Akabia ben Mahalalel
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Akabia ben Mahalalel , was a Jewish religious teacher, probably of the second tannaitic generation
Tannaim
The Tannaim were the Rabbinic sages whose views are recorded in the Mishnah, from approximately 70-200 CE. The period of the Tannaim, also referred to as the Mishnaic period, lasted about 130 years...

 (1st and 2nd centuries).

Of his early history nothing is known; there are no references to his teachers and comparatively few of his sayings have been preserved . The Mishnah
Mishnah
The Mishnah or Mishna is the first major written redaction of the Jewish oral traditions called the "Oral Torah". It is also the first major work of Rabbinic Judaism. It was redacted c...

portrays him as a man who fearlessly and persistently maintained opinions on some halakhot
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

, even in cases where different traditions were held by the majority of his colleagues, because those opinions were founded on traditions he had received from his predecessors. On one occasion the majority demanded that he renounce his divergent opinions, but he refused. It was even intimated to him that in the event of his compliance he would be elevated to the position of Av Beit Din
Av Beit Din
Av Beit Din, Av Beis Din, or Abh Beyth Diyn . was the second-highest ranking member of the Sanhedrin during the Second Commonwealth period. He presided over the Sanhedrin in the absence of the Nasi, and was the chief of the Sanhedrin when it sat as a criminal court...

(president of the court), but Akabia rejected the proposition, remarking, "I would rather be called a fool all my lifetime than be a sinner for one moment." His traditional burial location is in Kfar Manda in the Lower Galilee.

In the course of the discussion of the halakah concerning the administration of "the water of jealousy" (Num. 5:11-31), Akabia declared that, if the subject of the test was not a free-born Jewess, the test-water was not to be administered; while the majority declared a proselyte
Proselyte
The biblical term "Proselyte", derives from the Koine Greek προσήλυτος/proselytos, as used in the Septuagint for "stranger", i.e. a "newcomer to Israel"; a "sojourner in the land", and in the New Testament for a convert to Judaism from Paganism...

 or an emancipated slave to be the equal of a free-born daughter in Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...

. In support of their view the majority cited a case in point, where the former associate presidents of the Sanhedrin
Sanhedrin
The Sanhedrin was an assembly of twenty-three judges appointed in every city in the Biblical Land of Israel.The Great Sanhedrin was the supreme court of ancient Israel made of 71 members...

, Shemaiah
Sh'maya (Mishnah)
Sh'maya was a rabbinic sage in the early pre-Mishnaic era who lived at the same time as Avtalyon. They are known as one of the zuggot : Sh'maya and Avtalyon...

 and Abtalion, had the test made on a freed woman; whereupon Akabia disdainfully exclaimed, Dugma hishḲuha. This might mean "To one like themselves they gave to drink," and may be construed as an allusion to an old rumor to the effect that these associate presidents were themselves lineal descendants of proselytes ; or it might mean "They gave her a sham to drink." The memory of those chiefs being held in esteem, Akabia's insinuation gave offense; wherefore the sentence of nidduy (isolation, excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...

) was passed on him. This he bore to the end of his days rather than violate his convictions. However, before his death, he admonished his son to submit to the views of the majority, even in the cases where he himself had shown such persistent opposition. His son expressing surprise at so apparent an inconsistency, the dying sage replied: "I have received my tradition from a majority of a school in my days, and so have my opponents. I was bound to conform to the tradition I had received; and so are they bound by their tradition. But thou hast heard the traditions both from myself and from my opponents; from a minority and from a majority, and it is proper for thee to reject the opinions of the individual and adopt the views of the majority" .

Another characteristic trait of 'Akabia was the great stress he laid on personal merit. When, on his deathbed, he was requested by his son to recommend him to the sages, he declined to do so. His son inquired whether his father had discovered in him any trait which rendered him unworthy of such recommendation; and 'Akabia's reply was, "No! but thine own deeds will make thee welcome, or thine own deeds will make thee obnoxious".

Akabia's motto in life was: "Remember whence thou hast come, whither thou goest, and before whom thou must be prepared to render an account of thy doings". Beyond this maxim
Maxim (philosophy)
A maxim is a ground rule or subjective principle of action; in that sense, a maxim is a thought that can motivate individuals.- Deontological ethics :...

 and the halakot enumerated above, nothing from him has been transmitted. As to his epoch scholars are divided. While some place him in the patriarchate of Hillel I (30 BC to 10 of the present era), and even somewhat earlier, others bring him down to the first tannaitic generation (10-80); still others believe that he flourished during the patriarchate of Gamaliel II
Gamaliel II
Rabban Gamaliel II was the first person to lead the Sanhedrin as Nasi after the fall of the second temple, which occurred in 70 CE. Gamliel was appointed nasi approximately 10 years later. Gamaliel II was the son of Shimon ben Gamaliel, one of Jerusalem's foremost men in the war against the...

 (80-117). The circumstances and scholastic achievements of the second tannaitic generation render Akabia's excommunication more reasonable.

The decree of excommunication failed to obscure Akabia's merited fame; for his name reached subsequent generations surrounded by such a halo of glory as to throw doubt on the decree itself. "God forbid," exclaims Judah b. Ilai, one of the tannaim of the fourth generation (139-165), "that we should think that Akabia was excommunicated, for the Temple
Temple in Jerusalem
The Temple in Jerusalem or Holy Temple , refers to one of a series of structures which were historically located on the Temple Mount in the Old City of Jerusalem, the current site of the Dome of the Rock. Historically, these successive temples stood at this location and functioned as the centre of...

 gates were never closed behind a man in Israel so great in wisdom and in the fear of sin as was Akabia ben Mahalalel" . This expression, which is based on the law forbidding an excommunicated person to enter the Temple court, was in later days taken literally, and gave rise to forced halakic discussions and comments , as well as to hypothetical speculations about the age of Akabia. Elsewhere it is said, "Whoever asserts that Akabia was ever excommunicated will have to answer before the tribunal of heaven." This observation is wrongly attributed to Judah b. Betera I
Judah ben Bathyra
Judah ben Bathyra or simply Judah Bathyra was an eminent tanna. He must have lived before the destruction of the Temple, since he prevented a pagan in Jerusalem from partaking of the Paschal offering...

; and conclusions as to Akabia's early age are erroneously deduced therefrom.
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