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Numbers 36:8 - Daughters preserve tribal inheritance?

Numbers 36:8 - במדבר 36:8

Hebrew Text

וְכָל־בַּת יֹרֶשֶׁת נַחֲלָה מִמַּטּוֹת בְּנֵי יִשְׂרָאֵל לְאֶחָד מִמִּשְׁפַּחַת מַטֵּה אָבִיהָ תִּהְיֶה לְאִשָּׁה לְמַעַן יִירְשׁוּ בְּנֵי יִשְׂרָאֵל אִישׁ נַחֲלַת אֲבֹתָיו׃

English Translation

And every daughter, who possesses an inheritance in any tribe of the children of Yisra᾽el shall be wife to one of the family of the tribe of her father, that the children of Yisra᾽el may enjoy every man the inheritance of his fathers.

Transliteration

Vechol-bat yoreshet nachala mimateot bnei yisrael le'echad mimishpachat mateh aviha tihyeh le'isha lema'an yirshu bnei yisrael ish nachalat avotav.

Hebrew Leining Text

וְכׇל־בַּ֞ת יֹרֶ֣שֶׁת נַחֲלָ֗ה מִמַּטּוֹת֮ בְּנֵ֣י יִשְׂרָאֵל֒ לְאֶחָ֗ד מִמִּשְׁפַּ֛חַת מַטֵּ֥ה אָבִ֖יהָ תִּהְיֶ֣ה לְאִשָּׁ֑ה לְמַ֗עַן יִֽירְשׁוּ֙ בְּנֵ֣י יִשְׂרָאֵ֔ל אִ֖ישׁ נַחֲלַ֥ת אֲבֹתָֽיו׃
וְכׇל־בַּ֞ת יֹרֶ֣שֶׁת נַחֲלָ֗ה מִמַּטּוֹת֮ בְּנֵ֣י יִשְׂרָאֵל֒ לְאֶחָ֗ד מִמִּשְׁפַּ֛חַת מַטֵּ֥ה אָבִ֖יהָ תִּהְיֶ֣ה לְאִשָּׁ֑ה לְמַ֗עַן יִֽירְשׁוּ֙ בְּנֵ֣י יִשְׂרָאֵ֔ל אִ֖ישׁ נַחֲלַ֥ת אֲבֹתָֽיו׃

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Parasha Commentary

Context of the Verse

This verse (Bamidbar 36:8) appears in the context of the request made by the daughters of Tzelofchad (Bamidbar 27) regarding inheriting their father's portion in Eretz Yisrael. The Torah here establishes the law that daughters who inherit land must marry within their own tribe to ensure tribal land holdings remain intact.

Rashi's Explanation

Rashi (Bamidbar 36:8) explains that this commandment was given specifically to the daughters of Tzelofchad and to all future generations. The purpose was to prevent land from transferring between tribes through inheritance, thereby maintaining the original tribal boundaries established by Yehoshua when dividing Eretz Yisrael.

Rambam's Halachic Perspective

In Mishneh Torah (Hilchos Nachalos 6:1), the Rambam codifies this law, stating that this restriction applies only to the generation entering Eretz Yisrael and the subsequent Jubilee cycle. After that period, the prohibition was relaxed, though the ideal remained to marry within one's tribe to preserve ancestral inheritance.

Talmudic Discussion

The Gemara (Bava Basra 120a) discusses this verse extensively, deriving several principles:

  • The restriction applies only to inheriting daughters, not to regular heiresses
  • The prohibition was temporary, applying only until the first division of land was complete
  • The underlying concern was maintaining the integrity of each tribe's portion

Midrashic Insights

The Midrash (Bamidbar Rabbah 21:9) notes that this law demonstrates the Torah's wisdom in balancing individual rights with communal needs. While the daughters of Tzelofchad were granted their inheritance (a recognition of individual justice), restrictions were placed to protect the larger tribal structure.

Nachmanides' Commentary

Ramban (Bamidbar 36:8) emphasizes that this commandment reflects the special sanctity of Eretz Yisrael and the importance of maintaining the tribal divisions established by divine decree. He notes that this concern for tribal boundaries doesn't apply to other properties, only to ancestral land in Israel.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Batra 120a
The verse is discussed in the context of the laws of inheritance, particularly regarding the daughters of Zelophehad and the requirement for them to marry within their father's tribe to preserve tribal land holdings.

Frequently Asked Questions

Q: What does Numbers 36:8 mean?
A: Numbers 36:8 discusses the laws of inheritance for daughters in Israel. It states that daughters who inherit land from their fathers must marry within their own tribe to ensure that the land remains within the tribe's possession. This was to prevent land from transferring to other tribes through marriage, maintaining the tribal boundaries established by Hashem (Rashi on Numbers 36:8).
Q: Why was it important for daughters to marry within their tribe?
A: It was important for daughters who inherited land to marry within their tribe to preserve the tribal land allocations given by Hashem during the division of the Land of Israel. If they married outside their tribe, the land would transfer to the husband's tribe during the Jubilee year (Yovel), disrupting the original distribution (Rambam, Hilchot Nachalot 6:1; Talmud, Bava Batra 120a).
Q: Does this law still apply today?
A: This law specifically applied when the Land of Israel was divided among the tribes and the Jubilee (Yovel) was observed. Since the tribal boundaries are no longer in effect today and the Jubilee is not currently observed, this law is not applicable in the same way (Rambam, Hilchot Shemitah V’Yovel 10:8). However, the principle of preserving family inheritance remains an important value in Jewish law.
Q: What lesson can we learn from this verse?
A: This verse teaches the importance of preserving family and tribal heritage, as well as following Hashem's commandments regarding land and inheritance. It also highlights the balance between individual rights (a daughter's inheritance) and communal responsibility (maintaining tribal unity) (Midrash Tanchuma, Pinchas 9).
Q: Were there any exceptions to this rule?
A: Yes, if a daughter inherited land but chose not to marry, the land remained within her tribe. Additionally, if she married a man from the tribe of Levi (who did not receive a land inheritance), the land would not transfer away from her original tribe (Talmud, Bava Batra 120b; Rashi on Numbers 36:8).