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The Differences between the Houses of Hillel and Shammai

אמר רבי אבא אמר שמואל שלש שנים נחלקו בית שמאי ובית הלל הללו אומרים הלכה כמותנו והללו אומרים הלכה כמותנו יצאה בת קול ואמרה אלו ואלו דברי אלהים חיים הן והלכה כבית הלל וכי מאחר שאלו ואלו דברי אלהים חיים מפני מה זכו בית הלל לקבוע הלכה כמותן מפני שנוחין ועלובין היו ושונין דבריהן ודברי בית שמאי ולא עוד אלא שמקדימין דברי בית שמאי לדבריהן כאותה ששנינו מי שהיה ראשו ורובו בסוכה ושלחנו בתוך הבית בית שמאי פוסלין ובית הלל מכשירין אמרו בית הלל לבית שמאי לא כך היה מעשה שהלכו זקני בית שמאי וזקני בית הלל לבקר את רבי יוחנן בן החורנית ומצאוהו יושב ראשו ורובו בסוכה ושלחנו בתוך הבית אמרו להן בית שמאי אי משם ראיה אף הן אמרו לו אם כך היית נוהג לא קיימת מצות סוכה מימיך

but later reconsidered and did not divorce her, and a resident of his city found him and said: Your name is the same as my name, and your wife’s name is the same as my wife’s name, and we reside in the same town; give me the bill of divorce, and I will use it to divorce my wife, then this document is invalid to divorce with it? Apparently, a man may not divorce his wife with a bill of divorce written for another woman, and the same should apply to the scroll of a sota. The Gemara rejects this argument: How can you compare the two cases? There, with regard to a bill of divorce, it is written: “And he shall write for her” (Deuteronomy 24:1), and therefore we require writing it in her name, specifically for her; whereas here, with regard to a sota, it is written: “And he shall perform with her all this ritual” (Numbers 5:30), and therefore we require performance in her name. In her case, the performance is erasure; however, writing of the scroll need not be performed specifically for her. On the topic of Rabbi Meir and his Torah study, the Gemara cites an additional statement. Rabbi Aḥa bar Ḥanina said: It is revealed and known before the One Who spoke and the world came into being that in the generation of Rabbi Meir there was no one of the Sages who is his equal. Why then didn’t the Sages establish the halakha in accordance with his opinion? It is because his colleagues were unable to ascertain the profundity of his opinion. He was so brilliant that he could present a cogent argument for any position, even if it was not consistent with the prevalent halakha. As he would state with regard to a ritually impure item that it is pure, and display justification for that ruling, and likewise he would state with regard to a ritually pure item that it is impure, and display justification for that ruling. The Sages were unable to distinguish between the statements that were halakha and those that were not. It was taught in a baraita: Rabbi Meir was not his name; rather, Rabbi Nehorai was his name. And why was he called by the name Rabbi Meir? It was because he illuminates [meir] the eyes of the Sages in matters of the halakha. And Rabbi Nehorai was not the name of the tanna known by that name; rather, Rabbi Neḥemya was his name, and some say: Rabbi Elazar ben Arakh was his name. And why was he called by the name Rabbi Nehorai? It is because he enlightens [manhir] the eyes of the Sages in matters of the halakha. The Gemara relates that Rabbi Yehuda HaNasi said: The fact that I am more incisive than my colleagues is due to the fact that I saw Rabbi Meir from behind, i.e., I sat behind him when I was his student. Had I seen him from the front, I would be even more incisive, as it is written: “And your eyes shall see your teacher” (Isaiah 30:20). Seeing the face of one’s teacher increases one’s understanding and sharpens one’s mind. And the Gemara stated that Rabbi Abbahu said that Rabbi Yoḥanan said: Rabbi Meir had a disciple, and his name was Sumakhus, who would state with regard to each and every matter of ritual impurity forty-eight reasons in support of the ruling of impurity, and with regard to each and every matter of ritual purity forty-eight reasons in support of the ruling of purity. It was taught in a baraita: There was a distinguished disciple at Yavne who could with his incisive intellect purify the creeping animal, explicitly deemed ritually impure by the Torah, adducing one hundred and fifty reasons in support of his argument. Ravina said: I too will deliberate and purify it employing the following reasoning: And just as a snake that kills people and animals and thereby increases ritual impurity in the world, as a corpse imparts impurity through contact, through being carried, and by means of a tent, is ritually pure and transmits no impurity, a creeping animal that does not kill and does not increase impurity in the world, all the more so should it be pure. The Gemara rejects this: And it is not so; that is not a valid a fortiori argument, as it can be refuted. A snake is performing a mere act of a thorn. A thorn causes injury and even death; nevertheless, it is not ritually impure. The same applies to a snake, and therefore this a fortiori argument is rejected. Rabbi Abba said that Shmuel said: For three years Beit Shammai and Beit Hillel disagreed. These said: The halakha is in accordance with our opinion, and these said: The halakha is in accordance with our opinion. Ultimately, a Divine Voice emerged and proclaimed: Both these and those are the words of the living God. However, the halakha is in accordance with the opinion of Beit Hillel. The Gemara asks: Since