From Sinai to the Talmud: A History of the Torah Part I

R. Hiyya b. Abba also said in the name of R. Yohanan: What is the meaning of what is written, And on them was written according to all the words which the Lord spoke with you in the Mount” (Deuteronomy 9:10)? It teaches us that the Holy One, blessed be He, showed Moses the minute details of the Torah, and the minute details of the Scribes, and the innovations which would be introduced by the Scribes; and what are these? The reading of the Megillah.

(4) Variantly: What is the intent of "to bind a bond upon his soul"? Because it is written (Ibid.) "According to all that issues from his mouth shall he do," I might think, even if he swore to eat neveiloth and treifoth, forbidden animals and reptiles. It is, therefore, written "to bind a bond" — to bind (i.e., to forbid) what is permitted, and not to permit what is forbidden. Variantly: What is the intent of "upon his soul"? From "According to all that issues from his mouth shall he do," I might think, only if he spoke it. Whence do I derive (the same for) his accepting it upon himself (inwardly) by vow or oath? It is, therefore, written "upon his soul." "lo yachel devaro": He shall not make his word "chullin" ("profane"). If he were a sage, (even though he annuls for others), he should not annul for himself. For it would follow otherwise, viz.: If he annuls for others, should he not annul for himself? It is, therefore, written (to negate this): "He shall not make his (own) words "chullin." "lo yachel devaro": This tells us (that if he breaks his vow) he is in transgression of "lo yachel."

All of the mitzvot that are included in the Sefer Torah that the Exalted God gave to us are 613 mitzvot, among them are 248 positive commands, corresponding to the number of limbs in a human body, and among the are 365 prohibitions coresponding to the days in the solar year. And this number is mentioned in the Talmud at the end of Makkot (23b) "It was said: There are 613 mitzvot in the Torah corresponding to the days in the year and corresponding to the limbs of a person." ...However, a severe error has emerged in remembering which mitzvot are counted [in the list of 613] as I will make clear in this essay and this is because the following 14 principles have been forgotten.

The first principle is that rabbinic legislation should not be counted amidst the 613.

the second principle is that it is not appropriate to count anything learned from one of the 13 attributes that explain the Torah or from an expansion.

The third principle is that it is not appropriate to count mitzvot that are not permanent.

The fourth principle is that it is not appropriate to count general commands to observe the Torah in its entirety.

The rabbis taught: This halakhah was forgotten by Benei Beteira. One time the 14th of Nissan occurred on Shabbat and they did not know if the Korban Pesach overrides Shabbat or not. They said: Is there anyone here that knows if the Korban Pesach overrides Shabbat or not? They said to them: There is one person who just made aliyah from Bavel and Hillel the Babylonian is his name and he served two giant scholars of the generation Shemaya and Avtalion and he knows if Pesach overrides Shabbat or not. They sent for him and called to him.... They said to him: Do you know if the Korban Pesach overrides Shabbat or not? He said to them: Is it just the korban Pesach alone each year that overrides Shabbat? Do we not have more than two hundred Pesachim each year that override Shabbat? they said to him: How do you know this? He said to them? It says (Numbers 28:2) "its season" and it says regarding the korban tamid "its season" Just as "its season" overrides Shabbat regarding the korban tamid, so too its season overrides Shabbat for the Korban Pesach. Furthermore, it is a kal ve-chomer argument. Just as the tamid, which does not create a punishment of karet when neglected overrides Shabbat, won't the the Korban Pesach which does have the threat of karet do so? They immediately made him nasi over them and he spent the entire day teaching Hilkhot Pesach.

Once he was nasi he began to chastise them and said, what caused you to bring me from Bavel to be nasi over you? It was because you were lazy and did not sufficiently serve Shemaya and Avtalion.

They said to him, master, what if someone forgot to bring a knife before Shabbat?

He responded "I heard an answer to this question but have forgotten. Rather, leave it to Israel, if they are not prophets, they are the children of prophets and will do the correct thing.

The following day, people stuck knives in the wool of sheep or between thehorns of rams. When Hillel saw how they were acting he remembered the halakhah and said "this is what I received from Shemaya and Avtalion."

