Question: After 120, what will a person be judged on first: limud haTorah or other issues?
Short Answer: The poskim debate whether the first question will be about limud haTorah or honesty in business.
I. The Contradiction
The Gemara (Sanhedrin 7a) states that “t’chilas dino” (first item of judgment) of a person is on “divrei Torah.” Rashi explains that the Gemara is discussing the questions that a person will get l’asid lavo. The first question will be why he did not learn Torah. On the other hand, the Gemara (Shabbos 31a) states that a person is first judged on his business dealings, and only afterwards on his Torah learning.
At first glance, this appears to be a blatant contradiction. What aspect of a person’s life is he judged on first: his worldly dealings or his Torah learning? This question is addressed by many of the poskim.
II. Answers of Tosafos
Tosafos (Sanhedrin) gives two answers. First, he suggests that Sanhedrin is discussing a person who never learned anything at all; his first question will be about limud haTorah. Shabbos is discussing a person who learned Torah but was never kovei’a itim. His first question – because he at least learned something – will be about worldly dealings. Second, Tosafos suggests that a person will be judged first about worldly dealings but will be punished first for his limud haTorah aveiros.
III. The Hegyonei HaParshah
Rav Ari Wasserman (Hegyonei HaParshah, Ki Savo, p. 470) cites numerous additional answers.
First, the Maharsha (Sanhedrin, ibid.) answers that Sanhedrin discusses a person who can be matzliach in his learning. Such a person will be judged first on limud haTorah, as that is his tafkid in life. Shabbos discusses a person who does not have the abilities to be successful, and thus his focus should be on acting honestly in business. He therefore will be asked first about his worldly pursuits, including his business. Of course, he will then be asked about his k’vius itim, as even such a person must designate time to learn. See Article #2.
Second, the Tur (Orach Chayim 155) actually switches around the order of the questions that are listed in Shabbos. The Beis Yosef points out that the Tur is holding that the order in Shabbos is lav davka; these are just the questions a person will be asked. The correct order, however, according to both sources in the Gemara is first about Torah, then about worldly pursuits. Note, though, that the Bach amends the text of the Tur to fit with the order of Shabbos.
Third, the sefer Yad Chanoch (as cited in Hegyonei HaParshah) distinguishes between two types of questions. First, a person will be asked about general and fundamental tenets of the world, i.e., doing business so one can eat and other worldly pursuits. Only afterwards will a person be asked about his own personal obligations, in which Torah is of course first.
Fourth, the Ben Yehoyada (Sanhedrin) interprets the Shabbos question about work to be really discussing learning Torah SheB’al Peh. In other words, first a person will be asked about his Torah SheB’al Peh, whether it was done be’emunah – without intent to attack others.
Fifth, the Pri Tzadik says something similar. Shabbos is a question about emunah: Did you have the proper emunah, which enabled you to focus primarily on Torah and not be bogged down by work? Accordingly, really the first question is about Torah.
IV. Additional Answers
The sefer Mas’eis HaMelech (VaEschanan, p. 313) answers based on the Rambam. The first question about learning Torah is actually a “pre-question.” If a person did not learn, he potentially has an excuse to a question about the honesty of his business dealings, as he doesn’t know the proper halachah or how to act. Thus, first we clarify if he learned Torah; and then, we ask the “first” question about his business dealings.
The Maharatz Chiyus (Shabbos, ibid.) cites the Vilna Gaon, who explains that all six of the questions in Shabbos are really references to the six Sidrei Mishnah. In other words, “did you act honestly in business” is really a question about Seder Z’ra’im: Did you learn it well?
The Noam Elimelech (cited in Sh’eiris Menachem, p. 131) understands that first you will be asked about Torah, which is essentially the same question as “did you have emunah.” This is really the meaning of the question about business dealings.
Rav Shmuel Dovid Friedman shlita (M’tzuveh V’Oseh, Vol. 1, p. 153) suggests a kabbalistic answer. Since a person who steals must return to this world as a gilgul in order to repay the victim, there is a “pre-question” after a person dies: Did you act honestly in business? If yes, there is no further judgment. If no, the “first” question – about Torah learning – is posed.
V. The Beautiful K’dushas Levi
The K’dushas Levi (cited in Hegyonei HaParshah) has a beautiful answer to our contradiction between the two sources in the Gemara. Both sources actually detail the same question. How a person acts during business reflects on whether he understands and lives the Torah. Not stealing is an actualization and limud of the law not to steal. Not looking at an inappropriately dressed woman is an act of learning the laws pertaining to tz’nius. Thus, both questions – did you engage honestly in business and did you learn Torah – are actually the same question that is asked to the person “first.”
VI. The Halachah
Notably, the Shulchan Aruch (Yoreh Dei’ah 246:19) paskens that a person will first be asked about learning Torah.
Interestingly, Rav Chaim Kanievsky zt”l (Mah Tovu Ohalecha, 20, p. 125) was asked what a woman will be asked first after 120, as she is not obligated in limud haTorah. He responded that her first question will be whether she interrupted her husband when he was learning.
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
