Rabbi Elazar Ben Azariah

It happened once [on Pesach] that Rabbi Eliezer, Rabbi Yehoshua, Rabbi Elazar ben Azariah, Rabbi Akiva and Rabbi Tarfon were reclining in Bnei Brak and were telling the story of the exodus from Egypt that whole night, until their students came and said to them, "The time of [reciting] the morning Shema has arrived."

Rabbi Elazar ben Azariah said, "Behold I am like a man of seventy years and I have not merited [to understand why] the exodus from Egypt should be said at night until Ben Zoma explicated it, as it is stated (Deuteronomy 16:3), 'In order that you remember the day of your going out from the land of Egypt all the days of your life;' 'the days of your life' [indicates that the remembrance be invoked during] the days, 'all the days of your life' [indicates that the remembrance be invoked also during] the nights." But the Sages say, "'the days of your life' [indicates that the remembrance be invoked in] this world, 'all the days of your life' [indicates that the remembrance be invoked also] in the days of the Messiah."

(8) Rabban Gamliel had a diagram of the different forms of the moon drawn on a tablet that hung on the wall of his attic, which he would show to the laymen who came to testify about the new moon but were unable to describe adequately what they had seen. And he would say to them: Did you see a form like this or like this? There was an incident in which two witnesses came to testify about the new moon, and they said: We saw the waning moon in the morning in the east, and that same day we saw the new moon in the evening in the west. Rabbi Yoḥanan ben Nuri said: They are false witnesses, as it is impossible to see the new moon so soon after the last sighting of the waning moon. However, when they arrived in Yavne, Rabban Gamliel accepted them as witnesses without concern. And there was another incident in which two witnesses came and said: We saw the new moon at its anticipated time, i.e., on the night of the thirtieth day of the previous month; however, on the following night, i.e., the start of the thirty-first, which is often the determinant of a full, thirty-day month, it was not seen. And nevertheless Rabban Gamliel accepted their testimony and established the New Moon on the thirtieth day. Rabbi Dosa ben Horkinas disagreed and said: They are false witnesses; how can witnesses testify that a woman gave birth and the next day her belly is between her teeth, i.e., she is obviously still pregnant? If the new moon was already visible at its anticipated time, how could it not be seen a day later? Rabbi Yehoshua said to him: I see the logic of your statement; the New Moon must be established a day later.

(9) Upon hearing that Rabbi Yehoshua had challenged his ruling, Rabban Gamliel sent a message to him: I decree against you that you must appear before me with your staff and with your money on the day on which Yom Kippur occurs according to your calculation; according to my calculation, that day is the eleventh of Tishrei, the day after Yom Kippur. Rabbi Akiva went and found Rabbi Yehoshua distressed that the head of the Great Sanhedrin was forcing him to desecrate the day that he maintained was Yom Kippur. In an attempt to console him, Rabbi Akiva said to Rabbi Yehoshua: I can learn from a verse that everything that Rabban Gamliel did in sanctifying the month is done, i.e., it is valid. As it is stated: “These are the appointed seasons of the Lord, sacred convocations, which you shall proclaim in their season” (Leviticus 23:4). This verse indicates that whether you have proclaimed them at their proper time or whether you have declared them not at their proper time, I have only these Festivals as established by the representatives of the Jewish people. Rabbi Yehoshua then came to Rabbi Dosa ben Horkinas, who said to him: If we come to debate and question the rulings of the court of Rabban Gamliel, we must debate and question the rulings of every court that has stood from the days of Moses until now. As it is stated: “Then Moses went up, and Aaron, Nadav and Avihu, and seventy of the Elders of Israel” (Exodus 24:9). But why were the names of these seventy Elders not specified? Rather, this comes to teach that every set of three judges that stands as a court over the Jewish people has the same status as the court of Moses. Since it is not revealed who sat on that court, apparently it is enough that they were official judges in a Jewish court. When Rabbi Yehoshua heard that even Rabbi Dosa ben Horkinas maintained that they must submit to Rabban Gamliel’s decision, he took his staff and his money in his hand, and went to Yavne to Rabban Gamliel on the day on which Yom Kippur occurred according to his own calculation. Upon seeing him, Rabban Gamliel stood up and kissed him on his head. He said to him: Come in peace, my teacher and my student. You are my teacher in wisdom, as Rabbi Yehoshua was wiser than anyone else in his generation, and you are my student, as you accepted my statement, despite your disagreement.