(1) The following befell Rabbi Eliezer, son of Hyrkanos. His father had many ploughmen who were ploughing arable ground whereas he was ploughing a stony plot; he sat down and wept. His father said to him : O my son! Why dost thou weep? Art thou perchance distressed because thou dost plough a stony plot? In the past thou hast ploughed a stony plot now behold thou shalt plough with us arable soil.- He sat down on the arable ground and wept. His father said to him : But why dost thou weep? Art thou perchance distressed because thou art ploughing the arable land ? He replied to him : No. (Hyrkanos) said to him : Why dost thou weep ? He answered him : I weep only because I desire to learn Torah. (Hyrkanos) said to him : Verily thou art twenty-eight years old — yet dost thou desire to learn Torah? Nay, go, take thee a wife and beget sons and thou wilt take them to the school.' 'He fasted two weeks not tasting anything, until Elijah may he be remembered for good — appeared to him and said to him : Son of Hyrkanos! Why dost thou weep ? He replied to him: Because I desire to learn Torah. (Elijah) said to him : If thou desirest to learn Torah get thee up to Jerusalem to Rabban Jochanan ben Zakkai. He arose and went up to Jerusalem to R. Jochanan ben Zakkai and sat down and wept. (R. Jochanan) said to him: Why dost thou weep? He answered him : Because I wish to learn Torah. (R. Jochanan) said to him : Whose son art thou? But he did not tell him. (R. Jochanan) asked him : Hast thou never learnt i to read the Shema, or the Tephillah, or the Grace after meals ? He replied to him : No. He arose and (R. Jochanan) taught him the three (prayers). '(Again) he sat down and wept. (R. Jochanan) said to him : My son, why dost thou weep? He replied : Because I desire to learn Torah.' He (thereupon) taught him two rules (of the Law) every day of the week, and on the Sabbath (Eliezer) repeated them and assimilated them. 'He kept a fast for eight days without tasting anything until the odour of his mouth attracted the attention of R. Jochanan ben Zakkai, who directed him to withdraw from his presence. He sat down and wept. (R. Jochanan) said to him : My son, why dost thou weep ? He rejoined : Because thou didst make me withdraw from thy presence just as a man makes his fellow withdraw, when the latter is afflicted with leprosy. (R. Jochanan) said to him : My son, just as the odour of thy mouth has ascended before me, so may the savour of the statutes of the Torah ascend from thy mouth to Heaven. He said to him : My son ! Whose son art thou ? He replied : I am the son of Hyrkanos. Then said (R. Jochanan) : Art thou not the son of one of the great men of the world, and thou didst not tell me ? By thy life! he continued, This day shalt thou eat with me.- (Eliezer) answered : I have eaten already with my host. (R. Jochanan) asked: Who is thy host ? He replied : R. Joshua ben Chananjah and R. Jose the Priest. (R. Jochanan) sent to inquire of his hosts, saying to them: Did Eliezer eat with you this day? They answered: No; moreover has he not fasted eight days without tasting any food ? 'R. Joshua ben Chananjah and R. Jose the Priest' went and said to R. Jochanan ben Zakkai : Verily during the last eight days (Eliezer) has not partaken of any food.

