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Numbers 27:11 - Next of kin inherits

Numbers 27:11 - במדבר 27:11

Hebrew Text

וְאִם־אֵין אַחִים לְאָבִיו וּנְתַתֶּם אֶת־נַחֲלָתוֹ לִשְׁאֵרוֹ הַקָּרֹב אֵלָיו מִמִּשְׁפַּחְתּוֹ וְיָרַשׁ אֹתָהּ וְהָיְתָה לִבְנֵי יִשְׂרָאֵל לְחֻקַּת מִשְׁפָּט כַּאֲשֶׁר צִוָּה יְהוָה אֶת־מֹשֶׁה׃

English Translation

And if his father have no brothers, then you shall give his inheritance to his kinsman that is next to him of his family, and he shall possess it: and it shall be to the children of Yisra᾽el a statute of judgment, as the Lord commanded Moshe.

Transliteration

Ve-im ein achim le-aviv u-netatem et-nachlato lish'ero hakarev eilav mi-mishpachto ve-yarash ota ve-hayeta livnei Yisrael le-chukat mishpat ka-asher tziva Adonai et-Moshe.

Hebrew Leining Text

וְאִם־אֵ֣ין אַחִים֮ לְאָבִיו֒ וּנְתַתֶּ֣ם אֶת־נַחֲלָת֗וֹ לִשְׁאֵר֞וֹ הַקָּרֹ֥ב אֵלָ֛יו מִמִּשְׁפַּחְתּ֖וֹ וְיָרַ֣שׁ אֹתָ֑הּ וְֽהָ֨יְתָ֜ה לִבְנֵ֤י יִשְׂרָאֵל֙ לְחֻקַּ֣ת מִשְׁפָּ֔ט כַּאֲשֶׁ֛ר צִוָּ֥ה יְהֹוָ֖ה אֶת־מֹשֶֽׁה׃ <span class="mam-spi-pe">{פ}</span><br>
וְאִם־אֵ֣ין אַחִים֮ לְאָבִיו֒ וּנְתַתֶּ֣ם אֶת־נַחֲלָת֗וֹ לִשְׁאֵר֞וֹ הַקָּרֹ֥ב אֵלָ֛יו מִמִּשְׁפַּחְתּ֖וֹ וְיָרַ֣שׁ אֹתָ֑הּ וְֽהָ֨יְתָ֜ה לִבְנֵ֤י יִשְׂרָאֵל֙ לְחֻקַּ֣ת מִשְׁפָּ֔ט כַּאֲשֶׁ֛ר צִוָּ֥ה יְהֹוָ֖ה אֶת־מֹשֶֽׁה׃ {פ}

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Parasha Commentary

Inheritance Laws in the Absence of Brothers

The verse (Bamidbar 27:10) discusses the laws of inheritance when a deceased man has no brothers. Rashi explains that the Torah establishes a clear hierarchy for inheritance: if there are no sons, the inheritance passes to daughters (as stated in the previous verses); if there are no daughters, it goes to the father's brothers; and if there are no brothers, it is given to the closest relative (she'er karov) within the family. This demonstrates the Torah's meticulous system for preserving family lineage and property.

The Concept of She'er Karov (Close Relative)

According to Rambam (Hilchot Nachalot 1:3), the term she'er karov refers to the nearest blood relative in the paternal line. The Talmud (Bava Batra 109a) elaborates that the order of precedence follows: the father (if still alive), then the father's father, and so on, moving upward in the paternal lineage before considering other relatives. This ensures that property remains within the family structure as much as possible.

A Divine Statute of Justice

The verse concludes by emphasizing that this law is a chukat mishpat (statute of judgment) commanded by Hashem to Moshe. The Midrash (Bamidbar Rabbah 21:8) teaches that this phrase underscores the divine wisdom behind these laws—they are not arbitrary but rooted in justice and the preservation of societal order. The Sforno adds that this system prevents disputes and ensures fairness in inheritance matters.

Practical Implications

  • The inheritance laws prioritize keeping land within the tribe, as later clarified in Bamidbar 36 regarding the daughters of Tzelofchad (Rashi on Bamidbar 27:11).
  • The Gemara (Bava Batra 115b) derives from this verse that a convert's property follows the same principles, passing to closest relatives even if they are not Jewish, as the Torah's laws apply universally in such cases.
  • Ramban notes that the phrase "as Hashem commanded Moshe" reinforces the divine origin of these laws, linking them to the broader covenant at Sinai.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Batra 109b
The verse is cited in a discussion about the laws of inheritance, specifically regarding the order of heirs when there are no brothers.
📖 Yevamot 24a
The verse is referenced in the context of discussing the laws of yibbum (levirate marriage) and inheritance rights.

Frequently Asked Questions

Q: What does Numbers 27:11 teach about inheritance in Judaism?
A: Numbers 27:11 teaches the laws of inheritance when a man dies without sons. If the deceased has no brothers (from his father's side), the inheritance passes to the closest relative in his family. This establishes a clear order for passing down property, ensuring fairness and continuity within the tribe, as commanded by Hashem to Moshe.
Q: Why is the order of inheritance important in the Torah?
A: The order of inheritance is important because it maintains family and tribal structure in Israel. The Torah (as explained in Rashi and Talmud, Bava Batra 108b) prioritizes keeping land within the family and tribe to preserve ancestral heritage. This prevents disputes and ensures that each tribe's portion in Eretz Yisrael remains intact.
Q: How does this verse apply today if we don't have tribal land inheritance?
A: While we no longer divide tribal lands, the principle of orderly inheritance remains relevant. Halacha (Jewish law, based on Rambam's Mishneh Torah, Laws of Inheritance) still follows a similar structure: if someone dies without children, inheritance goes to the closest relatives. This ensures fairness and honors the Torah's system of family responsibility.
Q: What does 'a statute of judgment' mean in this verse?
A: The phrase 'a statute of judgment' (חֻקַּת מִשְׁפָּט) means this is a permanent, binding law. Rashi explains that it emphasizes these inheritance rules are not optional—they are a divine decree from Hashem to Moshe, to be followed precisely by all of Israel in all generations.
Q: Why does the Torah specify cases where there are no brothers or sons?
A: The Torah specifies these cases (as discussed in Midrash Tanchuma) to teach that every possible situation must have a just solution. By addressing edge cases—like no sons or brothers—the Torah ensures no family line is cut off without an heir, reflecting Hashem's compassion and commitment to preserving every Israelite's legacy.