Judaism's Great Debates: Timeless Controversies from Abraham to Herzl

6. Hillel and Shammai: The Debateover Jewish Law

47 6 Hillel and Shammai Who’s the Judge? The Debate over Jewish Law Both are the words of the living God . . . but the law is in agreement with Beit Hillel. Talmud: Eruvin 13b Two Teachers Hillel and Shammai. Two names forever paired in Jewish law and lore. Two names synonymous with disagreement and debate. Two names that symbolize mercy and justice, leniency and strictness. Hillel was nasi, head of the Sanhedrin, for forty years. Shammai was his deputy for all that time. Hillel was known for wisdom and compassion. Shammai was known for wisdom and piety. Hillel sought the spirit of the law. Shammai observed the letter of the law. Hillel was beloved of the poor. Shammai was popular with the wealthy. The two would remain linked long after their deaths. The disciples of Hillel became known as Beit Hillel (House of Hillel). The disciples of Shammai became known as Beit Shammai (House of Shammai). Upon close examination of the Talmud it becomes apparent that Hillel and Shammai, though far different in temperament and style, disagreed on only a handful of legal issues that we are aware of. On the other hand, their disciples disagreed on hundreds of matters, major and minor. The best-known story about the duo involves the question of how to 48 respond to a person who seeks to convert to Judaism. Several accounts perfectly illustrate their contrasting personalities and manners. The best-known dispute among their students involves the proper way to light Hanukkah candles. The disagreement goes beyond personality, to principle. Shammai seems to be the ready foil to Hillel in the talmudic record; invariably the majority seems to incline toward the interpretation of Hillel and his school. As the well-known passage in the Talmud (Eruvin 13b) quoted in the introduction of this book declares: “both are the words of the living God . . . but the law is in agreement with the ruling of Beit Hillel.” The historical record indicates that time and again the majority sided with Beit Hillel, and their interpretation became rabbinic law. Hillel is deemed one of the greatest sages in Jewish history. His rarified status is reflected in the statement that “There were four who died at the age of one hundred and twenty: Moses, Hillel the Elder, Rabban Yochanan ben Zakkai and Rabbi Akiva” (Sifre, Deuteronomy 357). While certainly an exaggeration, the midrashic hyperbole points to Hillel’s long life and esteemed tenure as a Rabbinical leader in Israel. Estimates of his birth range from 80–50 bce., and he likely died in 10 ce As a youth he came from Babylonia to Israel, where he no doubt witnessed the beginning of the Roman occupation of Israel and the controversial efforts of King Herod to win over the Jewish population. Unlike Ben Zakkai and Akiva, we know nothing of Hillel’s political involvement. Hillel’s venerable teachings are embedded in the talmudic tractate of Pirkei Avot (Ethics of the Fathers). Among the best known: Judge not your fellow man until you come into his place. (2:5) The more Torah, the more life; the more study, the more wisdom, Rabbinic Judaism 49 the more counsel, the more understanding; the more charity, the more peace. (2:8) If I am not for myself, who will be for me? But if I am only for myself, what am I? And if not now, when? (1:14) Hillel’s compassionate personality matched his teachings. The same talmudic passage that proclaims his school’s interpretation normative goes on to offer a reason why the opinions of Beit Hillel prevailed: “because the Hillelites were gentle and modest, and studied both their own opinions and the opinions of the other school, and always mentioned the words of the other school with great modesty and humility before their own.” Hillel’s disciples followed their master in personal example. Yet, as their debates with Beit Shammai will reveal, it is their judicial spirit that has lasting consequences for the development of Judaism. Hillel and Shammai 50 The Great Debate Here is a debate between Hillel and Shammai, and their students, based on several of the most well-known stories from the Talmud (Shabbat 21b, 31a, Ketubot 16b, Rosh Hashanah 16b–17a). Note: this is an imagined conversation between the two men, and between their students, although actual statements from the above texts are incorporated ; italics are direct quotes from the sources; regular print...