Is This Chicken Kosher?
  • Is Halakhah a system of laws that we have to follow to the letter in order to be considered good Jews?
  • Or is it something more intangible?
  • What role does human reasoning play?
  • How much consideration do we give to individual circumstances?
  • Just how flexible does Jewish law need to become to navigate the imperatives of the coming century?

(1) Introduction Rabbi Ishmael was a regular disputant with Rabbi Akiva. His teachers were Rabbi Eliezer and Rabbi Joshua. From Rabbi Nahuniah haKaneh he learned his midrashic methodology, for which he later became famous. His midrashic formula are still recited everyday by those who follow a traditional siddur (prayer book). In our mishnah Rabbi Ishmael discusses how one should act with other people of different social strata.

(יב) רַבִּי יִשְׁמָעֵאל אוֹמֵר, הֱוֵי קַל לְרֹאשׁ, וְנוֹחַ לְתִשְׁחֹרֶת, וֶהֱוֵי מְקַבֵּל אֶת כָּל הָאָדָם בְּשִׂמְחָה:

(12) Rabbi Ishmael said: be suppliant to a superior, gentle to the young, and receive every man happily.

Rabbi Joshua Culp

Rabbi Ishmael said: be suppliant to a superior, submissive under compulsory service, and receive every man happily. Be suppliant to a superior: According to Rabbi Ishmael, when one stands in the presence of a superior, he should consider himself inferior and serve him as he requests.

Gentle to the young. The interpretation is that when with young people, although one does not need to be suppliant with them, one should still treat them with respect.

Rambam

Receive every man happily: you need to greet every person - small or big, freeman or slave, every man of the human species - with joy.

תָּנוּ רַבָּנַן: ״וְאָסַפְתָּ דְגָנֶךָ״ מָה תַּלְמוּד לוֹמַר? — לְפִי שֶׁנֶּאֱמַר: ״לֹא יָמוּשׁ סֵפֶר הַתּוֹרָה הַזֶּה מִפִּיךָ״ — יָכוֹל דְּבָרִים כִּכְתָבָן, תַּלְמוּד לוֹמַר: ״וְאָסַפְתָּ דְגָנֶךָ״ — הַנְהֵג בָּהֶן מִנְהַג דֶּרֶךְ אֶרֶץ, דִּבְרֵי רַבִּי יִשְׁמָעֵאל.
The Sages taught: What is the meaning of that which the verse states: “And you shall gather your grain”? Because it is stated: “This Torah shall not depart from your mouths, and you shall contemplate in it day and night” (Joshua 1:8), I might have thought that these matters are to be understood as they are written; one is to literally spend his days immersed exclusively in Torah study. Therefore, the verse states: “And you shall gather your grain, your wine and your oil,” assume in their regard, the way of the world; set aside time not only for Torah, but also for work. This is the statement of Rabbi Yishmael.
תַּנְיָא אָמַר רַבִּי יִשְׁמָעֵאל בֶּן אֱלִישָׁע מִיּוֹם שֶׁחָרַב בֵּית הַמִּקְדָּשׁ דִּין הוּא שֶׁנִּגְזוֹר עַל עַצְמֵנוּ שֶׁלֹּא לֶאֱכוֹל בָּשָׂר וְלֹא לִשְׁתּוֹת יַיִן אֶלָּא אֵין גּוֹזְרִין גְּזֵרָה עַל הַצִּבּוּר אֶלָּא אִם כֵּן רוֹב צִבּוּר יְכוֹלִין לַעֲמוֹד בָּהּ

It is taught in a baraita (Tosefta, Sota 15:10) that Rabbi Yishmael ben Elisha said: From the day that the Temple was destroyed, by right, we should decree upon ourselves not to eat meat and not to drink wine, but the Sages do not issue a decree upon the public unless a majority of the public is able to abide by it.