both these and those are the words of the living God, why were Beit Hillel privileged to have the halakha established in accordance with their opinion? The reason is that they were agreeable and forbearing, showing restraint when affronted, and when they taught the halakha they would teach both their own statements and the statements of Beit Shammai. Moreover, when they formulated their teachings and cited a dispute, they prioritized the statements of Beit Shammai to their own statements, in deference to Beit Shammai. As in the mishna that we learned: In the case of one whose head and most of his body were in the sukka, but his table was in the house, Beit Shammai deem this sukka invalid; and Beit Hillel deem it valid. Beit Hillel said to Beit Shammai: Wasn’t there an incident in which the Elders of Beit Shammai and the Elders of Beit Hillel went to visit Rabbi Yoḥanan ben HaḤoranit, and they found him sitting with his head and most of his body in the sukka, but his table was in the house? Beit Shammai said to them: From there do you seek to adduce a proof? Those visitors, too, said to him: If that was the manner in which you were accustomed to perform the mitzva, you have never fulfilled the mitzva of sukka in all your days. It is apparent from the phrasing of the mishna that when the Sages of Beit Hillel related that the Elders of Beit Shammai and the Elders of Beit Hillel visited Rabbi Yoḥanan ben HaḤoranit, they mentioned the Elders of Beit Shammai before their own Elders. This is to teach you that anyone who humbles himself, the Holy One, Blessed be He, exalts him, and anyone who exalts himself, the Holy One, Blessed be He, humbles him. Anyone who seeks greatness, greatness flees from him, and, conversely, anyone who flees from greatness, greatness seeks him. And anyone who attempts to force the moment and expends great effort to achieve an objective precisely when he desires to do so, the moment forces him too, and he is unsuccessful. And conversely, anyone who is patient and yields to the moment, the moment stands by his side, and he will ultimately be successful. The Sages taught the following baraita: For two and a half years, Beit Shammai and Beit Hillel disagreed. These say: It would have been preferable had man not been created than to have been created. And those said: It is preferable for man to have been created than had he not been created. Ultimately, they were counted and concluded: It would have been preferable had man not been created than to have been created. However, now that he has been created, he should examine his actions that he has performed and seek to correct them. And some say: He should scrutinize his planned actions and evaluate whether or not and in what manner those actions should be performed, so that he will not sin. MISHNA: The cross beam, which the Sages stated may be used to render an alleyway fit for one to carry within it, must be wide enough to receive and hold a small brick. And this small brick is half a large brick, which measures three handbreadths, i.e., a handbreadth and a half. It is sufficient that the cross beam will be a handbreadth in width, not a handbreadth and a half, enough to hold a small brick across its width. And the cross beam must be wide enough to hold a small brick and also sturdy enough to hold a small brick and not collapse. Rabbi Yehuda says: If it is wide enough to hold the brick, even though it is not sturdy enough to actually support it, it is sufficient. Therefore, even if the cross beam is made of straw or reeds, one considers it as though it were made of metal. If the cross beam is curved, so that a small brick cannot rest on it, one considers it as though it were straight; if it is round, one considers it as though it were square. The following principle was stated with regard to a round cross beam: Any beam with a circumference of three handbreadths is a handbreadth in width, i.e., in diameter.
בֵּית שַׁמַּאי אוֹמְרִים, בָּעֶרֶב כָּל אָדָם יַטּוּ וְיִקְרְאוּ, וּבַבֹּקֶר יַעַמְדוּ, שֶׁנֶּאֱמַר (דברים ו) וּבְשָׁכְבְּךָ וּבְקוּמֶךָ. וּבֵית הִלֵּל אוֹמְרִים, כָּל אָדָם קוֹרֵא כְדַרְכּוֹ, שֶׁנֶּאֱמַר (שם) וּבְלֶכְתְּךָ בַדֶּרֶךְ. אִם כֵּן, לָמָּה נֶאֱמַר וּבְשָׁכְבְּךָ וּבְקוּמֶךָ, בְּשָׁעָה שֶׁבְּנֵי אָדָם שׁוֹכְבִים, וּבְשָׁעָה שֶׁבְּנֵי אָדָם עוֹמְדִים. אָמַר רַבִּי טַרְפוֹן, אֲנִי הָיִיתִי בָא בַדֶּרֶךְ, וְהִטֵּתִי לִקְרוֹת, כְּדִבְרֵי בֵית שַׁמַּאי, וְסִכַּנְתִּי בְעַצְמִי מִפְּנֵי הַלִּסְטִים. אָמְרוּ לוֹ, כְּדַי הָיִיתָ לָחוּב בְּעַצְמְךָ, שֶׁעָבַרְתָּ עַל דִּבְרֵי בֵית הִלֵּל:
The school of Shammai says: In the evening all people should recline and recite [Shema], and in the morning they should stand, since it says [in the verse (Deut. 6:7)], “And when you lie down and when you arise.” But the school of Hillel says: Each person may recite it in his usual way (posture), since it says (ibid.), “And when you walk on the road.” If so, why does it say “and when you lie down and when you arise”? —[It means:] at the time when people are lying down, and at the time when people are arising. Said Rabbi Tarfon: “I was once traveling on the road, and I reclined to recite [Shema] in accordance with the view of the school of Shammai, and [by doing so] I put myself in danger of [attack by] bandits.” They [the other Sages] said to him: “You would have deserved to be guilty for your own fate, since you went against the view of the school of Hillel.”

