רבי אביתר

Rav Evyatar was an amora of the second generation in Eretz Yisrael. He sent word to Rav Chisda that a get (divorce paper) brought from Bavel to Eretz Yisrael does not require the messenger to declare that it was written and signed in his presence. The Gemara explains that neither reason behind that takanah holds between these two lands: in Bavel they are expert in writing a get lishmah, and caravans travel constantly between them, so witnesses to confirm the get are at hand.

This new ruling of his set off a discussion in the yeshiva of Pumbedita over his standing in psak. Rav Yosef questioned it, citing a letter Rav Evyatar had once sent to Rav Yehudah in which he wrote seven words quoting a pasuk without ruled lines — against the ruling of Rabbi Yitzchak that one may not write even three words of a pasuk on parchment without sirtut. Abaye rejected the objection and wondered at it: is an amora who has not heard another amora’s ruling therefore no authority? The matter is not one derived by sevara but a halacha l’Moshe miSinai that he had simply not received from his rebbeim.

Abaye then brought a proof the other way, from the machloket between Rav Evyatar and Rabbi Yonatan over the pasuk of the pilegesh b’Givah, each of them explaining the matter differently. Afterward Rav Evyatar met Eliyahu HaNavi and asked what Hashem was occupied with at that hour. Eliyahu answered that He was engaged in that very sugya, and was saying: Evyatar My son says thus, and Yonatan My son says thus. Eliyahu explained further that although there is no doubt before Heaven, eilu v’eilu divrei Elokim chayim — whatever is said in the beit midrash is Torah, and both of them had spoken truly. Rav Chaim of Volozhin brings this account in Nefesh HaChaim as a proof that whatever Yisrael say in Torah is as though it were said from the mouth of the Almighty. The Yerushalmi states that Rav Evyatar had two sons.