Mishnah Eduyyot

1:4. Why are the opinions of Hillel and Shammai recorded [only] to be nullified? To teach successive generations that they should not be insistent in their opinions, for the fathers of the world were not insistent in their opinions.

5. And why do we record the words of an individual among the many, when the law is [according to] the words of the many? Because if the court deems the words of the individual acceptable, it may rely on them. But a court is not able to nullify the words of a fellow court unless they are greater in wisdom and number [than the fellow court]. If they are greater in wisdom but not number, or in number but not in wisdom, they are not able to nullify its words until they become greater in wisdom and number. [ . . . ]

5:6. Akavia ben Mehalalel testified regarding four issues. They said to him, “Akavia, retract those four issues that you stated, and we will make you the head of the court for Israel.” He said to them, “It would be better that I be called a fool all my days than be made a wicked man before the Omnipresent for even one hour, [and] in order that they not say ‘He retracted [those four teachings] for the sake of power.’”

He declared the hair [of a skin discoloration] and the greenish blood [of a vaginal discharge] impure, and the sages declared them pure. He permitted the wool of a blemished firstborn [animal] that fell out, and which they stored in a niche, and later they slaughtered [the animal], and the sages forbade it. He used to say: One does not make a female convert or an emancipated slave woman drink [the waters of bitterness administered to determine the guilt or innocence of one suspected of adultery]. And the sages say: We do make [them] drink. They said to him, “Once Karkamit, an emancipated slave woman, was in Jerusalem, and Shemaya and Avtalyon made her drink.” He said to him, “They made her drink a likeness [of the waters].”

They excommunicated him, and he died while excommunicated, and the court stoned his coffin.

R. Judah said: Heaven forbid that Akavia was excommunicated. For the [Temple] court was never locked against a man of Israel as wise and fearful of sin as Akavia ben Mehalalel. But whom did they excommunicate? Eliezer ben Ḥanokh, who questioned the [laws of] the purity of hands. And when he [Eliezer ben Ḥanokh] died, the court instructed that they put a stone on his coffin. This teaches that they stone the coffin of anyone who dies under a ban.

7. At the time of his [Akavia’s] death, he said to his son, “My son, retract the four issues that I stated.” He said to him “Why did you yourself not retract?” He said to him, “I heard them from the mouth of the majority, and they [the sages] heard [their traditions] from the mouth of the majority. I stood by my tradition, and they stood by their tradition. But you heard from the mouth of the individual [my tradition] and [their tradition] from the mouth of the majority. It is better to leave the words of the individual and hold fast to the words of the majority.”

He said to him, “Father, commend me to my colleagues.” He said to him, “I will not commend you.” He said to him, “Perhaps you have found some fault in me?” He said, “No, but it is your [own] deeds that will bring you near [to them] and your [own] deeds that will distance you [from them].”

Translated by Christine Hayes.