We learned in the mishna: The evening prayer may be recited throughout the night and is not fixed to a specific hour. The Gemara asks: What is the meaning of is not fixed? If you say that if one wishes, he may pray throughout the night, then let the mishna teach: The evening prayer may be recited throughout the night. Rather, what is the meaning of not fixed? It is in accordance with the opinion of the one who said: The evening prayer is optional. As Rav Yehuda said that Shmuel said with regard to the evening prayer. Rabban Gamliel says: It is obligatory. Rabbi Yehoshua says: It is optional. Abaye said: The halakha is in accordance with the statement of the one who said: The evening prayer is obligatory. Rava said: The halakha is in accordance with the statement of the one who said: The evening prayer is optional. The Sages taught: There was an incident involving a student, who came before Rabbi Yehoshua. The student said to him: Is the evening prayer optional or obligatory? Rabbi Yehoshua said to him: Optional. The same student came before Rabban Gamliel and said to him: Is the evening prayer optional or obligatory? Rabban Gamliel said to him: Obligatory. The student said to Rabban Gamliel: But didn’t Rabbi Yehoshua tell me that the evening prayer is optional? Rabban Gamliel said to the student: Wait until the “masters of the shields,” a reference to the Torah scholars who battle in the war of Torah, enter the study hall, at which point we will discuss this issue. When the masters of the shields entered, the questioner stood before everyone present and asked: Is the evening prayer optional or obligatory? Rabban Gamliel said to him: Obligatory. In order to ascertain whether or not Rabbi Yehoshua still maintained his opinion, Rabban Gamliel said to the Sages: Is there any person who disputes this matter? Rabbi Yehoshua said to him: No, no one disagrees. In deference to the Nasi, he did not wish to argue with him publicly (Tziyyun LeNefesh Ḥayya). Rabban Gamliel said to Rabbi Yehoshua: But was it not in your name that they told me that the evening prayer is optional? Rabban Gamliel said to Rabbi Yehoshua: Yehoshua, stand on your feet and they will testify against you. Rabbi Yehoshua stood on his feet and said: If I were alive and the student were dead, the living can contradict the dead, and I could deny issuing that ruling. Now that I am alive and he is alive, how can the living contradict the living? I have no choice but to admit that I said it. In the meantime, Rabban Gamliel, as the Nasi, was sitting and lecturing, and Rabbi Yehoshua all the while was standing on his feet, because Rabban Gamliel did not instruct him to sit. He remained standing in deference to the Nasi. This continued for some time, until it aroused great resentment against Rabban Gamliel, and all of the people assembled began murmuring and said to Ḥutzpit the disseminator: Stop conveying Rabban Gamliel’s lecture. And he stopped. The Gemara relates that in their murmuring they said: How long will Rabban Gamliel continue afflicting him? Last year on Rosh HaShana, he afflicted him; Rabban Gamliel ordered Rabbi Yehoshua to come to him carrying his staff and bag, on the day on which Yom Kippur occurred, according to Rabbi Yehoshua’s calculations. Regarding the firstborn, in the incident involving the question of Rabbi Tzadok, he afflicted him just as he did now, and forced him to remain standing as punishment for his failure to defend his differing opinion. Here too, he is afflicting him. Let us remove him from his position as Nasi. It was so agreed, but the question arose: Who shall we establish in his place? Shall we establish Rabbi Yehoshua in his place? The Sages rejected that option because Rabbi Yehoshua was party to the incident for which Rabban Gamliel was deposed. Appointing him would be extremely upsetting for Rabban Gamliel. Shall we establish Rabbi Akiva in his place? The Sages rejected that option because Rabbi Akiva, who descended from a family of converts, would be vulnerable. Perhaps due to Rabban Gamliel’s resentment he would cause him to be divinely punished as he lacks the merit of his ancestors to protect him.

