Numbers 36:2 - Daughters inherit land?

Numbers 36:2 - במדבר 36:2

Hebrew Text

וַיֹּאמְרוּ אֶת־אֲדֹנִי צִוָּה יְהוָה לָתֵת אֶת־הָאָרֶץ בְּנַחֲלָה בְּגוֹרָל לִבְנֵי יִשְׂרָאֵל וַאדֹנִי צֻוָּה בַיהוָה לָתֵת אֶת־נַחֲלַת צְלָפְחָד אָחִינוּ לִבְנֹתָיו׃

English Translation

and they said, The Lord commanded my lord to give the land for an inheritance by lot to the children of Yisra᾽el: and my lord was commanded by the Lord to give the inheritance of Żelofĥad our brother to his daughters.

Transliteration

Vayomru et-adoni tzivah Adonai latet et-ha'aretz b'nachala b'goral livnei Yisra'el va'adoni tzuvah ba'Adonai latet et-nachalat Tzelofchad achinu livnotav.

Hebrew Leining Text

וַיֹּאמְר֗וּ אֶת־אֲדֹנִי֙ צִוָּ֣ה יְהֹוָ֔ה לָתֵ֨ת אֶת־הָאָ֧רֶץ בְּנַחֲלָ֛ה בְּגוֹרָ֖ל לִבְנֵ֣י יִשְׂרָאֵ֑ל וַֽאדֹנִי֙ צֻוָּ֣ה בַֽיהֹוָ֔ה לָתֵ֗ת אֶֽת־נַחֲלַ֛ת צְלׇפְחָ֥ד אָחִ֖ינוּ לִבְנֹתָֽיו׃

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Parasha Commentary

Context of the Verse

This verse appears in Bamidbar (Numbers) 36:2, where the leaders of the tribe of Menashe approach Moshe with a concern regarding the inheritance of Tzelofchad's daughters. Earlier, in Bamidbar 27:1-11, the daughters of Tzelofchad successfully petitioned Moshe to receive their father's portion in Eretz Yisrael since he had no sons. Now, the tribal leaders raise a new halachic issue: if these women marry men from other tribes, their inherited land would transfer to those tribes during the Yovel (Jubilee) year.

Rashi's Explanation

Rashi (Bamidbar 36:2) explains that the tribal leaders were emphasizing two points:

  • The general commandment to divide the land by lot among the tribes (Bamidbar 26:52-56).
  • The specific commandment to grant Tzelofchad’s daughters their father’s inheritance (Bamidbar 27:7).

They were concerned that the latter could disrupt the former if the daughters married outside their tribe.

Halachic Implications

The Talmud (Bava Basra 120a) discusses this case extensively, noting that the inheritance laws were divinely ordained to maintain tribal boundaries. The resolution, as commanded by Hashem (Bamidbar 36:6-9), was that Tzelofchad’s daughters must marry within their father’s tribe (Menashe) to preserve the tribal allotments.

Midrashic Insights

The Midrash Tanchuma (Pinchas 9) highlights the righteousness of Tzelofchad’s daughters, who not only sought their rightful inheritance but also accepted the subsequent restriction to marry within their tribe. This demonstrates their commitment to both personal justice and national unity.

Rambam’s Perspective

Rambam (Hilchos Nachalos 6:1) codifies this ruling, stating that daughters who inherit land must marry within their tribe to prevent land from transferring to another tribe during Yovel. This ensures the fulfillment of Bamidbar 36:7: "No inheritance shall pass from one tribe to another."

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Batra 119b
The verse is discussed in the context of the inheritance rights of Zelophehad's daughters, illustrating the principle that daughters can inherit when there are no sons.

Frequently Asked Questions

Q: What does Numbers 36:2 mean?
A: Numbers 36:2 discusses the request made by the leaders of the tribe of Menashe regarding the inheritance of Tzelofchad's daughters. The verse explains that while Hashem commanded the land to be divided among the tribes of Israel by lot, there was a specific instruction to grant Tzelofchad's inheritance to his daughters, as they had no brothers to inherit it.
Q: Why is the inheritance of Tzelofchad's daughters important?
A: The case of Tzelofchad's daughters is important because it established a precedent in Jewish law (halacha) regarding inheritance when there are no male heirs. The Torah (Numbers 27:1-11) initially granted them the right to inherit their father's portion, and this verse (Numbers 36:2) addresses concerns about land transferring between tribes through marriage.
Q: What can we learn from Numbers 36:2 about fairness in inheritance?
A: From this verse, we learn that the Torah values fairness and justice in inheritance laws. Even though the general rule was that sons inherit, the Torah made an exception for Tzelofchad's daughters to ensure their father's name and legacy would continue. This teaches us that halacha can adapt to ensure righteousness and equity.
Q: How does the ruling about Tzelofchad's daughters apply today?
A: While the laws of inheriting the Land of Israel in biblical times do not apply today in the same way, the principles of fairness and ensuring family continuity remain relevant. Jewish law (halacha) still addresses inheritance matters with sensitivity to family needs, as seen in the rulings of the Talmud (Bava Basra) and later halachic authorities like the Rambam (Hilchos Nachalos).
Q: Why did the tribe of Menashe raise concerns about Tzelofchad's daughters inheriting?
A: The tribe of Menashe was concerned that if Tzelofchad's daughters married men from other tribes, their inherited land would transfer to those tribes when passed down to their children. This would reduce Menashe's portion in the Land of Israel. Hashem then commanded (Numbers 36:6) that such women must marry within their own tribe to preserve tribal land divisions, as explained by Rashi and the Talmud (Bava Basra 120a).