(א) אֵלּוּ דְבָרִים מִקֻּלֵּי בֵית שַׁמַּאי וּמֵחֻמְרֵי בֵית הִלֵּל. בֵּיצָה שֶׁנּוֹלְדָה בְיוֹם טוֹב, בֵּית שַׁמַּאי אוֹמְרִים, תֵּאָכֵל. וּבֵית הִלֵּל אוֹמְרִים, לֹא תֵאָכֵל. בֵּית שַׁמַּאי אוֹמְרִים, שְׂאֹר בְּכַזַּיִת וְחָמֵץ בְּכַכּוֹתֶבֶת. וּבֵית הִלֵּל אוֹמְרִים, זֶה וָזֶה בְּכַזָּיִת:

(1) The following are instances where Beit Shammai is more lenient and Beit Hillel is more strict: An egg which was laid on a festival, Beit Shammai says: It may be eaten. And Beit Hillel says: It may not be eaten. Beit Shammai says: [A person is liable for a violation of Passover eating prohibitions] with an olive-sized [portion] of yeast and a date-sized [portion] of leavened product. Beit Hillel says: With an olive-sized portion [each] of [yeast] and [leavened product].

(ג) כֶּרֶם רְבָעִי, בֵּית שַׁמַּאי אוֹמְרִים, אֵין לוֹ חֹמֶשׁ וְאֵין לוֹ בִעוּר. וּבֵית הִלֵּל אוֹמְרִים, יֶשׁ לוֹ. בֵּית שַׁמַּאי אוֹמְרִים, יֶשׁ לוֹ פֶרֶט וְיֶשׁ לוֹ עוֹלְלוֹת, וְהָעֲנִיִּים פּוֹדִין לְעַצְמָן. וּבֵית הִלֵּל אוֹמְרִים, כֻּלּוֹ לַגָּת:

(3) [Regarding] Kerem Revai: Beit Shammai says it does not require an extra fifth [when redeemed] and it does not require removal. Beit Hillel says it does. Beit Shammai says it requires Peret [fallen grapes given to the poor] and Olelot [grapes that do not grow in clusters and are given to the poor], and the poor redeem it for themselves.Beit Hillel says that all of it goes to the wine press.

