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Tosefta Yevamot.1.13

"לעולם הלכה כדברי בית הלל,
הרוצה להחמיר על עצמו לנהוג כדברי בית שמיי וכדברי בית הלל,
על זה נאמ' הכסיל בחשך ילך,

התופס קולי בית שמיי וקולי בית הלל רשע,
אלא אם כדברי בית שמיי כקוליהן וכחומריהון,
אם כדברי בית הלל כקוליהון וכחומריהון."

"Whoever wishes to be stringent upon themselves and follow the rulings of both the House of Shammai and the House of Hillel, it is said: 'The fool walks in darkness.'
The one who adopts the lenient rulings of the House of Shammai and the lenient rulings of the House of Hillel is wicked."

Both seem counterintuitive: following all the stringencies sounds pious, and since the leniences of both houses are strict Halachic rulings believed to descend from the Living God, following all of them can not be considered wicked.

Why does the Tosefta consider it foolish to follow the stringencies of both, and why does it call one who picks the leniencies as wicked?

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    It's talking about a case where the same stringency becomes a leniency somewhere else, and vice versa (Eruvin 7a)
    – User123
    Commented Jul 28 at 16:37
  • Doesn't halacha say you are supposed to follow Bet Hillel? Commented Jul 29 at 8:37
  • @MauriceMizrahi A keen observation. It appears that the idea of Halachic resolution or a ruling Halacha was adopted much later toward the end of Babylonian Talmud, so the opening phrase "לעולם הלכה כדברי בית הלל" is more of a political statement (since they eventually usurped the rulership) and not Halachic, as we observe disagreements for hundreds of years.
    – Al Berko
    Commented Jul 29 at 10:21

1 Answer 1

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There is a principle of דרך ישרה - straight path that a person should follow (mishna Avos 2:1). Every system of halacha is based on it. For example, when commenting on the דירשו edition of Mishnah Berurah, my rosh yeshivah praised that it is considered balanced. Straight path is important, because it is considered as a way of peace, RaDaK on Psalms 119:165 and many others. Following leniencies, according to the mishnah is tiferes for oneself, following stringencies is tiferes to Hashem and other people - both may give a wrong impression.

Finally, to answer your specific question about wickedness of leniencies, that's due Avos 5:10: [One that says:] “mine is mine, and yours is mine” is a wicked person. In this case, a lenient person is only concerned about own tiferes. While the word tiferes is translated as honor in Sefaria, it's meaning is glory, splendor, as in the description of Aharon's vestments. I.e. it has connection to spiritual reward.

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  • Thank you. What do you mean by "Every system of halacha", how many are there?
    – Al Berko
    Commented Jul 28 at 21:51
  • @AlBerko in your question it was Beis Hillel vs. Beis Shammai; in learning Gemara with commentary, it is Rashi vs. Tosafos; nowadays sefardi vs. ashkenazi, etc. In general every posek has his definition of straight path, and follows a specific logic, as Shtika K'hodaa tried to argue.
    – Y DJ
    Commented Jul 28 at 22:40
  • @AlBerko i added a final point to fully answer your question.
    – Y DJ
    Commented Jul 28 at 23:02
  • I don't get how following fully Halachic leniences makes it to "mine is mine, and yours is mine". And I'm not familiar with the term tifferes, is that a Kabbalistic term?
    – Al Berko
    Commented Jul 29 at 10:36
  • @AlBerko from the point of observance tiferes contained in the mitzvah is only for the lenient. It's not kabbala, but think of spiritual benefit.
    – Y DJ
    Commented Jul 29 at 10:47

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