The Oven of Akhnai is a Talmudic story found in Bava Metzia 59a-b which is set around the early 2nd century CE. In the Talmud, the story is told after a discussion of being careful not to mistreat a person and the power of prayers which are said in pain to be heard by God. The story concerns a debate which was held over the halakhic status of a new type of oven. In the course of the rabbinic disagreement, the story expresses differing views of the nature of law and authority, concerns over a fractured and divisive community, and the issue of harming another person through words and actions.
Story
A new type of oven is brought before the Sanhedrin, consisting of tiles separated from one another by sand, but externally plastered over with cement. The rabbis debate whether or not this oven is susceptible to ritual impurity. Rabbi Eliezer ben Hurcanus argues that the oven is ritually pure while the other rabbis, including the nasi Rabban Gamaliel, argue that the oven is impure. When none of Rabbi Eliezer's arguments convince his colleagues, he cries out, "If the halakha is in accordance with my opinion, this carob tree will prove it." At this point, the carob tree leaps from the ground and moves far away. The other rabbis explain that a carob tree offers no proof in a debate over law. Rabbi Eliezer cries out, "If the halakha is in accordance with my opinion, the stream will prove it." The stream begins to flow backwards, but again the other rabbis point out that one does not cite a stream as proof in matters of law. Rabbi Eliezer cries out, "If the halakha is in accordance with my opinion, the walls of the study hall will prove it." The walls of the study hall begin to fall, but are then scolded by Rabbi Joshua ben Hananiah who reprimands the walls for interfering in a debate among scholars. Out of respect for Rabbi Joshua, they do not continue to fall, but out of respect for Rabbi Eliezer, they do not return to their original places.
In frustration, Rabbi Eliezer finally cries out, "If the halakha is in accordance with my opinion, Heaven will prove it." From Heaven a voice is heard, saying, "Why are you differing with Rabbi Eliezer, as the halakha is in accordance with his opinion in every place that he expresses an opinion?" Rabbi Joshua responds, "It [the Torah] is not in heaven" (Deuteronomy 30:12). He responds in this way because the Torah, which was given by God to mankind at Sinai, specifically instructs those who follow it that they are to look to the received Torah as their source and guide. The Torah says, "It is not in heaven, that you should say, 'Who will go up to heaven for us, and get it for us so that we may hear it and observe it?' Neither is it beyond the sea, that you should say, 'Who will cross to the other side of the sea for us, and get it for us so that we may hear it and observe it?' No, the word is very near to you; it is in your mouth and in your heart for you to observe" (Deuteronomy 30:12-14).
Rabbi Joshua's response then expresses the view that the work of law is a work of human activity, and that the Torah itself supports this legal theory. The Torah is not a document of mystery which must have its innate meaning revealed by a minority, but it is instead a document from which law must be created through the human activity of debate and consensus. Rabbinic literature was capable of recognizing differing opinions as having a degree of legitimacy (Yer. Ber. 3b), yet the community remains united and the ruling which is ultimately followed comes through proper jurisprudence. As such, Rabbi Eliezer's miraculous appeals represent a differing legal theory and were outside of proper jurisprudence which meant that they would not be followed. Instead the Jewish community followed the ruling of the majority in this issue and in others. The Talmud asks how God responded to this incident. We are told that upon hearing Rabbi Joshua's response, God smiled and stated, "My children have triumphed over Me; My children have triumphed over Me."
After this incident, the rabbis under Rabban Gamaliel choose to ostracize Rabbi Eliezer from their community. Rabbi Akiva, a student of Rabbi Eliezer, volunteers to bring this news to Rabbi Eliezer. Rabbi Akiva dresses himself in clothes of mourning, and he delicately says to Rabbi Eliezer, "My teacher, it appears to me that your colleagues are distancing themselves from you." Rabbi Eliezer tears his clothes in mourning and begins to cry. It was said that Rabbi Eliezer had the power to destroy the whole world, yet due to the respectful manner in which he was ostracized, only a third of the world's crops were destroyed.