(1) The sons of Hyrkanos said to their father: Get thee rip to Jerusalem and vow that thy son Eliezer should not enjoy any of thy possessions. He went up to Jerusalem to disinherit him, and it happened that a festival was being celebrated there by R. Jochanan ben Zakkai. All the magnates of the district were dining with him ; (such as) Ben Zizith Hakkeseth,- Nicodemus ben Gorion, and Ben Kalba S'bu. Why was his name called Ben Zizith Hakkeseth? Because he reclined at table in a higher position than the other magnates of Jerusalem. Concerning Nicodemus ben Gorion, people said that he had (stored) provisions containing 3 S'ah of fine flour for every inhabitant of Jerusalem. When the zealots' arose and burnt all the storehouses, they measured and found that he had had provisions for three years for every inhabitant in Jerusalem. Concerning Ben Kalba S'bu'a it was told that he had a house measuring 4 Kors with roofs covered with gold. The people said (to R. Jochanan) : Behold, the father of R. Eliezer has arrived. He bade them saying : Prepare a place for him, and seat him next to us. (R. Jochanan) fixed his gaze on R. Eliezer, saying to him,' Tell us some words of the Torah. (R. Eliezer) answered him saying : Rabbi! I will tell thee a parable. To what is the matter like? To this well which cannot yield more water than the amount which it has drawn (from the earth); likewise am I unable to speak words of the Torah in excess of what I have received from thee. (R. Jochanan) said to him, I will (also) tell thee a parable. To what is the matter like? To this fountain which is bubbling and sending forth its water, and it is able to effect a discharge more powerful than what it secretes in like manner art thou able to speak words of the Torah in excess of what Moses received at Sinai. (R. Jochanan) continued: Lest thou shouldst feel ashamed on my account, behold I will arise and go away from thee. Rabban Jochanan ben Zakkai arose and went outside. (Thereupon) R. Eliezer sat down and expounded. His face shone like the light of the sun and his effulgence beamed forth like that of Moses, so that no one knew whether it was day or night. They went and said to Rabban Jochanan ben Zakkai: Come and see R. Eliezer sitting and expounding, his face shining like the light of the sun and his effulgence beaming like that of Moses, so that no one knows whether it be day or night. He came from (his place) behind him and kissed him on his head, saying to him : Happy are ye, Abraham, Isaac, and Jacob, because this one has come forth from your loins. Hyrkanos his father said : To whom does (R. Jochanan) speak thus ? The people answered : To Eliezer thy son. He said to them : (R. Jochanan) should not have spoken in that manner, but (in this wise), " Happy am I because he has come forth from my loins." Whilst R. Eliezer was sitting and expounding, his father was standing upon his feet. When (Eliezer) saw his father standing upon his feet, he became agitated and said to him : My father ! be seated, for I cannot utter the words of the Torah when thou art standing on thy feet. (Hyrkanos) replied to him : My son, it was not for this reason that I came, but my intention was to disinherit thee. Now that I have come and I have witnessed all this praise ; behold thy brothers are disinherited and their portion is given to thee as a gift. (Eliezer) replied : Verily I am not equal to one of them. If I had asked the Holy One, blessed be He, for land, it would be possible for Him to give this to me, as it is said, " The earth is the Lord's, and the fidness thereof" (Ps. xxiv. 1). Had I asked the Holy One, blessed be He, for silver and gold, He could have given them to me, as it is said, " The silver is mine, and the gold is mine " (Hag. ii. 8). But I asked the Holy One, blessed be He, that I might be worthy (to learn the) Torah only, as it is said, " Therefore I esteem all precepts concerning all things to be right ; and I hate every false way " (Ps. cxix. 128).

This is the “oven of Achnai.” What is Achnai? Said Rabbi Yehudah in the name of Shmuel: That they surrounded it with words [of debate] like an Achnai snake, and declared it impure. It was taught: On that day R. Eliezer answered all the answers on earth and they did not accept it from him. He said, “If the law is like me, the carob tree will prove it”; the carob tree was uprooted from its place one hundred Amah, some say four hundred Amah. They said: “We do not bring proof from a carob tree.”... He went and said “If the law is like me the water channel will prove it”; the water channel flowed in reverse direction. They said: “We do not bring proof from a water channel.” He went and said “If the law is as I say the walls of the House of Study will prove it”; the walls of the House of Study inclined to fall. R. Yehoshua protested at them, saying to them “If scholars defeat each other in the law, how does it better you?” They did not fall because of the honor of R.Yehoshua and they did not straighten, because of the honor of R. Eliezer, and they still incline and stand.... [R. Eliezer] went and said, “If the law is like me, from Heaven they will prove it”; a heavenly voice came out and said, “What have you with R. Eliezer, who the law is like him in every place?” R. Yehoshua stood on his feet and said “[The Torah] is not in heaven,” (Deuteronomy 30:12). What does "[The Torah] is not in heaven" mean? R. Yirmiyah said: “That the Torah was already given at Sinai, we do not pay attention to a heavenly voice, since You already wrote at Sinai in the Torah, “After the majority to incline,” (Exodus 23:2). R. Natan met the prophet Elijah and said to him, “What did the Holy One Blessed be He do in that hour?” He said to him: “He smiled and said, “My sons have defeated Me, My sons have defeated Me.” They said: On that day they burned all the pure things R. Eliezer had declared pure; they voted upon him and excommunicated him. They asked “Who will go and inform him?” R. Akiva said, “I will go, lest an improper person inform him and all the earth will be destroyed.” What did R. Akiva do? He dressed in black and sat before him at a distance of four Amot. R. Eliezer said: “Akiva, what is today from all days?” He said, “My master, it appears to me your friends distanced themselves from you.” R. Eliezer too tore his clothes, removed his shoes and sat on the ground his eyes flowed tears. The earth was stricken, a third in olives, a third in wheat, a third in barley. Some say: even dough in a woman’s hand spoiled.... It was taught: Great was that day that every place R. Eliezer put his eyes was burned.... And even R. Gamliel was on a ship; a wave stood upon him to drown him. He said: It appears to me this is only because of R.Eliezer b. Hyrkanos. He stood on his feet and said, “Master of the world, it is revealed and known before You that not for my honor I did nor for the honor of my father’s house but for Your honor that controversies not multiply in Israel.” The sea rested from its anger. Ima Shalom, wife of R. Eliezer, was R. Gamliel’s sister; from then she did not allow R. Eliezer to fall on his face in prayer. One day the New Moon became miscalculated for her between a twenty-nine or thirty day month. Some say: a poor man came and stood at the gate, she brought out bread to him. She found R. Eliezer fallen in prayer and said, “Get up, you have killed my brother.” Meanwhile a ram’s horn blast went out from R. Gamliel’s house [to announce] that he died.

