“It is Time to Act for the Lord” 81

objects which R. Eliezer had declared clean were brought and burnt in fire.” 0

. 1 [hen they took a vote and excommunicated him.

Reform thinkers have long used this passage almost exclusively to justify openness in the rabbinic system. Fisch, who offers a detailed and sustained argument in support of the existence of the antitraditionalist element in talmudic writings, utilizes this passage as only one example. It is important to note that Fisch is addressing his argument not to Progressives , although his work is relevant for us. He is concerned to demonstrate that this view is legitimate for those who would identify themselves as Orthodox .

The Rashi to Hag. 3b makes clear that the halakhah is fixed by an assessment of the quality of the argument rather than by an appeal to tradition. The one important caveat is that those who are engaged in the argument are fully committed both to the process and to the theological principle underlying the process that they are trying to discern the divine will.

“Make your ear like the hopper” For since the hearts of all the disputants are

prudently directed to the heavens, therefore acquire an attentive ear, study

[their words] and acquaint yourself with each of their[conflicting] opinions,

when you are capable of discerning which of them is best suited[to the

situation at hand], declare the halakhah to be as he says. 3 This Rashi furthers the argument in asserting that differ times may require different answers.

. For when two dispute the views of one another, one of them claiming he said this and the other claiming that he said that,[at least] one them is

lying[i.e., misrepresenting the truth]. But if two amoraim disagree on a

matter of law, on which should be permitted and what should be forbidden,

no lying is involved. Each of them is[merely] presenting his own opinion.

One of them finds reason to permit, while the other finds reason to prohibit,

one argues one way and the other argues differently. And in[such cases as

these] we say“both are the word of the living God .” For at times one particular line of reasoning may apply while at[other] times a different line of reasoning may apply. Indeed any reason could be wholly reverse at the slightest change of circumstance. If Fisch is correct, then openness to testing and verification is already built into the rabbinic concept of Talmud Torah.”