Yevamos - Daf 14
- Machlokes if Beis Shammai followed their own opinion
The Gemara says that Reish Lakish and Rav hold that Beis Shammai did not follow their own opinion regarding being matir the tzaros of an ervah to do yibum, and Rebbe Yochanon and Shmuel hold that they did. The Gemara asks: אימת - When did this machlokes of Beis Shammai and Beis Hillel take place? אילימא קודם בת קול - If you say it was before a bas kol announced that the halachah always follows Beis Hillel, then what would be the explanation of those who hold that Beis Shammai did not follow their own opinion? And if it was after the bas kol, then what would be the reasoning of those who hold that Beis Shammai did not follow Beis Hillel? The Gemara answers that you could say it was before the bas kol. According to the ones who say Beis Shammai followed Beis Hillel, it was because Beis Hillel were the majority. According to the ones that Beis Shammai did not follow Beis Hillel, even though Beis Hillel were the majority, it was because Beis Shammai מחדדין טפי – they were sharper. Alternatively, you could say it was after the bas kol. According to the ones who hold that Beis Shammai followed Beis Hillel, it was because of the bas kol. According to those who say Beis Shammai followed their own opinion, they hold like the opinion of Rebbe Yehoshua that אין משגיחין בבת קול, - we do not pay attention to a Bas Kol in resolving halachic disputes.
- We do not say לא תתגודדו when the groups are in two places
The Gemara asks: According to those who say that Beis Shammai followed their own opinion, קרינן כאן לא תתגודדו – Why was there no issue here of lo sisgodidu, which means,לא תעשו אגודות אגודות – Do not make separate factions? Abaye answers that we only say lo sisgodidu in a situation of two courts in one city where one court follows Beis Shammai, and one court follows Beis Hillel. But two courts in two cities, is not a problem. And the opinions of Beis Shammai and Beis Hillel were followed in two cities. Rava asked Abaye, והא ב"ש וב"ה כשתי בתי דינים בעיר אחת דמי – But Beis Shammai and Beis Hillel disagreeing, is like the case of two courts in one city, as members of both of them live in the same city? Rava answered differently, that lo sisgodidu only applies within one court, when some of the judges follow Beis Shammai and some follow Beis Hillel. אבל שתי בתי דינין בעיר אחת לית לן בה – But in a case when there are two batei dinim in one town, where one follows Beis Shammai and the other follows Beis Hillel, there is no problem of לא תתגודדו.
- Beis Shammai and Beis Hillel had חיבה and ריעות with each other
It was stated in a Baraisa:אף על פי שנחלקו בית שמאי בית הלל בצרות - Even though Beis Shammai and Beis Hillel disagreed about being matir tzaros in the case of yibum, and other halachos, לא נמנעו בית שמאי מלישא נשים מבית הלל ולא בית הלל מבית שמאי – Beis Shammai did not refrain from marrying women from Beis Hillel, and Beis Hillel did not refrain from marrying women from Beis Shammai, ללמדך שחיבה וריעות נוהגים זה לזה – to teach you that they treated each other with affection and friendship, to fulfill that which is stated: "האמת והשלום אהבו" – Love truth and peace.
