, שַׁרְייָן מִתְנַמְנְמִין. אָמַר לָהֶן, ״מַה אַתּוּן מִתְנַמְנְמִין?!״ שָׁרֵי מִישְׁדֵּי עֲלֵיהוֹן צְרִירִין, וְאִית דָּֽמְרִין, ״בְּחַד תְּרַע עָלוֹן וּבִתְלָתָא נָֽפְקִין.״ שָׁלַח אָמַר לֵיהּ, ״מַה שָׁלַחְתָּ לִי בְּנֵי נַשׁ בָּעוֹ מֵילַף וְאָמַרְתָּ לִי אִינּוּן חַכְמֵי יִשְׂרָאֵל?!״ אָתוֹ לְגַבֵּיהּ, אָֽמְרוּן לֵיהּ, ״אַתְּ מַה אַתְּ אָמַר?״ אָמַר לָהֶן, ״עַל הַמְּדוֹכָה הַזֹּאת יָשַׁב חַגַּי הַנָּבִיא וְהֵעִיד שְׁלֹשָׁה דְבָרִים: עַל צָרַת הַבַּת שֶׁתִּינָּשֵׂא לִכְהוּנָּה...״ תָּלוֹן עֵינַיי דְנֵיחְמֵי לְחַכְמֵי יִשְׂרָאֵל, רָאָה אֶת רִבִּי יְהוֹשֻׁעַ וְקָרָא עָלָיו ״אֶת מִי יוֹרֶה דֵיעָה? זָכוּר אֲנִי שֶׁהָֽיְתָה אִמּוֹ מוֹלֶכֶת עֲרִיסָתוֹ לְבֵית הַכְּנֶסֶת בִּשְׁבִיל שֶׁיִּתְדַּבְּקוּ אָזְנָיו בְּדִבְרֵי תוֹרָה.״ אֶת רִבִּי עֲקִיבָה וְקָרָא עָלָיו ״כְּפִירִים רָשׁוּ וְרָעֵבוּ. מַכִּירוֹ אֲנִי שֶׁאָדָם גִיבּוֹר בַּתּוֹרָה הוּא.״ רָאָה אֶת רִבִּי לָֽעְזָר בֶּן עֲזַרְיָה וְקָרָא עָלָיו ״נַעַר הָיִיתִי וְגַם זָקַנְתִּי. מַכִּירוֹ אֲנִי שֶׁהוּא דוֹר עֲשִׂירִי לְעֶזְרָא וְעָינוֹי דָֽמְייָן לְדִידֵיהּ.״ אָמַר רִבִּי חֲנִינָה דְצִיפּוֹרִין, ״אַף רִבִּי טַרְפוֹן הָיָה עִמָּהֶן וְקָרָא עָלָיו הָדָא דְרִבִּי לָֽעְזָר בֶּן עֲזַרְיָה
Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: It happened that the Sages visited Rebbi Dosa ben Hyrkanos to ask him about the daughter’s co-wife. They said to him, are you the one who permits co-wives? He said to them, what did you hear? Dosa ben Hyrkanos? They said to him, ben Hyrkanos. He said to them, my brother Jonathan is exceedingly sharpminded and of the students of the House of Shammai. Be careful with him, he has three hundred arguments about the daughter’s co-wife. They went to him. He sent and wrote to him, be careful because the Sages of Israel will visit you. They came and he placed them before him. He lectured but they did not understand, repeatedly. They started to get drowsy. He said to them, why are you getting drowsy? He started pelting them with pebbles. But some people said, they entered in one door and left in three. He sent to say to him, why did you send to me, the people want to learn and you said to me, these are the Sages of Israel? They came to him and said to him, what do you say in the matter? He said, on this stone sat the prophet Ḥaggai and testified to three things: On the daughter’s co-wife that she can be married into priesthood...He said, lift my eyelids so I can see the Sages of Israel. He saw Rebbi Joshua and said to him: “To whom will one teach knowledge?” I remember that his mother brought his crib to the Synagogue that his ears should cling to the words of the Torah. [He saw] Rebbi Aqiba, and said to him: “Lion cubs will be poor and hungry.” I know of him that he is a man strong in Torah. He saw Rebbi Eleazar ben Azariah and said to him: “I was a youth but became an elder.” I know of him that he is the tenth generation from Ezra and their eyes are similar. Rebbi Ḥanina from Sepphoris said, Rebbi Tarphon also was with them and he addressed him as he did Rebbi Eleazar ben Azariah.
וְאֵלּוּ הֵן הַפְּסוּלִין, הַמְשַׂחֵק בְּקֻבְיָא, וְהַמַּלְוֶה בְרִבִּית, וּמַפְרִיחֵי יוֹנִים, וְסוֹחֲרֵי שְׁבִיעִית. אָמַר רַבִּי שִׁמְעוֹן, בִּתְחִלָּה הָיוּ קוֹרִין אוֹתָן אוֹסְפֵי שְׁבִיעִית, מִשֶּׁרַבּוּ הָאַנָּסִין, חָזְרוּ לִקְרוֹתָן סוֹחֲרֵי שְׁבִיעִית. אָמַר רַבִּי יְהוּדָה, אֵימָתַי, בִּזְמַן שֶׁאֵין לָהֶם אֻמָּנוּת אֶלָּא הִיא, אֲבָל יֵשׁ לָהֶן אֻמָּנוּת שֶׁלֹּא הִיא, כְּשֵׁרִין:
And these on the following list are the ones who are disqualified by the Sages from bearing witness due to their unseemly behavior, as they are considered wicked individuals guilty of monetary transgressions: One who plays with dice [bekubbiyya] for money, and one who lends money with interest, and those who fly pigeons, and merchants who trade in the produce of the Sabbatical Year, which may be eaten but may not be sold as an object of commerce. Rabbi Shimon said: Initially, people would call them: Gatherers of the produce of the Sabbatical Year. Once the tax collectors grew abundant they would then call them: Merchants who trade in the produce of the Sabbatical Year, as the Gemara will explain. Rabbi Yehuda said: When are the people listed above disqualified from bearing witness? It is when they have no occupation but this one. But if they have an occupation other than this one, although they also make money by these inappropriate means, they are fit to bear witness.
תָּנָא: עוֹד הוֹסִיפוּ עֲלֵיהֶן הָרוֹעִים, הַגַּבָּאִין, וְהַמּוֹכְסִין. רוֹעִים, מֵעִיקָּרָא סְבוּר אַקְרַאי בְּעָלְמָא הוּא. כֵּיוָן דַּחֲזוֹ דְּקָא מְכַוְּונִי וְשָׁדוּ לְכַתְּחִילָּה, גְּזַרוּ בְּהוּ רַבָּנַן...
§ It is taught in a baraita: The Sages further added the following to the list of those disqualified from bearing witness: The shepherds, who shepherd their animals in the fields of others and are therefore considered like robbers; the collectors of government taxes, who collect more than the amount that people are legally liable to pay; and the customs officials, who collect customs in an illegal manner. The Gemara explains: Shepherds were not disqualified at first, as the Sages initially assumed it was merely incidental that they would let their animals graze in the fields of others. When they realized that they would intentionally send the animals to the fields of others from the outset, the Sages issued a decree that they are disqualified from bearing witness...