Rather, suggested the Sages, let us establish Rabbi Elazar ben Azarya

(2) Anything which disqualifies terumah defiles hands with a second degree of uncleanness. One [unwashed] hand defiles the other hand, the words of Rabbi Joshua. But the sages say: that which has second degree of uncleanness cannot convey second degree of uncleanness. He said to them: But do not the Holy Scriptures which have second degree of uncleanness defile the hands? They said to him: the laws of the Torah may not be argued from the laws of the scribes, nor may the laws of the scribes be argued from the laws of the Torah, nor may the laws of the scribes be argued from [other] laws of the scribes.

(3) The straps of the tefillin [when connected] with the tefillin [boxes] defile the hands. Rabbi Shimon says: the straps of the tefillin do not defile the hands.

(4) The margin on a scroll which is above or below or at the beginning or at the end defiles the hands. Rabbi Judah says: the margin at the end does not render unclean [the hands] until a handle is fastened to it.

(5) A scroll on which the writing has become erased and eighty-five letters remain, as many as are in the section beginning, "And it came to pass when the ark set forward" (Numbers 10:35-36) defiles the hands. A single sheet on which there are written eighty-five letters, as many as are in the section beginning, "And it came to pass when the ark set forward", defiles the hands. All the Holy Scriptures defile the hands. The Song of Songs and Kohelet (Ecclesiastes) defile the hands. Rabbi Judah says: the Song of Songs defiles the hands, but there is a dispute about Kohelet. Rabbi Yose says: Kohelet does not defile the hands, but there is a dispute about the Song of Songs. Rabbi Shimon says: [the ruling about] Kohelet is one of the leniencies of Bet Shammai and one of the stringencies of Bet Hillel. Rabbi Shimon ben Azzai said: I have received a tradition from the seventy-two elders on the day when they appointed Rabbi Elazar ben Azariah head of the academy that the Song of Songs and Kohelet defile the hands. Rabbi Akiba said: Far be it! No man in Israel disputed that the Song of Songs [saying] that it does not defile the hands. For the whole world is not as worthy as the day on which the Song of Songs was given to Israel; for all the writings are holy but the Song of Songs is the holy of holies. If they had a dispute, they had a dispute only about Kohelet. Rabbi Yohanan ben Joshua the son of the father-in-law of Rabbi Akiva said in accordance with the words of Ben Azzai: so they disputed and so they reached a decision.

(1) On that day the votes were counted and they decided that a footbath holding from two logs to nine kavs which was cracked could contract midras uncleanness. Because Rabbi Akiva said a footbath [must be considered] according to its designation.

(2) On that day they said: all animal sacrifices which have been sacrificed under the name of some other offering are [nevertheless] valid, but they are not accounted to their owners as a fulfillment of their obligations, with the exception of the pesah and the sin-offering. [This is true of] the pesah in its correct time and the sin-offering at any time. Rabbi Eliezer says: [with the exception] also of the guilt-offering; [so that this refers to] the pesah in its correct time and to the sin- and guilt-offerings at any time. Rabbi Shimon ben Azzai said: I received a tradition from the seventy-two elders on the day when they appointed Rabbi Elazar ben Azariah head of the college that all animal sacrifices which are eaten and which have not been sacrificed under their own name are nevertheless valid, but they are not accounted to their owners as a fulfillment of their obligations, with the exception of the pesah and the sin-offering. Ben Azzai only added [to these exceptions] the wholly burnt-offering, but the sages did not agree with him.

