Rav Kook Torah

Mishpatim: Following the Majority Opinion

Yemenite_elders

A story is told about Rabbi Akiva in his early years — a young scholar, yet already wise beyond his age.

Rabban Gamliel, head of the Sanhedrin, hosted a gathering of scholars in Jericho. The guests were served dates, and Rabban Gamliel honored Rabbi Akiva with reciting the brachah achronah, the blessing after eating.

But there was a problem. Rabban Gamliel and the other sages disagreed about which blessing should be said after eating dates. Rabbi Akiva, without hesitation, recited the blessing — in accordance with the opinion of the other rabbis.

Rabban Gamliel was taken aback.“Akiva!” he exclaimed. “When will you stop butting your head into Halachic disagreements?”

With humility, Rabbi Akiva replied, “Master, it is true that you and your colleagues disagree on this matter. But have you not taught us that the Halakhah follows the majority opinion?”

In fact, it is hard to understand Rabban Gamliel’s reaction. What did he expect of Rabbi Akiva? Why was he upset?

Two Paths: Logic and Consensus

Jewish law offers two ways to resolve disputes. The first is through rigorous analysis — examining sources, weighing arguments, and seeking truth through reason.

But not every dispute can be resolved this way. Sometimes, logic alone does not yield a clear answer. When that happens, we turn to the second method: consensus. We follow the majority opinion — not because the majority is necessarily right, but because unity has a value of its own. Law cannot exist in perpetual uncertainty. If we are to walk a shared path, we must establish a standard, and the most widely held opinion is the logical choice.

Rabban Gamliel was critical of Rabbi Akiva because he thought the young scholar had the audacity to decide the matter himself. Therefore he castigated him, “When will you stop butting your head into these legal disagreements?” In other words, what makes you think you can use your ‘head’ — rely on your own powers of reason — to settle disputes where greater sages disagree?

But Rabbi Akiva had not presumed authority beyond his place. He had not ruled by his own logic but had upheld the principle the Torah itself commands: Acharei rabim lehatot — “Follow the majority” (Exodus 23:2).

Rabbi Akiva understood that wisdom is not only knowing when to lead, but also when to follow.

(Adapted from Ein Eyah vol. II, p. 176 on Berachot 37a)