Self-Definition: The Individual vs. the Community in Mishnah Sotah 8:5

Beneath every Mishnah lies tension whose revelation and contemplation is the goal of study.

The law officers shall continue speaking to the people and say: “Who is the man who is frightened and fainthearted? Let him go and return to his home.”¹ Rabbi Akiva says, “‘Frightened and fainthearted’ should be understood according to its plain meaning—namely, that he is not able to stand in the battle phalanx and gaze upon an unsheathed sword.” Rabbi Yossi the Galilean says, “‘Frightened and fainthearted’—this is one who is afraid because of his transgressions. And that is why the Torah provides all the other exemptions: so that he can [appear to] return because of them . . .”²

—M Sotah 8:5

The Mishnah presents a disagreement concerning the interpretation of the phrase “frightened and fainthearted,” which appears in Deuteronomy 20:8. Rabbi Akiva interprets it as referring to one who is afraid of the sight of an “unsheathed sword,” which is best understood as a synecdoche for all the sights and sounds of the battlefield and the physical harm that they imply.³ Rabbi Yossi the Galilean, however, interprets it as referring to one who is afraid on account of a past transgression and the concomitant divine punishment that is likely to be meted out on the battlefield.⁴ What lies beneath these two interpretations is a disagreement as to whether one is entitled to the exemption based on a fear that stems only indirectly from the context of battle. Rabbi Akiva says no; Rabbi Yossi the Galilean says yes.⁵

But more lies beneath.

The explicit reason for the Torah’s exemption of the “frightened and fainthearted” individual is so that he “not discourage his brothers’ hearts.”⁶ Therefore, the phrase “frightened and fainthearted”—as the subject of interpretation in the Mishnah—should be understood as frightened and fainthearted to such an extent that he will discourage his brothers’ hearts. Rabbi Akiva interprets this phrase according to its “plain meaning,” which is that the Torah exempts the “frightened and fainthearted” individual because his fear manifests itself in a way that will discourage his fellow soldiers.⁷ This necessarily implies that the individual’s fear is obvious to those around him. It is for this reason that Rabbi Akiva only exempts an individual whose fear renders him “not able to stand”—a metaphor synonymous with any observable manifestation of fear.⁸ Since only the most intense fear is likely to manifest itself in an observable way, Rabbi Akiva interprets the “frightened and fainthearted” individual as one whose fear stems directly from the sights and sounds of the battlefield. Rabbi Yossi the Galilean, however, rejects the idea that the exemption applies only in cases where the individual’s fear manifests itself. This is implied by the fact that he understands that the other wartime exemptions serve as a pretense for the “frightened and fainthearted” individual to leave without revealing that he has committed some past transgression—a pretense that is only effective if the individual’s fear does not manifest itself! Rabbi Yossi the Galilean therefore allows an exemption for a person whose fear stems from a past transgression, even though such a fear stems only indirectly from the context of battle and is therefore unlikely to manifest itself.⁹ What lies beneath these two interpretations is a disagreement as to whether one is entitled to an exemption for a fear that does not manifest itself in an observable way. Rabbi Akiva says no; Rabbi Yossi the Galilean says yes.

But more lies beneath.

In the Mishnah, exemptions are generally¹⁰ provided only for reasons— physical, behavioral, or situational—that are empirically verifiable, even if there is no requirement of witnesses or a formal presentation of evidence.¹¹ This is for good reason. Since God holds all Jews responsible for one another, the entire community is made liable for divine punishment for one individual claiming an unwarranted exemption. Therefore, it is only right that the basis for an individual’s exemption be something that is empirically verifiable by the community. This...