Akavya ben Mahalalel testified [concerning] four matters. [The Sages] said to him: “Akavya, rescind [from your position] on the four matters that you have said, and we will appoint you the av beis din for the Jewish people.” [Akavya] replied to them: “It is preferable for me to be called a fool all my days and not become a wicked person for even one mo-ment before the Omni-present; that [people] should not say: `[Akavya] retracted from his opinions for the sake of [obtaining a position of] authority.' ” He [Akavya] would declare tamei the deposited hair and yellow [uterine] blood, but the Sages declare [them] tahor. He would permit [benefiting from] the hair of a blemished bechor which fell out and was placed in a recess in the wall and afterwards he slaughtered [the animal], but the Sages prohibit [it]. He [Akavya ben Mahalalel] used to say: We do not give to drink neither to a female convert, nor to a freed slavewoman. But the Sages say: We do give [them] to drink.They said to him: An incident once took place in Jerusalem [in connection] with Charkemis, a freed slavewoman, and Shemayah and Avtalyon gave her [sotah-water] to drink. [Akavya ben Mahalalel] replied to them: They gave her to drink similar.” And they excommunicated [Akavya], he died in a state of excommunication and the court had his coffin stoned. R' Yehudah said: Heaven forbid [that one say] that Akavya was excommunicated, for [the doors of] the Temple Courtyard did not close on anyone from [the entire People of] Israel who was [as great] in wisdom and in fear of sin as was Akavya ben Mahalalel. Rather, who was it that they excommunicated? [It was] Eliezer ben Chanoch, who slighted [the requirement of] keeping one's hands tahor. And when he died, the court sent its agents and they placed a stone on his coffin; which teaches you that when anyone is excommunicated and dies in a state of excommunication, [the court] stones his coffin.

At the time of [Akavya's] death he said to his son: “My son, retract from the four matters that I used to say.” He said to [Akavya his father]: “And why did you not retract yourself?” [Akavya] said to [his son]: “I heard [these rulings] pronounced by the ma-jority and they [the Sages] heard [them] pronounced by the majority. [Thus] I adhered to my received tradition and they ad-hered to their received tradition. But you heard [one set of rulings] pronounced by a [single] individual, [myself,] and [a con-flicting set of rulings] pronounced by the majority. [Therefore,] it is preferable [for you] to abandon the words of the indi-vi-dual and to grasp onto the words of the majority.” He said to [Akavya]: “Father, intercede with your colleagues about me.” [Akavya] answered him: “I will not intercede.” He said to [Akavya]: “Perhaps you have found some cause in me?” [Akavya] said to him: “No; [it is] your deeds [that] will bring you close [to the Sages] or your deeds [that] will distance you.”