Pe'ah 058
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BET MIDRASH VIRTUALI
of the Rabbinical Assembly in Israel
RABIN MISHNAH STUDY GROUP
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The school of Shammai say: Hefker [only] for the poor is hefker; but the school of Hillel say: It is only hefker when it is so [also] for the rich, as in shemittah. When all the sheaves in a field contain one kav except one that contains four kavs and it is this one that is forgotten, the school of Shammai says: it is not shikheĥah' and the school of Hillel say that it is shikheĥah.
EXPLANATIONS:
1:
There are several terms used in our present mishnah which require elucidation – in fact re-elucidation, since they have all been explained previously on at least one occasion. The terms are Bet Shammai and Bet Hillel, Hefker, ShemittahM, Kav and Shikheĥah. 2: 3: 4: 5:
Rabbi Yosé says that originally there were no differences of halakhic opinion. There was the [supreme] Court of Seventy-One that met in the Gazit Chamber [in the Bet Mikdash] and there were Courts of Twenty-Three in the townships throughout the Land of Israel; there were [also] two Courts of Three in Jerusalem – one on the Temple Mount and one within the Rampart. When someone needed a halakhic decision they would go to the court in their place of residence; if that court could not provide an answer they would resort to the court in the nearest township. If [the judges] knew [the halakhah] they would respond; if they did not the questioner and the most learned [of the judges] would resort to the Court on the Temple Mount. If they knew they would respond; if they did not they would resort to the Court within the Rampart. If they knew they would respond; if they did not everybody would resort to the Court in the Gazit Chamber… If they knew they would respond; if they did not they would hold a ballot. If the majority held that something was not kasher [for example] it would be so decided; if the majority held that it was pure it would be so decided. From there the halakhah went out to all Israel. When the students of Shammai and Hillel grew in numbers, because they had not listened carefully to their teachers, differences of teaching began to come about in Israel and the Torah became two Torot!
6:
One thing is clear: both views – the academic and the traditional – see the origin of two divergent views of halakhic Judaism as stemming from the schools of Hillel and Shammai. After the death of Hillel the Presidency of the Sanhedrin was vested in his descendents, who took the title Rabban upon assuming office. However, our discussion concerning the development of Bet Hillel and Bet Shammai would be incomplete (and dishonest) if it did not include an account of the terrible tensions that existed between the two groups that comprised the Pharisaic branch of Judaism. I quote from a book by Louis Finkelstein – "Akiba: Scholar, Saint & Martyr" (page 43 ff).
For many generations the two groups worked together without the encumbrance of separate organizations. But the long reign of Herod [37-4 BCE – SR], with its bitterness, its absolutism and its subservience to Rome, aroused the dormant nationalism of the provincials and lower patricians. Acting on the principle established by his Roman masters, divide et impere, the astute king showed special favour to the peace-loving plebeians, fomenting dissension between them and their patrician colleagues.
The factional quarrel became more bitter when, immediately after the death of Herod, the nationalists sought to destroy his dynasty. He had designated his son, Archelaus, as his successor, but before the new king could go to Rome for confirmation by the Caesar, the pilgrims, who had gathered in Jerusalem for the Passover celebration, declared a revolt against him… He sent his whole army against the rebels' killing three thousand of them and dispersing the rest to their homes. Having apparently settled the rebellion with this decisive blow, Archelaus sailed for the imperial capital with a light heart. Little did he realize the depth of the resentment against his father's house. His absence enabled the nationalists to increase their forces and prepare better plans. Their boldness rose with their enthusiasm. They would drive from the country not only the Herodian, but his Roman masters. They would restore the glorious days of the Maccabean theocracy. Their war-fever infected even the Sanhedrin, which now voted for war. "On that day, Hillel sat bent before Shammai, like one of the disciples," records the Talmud; "and," the pacifist chronicler adds, "it was as grave a catastrophe for Israel as when they made the Golden Calf." [Shabbat 17a – SR] Shammai, however, did not content himself with the victory for his foreign policy; he took advantage of the situation, as party men are wont to do, to force also the acceptance of his social and ceremonial program. "If you anger me, I will declare impurity also against the gathering of olives," he cried out to Hillel, who had apparently been outvoted, if not temporarily removed from office… It was probably during this Passover, while the nationalists controlled the approaches to the Temple, that there occurred the almost incredible incident of Hillel's narrow escape from physical violence at the hands of the enthusiastic Shammaites. The old sage had brought a whole burnt offering to the Temple on a festival day, and had put his hands on its head in accordance with the usual custom. In the eyes of the Shammaites, his action constituted a double offense… Being apparently in control of the outer courts of the sanctuary, the excited partisans of Shammai gathered about Hillel threateningly when they saw him violate their traditions… Seeing his danger, Hillel resorted to stratagem. "It is not a whole burnt offering," he said, "but a peace offering." This mitigated the offense, and during the discussion which ensued about the other half of the charge, Hillel made his way to safety… Encouraged and strengthened by their victory in the Sanhedrin, the nationalists gathered in hosts for the next pilgrimage, that of Pentecost, which occurs six weeks after the end of Passover. They seized the Temple mount… thus completely surrounding the Roman garrison in the center. A terrific battle ensued, in which hundreds of nationalists were slain, the cloisters surrounding the temple courts were burned, and the festival celebration was broken up. Yet the uprising was not crushed until Varus, Governor of Syria, came into the country with two additional legions, burned several important towns, entered Jerusalem and crucified two thousand rebels.
7:
It is most necessary in our day and age (where factional violence is rife) to also recount what is recorded by the Talmud of Eretz-Israel [Shabbat 3c]:-
Mishnah: The following are the halakhot resolved upon in the first story chamber of Ĥananya ben-Ĥizkiya ben-Garon, when they went up to visit him and took a vote, and Bet Shammai outnumbered Bet Hillel. Eighteen laws were decreed on that day.
Gemara: That day was as difficult for Israel as the day upon which the [Golden] Calf was made… Disciples of Bet Shammai stationed themselves below and killed disciples of Bet Hillel [in order to thus create the majority]. Six of them went up and the rest stationed themselves with swords and spears.
8:
After this long excursus we can return to our present mishnah and summarize that it records one of the many differences between the Shammutis and the Hillelites – this time in the matter of hefker, which will be elucidated in our next shiur. |