both sides of the apparent contradiction. At the same time, the principle
hilchata ke-vatra-ei(literally, the law follows the later one) holds that once a
later scholar properly reinterprets an earlier ruling, the later ruling becomes
the definitive one.
The right to disagree, moreover, and the importance of minority opinion
were central elements of talmudic discourse, to the point where not every dis-
pute between Amoraic scholars had to be resolved. Teku(a shortened form of
tekum, meaning “let it stand”) is a periodic conclusion to talmudic discus-
sions. Recognizing the importance of allowing disputes to remain unresolved,
the rabbis assigned a larger meaning to this ordinary legal term by fashioning
the acronym Tishby yetaretz kushiyot ve-aba’ayot (“the prophet Elijah the
Tishbite will, at the onset of the Messianic Age, resolve all lingering ques-
tions and disputes”).
In addition, talmudic discourse tried to validate and clarify unsubstanti-
ated or puzzling Tannaitic statements. For example, the Mishnaic tractate on
marriage stipulated that “a virgin marries on Wednesday,” but offered only a
partial explanation. The Mishneh explained that in the case of a presumed
virgin bride who turns out on the wedding night not to be a virgin – thus
introducing the possibility of an adulterous or other illicit sexual relation
that would preclude the married couple from consummating the marriage –
the smitten groom might choose to remain in the adulterous marriage if he
had to wait a day or two before bringing the matter to court. Thus, the
Mishneh insisted that the couple marry on the day before court was in ses-
sion, so that “the groom could arise and come to court the very next
morning.” The rabbis of the Talmud, however, noted that although court
was in session on Monday and Thursday, the Mishneh stipulated only
Wednesday but not Monday – each being the day before court was in session.
The Gemara’s rabbis answered, “The rabbis of the Mishneh were concerned
with the welfare of the daughters of Israel,” and believed every bride was
entitled to a wedding that took three days to prepare. Since preparation on
the Sabbath for a post-Sabbath event was not permitted, a Monday wedding
would allow only one day of preparation – hence the statement “A virgin
marries on Wednesday.”
Beyond resolving disputes, a central goal of the Talmud is to regulate all
aspects of Jewish life, mundane and sacred, while discovering the potentially
sacred in all things. This aim is exemplified by the broad range of rabbini-
cally composed benedictions regarding even the most mundane of activities:
going to the bathroom. The rabbis defined the bathroom as a decidedly unsa-
cred space, where, for example, one was forbidden to pray. At the same time,
the rabbis of the Talmud recognized the miraculous nature of going to the
bathroom, and composed a benediction accordingly: “Blessed are you, Lord
our God, king of the universe, who has created man wisely, fashioning orifices
and openings, clear and known to the throne of his glory, such that if one of
The rise of Rabbinic Judaism 57