MISHNAH: Yose ben Yoezer The pairs enumerated here were the joint heads of the Pharisaic leadership from Hasmonean to Herodian times, as enumerated in Avot, Chapter 1. says not to lean on. The verse requires that the owner of a well-being sacrifice lean with his hands on the animal before it is slaughtered (Lev. 3:2,7,13), but there is no indication that omission of the ceremony would in any way disqualify the sacrifice. By tradition, the owner has to push down on the animal with all his force. Doing this on a holiday is at least rabbinically forbidden as illegitimate use of an animal. Now it is explained in Eruvin Chapter 10 that most, but not all, rabbinic restrictions on Sabbath and holidays were disregarded in the Temple. The disagreement is whether the prohibition to push down on an animal is observed in the Temple for holiday sacrifices offered on a holiday or not., Yose ben Joḥanan says to lean on. Joshua ben Perahia says not to lean on, Matthew from Arbel says to lean on. Jehudah ben Tabbai says not to lean on, Simeon ben Shetah says to lean on. Shemaiah says to lean on, Avtalion says not to lean on. Hillel and Menaḥem did not disagree. Menaḥem left and Shammai entered; Hillel says to lean on, Shammai says not to lean on. The first ones were Patriarchs, the second Presidents of the Court. HALAKHAH: Originally the only disagreement in Israel was about leaning on. Then rose Hillel and Shammai and made it four The disagreement noted here and those reported in Mishnaiot Idiut 1-3.. After the students of the House of Shammai and students of the House of Hillel increased who did not sufficiently serve their teachers, disagreements increased in Israel and they were split into two sects; these declare impure and those declare pure, and the prior state will not be reconstituted until the arrival of David’s son The Messiah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Rabbinic Sabbath prohibitions shall not be unimportant in your eyes, since leaning on is only a meritorious act and the fathers of the world disagreed about it. Rebbi Yose said, this implies that one has to press down with all his weight. If it were not so we would have to say that it is forbidden to touch an animal on the Sabbath. Hillel and Menaḥem did not disagree. Menaḥem left and Shammai entered.” Where did he leave to? Some are saying, from behavior he left to behavior In the Babli 16b: He left to bad behavior, which certainly means that he rejected Pharisaic Judaism but leaves unanswered the question whether he became an apostate or an adherent of a competing sect.. But some are saying, he left against his face In the Babli: He left to work for the king (Herod.), he and eighty pairs of students of the Sages, wearing golden tirqe A word of unknown meaning and etymology. In the Babli: silk garments, not appropriate for Pharisaic Sages., whose faces became black like the rim of a pot A clay pot. when they were told, write on a bull’s horn that you have no part in the God of Israel. We have stated: Jehudah ben Ṭabbai was Patriarch, and Simeon ben Shetaḥ President of the Court; there are Tannaim who switch. What happened in Alexandria supports him who said, Jehudah ben Tabbai was Patriarch. [The people of Jerusalem] wanted to appoint him Patriarch in Jerusalem. The people from Jerusalem did write: From the great Jerusalem to the small Alexandria: How long still will my betrothed live in your midst and I am sitting sorrowful about him? He took leave and started on a ship. He said, I remember the lady of the house who received us; what is she missing? One of his students told him, her eye is damaged. He told him, you have sinned twice; first that you suspected me, and second that you looked at her. Did I say that she was beautiful in looks? I only said that about her deeds. He was taking offense and he left He died.. What happened in Ascalon supports him who said, Simeon ben Sheṭaḥ was president. Two pious men were in Ascalon. They ate together, drank together, and studied Torah together. One of them died, and nobody attended his funeral. The son of Ma`yan the publican died; the entire city stopped working to attend his funeral. The other pious man started crying and said woe, do the haters of Israel have no hope? He was shown in a dream that it was said to him, do not denigrate your Master’s children. This one committed one sin and died with it, the other one did one good deed and died with it. What sin did this pious man commit? Far be it that he committed a sin, but once he put on his head phylacteries before his arm phylacteries. What good deed did the son of publican Ma`yan do? Far be it that he ever committed a good deed, but once he prepared a breakfast for the city council but they did not come to eat it. He said, let the poor eat it, so it should not go to waste. Some say, he was walking in the street when a loaf fell down from him and a poor person picked it up. He did not say anything [in order not to embarrass him]. After days this pious man saw his comrade the pious walking in gardens, in orchards, at water sources, and he saw the son of Ma`yan the publican with his tongue out on the river bank trying in vain to reach the water. He also saw Miriam, Onion-leaf’s daughter. Rebbi Eleazar bar Yose said, she was hanging on her breast nipples. Rebbi Yose ben Ḥanina said, the hinge of Hell’s door was fixed in her ear. He asked them, why? They told him, because she fasted and made herself famous. Some say, she fasted one day and was dissolute two. He asked them for how long is she in this state? They told him, until