Our Gemara on Amud Aleph discusses when a fish becomes considered as food, which then makes it susceptible to tuma’a, as live animals do not become tamey.

“With regard to fish, from when are they susceptible to impurity as food? Beis Shammai say: From when they are caught in a trap, as at this point they are considered food, since they do not require slaughter. And Beis Hillel say: From when they die. Rabbi Akiva says: From when they are no longer able to live.”

Rav Shlomo Yosef Zevin (Ohr Halacha 175) explains a fundamental idea that is behind many of the disputes between Beis Shammai and Beis Hillel. Beis Shammai considers potential as already active while Beis Hillel considers only the physical manifestation. For example, in this situation, according to Beis Shammai, the fish are already food since they are caught and will be eaten. However, according to Beis Hillel, they are not food until they die.

There are other interesting examples of disputations between these two schools of thought that plainly tie into this underlying idea. In Bereishis Rabbah (1), Beis Shammai say the heavens were created first, while Beis Hillel say the Earth was created first. One focuses on the practical material world, and the other focuses on the infinite and unlimited potential world. In a halachic dimension, we find a dispute regarding when a get (divorcement bill) becomes active enough to render a woman a divorcée, in terms of no longer being able to marry a Kohen (Gittin 81a):

“Beis Shammai says: Although merely writing the bill of divorce does not dissolve the marriage, by doing so he disqualifies her from marrying into the priesthood. And Beis Hillel says: Even if he gave the bill of divorce to her conditionally and the condition was not fulfilled, and therefore the bill of divorce did not take effect, he did not disqualify her from marrying into the priesthood. A woman is disqualified from marrying into the priesthood only if the divorce takes effect.”

This is a clear example of the difference between potential and actual.

One final example comes from Mishna Oktzin (3:11) regarding when honeycombs become susceptible to Tum’ah:

“When do honeycombs become susceptible to uncleanness on account of their being regarded as liquids? Beis Shammai says: from the moment he begins to smoke the bees out. But Beis Hillel says: once he breaks up the honeycomb.”

This may be why we have a tradition from the Arizal that the halakha will be in accordance with Beis Shammai in the world to come (Sefas Emmes, Korach 5647). In the Messianic future, all potentials become actualized.

However, there are two exceptions to this pattern:

The Gemara Kesuvos (16b-17a) discusses how truthful one should be when praising a bride at the wedding.

“The Sages taught: How does one dance before the bride, i.e., what does one recite while dancing at her wedding? Beis Shammai says: One recites praise of the bride as she is, emphasizing her good qualities. And Beis Hillel say: One recites: A pretty and exceptional bride.

Beis Shammai said to Beis Hillel: In a case where the bride was lame or blind, does one say with regard to her: A pretty and exceptional bride? But the Torah states: ‘Keep you from a false matter’ (Exodus 23:7). Beis Hillel said to Beis Shammai: According to your statement, with regard to one who acquired an inferior acquisition from the market, should another praise it and enhance its value in his eyes or condemn it and diminish its value in his eyes? You must say that he should praise it and enhance its value in his eyes and refrain from causing him anguish.”

Here Beis Shammai focuses on the practical reality and Beis Hillel on the potential. (Everyone is potentially beautiful and exceptional.)

Similarly, in this famous story from Shabbos (31a), Hillel sees a converts potential despite his impudence and Shammai does not:

“There was another incident involving one gentile who … came before Shammai and said to him: Convert me on condition that you install me as High Priest. Shammai pushed him with the builder’s cubit in his hand. He came before Hillel; he converted him. …

After he studied for some period and learned that a convert can never be a kohen, he accepted it.”

The Gemara reports that later he reflected that Hillel’s patience saved him.

In both of these cases Hillel chooses the potential over the reality. Why?

I believe since it was about a human soul and its possibilities, Hillel saw potential as actual, because people are different and uniquely not bound by fate. In addition, when it came to respecting and believing another human, to Hillel, potential was real.

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Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation

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Rabbi Simcha Feuerman, Rabbi Simcha Feuerman, LCSW-R, LMFT, DHL is a psychotherapist who works with high conflict couples and families. He can be reached via email at simchafeuerman@gmail.com