(3) On that day they said: what is the law applying to Ammon and Moab in the seventh year? Rabbi Tarfon decreed tithe for the poor. And Rabbi Elazar ben Azariah decreed second tithe. Rabbi Ishmael said: Elazar ben Azariah, you must produce your proof because you are expressing the stricter view and whoever expresses a stricter view has the burden to produce the proof. Rabbi Elazar ben Azariah said to him: Ishmael, my brother, I have not deviated from the sequence of years, Tarfon, my brother, has deviated from it and the burden is upon him to produce the proof. Rabbi Tarfon answered: Egypt is outside the land of Israel, Ammon and Moab are outside the land of Israel: just as Egypt must give tithe for the poor in the seventh year, so must Ammon and Moab give tithe for the poor in the seventh year. Rabbi Elazar ben Azariah answered: Babylon is outside the land of Israel, Ammon and Moab are outside the land of Israel: just as Babylon must give second tithe in the seventh year, so must Ammon and Moab give second tithe in the seventh year. Rabbi Tarfon said: on Egypt which is near, they imposed tithe for the poor so that the poor of Israel might be supported by it during the seventh year; so on Ammon and Moab which are near, we should impose tithe for the poor so that the poor of Israel may be supported by it during the seventh year. Rabbi Elazar ben Azariah said to him: Behold, you are like one who would benefit them with gain, yet you are really as one who causes them to perish. Would you rob the heavens so that dew or rain should not descend? As it is said, "Will a man rob God? Yet you rob me. But you: How have we robbed You? In tithes and heave-offerings" (Malakhi 3:8). Rabbi Joshua said: Behold, I shall be as one who replies on behalf of Tarfon, my brother, but not in accordance with the substance of his arguments. The law regarding Egypt is a new act and the law regarding Babylon is an old act, and the law which is being argued before us is a new act. A new act should be argued from [another] new act, but a new act should not be argued from an old act. The law regarding Egypt is the act of the elders and the law regarding Babylon is the act of the prophets, and the law which is being argued before us is the act of the elders. Let one act of the elders be argued from [another] act of the elders, but let not an act of the elders be argued from an act of the prophets. The votes were counted and they decided that Ammon and Moab should give tithe for the poor in the seventh year. And when Rabbi Yose ben Durmaskit visited Rabbi Eliezer in Lod he said to him: what new thing did you have in the house of study today? He said to him: their votes were counted and they decided that Ammon and Moab must give tithe for the poor in the seventh year. Rabbi Eliezer wept and said: "The counsel of the Lord is with them that fear him: and his covenant, to make them know it" (Psalms 25:14). Go and tell them: Don't worry about your voting. I received a tradition from Rabbi Yohanan ben Zakkai who heard it from his teacher, and his teacher from his teacher, and so back to a halachah given to Moses from Sinai, that Ammon and Moab must give tithe for the poor in the seventh year.

(4) On that day Judah, an Ammonite convert, came and stood before them in the house of study. He said to them: Do I have the right to enter into the assembly? Rabban Gamaliel said to him: you are forbidden. Rabbi Joshua said to him: you are permitted. Rabban Gamaliel said to him: the verse says, "An Ammonite or a Moabite shall not enter into the assembly of the Lord: even to the tenth generation" (Deuteronomy 23:4). R. Joshua said to him: But are the Ammonites and Moabites still in their own territory? Sanheriv, the king of Assyria, has long since come up and mingled all the nations, as it is said: "In that I have removed the bounds of the peoples, and have robbed their treasures, and have brought down as one mighty the inhabitants" (Isaiah 10:1. Rabban Gamaliel said to him: the verse says, "But afterward I will bring back the captivity of the children of Ammon," (Jeremiah 49:6) they have already returned. Rabbi Joshua said to him: [another] verse says, "I will return the captivity of my people Israel and Judah" (Jeremiah 30:3). Yet they have not yet returned. So they permitted him to enter the assembly.