Simeon ben Shetah comes, when we shall remove it from her ear and put it in his ear. [He asked them, and why?] They told him, because he said, that if I would be elected Patriarch, I would kill sorcerers. But now he was made Patriarch and he did not kill them. In fact, there are eighty women sorcerers in the cave of Ascalon who hurt the world. You shall go and tell him! He told them, I am afraid that since he is Patriarch he will not believe me. They told him, if he will believe you it will be good. In case that he will not believe you, perform a sign in front of him: put your hand on an eye and take it out, put it back and it will be back. He went and told him. He wanted to perform [the miracle] before him, but he told him, I know that you are a pious person; more than that you could do. In fact, I never spoke it with my mouth even though I intended so in my thoughts. Immediately Simeon ben Shetaḥ went on a stormy day and took with him eighty select men. He gave them eighty clean garments, put them in eighty new amphoras, and put them on them upside down. He told them, when I whistle once, put on your garments. When I whistle for the second time, come in all of you together. When you enter, each of you shall choose one and lift her from the ground, since the nature of this sorcery is that separated from the earth it cannot do anything. He went and stood at the entrance to the cave. He said אוים, אוים, open for me, I am one of yours. They asked, how did you come here on such a day? He said, I was walking between the raindrops. They asked him, what do you want to do here? He said, to learn and to teach. Every one should make what he is able to. One of them said what she said and produced bread. One of them said what she said and produced meat. One of them said what she said and produced dishes. One said what she said and produced wine. They asked him, what can you do? He told them, when I whistle twice, I shall bring here eighty select men for your pleasure and entertainment. They told him, that is what we desire. When he whistled the first time, they put on their garments; when he whistled for the second time, they all entered together. He said, every one who comes shall select his mate. They lifted them, took them away, and crucified them. That is what we have stated: “It happened that Simeon ben Shetaḥ hanged women in Ascalon. [They said, he hanged eighty women but one does not try two on the same day.” But the hour needed it.] It was stated Babli Sanhedrin 46a, Yebamot 90b. In the Babylonian version is added: “not to transgress the Torah, but to make a fence around the Torah.” This means that the court must act under emergency rules covered by the police powers of the king (or assumed by the court in the absence of a legitimate government.). “Rebbi Eliezer ben Jacob said, I heard that one punishes not according to practice and punishes not according to Torah.” How far? Rebbi Eleazar ben Rebbi Yose said, up to a murmur The court may act on hearsay.. Rebbi Yose said, by witnesses, but without warning He disputes that hearsay is ever accepted (except when expressly permitted as in the case of a husband who has disappeared) and always requires valid testimony. In emergency situations he permits rendering judgment if the criminal act was proven but not the criminal intent in that there is no proof that the perpetrator was warned by valid witnesses not commit the criminal act.. It happened that one went on the road riding in his horse on the Sabbath. They brought him to court and stoned him. But was it not a rabbinic violation While the rider broke the positive biblical commandment to let his animal rest on the Sabbath, this is not a prosecutable offense. Riding on the Sabbath or holiday is a rabbinic prohibition (Mishnah Yom Tov 5:2), not prosecutable by biblical standards and certainly not a capital crime.? But at the time In the Babylonian texts: “in the times of the Greeks”. He was executed not for riding on his horse on the Sabbath but for showing support for the Seleucide party during the Maccabean wars. it was needed. Also it happened that one went on the road together with his wife. He turned to behind a wall and satisfied his needs with her. They brought him to court and whipped him. But was it not his wife No criminal act was committed.? But he behaved in a degrading way. A rich tax-gatherer called Ma’jan had done many evil deeds. In the same city, lived a young. poor student of the Torah. They both died and had funerals on the same day.⁠a Ma’jan’s was splendid. Work stopped throughout the city as the townspeople followed him to his final resting place. However, no-one took any notice of the death of the student, let alone his funeral. Why should this be? The answer is this …. Ma’jan had arranged a banquet to which he invited the city councillors – unsurprisingly, they refused to attend and eat with a tax-gatherer, and so, to show his contempt for them, Ma’jan invited all the poor, sick and beggars of the city to attend instead. As he presided over this magnificent charitable act, death overtook him, and all his evil deeds were forgotten by the people because of the good deed in which he was engaged at the moment of his death. Now, one of the student’s friends had a dream, in which he saw the fate of the two souls after their death. The student was in paradise, the garden of the King, enjoying its beauty and the richness of its vegetation and streams. The man who had been rich in his life, Ma’jan, was also standing on the banks of the stream, trying to reach the water, but unable to do so.