Yaakov of Kefar Nevorai once issued a ruling in Tyre that fish require ritual slaughter. Rabbi Ḥagai heard this and sent a message to him: ‘Come here to be flogged.’ He said to him: ‘Is a man who says a Torah concept to be flogged?’ He said to him: ‘From where in the Torah is this derived?’
He said to him: ‘From what is written: “God said: Let the water swarm with swarms of living creatures, and let birds fly above the earth” – just as a bird requires ritual slaughter, so, too, fish require ritual slaughter.’ He said to him: ‘You did not issue a proper ruling.’ He said to him: ‘From where can you prove it to me?’ He said to him: ‘Bend over,2Assume the position for flogging. and I will prove it to you.
It is as it is written: “Will flocks and cattle be slaughtered for them and it suffice for them? If all the fish of the sea will be gathered for them, will it suffice for them?” (Numbers 11:22). “Will be slaughtered” is not written here [regarding fish], but rather, “will be gathered.”’ He said to him: ‘Strike your blows, beat your beating, as it is helpful in learning a lesson.’
Yaakov of Kefar Nevorai once issued a ruling in Tyre that it is permitted to circumcise the son of a non-Jewish woman3The father of the child being a Jew. on Shabbat. Rabbi Ḥagai heard this and sent a message to him: ‘Come here to be flogged.’ He said: ‘Is a man who says a Torah concept to be flogged?’ He said to him: ‘From where in the Torah is this derived?’
He said to him: ‘“They verified their lineages by their families, by their patrilineal houses” (Numbers 1:18) – the family of the father is called family; the family of the mother is not called family.’4And since the child has a Jewish father he is Jewish and requires circumcision, even on Shabbat. He said to him: ‘You did not issue a proper ruling.’ He said to him: ‘From where can you prove it to me?’
He said to him: ‘Bend over and I will prove it to you.’ He said: ‘If the son of a non-Jewish woman were to come to you and say: I want to become a Jew,5To undergo conversion, which includes circumcision. with the stipulation that I be circumcised on Shabbat or on Yom Kippur, would one desecrate it for him?6Circumcision involves a desecration of Shabbat. Is it not so that one desecrates Shabbat and Yom Kippur only for [circumcising] the son of an Israelite woman?’7It is permissible to circumcise a Jewish baby on his eighth day even if it falls on Shabbat.
He said to him: ‘From where do you derive this?’ [He said:] ‘It is from what is written: “Now, let us establish a covenant with our God to send away all the [non-Jewish] wives, and those born from them, according to the counsel of the Lord…”’ (Ezra 10:3). He said to him: ‘Rabbi, are you flogging me based on received Scripture?’8“Received Scripture” refers to any part of the Bible besides the Torah.
He said to him: ‘But is it not written there: “It shall be done in accordance with the Torah”?’ (Ezra 10:3). He said to him: ‘From which [verse in the] Torah?’ He said to him: ‘From what Rabbi Yoḥanan said in the name of Rabbi Shimon ben Yoḥai: “You shall not intermarry [with them]” (Deuteronomy 7:3). Why?
“Because he9Your non-Jewish son-in-law. will divert your son10Your grandson, borne by your daughter. from following Me” (Deuteronomy 7:4) – your [grand]son who comes from an Israelite woman is called your son, but your [grand]son who comes from a non-Jewish woman is not called your son.’11Therefore the Torah does not voice any concern about your non-Jewish daughter-in-law leading her son astray, as he is not considered Jewish.
He said to him: ‘Strike your blows, as it is helpful for absorbing [a lesson]; beat your beating, as it is helpful in learning a lesson.’