As anyone who has ever planned a wedding can tell you, who is honored in what way is a huge deal. Relationships frequently run aground on questions of who gets seated where and the order in which people are acknowledged. On today’s daf, the rabbis have some firm opinions on this question.
The context is the continuing discussion of the daughters of Zelophehad, the biblical women whose challenge to Moses concerning their inheritance has provided the basis for many pages of talmudic discussion about the general laws of inheritance. On yesterday’s daf, the rabbis derived that the daughters were wise, learned and righteous. On today’s daf, the rabbis note a curious discrepancy between the two times in the Book of Numbers that the names of the five daughters are listed:
Later on, the verse lists them according to their age, stating: “For Mahlah, Tirzah, and Hoglah, and Milcah, and Noa, the daughters of Zelophehad, were married” (Numbers 36:11), and here according to their wisdom: “And these are the names of his daughters: Mahlah, Noa, and Hoglah, and Milcah, and Tirzah.” (Numbers 27:1) This supports Rabbi Ami, as Rabbi Ami says: In sitting (in judgment or learning Torah), follow wisdom. In reclining (for a meal), follow age. Rav Ashi says: And this is so only when one is outstanding in wisdom, then wisdom trumps age; and this is so only when outstanding in age.
When the daughters first raise a claim to their father’s estate in Numbers 27, they are listed as: Mahlah, Noa, Hoglah, Milcah and Tirzah. But in Numbers 36, they are listed again in a different order: Mahlah, Tirzah, Hoglah, Milcah and Noa. Naturally, the rabbis want to know why the order was changed, and they conclude that the latter verse lists them in the order they were married, which in ancient times typically followed the order of age, with the oldest daughter marrying first. The earlier listing, the rabbis conclude, follows the order in which we honor Torah scholars — namely, based on their relative wisdom.
Lest we think this is merely a bit of folk wisdom, the great medieval work of Jewish law, the Shulchan Aruch, actually codifies this as a list of priorities in terms of who gets priority seating and speaks first:
1. Extraordinary wisdom over extraordinary age in a learning or legal context;
2. Extreme seniority over extreme wisdom at a celebratory gathering;
3. Extraordinary wisdom over a minor difference in age;
4. Extraordinary age over merely above average wisdom;
5. Age over wisdom if neither is particularly old or wise.
It’s got to be incredibly awkward telling someone, “Sorry, you’re not especially wise, so you don’t get to go first.” But at least we have guidelines.
And these aren’t the only ones. The Talmud actually has a fair bit to say about this subject. When we get to Tractate Sanhedrin, we’ll learn that during a trial, judges are seated at the front, and other judges are seated in three semicircular rows facing them, with the most senior judges in the first row, the second most senior in the second row, and the most junior in the third row. If one of the judges ends his participation in the trial due to death or some other cause, the most senior person in the first row comes up to join his colleagues and everyone else shifts forward one seat, with the most senior person in the second and third rows becoming the least senior person in the row ahead.
And it’s not just about seating. In Sanhedrin, we’ll also learn that in delivering a verdict in cases involving monetary law and ritual impurity, judges state their individual position one at a time, starting with the most senior judge. But in capital cases, we begin with the most junior judge. Maimonides explains that this is because in the most serious capital cases, less experienced judges might be afraid to disagree with more senior judges and simply defer. If that were the case, the most senior judge would effectively be the only voice that counted.
But much of the rabbinic opinion around these questions has no obvious rationale. Why strike a balance between wisdom and age? And how do we even decide who is the smartest and most wise? The Talmud doesn’t say. But the truth is, these issues are still with us, whether it’s which author is listed first on a publication, who gets seated at the head table, or who headlines a music festival. We can at least appreciate the rabbis’ attempt to come up with a rubric for determining order and minimizing the chaos and arguing that might otherwise ensue.
Read all of Bava Batra 120 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on October 23, 2024. If you are interested in receiving the newsletter, sign up here.
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