Stray Leaves from Strange Literature and Fantastics

The Dispute in the Halacha

..Told of in the Book “Bava-Metzia; or, The Middle Gate” of the Holy Shas.... The Lord loveth the gates that are marked with the Halacha more than the synagogues and the schools.

Now, in those days there was a dispute between the Mishnic Doctors and Rabbi Eliezer concerning the legal cleanliness of a certain bake-oven, as is written in the Bava-Metzia of the Talmud. For while all the others held the oven to be unclean according to the Halacha, Rabbi Eliezer declared that it was clean; and all their arguments he overthrew, and all their objections he confuted, although they would not suffer themselves to be convinced. Then did Rabbi Eliezer at last summon a carob-tree to bear witness to his interpretation of the law; and the carob-tree uprooted itself, and rose in air with the clay trickling from its roots, and moved through air to the distance of four hundred yards, and replanted itself, trembling, in the soil.

But the Doctors of the Mishna, being used to marvelous things, were little moved; and they said: “We may not admit the testimony of a carob-tree. Shall a carob-tree discourse to us regarding the Halacha? Will a carob-tree teach us the law?”

Then said Rabbi Eliezer to the brook that muttered its unceasing prayer without: “Bear me witness, O thou running water!” And the rivulet changed the course of its current; its waters receded, and, flowing back to their fountain-head, left naked the pebbles of their bed to dry under the sun.

But the Disciples of the Sages still held to their first opinion, saying: “Shall a brook prattle to us of law? Shall we hearken to the voice of running water rather than to the voice of the Holy One—blessed be He!—and of His servant Moses?”

Then Rabbi Eliezer, lifting his eyes toward the walls above, bearing holy words written upon them, cried out: “Yet bear me witness also, ye consecrated walls, that I have decided aright in this matter!” And the walls quivered, bent inward, curved like a bellying sail in the moment of a changing wind, impended above the hands of the Rabbis, and would have fallen had not Rabbi Joshuah rebuked them, saying: “What is it to you if the Rabbis do wrangle in the Halacha? Would ye crush us? Be ye still!” So the walls, obeying Rabbi Joshuah, would not fall; but neither would they return to their former place, forasmuch as they obeyed Rabbi Eliezer also—so that they remain toppling even unto this day.

Then, seeing that their hearts were hardened against him even more than the stones of the building, Rabbi Eliezer cried out: “Let the Bath-Kol decide between us!” Whereupon the college shook to its foundation; and a Voice from heaven answered, saying: “What have ye to do with Rabbi Eliezer? for in all things the Halacha is even according to his decision!”

But Rabbi Joshuah stood upon his feet fearlessly in the midst, and said: “It is not lawful that even a Voice from heaven should be regarded by us. For Thou, O God, didst long ago write down in the law which Thou gavest upon Sinai, saying, ‘Thou shalt follow the multitude.’” And they would not hearken unto Rabbi Eliezer; but they did excommunicate him, and did commit all his decisions regarding the law to be consumed with fire.

[Now some have it that Rabbi Nathan testified that the Prophet Elijah declared unto him that God Himself was deceived in this matter, and acknowledged error in His decision, saying: “My children have vanquished me! my children have prevailed against me!” But as we also know that in punishment for the excommunication of Rabbi Eliezer a third portion of all the barley and of the olives and of the wheat in the whole world was smitten with blight, we may well believe that Rabbi Eliezer was not in error.]

Now, while yet under sentence of excommunication, Rabbi Eliezer fell grievously ill; and the Rabbonim knew nothing of it. Yet such was his learning, that Rabbi Akiva and all the disciples of the latter came unto him to seek instruction.... Then Rabbi Eliezer, rising upon his elbow, asked them, “Wherefore came ye hither?”

“We came that we might learn the Halacha,” answered Akiva.

“But wherefore came ye not sooner?”

And they answered, “Because we had not time.”

Then Rabbi Eliezer, feeling wroth at the reply, said to them also: “Verily, if ye die a natural death, I shall marvel greatly. And as for thee, Akiva, thy death shall be the worst of all! It is well for thee that I do not give thee my malediction, seeing thou hast dared to say that one may not have time to learn the law!”

And Rabbi Eliezer, folding his arms upon his breast to die, continued: “Woe, woe is me! Woe unto these two arms of mine, that they are now even as two scrolls of the law rolled up, whereof the contents are hidden! Had ye waited upon me before, ye might have learned many strange things; and now my knowledge must perish with me! Much have I learned, and much have I taught, yet always without diminishing the knowledge of my Rabbis by even so much as the waters of the ocean might be diminished by the lapping of a dog!”...

And he continued to speak to them: “Now, over and above all those things, I did expound three thousand Halachoth in regard to the growing of Egyptian cucumbers; and yet none save only Rabbi Akiva ben Joseph ever asked me so much as one question regarding them!... We were walking on the road between the fields, when he asked me to instruct him regarding Egyptian cucumbers. Then I uttered but one word; and, behold! the fields forthwith became full of Egyptian cucumbers. He asked me concerning the gathering of them. I uttered but one word; and, lo! all the cucumbers did gather themselves into one place before me.”...

And even as Rabbi Eliezer was thus speaking, his soul departed from him; and Rabbi Akiva with all his disciples mourned bitterly for him and for themselves, seeing they had indeed come too late to learn the law.

But the prediction of Rabbi Eliezer was fulfilled....For it came to pass, when Rabbi Akiva had become a most holy man, and marvelously learned, that the Romans forbade the teaching of the law in Israel; and Rabbi Akiva persisted in teaching it publicly to the people, saying: “If we suffer so much by the will of the Holy One—blessed be He!—while studying the law, how much indeed shall we suffer while neglecting it!”

So they led him out to execution, and tortured him with tortures unspeakable. Now it was just at that hour when the prayer must be said: “Hear, O Israel! the Lord our God is One.”

And even while they were tearing his flesh with combs of iron, Rabbi Akiva uttered the holy words and died. And there came a mighty Voice from heaven, crying: “Blessed art thou, O Rabbi Akiva, for thy soul and the word ONE left thy body together!”