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Beyond the letter of the law : essays on diversity in the halakhah in honor of Moshe Zemer / edited by Walter Jacob
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Peter Knobel

Make war with Sihon . Even though he does not seek to interfere with you, you must open hostilities against him; as it says, Rise ye up, take your journey, and pass over the valley of Aron and contend with him[Sihon ] in battle(Deut. 2:24). Moses , however, did not do so but, in accordance with what 1s written lower down, sent messengers(Deut. 2: 26). The Holy One, blessed be He, said to him: By your life, I shall cancel My own words and confirm yours; as it says,When You draw near unto a city to fight against

»» 8 it, then proclaim peace unto it(Ibid. 20:10)

An even more dramatic and more directly relevant example is the Oven of Aknai. Professor Fisch sees this famous passage as a dramatic confrontation between R. Eliezer, whom he identifies as a traditionalist, and the antitraditionalists. The excommunication of a

sage of R. Eliezers prominence is unprecedented.

This was the oven ofAknai. Why[the oven of]Aknai? Said Rab Judah in Samuel's name:[It means] that they encompassed it with arguments as a snake, and proved it unclean. It has been taught: On that day R. Eliezer brought forward every imaginable argument, but they did not accept them

Said he to them:If the halakhah agrees with me, let this carob-tree prove it! Thereupon the carob-tree was torn a hundred cubits out of its place­others affirm, four hundred cubits.No proof can be brought from a carob­tree, they retorted. Again he said to them:If the halakhah agrees with me, let the stream of water prove it! Whereupon the stream of water flowed backwardsNo proof can be brought from a stream of water, they rejoined. Again he urged:If the halakhah agrees with me, let the walls of the schoolhouse prove it, whereupon the walls inclined to fall. But R. Joshua rebuked them, saying:When scholars are engaged in a halahkic dispute, what have ye to interfere? Hence they did not fall, in honor of R. Joshua, nor did they resume the upright, in honor of R. Eliezer; and they are still standing thus inclined. Again he said to them:If the halakhah agrees with me, let it be proved from Heaven! Whereupon a Heavenly Voice cried out:Why do ye dispute with R. Eliezer, seeing that in all matters the halakhah agrees with him! But R. Joshua arose and exclaimed:It is not in heaven.(Deut . 30:12) What did he mean by this? Said R. Jeremiah:That the Torah had already been given at Mount Sinai: we pay no attention to a heavenly voice, because Thou hast long since written in the Torah at Mount Sinai,After the majority must one incline.

R. Nathan met Elijah and asked him:What did the Holy One, Blessed be He, do in that hour? He laughed[with joy], he replied, saying,My sons have defeated Me, My sons have defeated Me. It was said:On that day all