Rabbi Yishmael said to him [Rabbi Akiva], Just as in that case "na'arah" refers to a betrothed woman, so too here, to a betrothed woman. Rabbi Akiva said to him [to Rabbi Yishmael", my brother it says, (Lev. 21:9), bat u-bat - are subject to drashot. He responded to him, and because you darshan the distinction between "bat" and "u'bat" this woman should be taken out and burned?!

(1) A sukkah taller than twenty cubits is invalid. Rabbi Yehudah validates it. And one which is not ten hand-breadths tall, or does not contain three walls, or whose whose [area of] sun is greater than its shade is invalid. Regarding an old sukkah, Beit Shammai invalidate it, and Beit Hillel validate it. What is an old sukkah? Any [sukkah] which one made it thirty days before the festival. But if one made it for the sake of the festival, even [if he made it] from the beginning of the year, it is valid.

(2) One who makes his sukkah beneath a tree, it is as though he made it inside a house [and is thus invalid]. Regarding a sukkah on top of a sukkah, the top one is valid, and the bottom one invalid. Rabbi Yehudah says: if there is no lodging in the top one, the bottom one is valid.

A sukkah which is more than twenty cubits high is not valid. Rabbi Judah validates it. One which is not ten handbreadths high, or which does not have three walls, or which has more sun than shade, is not valid. GEMARA. We have learned elsewhere : [The crossbeam] of an alley [whose entrance] is more than twenty cubits high should be lowered. Rabbi Judah says: this is unnecessary. Now why is it different that when it comes to the Sukkah it is declared invalid, while with when it comes to [the cross-beam over] the alley, a remedy is indicated? With regard to the Sukkah, since it is a toraitic mitzvah, it taught that it was invalid; with regard to [the cross-beam over] an alley, since it is only derabanan, a remedy is given. And, if you wish, you may say that even with a toraitic mitzvah a remedy may be given, but with regard to the sukkah, since there are many rules about it, it was briefly stated, invalid. [While in the case of a cross-beam over] an alley, since it has only one rule, it taught a remedy. From where do we know this? Rabbah answered: Scripture says, "That your generations will know that I caused the children of Israel to dwell in sukkot" (Leviticus 23:43). Up to twenty cubits [high] one knows that he is dwelling in a sukkah, but with one higher than twenty cubits he does not ‘know’ that he is dwelling in a sukkah, since his eye does not catch sight of it. Rabbi Zera said: From the following verse, "And there shall be a sukkah for shade in the daytime from the heat" (Isaiah 4:6). Up to twenty cubits [high] one sits in the shade of the sukkah; but with one higher than twenty cubits he sits, not in the shade of the sukkah but in the shade of its walls. Abaye said to him: If so, if a man made his sukkah in Ashteroth Karnayim would it also not be a valid sukkah? He answered him: In that case, remove the Ashteroth Karnayim and there will remain the shade of the sukkah, but here, remove the walls, and youn have no shade of a sukkah. Rava replied: From the following verse, "You shall dwell in sukkot for seven days" (Leviticus 23:42) the Torah declared: For seven days leave your permanent dwelling place and dwell in a temporary dwelling place. Up to twenty cubits [high] one makes his home a temporary one; higher than twenty cubits, one does not make his home temporary, but permanent. Abaye said to him: If so, if he made walls of iron and placed the [proper] skhakh over them, would it also not be a valid Sukkah. He answered him: This is what I mean to tell you: Up to twenty cubits, which a man makes his temporary home, even if he makes it permanent,he has fulfilled his mitzvah; [but in one] higher than twenty cubits, such as a man makes his permanent home, even if he makes it temporary, he has not fulfilled his obligation.