As we learned in a mishna: On that day, Yehuda, the Ammonite convert, came before the students in the study hall and he said to them: What is my legal status in terms of entering into the congregation of Israel, i.e., to marry a Jewish woman? Rabban Gamliel said to him: You are forbidden to enter into the congregation. Rabbi Yehoshua said to him: You are permitted to enter into the congregation. Rabban Gamliel said to Rabbi Yehoshua: Wasn’t it already stated: “An Ammonite and a Moabite shall not enter into the congregation of the Lord; even to the tenth generation shall none of them enter into the congregation of the Lord forever” (Deuteronomy 23:4)? How can you permit him to enter the congregation? Rabbi Yehoshua said to Rabban Gamliel: Do Ammon and Moab reside in their place? Sennacherib already came and, through his policy of population transfer, scrambled all the nations and settled other nations in place of Ammon. Consequently, the current residents of Ammon and Moab are not ethnic Ammonites and Moabites, as it is stated in reference to Sennacherib: “I have removed the bounds of the peoples, and have robbed their treasures, and have brought down as one mighty the inhabitants” (Isaiah 10:13). And although it is conceivable that this particular convert is an ethnic Ammonite, nevertheless, there is no need for concern due to the halakhic principle: Anything that parts from a group parts from the majority, and the assumption is that he is from the majority of nations whose members are permitted to enter the congregation. Rabban Gamliel said to Rabbi Yehoshua: But wasn’t it already stated: “But afterward I will bring back the captivity of the children of Ammon, says the Lord” (Jeremiah 49:6) and they have already returned to their land? Therefore, he is an ethnic Ammonite and he may not convert. Rabbi Yehoshua said to Rabban Gamliel: That is no proof. Wasn’t it already stated in another prophecy: “And I will turn the captivity of My people Israel and they shall build the waste cities, and inhabit them; and they shall plant vineyards, and drink the wine thereof; they shall also make gardens, and eat the fruit of them” (Amos 9:14), and they have not yet returned? In rendering the ruling, only proven facts may be taken into consideration. They immediately permitted him to enter the congregation. This proves that Rabban Gamliel did not absent himself from the study hall that day and participated in the halakhic discourse. Rabban Gamliel said to himself: Since this is the situation, that the people are following Rabbi Yehoshua, apparently he was right. Therefore, it would be appropriate for me to go and appease Rabbi Yehoshua. When he reached Rabbi Yehoshua’s house, he saw that the walls of his house were black. Rabban Gamliel said to Rabbi Yehoshua in wonderment: From the walls of your house it is apparent that you are a blacksmith, as until then he had no idea that Rabbi Yehoshua was forced to engage in that arduous trade in order to make a living. Rabbi Yehoshua said to him: Woe unto a generation that you are its leader as you are unaware of the difficulties of Torah scholars, how they make a living and how they feed themselves. Rabban Gamliel said to him: I insulted you, forgive me. Rabbi Yehoshua paid him no attention and did not forgive him. He asked him again: Do it in deference to my father, Rabban Shimon ben Gamliel, who was one of the leaders of Israel at the time of the destruction of the Temple. He was appeased. Now that Rabbi Yehoshua was no longer offended, it was only natural that Rabban Gamliel would be restored to his position. They said: Who will go and inform the Sages? Apparently, they were not eager to carry out the mission that would undo the previous actions and remove Rabbi Elazar ben Azarya from his position as Nasi. This launderer said to them: I will go. Rabbi Yehoshua sent to the Sages to the study hall: The one who wears the uniform will continue to wear the uniform, the original Nasi will remain in his position so that the one who did not wear the uniform will not say to the one who wears the uniform, remove your uniform and I will wear it. Apparently, the Sages believed that this emissary was dispatched at the initiative of Rabban Gamliel and they ignored him. Rabbi Akiva said to the Sages: Lock the gates so that Rabban Gamliel’s servants will not come and disturb the Sages. When he heard what happened, Rabbi Yehoshua said: It is best if I go to them. He came and knocked on the door. He said to them with a slight variation: One who sprinkles pure water on those who are ritually impure, son of one who sprinkles water shall continue to sprinkle water. And it is inappropriate that he who is neither one who sprinkles nor son of one who sprinkles will say to one who sprinkles son of one who sprinkles: Your water is cave water and not the running water required to purify one exposed to ritual impurity imparted by a corpse and your ashes are burnt ashes and not the ashes of a red heifer. Rabbi Akiva said to him: Rabbi Yehoshua, have you been appeased? Everything we did was to defend your honor. If you have forgiven him, none of us is opposed. Early tomorrow you and I will go to Rabban Gamliel’s doorway and offer to restore him to his position as Nasi. The question arose what to do with Rabbi Elazar ben Azarya? They said: What shall we do? Remove him from his position. That is inappropriate as we learned a halakha through tradition: One elevates to a higher level of sanctity and does not downgrade. Therefore, one who was the Nasi of the Sanhedrin cannot be demoted. Let one Sage lecture one week and the other Sage one week, they will come to be jealous one of another, as they will be forced to appoint one as the acting head of the Sanhedrin. Rather, Rabban Gamliel will lecture three weeks and Rabbi Elazar ben Azarya will lecture as head of the yeshiva one week. That arrangement was adopted and that is the explanation of the exchange in tractate Ḥagiga: Whose week was it? It was the week of Rabbi Elazar ben Azarya. One final detail: That student who asked the original question that sparked this entire incident was Rabbi Shimon ben Yoḥai. We learned in the mishna: And the additional prayer may be recited all day. Rabbi Yoḥanan said: Nevertheless, one who postpones his prayer excessively is called negligent.