בֵּית שַׁמַּאי אוֹמְרִים, אֵין מְמָאֲנִין אֶלָּא אֲרוּסוֹת. וּבֵית הִלֵּל אוֹמְרִים, אֲרוּסוֹת וּנְשׂוּאוֹת. בֵּית שַׁמַּאי אוֹמְרִים, בַּבַּעַל וְלֹא בַיָּבָם. וּבֵית הִלֵּל אוֹמְרִים, בַּבַּעַל וּבַיָּבָם. בֵּית שַׁמַּאי אוֹמְרִים, בְּפָנָיו. וּבֵית הִלֵּל אוֹמְרִים, בְּפָנָיו וְשֶׁלֹּא בְפָנָיו. בֵּית שַׁמַּאי אוֹמְרִים, בְּבֵית דִּין. וּבֵית הִלֵּל אוֹמְרִים, בְּבֵית דִּין וְשֶׁלֹּא בְבֵית דִּין. אָמְרוּ לָהֶן בֵּית הִלֵּל לְבֵית שַׁמַּאי, מְמָאֶנֶת וְהִיא קְטַנָּה, אֲפִלּוּ אַרְבָּעָה וַחֲמִשָּׁה פְעָמִים. אָמְרוּ לָהֶן בֵּית שַׁמַּאי, אֵין בְּנוֹת יִשְׂרָאֵל הֶפְקֵר, אֶלָּא מְמָאֶנֶת וּמַמְתֶּנֶת עַד שֶׁתַּגְדִּיל, וּתְמָאֵן וְתִנָּשֵׂא:
Beit Shammai say: Only betrothed girls may refuse [exercise the right of refusal when married off by their mothers and brothers‎]; but Beit Hillel say: [Both] betrothed and married girls [may refuse]. Beit Shammai say: [Refusal only applies] with a husband and not with a Yavam [one upon whom has fallen the obligation to perform Levirate marriage]; but Beit Hillel say: [Refusal applies both] with a husband and with a Yavam. Beit Shammai say: [Refusal takes effect when done] in his presence; but Beit Hillel say: [Refusal takes effect when done either] in his presence or in his absence. Beit Shammai say: [Refusal must be stated] in a court; but Beit Hillel say: [Refusal can be stated either] in a court or outside a court. Beit Hillel said to Beit Shammai: A girl may refuse [exercise refusal] as a minor even four or five times. Beit Shammai said to them: The daughters of Israel are not to be treated as chattel, rather she may refuse and then wait to attain majority, or refuse and be married.

(ב) הַמַּרְעִיד אֶת הָאִילָן לְהַשִּׁיר מִמֶּנּוּ אֳכָלִין אוֹ אֶת הַטֻּמְאָה, אֵינָן בְּכִי יֻתַּן. לְהַשִּׁיר מִמֶּנּוּ מַשְׁקִין, בֵּית שַׁמַּאי אוֹמְרִים, הַיּוֹצְאִין וְאֶת שֶׁבּוֹ, בְּכִי יֻתַּן. בֵּית הִלֵּל אוֹמְרִים, הַיּוֹצְאִין, בְּכִי יֻתַּן, וְאֶת שֶׁבּוֹ, אֵינָן בְּכִי יֻתַּן, מִפְּנֵי שֶׁהוּא מִתְכַּוֵּן שֶׁיֵּצְאוּ מִכֻּלּוֹ:

(2) [If] one shakes a tree in order to detach food from it, or to dislodge an impure object, that does not achieve BeKhi Yutan. [If one acts] to detach liquids, Beit Shammai say: What emerges from it and what [remains] in it [which subsequently falls] achieve BeKhi Yutan. Beit Hillel say: What emerges from it achieves BeKhi Yutan, but what [remains] in it does not achieve BeKhi Yutan, because he intends that all [the water] should emerge from it [the tree].

