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Numbers 36:4 - Jubilee alters tribal inheritance?

Numbers 36:4 - במדבר 36:4

Hebrew Text

וְאִם־יִהְיֶה הַיֹּבֵל לִבְנֵי יִשְׂרָאֵל וְנוֹסְפָה נַחֲלָתָן עַל נַחֲלַת הַמַּטֶּה אֲשֶׁר תִּהְיֶינָה לָהֶם וּמִנַּחֲלַת מַטֵּה אֲבֹתֵינוּ יִגָּרַע נַחֲלָתָן׃

English Translation

And when the jubilee of the children of Yisra᾽el shall be, then shall their inheritance be added to the inheritance of the tribe unto which they are joined: so shall their inheritance be taken away from the inheritance of the tribe of our fathers.

Transliteration

Ve'im-yihyeh hayovel livnei yisra'el venosfah nachalatam al nachalat hammateh asher tihyenah lahem uminachalat mateh avoteinu yigare nachalatan.

Hebrew Leining Text

וְאִם־יִהְיֶ֣ה הַיֹּבֵל֮ לִבְנֵ֣י יִשְׂרָאֵל֒ וְנֽוֹסְפָה֙ נַחֲלָתָ֔ן עַ֚ל נַחֲלַ֣ת הַמַּטֶּ֔ה אֲשֶׁ֥ר תִּהְיֶ֖ינָה לָהֶ֑ם וּמִֽנַּחֲלַת֙ מַטֵּ֣ה אֲבֹתֵ֔ינוּ יִגָּרַ֖ע נַחֲלָתָֽן׃
וְאִם־יִהְיֶ֣ה הַיֹּבֵל֮ לִבְנֵ֣י יִשְׂרָאֵל֒ וְנֽוֹסְפָה֙ נַחֲלָתָ֔ן עַ֚ל נַחֲלַ֣ת הַמַּטֶּ֔ה אֲשֶׁ֥ר תִּהְיֶ֖ינָה לָהֶ֑ם וּמִֽנַּחֲלַת֙ מַטֵּ֣ה אֲבֹתֵ֔ינוּ יִגָּרַ֖ע נַחֲלָתָֽן׃

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Parasha Commentary

Context in Sefer Bamidbar

The verse (Bamidbar 36:4) discusses the laws of inheritance pertaining to the daughters of Tzelofchad and the broader implications for tribal land allocation during the Yovel (Jubilee) year. This arises from the concern raised by the leaders of Menasheh's tribe regarding potential loss of tribal land if daughters marry outside their tribe.

Rashi's Explanation

Rashi (Bamidbar 36:4) clarifies that when the Yovel year arrives, the inherited land of these women would permanently attach to the tribe of their husbands. This is derived from the phrase "וְנוֹסְפָה נַחֲלָתָן" ("their inheritance shall be added"), meaning the land becomes an inseparable part of the husband's tribe's territory. Conversely, "יִגָּרַע נַחֲלָתָן" ("their inheritance shall be taken away") teaches that the original tribe (Menasheh, in this case) permanently loses that portion of land.

Rambam's Halachic Perspective

In Hilchos Shemitah v'Yovel (10:8), the Rambam rules that this transfer of inheritance at Yovel applies specifically when the daughters inherit land due to lacking brothers. The Yovel's return of land to its original owners (Vayikra 25:10) does not apply here—instead, the land remains with the husband's tribe, demonstrating the Torah's balance between tribal integrity and individual inheritance rights.

Midrashic Insight

The Sifrei (Bamidbar 157) links this law to the broader principle of לא תסוב נחלה ממטה למטה אחר ("the inheritance shall not rotate from tribe to tribe"—Bamidbar 36:9). The Midrash emphasizes that while the Torah permits daughters to inherit, it establishes safeguards to prevent tribal boundaries from being erased, reflecting the Divine wisdom in maintaining both individual justice and national structure.

Key Halachic Implications

  • Permanent Transfer: The land's reassignment at Yovel is irreversible (Ramban, Bamidbar 36:4).
  • Tribal Boundaries: This law underscores the sanctity of Eretz Yisrael's tribal divisions, which reflect Divine allocation (Rambam, Hilchos Terumos 1:2).
  • Exception for Regular Sales: Unlike voluntary land sales (which revert at Yovel), inherited land through daughters follows this unique rule (Talmud, Bava Basra 120a).

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Batra 120a
The verse is discussed in the context of the laws of inheritance and the jubilee year, particularly regarding the inheritance rights of daughters when there are no sons.

Frequently Asked Questions

Q: What is the Jubilee (Yovel) mentioned in Numbers 36:4?
A: The Jubilee (Yovel) is a 50-year cycle in Jewish law where land returns to its original owners, slaves are freed, and debts are canceled. This verse discusses how inheritance laws apply during the Jubilee, ensuring tribal land stays within each tribe. The Torah commands this in Leviticus 25:8-13, and Rashi explains it as a time of restoration and freedom.
Q: Why does the verse talk about inheritance being added or taken away during the Jubilee?
A: This verse addresses concerns about land inheritance when daughters inherit property (as in Numbers 27). The Talmud (Bava Batra 120a) explains that if daughters married men from other tribes, their land could transfer to another tribe during the Jubilee. The Torah ensures tribal boundaries remain intact by requiring such women to marry within their father's tribe (Numbers 36:6-9).
Q: How does the Jubilee law apply today?
A: While the Jubilee laws are not fully observed today due to the lack of the Temple and full Jewish settlement in Israel, Rambam (Hilchot Shemita v'Yovel 10:8) teaches that these laws will be reinstated in messianic times. Today, we learn from the principles of economic justice, land stewardship, and social equality embedded in these laws.
Q: What is the significance of tribal inheritance in the Torah?
A: The Midrash (Bamidbar Rabbah 21:7) emphasizes that each tribe had a unique role and portion in Israel. Maintaining tribal inheritance ensured the fulfillment of Jacob's blessings (Genesis 49) and the proper division of the Land of Israel. Rashi on Numbers 36:7 notes this prevented tribal identities from being lost through inter-tribal land transfers.
Q: Why was it important for daughters to marry within their tribe?
A: As Rashi explains on Numbers 36:4, this prevented land from permanently transferring between tribes during the Jubilee. The Talmud (Bava Batra 120a) adds that this preserved the divine allocation of tribal territories. The daughters in Numbers 27 set a precedent by willingly marrying cousins to keep land within their tribe (Numbers 36:10-12), showing dedication to communal responsibility.