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1) AN ENACTMENT TO UNIFY THE SCHOOLS

(a) They were not able to complete the enactment in time.
(b) R. Shimon Ben Gamliel: What should we do for the earlier Tzaros?

1. If you say that Beis Shamai followed their teachings, this is understandable.
2. Question: If they didn't - what was his concern?
3. Answer (Rav Nachman Bar Yitzchak): He was only concerned for the Tzarah herself.

i. What should we do for Tzaros of Beis Hilel according to Beis Shamai?
ii. Suggestion: If we say that they should do Chalitzah - this will make their husbands view them with contempt!
iii. You cannot say we should do this - "(Torah's) paths are pleasant ... its ways are peace"!

(c) (Beraisa) R. Tarfon: I desire - when the Tzarah of a daughter will come to my hands, I will marry her! (Apparently, Beis Shamai followed their own teachings).
(d) Rejection: Rather, say, I will marry her off.
(e) Question: But he said, I desire!
(f) Answer: He desired to demonstrate that we do not hold as R. Yochanan Ben Nuri.
(g) (Beraisa): There was an episode with R. Gamliel's daughter that was married to his brother. His brother died without children, and R. Gamliel did Yibum on the Tzarah.
(h) Objection: But R. Gamliel was from Beis Hilel!
(i) Answer: His daughter was an Ailonis.
(j) Objection: The Beraisa ends, 'others say, she was an Ailonis' - we see, the first Tana says she was not!
(k) Answer #1: They argue whether the husband knew she was an Ailonis.
(l) Answer #2: They argue whether the Ervah prohibits the Tzarah when she was divorced after her husband married the Tzarah.
(m) Answer #3: They argue whether marital relations may be done conditionally (i.e. if she is an Ailonis, they should not make engagement).
(n) Question (Rav Mesharshei - Beraisa): It occurred that R. Akiva picked an Esrog on the 1st of Shevat and took 2 tithes, one as Beis Shamai and one as Beis Hilel.

1. We infer, Beis Shamai followed their own teachings.

(o) Rejection: R. Akiva was unsure how Beis Hilel hold, if Shevat 1 is the new year, or Shevat 15.
(p) Question (Mar Zutra): It occurred that Shamai's daughter-in-law gave birth on Sukos. He enlarged the Sukah to make room for the baby - this proves, they followed their own teachings!
(q) Answer: One cannot learn in general - there, one who saw would think he wanted more air.
(r) Question (Mar Zutra): There was a stone through which water flowed into a Mikveh; all pure foods in Yerushalayim relied on this Mikveh. Beis Shamai enlarged the hole, since they hold that the majority must be open.

1. (Mishnah): Mikvehs may be joined by an opening the size of a water-bag opening, namely a circle 2 fingers wide.
2. We see, Beis Shamai followed their own teachings.

(s) Answer: There, it appeared that they wanted more water to flow.
(t) (R. Elazar Bar Tzadok): When I learned by R. Yochanan Ben ha'Chorani ... I brought him olives, he saw that they were wet, and said that he does not eat olives.

1. I was told to tell him that they were collected in a porous basket which was sealed with sediment.
2. (Mishnah): A basket of densely packed olives - Beis Shamai says, there is no need to puncture the basket; Beis Hilel says, it must be punctured; they admit, if it was punctured and sealed with sediment, it is pure.
3. Even though R. Yochanan Ben ha'Chorani was from Beis Shamai, he acted as Beis Hilel.

i. If we say that Beis Shamai followed their own teachings, we understand why he said that R. Yochanan acted as Beis Hilel.
ii. If they did not - there was no need to say this!

(a) (Beraisa): They asked R. Yehoshua, what is the law of a Tzarah of a daughter.

1. R. Yehoshua: Beis Shamai and Beis Hilel argue on this.
2. Questioner: Like whom is the law?
3. R. Yehoshua: Why do you want to put my head between two great mountains, ... but I can testify about 2 great families in Yerushalayim, that came from Tzaras Ervah (that married others without Yibum or Chalitzah) and members of these families served as Kohen Gadol.

(b) Question: If we say that they followed their teachings, we understand R. Yehoshua's fear; if not, why was he afraid?
(c) Counter-question: Even if they followed their teachings - why was he afraid?

1. (R. Yehoshua): A Mamzer only results from Arayos punishable by death.

(d) Answer: True, the child (of Tzaras Ervah) is not a Mamzer - but a Kal v'Chomer teaches that he is blemished.

1. A widow that marries a Kohen Gadol, even though the prohibition does not apply to all people, the child is blemished - Tzaras Ervah, which applies to all people, all the moreso the child is blemished!

(e) Question: R. Yehoshua was asked about Tzaras Ervah, and he answered about the children?!
(f) Answer: They asked 2 questions.

1. What is the law of Tzaras Ervah?
2. If the law is as Beis Hilel - What does Beis Shamai hold by the children of Tzaras Ervah that married without Yibum or Chalitzah?

(g) Question: Why did they ask the 2nd question (if the law is as Beis Hilel)?
(h) Answer: To deduce the law of a man that remarries his divorcee after she married someone else.

1. Is this Kal v'Chomer valid? A widow that marries a Kohen Gadol, even though the prohibition does not apply to all people, the child is blemished - remarrying one's divorcee, which applies to all people, all the moreso the child is blemished!

I. Or, we can reject the Kal v'Chomer - the widow herself becomes blemished; in our case, she does not.