(יב) יוֹעֶזֶר אִישׁ הַבִּירָה הָיָה מִתַּלְמִידֵי בֵּית שַׁמַּאי, וְאָמַר, שָׁאַלְתִּי אֶת רַבָּן גַּמְלִיאֵל הַזָּקֵן עוֹמֵד בְּשַׁעַר הַמִּזְרָח, וְאָמַר, לְעוֹלָם אֵינוֹ אוֹסֵר, עַד שֶׁיְּהֵא בּוֹ כְדֵי לְחַמֵּץ:

(12) Yoezer, a man of Birah, was one of the disciples of the House of Shammai, and he said, I asked Rabban Gamliel the Elder, as he was standing at the Eastern Gate, and he said, regardless of whether the forbidden fell in first, or last, never does the dough become prohibited, unless there is a sufficient amount to cause fermentation on its own.

אַף עַל פִּי שֶׁאֵלּוּ אוֹסְרִין וְאֵלּוּ מַתִּירִין, אֵלּוּ פּוֹסְלִין וְאֵלּוּ מַכְשִׁירִין, לֹא נִמְנְעוּ בֵּית שַׁמַּאי מִלִּשָּׂא נָשִׁים מִבֵּית הִלֵּל, וְלֹא בֵית הִלֵּל מִבֵּית שַׁמַּאי. כָּל הַטָּהֳרוֹת וְהַטֻּמְאוֹת שֶׁהָיוּ אֵלּוּ מְטַהֲרִין וְאֵלּוּ מְטַמְּאִין, לֹא נִמְנְעוּ עוֹשִׂין טָהֳרוֹת אֵלּוּ עַל גַּבֵּי אֵלּוּ:

Even though these [one school] prohibit and these [the other school] permit, these disqualify and these allow, Beit Shammai did not refrain from marrying women from Beit Hillel, nor did Beit Hillel [refrain from marrying women] from Beit Shammai. [With regard to] purity and impurity where these ruled [a matter] pure and these ruled [it] impure, they did not refrain from using [utensils] the other deemed pure.

בֵּית שַׁמַּאי אוֹמְרִים, תִּנָּשֵׂא וְתִטֹּל כְּתֻבָּתָהּ. בֵּית הִלֵּל אוֹמְרִים, תִּנָּשֵׂא וְלֹא תִטֹּל כְּתֻבָּתָהּ. אָמְרוּ לָהֶן בֵּית שַׁמַּאי, הִתַּרְתֶּם עֶרְוָה חֲמוּרָה, לֹא תַתִּירוּ אֶת מָמוֹן הַקַּל. אָמְרוּ לָהֶן בֵּית הִלֵּל, מָצִינוּ שֶׁאֵין הָאַחִים נִכְנָסִים לַנַּחֲלָה עַל פִּיהָ. אָמְרוּ לָהֶם בֵּית שַׁמַּאי, וַהֲלֹא מִסֵּפֶר כְּתֻבָּתָהּ נִלְמֹד, שֶׁהוּא כוֹתֵב לָהּ, שֶׁאִם תִּנָּשְׂאִי לְאַחֵר, תִּטְּלִי מַה שֶׁכָּתוּב לִיכִי. וְחָזְרוּ בֵית הִלֵּל לְהוֹרוֹת כְּדִבְרֵי בֵית שַׁמָּאי:
Beit Shammai say: [The woman who reports her husband's death] may marry and collect her Ketubah [a monetary settlement payable to a woman upon divorce or the death of her husband]. Beit Hillel say: She may marry but does not collect her Ketubah. Beit Shammai said to them: You allow the stringent Ervah [forbidden union], will you not allow the lenient monetary issue? Beit Hillel said to them: We find that brothers do not inherit based on her word. Beit Shammai said to them: Alas, we learn from the text of the Ketubah that he writes for her, "That if you marry somebody else you may collect what is written for you". And Beit Hillel retracted to teach according to Beit Shammai.