[Avodah] How Does One Reconcile the Following Incident?

[Richard Wolberg]

Mishpatim: Following the Majority Opinion
A story about Rabbi Akiva, when the famed second century Talmudic sage  
was a young scholar...
Rabban Gamliel, the head of Sanhedrin, hosted a gathering of scholars  
in the town of Jericho. The guests were served dates, and Rabban  
Gamliel honored Rabbi Akiva with reciting thebrachah achronah (final  
blessing). However, Rabban Gamliel and the other sages disagreed about  
which blessing should be said after eating dates. The young scholar  
quickly made the blessing - in accordance with the opinion of the  
other rabbis.

"Akiva!" exclaimed Rabban Gamliel. "When will you stop butting your  
head into Halachic disagreements?"

"Our master," Rabbi Akiva replied calmly, "it is true that you and  
your colleagues disagree in this matter. But did you not teach us that  
the Law is decided according to the majority opinion?" [Brachot 37a]

In truth, it is hard to understand Rabban Gamliel's criticism. What  
did he expect Rabbi Akiva to do? Why was he upset?

Two Methods to Resolve Disputes

In order to resolve legal disputes, there are two methods a scholar  
may use to decide which opinion should be accepted as law.

The first way is to conduct an extensive analysis of the subject to  
find out the truth. We examine the issue at hand, weighing the  
reasoning and supporting proofs for each view, until we can determine  
which opinion is the most logical.

However, if we are unable to objectively decide which opinion is more  
substantiated, we fall back on the second method. Instead of the  
truth, we look for consensus. We follow the majority opinion - not  
because it is more logical or well-reasoned - but out of the simple  
need to establish a normative position and avoid disagreement and  
conflict. If we are seeking consensus and peace, then the most widely  
held opinion is the preferred one.

Rabban Gamliel was critical of Rabbi Akiva because he thought the  
young scholar had the audacity to decide which opinion was the correct  
one. Therefore he castigated him, "When will you stop butting your  
head into these legal disagreements?" In other words, where did you  
get the idea that you could use your head - your own powers of logic  
and reasoning - to decide issues that are beyond your expertise and  
knowledge?

Rabbi Akiva responded that he hadn't presumptuously tried to decide  
which opinion is correct. Rather, he had simply applied the second  
method of resolving a legal dispute: deciding the issue by consensus,  
according to the majority opinion.

[adapted from Ein Ayah vol. II, p. 176]

There are two issues which are troublesome. Number one: If Rabban  
Gamliel honored Rabbi Akiva, even if Rabbi Akiva did the incorrect  
thing, Rabban Gamliel's public reprimand was humiliating and certainly  
bordered on his being malbin pnei chaveiro berabim  (Bava Metzia 59a;  
Sotah 10b). Secondly: Rabbi Akiva did exactly how Rabban Gamliel  
taught him. So it seems as if Rabban Gamliel turned on his own  
teaching, as well as on his brilliant pupil. Also, Rabbi Akiva showed  
himself to be much greater than his teacher in his humble response.

ri



ri
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