Rabban Yoĥanan ben-Zakkai had five students, namely: Rabbi Eli'ezer ben-Hyrkanos, Rabbi Yehoshu'a ben-Ĥananyah, Rabbi Yosé ha-Kohen, Rabbi Shim'on ben-Netan'el, And Rabbi El'azar ben-Arakh. He would enumerate their virtues [thus]: Rabbi Eli'ezer ben-Hyrkanos is a cemented cistern that never loses a drop. Rabbi Yehoshu'a ben-Ĥananyah – happy she who gave him birth! Rabbi Yosé ha-Kohen is pious. Rabbi Shim'on ben-Netan'el is sin-fearing. Rabbi El'azar ben-Arakh is an ever renewing source. He would say that if all the sages of Israel were on one side of the scales and Eli'ezer ben-Hyrkanos on the other he would outweigh them all. [However,] Abba Sha'ul quotes him as saying that if all the sages of Israel were on one side of the scales – including Rabbi Eli'ezer ben-Hyrkanos – and Rabbi El'azar ben-Arakh were on the other he would outweigh them all.
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By nature and by 'professional' choice Rabbi Eli'ezer was very conservative. His philosophy regarding halakhah had a distinct "Shammaïte" tinge even though his teacher was an out-and-out Hillelite. Indeed, twice in the Gemara [
Shabbat 130b, Niddah 7b] the sages resolve an intractable problem concerning the views of Rabbi Eli'ezer by noting that he is a "Shammuti" – a follower of the school of Shammai. After all, he did hail from that part of the population that was traditionally "Shammuti": the landed gentry of the provinces. During the war, despite the fact that he was a prominent student of Rabban Yoĥanan ben-Zakkai (and despite the fact that he remained loyal to his teacher even when the latter was the undisputed head of the "peace" faction in Jerusalem) his natural sympathies were with the rebel insurgents.
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The most obvious way in which the essential halakhic conservatism of Rabbi Eli'ezer is discovered is in the fact that he was opposed to all 'innovation'. He proudly maintained that he never uttered an halakhic opinion that he had not already heard from his teachers! Although his teacher, Rabban Yoĥanan ben-Zakkai, was undoubtedly proud of his student, as we have already seen, he was also aware of his shortcomings. In our present mishnah the way that the teacher describes the pupil is not unmitigated praise. He describes Eli'ezer as "a cemented cistern that never loses a drop". (In Tannaïtic times the neighbours sharing a courtyard had a common source of water, a cistern which was well-cemented to prevent the water leaking away into the soil into which the cistern was dug. The cistern was fed by a water conduit.) Rabban Yoĥanan ben-Zakkai likens Rabbi Eli'ezer to such a cistern: everything that he had ever learned from his teachers he retained in his head; but he never replenished the 'cistern' with novel ideas of his own.
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The fact that all his learning had come to him from others made Eli'ezer certain that in all matters halakhic he was always right! It was this insistence of his that eventually brought about his downfall. The Gemara [Bava Metzi'a 59b] describes the episode in great detail (and not without some miraculous embroidery). The subject for discussion in the Sanhedrin that day concerned an oven. We are concerned here with the kind of oven that can still be seen in use among modern Bedouin: it is, in fact, a clay pot. The round oven is constructed by joining together, one on top of the other, rings of clay cemented together until the pot has been formed. (It is probable that because the rings of clay looked like a serpent coiled upon itself that the oven was known as an "Akhnai" oven: 'Akhna' is the Aramaic word for a serpent. Though others contend that it is merely the name of the owner of the particular oven in dispute.)
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This oven had contracted ritual impurity. The question was could its impurity be removed? The Torah [Leviticus 6:21] says that the only way in which an impure earthenware utensil can be rendered pure is by breaking it up. Rabbi Eli'ezer insisted that in the case of the present oven if the rings were dismantled (broken) and then re-assembled with sand between them the oven would be rendered ritually pure. All the other sages held that this was not enough: the utensil had to be smashed before it could be re-assembled. The insistence of Rabbi Eli'ezer that he was right and all the others were wrong brought about a vote in the Sanhedrin; and Rabbi Eli'ezer was, of course, a splendid minority of one person. Even though the view of the majority had been ascertained Rabbi Eli'ezer maintained that they were all wrong and that only his view was the right one.
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According to the account given in the Gemara he used every argument he could muster to try to convince his colleagues but they adamantly refused. It is at this point that the story takes on a miraculous tinge, and we can safely assume that these were pious embellishments included to indicate how right Rabbi Eli'ezer was. One example can suffice:
Rabbi Eli'ezer said, "If I am right the water conduit will prove it." The water in the conduit started flowing in the opposite direction! The sages replied that water conduits did not constitute logical proof.
It was the contention of the sages that regardless of any other consequence halakhic matters could only be decided by the majority vote of the Sanhedrin. They based this very logical claim on their interpretation of Exodus 23:2.
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Finally, in frustrated despair, Rabbi Eli'ezer said that heaven itself would vindicate his claim!
A heavenly voice proclaimed: "Why are you against Rabbi Eli'ezer? Halakhah follows his view in all cases!" Rabbi Yehoshu'a stood up and said, [quoting to God His own Torah [Deuteronomy 30:12]!] "It [the Torah] is not in heaven!"
By this he meant that once the Torah had been given on Mount Sinai it had left the divine domain: it was now up to Israel to interpret and develop the Torah. If God wanted to arrogate to Himself the right to 'update' the Torah He should summon all Israel to Mount Sinai every Monday and Thursday, as it were, to hear the latest installment. Once given God had no part in the development of Torah!
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The Gemara goes on to relate that Rabbi Natan met up with Elijah the prophet (who according to tradition did not die but was snatched up to heaven and regularly visits sages on earth). He asked him what happened in heaven when Rabbi Yehoshu'a had told God not to interfere. The reply was that God sat there smiling and saying, "My sons have beaten Me, my sons have beaten Me." In other words: Rabbi Yehoshu'a is right and God may not interfere with the development of halakhah.
To be continued.