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36. Inheritance of Zelophelhad's Daughters

¹ The family heads of the clan of Gilead son of Makir, the son of Manasseh, who were from the clans of the descendants of Joseph, came and spoke before Moses and the leaders, the heads of the Israelite families. ² They said, “When the LORD commanded my lord to give the land as an inheritance to the Israelites by lot, he ordered you to give the inheritance of our brother Zelophehad to his daughters. ³ Now suppose they marry men from other Israelite tribes; then their inheritance will be taken from our ancestral inheritance and added to that of the tribe they marry into. And so part of the inheritance allotted to us will be taken away. ⁴ When the Year of Jubilee for the Israelites comes, their inheritance will be added to that of the tribe into which they marry, and their property will be taken from the tribal inheritance of our ancestors.”

⁵ Then at the LORD’s command Moses gave this order to the Israelites: “What the tribe of the descendants of Joseph is saying is right. ⁶ This is what the LORD commands for Zelophehad’s daughters: They may marry anyone they please as long as they marry within their father’s tribal clan. ⁷ No inheritance in Israel is to pass from one tribe to another, for every Israelite shall keep the tribal inheritance of their ancestors. ⁸ Every daughter who inherits land in any Israelite tribe must marry someone in her father’s tribal clan, so that every Israelite will possess the inheritance of their ancestors. ⁹ No inheritance may pass from one tribe to another, for each Israelite tribe is to keep the land it inherits.”

¹⁰ So Zelophehad’s daughters did as the LORD commanded Moses. ¹¹ Zelophehad’s daughters—Mahlah, Tirzah, Hoglah, Milkah and Noah—married their cousins on their father’s side. ¹² They married within the clans of the descendants of Manasseh son of Joseph, and their inheritance remained in their father’s tribe and clan.

¹³ These are the commands and regulations the LORD gave through Moses to the Israelites on the plains of Moab by the Jordan across from Jericho.

1. And the chief fathers of the families. It might appear strange that God had given an imperfect law with reference to succession, as if what will be now stated had not occurred to His mind until Moses was reminded by the chief men of the families (of Machir,) ²⁰¹²⁰¹ Added from Fr. that it was unjust that the inheritances should be alienated, which would have been the case if the daughters of Zelophehad had married into other tribes, whereas their portion had fallen in the lot of the tribe of Manasseh. For whatever fell into the hands of those of another tribe, was a diminution of that lot. As, therefore, God had lately made provision for preserving the rights of individuals, He now treats of the general advantage or loss. What, then, can be the meaning of the objection, that God only half considered what was right? In my opinion, He so arranged His replies, that only when inquired of He assigned to each one his rights. The daughters of Zelophehad come, and demand justice of Moses and the elders, and God complies with their prayers. Now the heads of the tribe come, and agitate the question respecting the loss they would incur by the alienation of the inheritances; and it is then provided that other tribes should not be enriched by their loss. In short, whereas God might have spontaneously anticipated this, He preferred to grant it at the request of those who asked nothing but what was just and equitable. For it cannot be said that in this case it happened, as it often does, that, whilst every one pertinaciously maintains his own cause, and is eager to advance his own interests, one question arises out of another; for, when God has taken cognizance of the case, He pronounces that both parties only demanded what was right. It follows, therefore, that God designedly withheld His decisions until they naturally arose out of the circumstances of the case. It is a common saying that the law makes no provision for those things which rarely occur. ²⁰²²⁰² “De his, quae frequenter fieri solent, non quae raro, leges fieri debent.” 1. 3. et sequentibus ff. de legib.; 1. 3. Digest. si pars haeredit, petatur; 1.28 ff. de judiciis; 1. ea quae 64, de regul. juris. Thus it would have been commonly supposed that this law was superfluous; and especially it would have detracted somewhat from the authority of his teaching, if Moses had treated of this trifling matter, had not circumstances led to it. In fine, God allowed Himself to be interrogated familiarly with respect to doubtful points of no primary importance, in order that posterity might recognize His reply as a proof of His fatherly indulgence. Meanwhile, let us bear in mind that if heavenly things are the subject of as much anxiety to us, as earthly things were to the children of Manasseh, the rule that we should observe will always be made clear to us.