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?"

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