1 Then came the daughters of Zelophehad, the son of Hepher, the son of Gilead, the son of Machir, the son of Manasseh, of the families of Manasseh the son of Joseph: and these are the names of his daughters; Mahlah, Noah, and Hoglah, and Milcah, and Tirzah.
2 And they stood before Moses, and before Eleazar the priest, and before the princes and all the congregation, by the door of the tabernacle of the congregation, saying,
3 Our father died in the wilderness, and he was not in the company of them that gathered themselves together against the Lord in the company of Korah; but died in his own sin, and had no sons.
4 Why should the name of our father be done away from among his family, because he hath no son? Give unto us therefore a possession among the brethren of our father.
5 And Moses brought their cause before the Lord.
6 And the Lord spake unto Moses, saying,
7 The daughters of Zelophehad speak right: thou shalt surely give them a possession of an inheritance among their father's brethren; and thou shalt cause the inheritance of their father to pass unto them.
8 And thou shalt speak unto the children of Israel, saying, If a man die, and have no son, then ye shall cause his inheritance to pass unto his daughter.
9 And if he have no daughter, then ye shall give his inheritance unto his brethren.
10 And if he have no brethren, then ye shall give his inheritance unto his father's brethren.
11 And if his father have no brethren, then ye shall give his inheritance unto his kinsman that is next to him of his family, and he shall possess it: and it shall be unto the children of Israel a statute of judgment, as the Lord commanded Moses.
12 And the Lord said unto Moses, Get thee up into this mount Abarim, and see the land which I have given unto the children of Israel.
13 And when thou hast seen it, thou also shalt be gathered unto thy people, as Aaron thy brother was gathered.
14 For ye rebelled against my commandment in the desert of Zin, in the strife of the congregation, to sanctify me at the water before their eyes: that is the water of Meribah in Kadesh in the wilderness of Zin.
15 And Moses spake unto the Lord, saying,
16 Let the Lord, the God of the spirits of all flesh, set a man over the congregation,
17 Which may go out before them, and which may go in before them, and which may lead them out, and which may bring them in; that the congregation of the Lord be not as sheep which have no shepherd.
18 And the Lord said unto Moses, Take thee Joshua the son of Nun, a man in whom is the spirit, and lay thine hand upon him;
19 And set him before Eleazar the priest, and before all the congregation; and give him a charge in their sight.
20 And thou shalt put some of thine honour upon him, that all the congregation of the children of Israel may be obedient.
21 And he shall stand before Eleazar the priest, who shall ask counsel for him after the judgment of Urim before the Lord: at his word shall they go out, and at his word they shall come in, both he, and all the children of Israel with him, even all the congregation.
22 And Moses did as the Lord commanded him: and he took Joshua, and set him before Eleazar the priest, and before all the congregation:
23 And he laid his hands upon him, and gave him a charge, as the Lord commanded by the hand of Moses.
h.למשפחת מנשה בן יוסף OF THE FAMILIES OF MANASSEH THE SON OF JOSEPH — Why is this stated? Has it not already been said בן מנשה, and consequently we know that they belonged to the family of Manasseh the son of Joseph?! But it is to suggest the following idea to you: Just as Joseph held the Promised Land dear, as it is said, (Genesis 50:25) “And ye shall bring my bones up (to Palestine) from hence”, so, too, his daughters held the Land dear, as it is said, (v. 4) “Give us an inheritance”; and further to teach you that they were righteous all of them (everyone here mentioned in the pedigree), for in every case where a person’s doings and his ancestors’ doings are nowhere plainly described and Scripture somewhere enters into the details of the pedigree in respect to one of them, tracing his genealogy back to someone worthy of praise, it is evident that the person in question is himself a righteous man and a son of a righteous father. But if it gives his genealogy in connection with something deserving of reprobation, — as, for example, (2 Kings 25:25) “Ishmael the son of Nethanian the son of Elishama came … and smote Gedaliah”, then it is quite certain that all who are mentioned in connection with him were wicked people (Sifrei Bamidbar 133:1).
h.מחלה נעה וגו׳ MAHLAH, NOAH, etc. — But further on (Numbers 36:11) states, “And Mahlah, Tirzah were” (changing the position of the names within the verse): this is to tell you that they all were of equal worth one with another, and on this account it is that it changed their order (i.e. the order of their names) (Sifrei Bamidbar 133:2).
h.לפני משה ולפני אלעזר [AND THEY STOOD] BEFORE MOSES AND BEFORE ELEAZAR [THE PRIEST] — The fact that they approached Eleazar the Priest and not Aaron tells us that they stood before them (i.e., that this incident occurred) only (not earlier than) in the fortieth year after the Exodus indeed after Aaron’s death (Sifrei Bamidbar 133:3).
h.לפני משה [THEY STOOD] BEFORE MOSES, and afterwards לפני אלעזר, BEFORE ELEAZAR?! But is it possible if Moses did not know what reply to give them that Eleazar should know it? Rather, invert the words of the text and so expound it (before Eleazar and before Moses). This is the view of R. Josiah; but Abba Chanan said in the name of R. Eleazar that this inversion is unnecessary: they were sitting in the House of Study and they (the daughters of Zelophehad) stood before all of those who were present (Sifrei Bamidbar 133:3; Bava Batra 119b and Rashi on Numbers 9:6).
h.והוא לא היה וגו׳ AND HE WAS NOT [… IN THE CONGREGATION OF KORAH] — Because they intended to state בחטתו מת, that HE DIED IN HIS OWN SIN they felt compelled to say he had taken no part in the sin of those who murmured, nor had he been in the congregation of Korah who incited the people against the Holy One, blessed be He (cf. Sifrei Bamidbar 133:3, Bava Batra 118b), but he had died through his own sin only, and had not made others to sin with him (Sifrei Bamidbar 133:3). — As regards what this sin was, R. Akiba said that he was the man who gathered sticks on the Sabbath day (Numbers 15:32); R. Simeon said that he was one of those who presumed to disobey God’s command (Numbers 14:44) (Shabbat 96b).
h.למה יגרע שם אבינו WHY SHOULD THE NAME OF OUR FATHER BE DONE AWAY — We stand in the place of male children, and if you say that females are not regarded as issue in respect to inheritance, then our mother should marry her deceased husband’s brother (cf. Deuteronomy 25:5, 6) (Bava Batra 119b).
h.כי אין לו בן [WHY SHOULD OUR FATHER'S NAME BE DONE AWAY WITH] BECAUSE HE HATH NO SON — Thus it follows that if he had had a son they would have made no claim of any kind: this tells us that they were women of intelligence (Sifrei Bamidbar 133:4; cf. Bava Batra 119b).
h.ויקרב משה את משפטן AND MOSES BROUGHT THEIR CAUSE [BEFORE THE LORD] — The law on this subject escaped him (Sanhedrin 8a). Here he received punishment because he had assumed a “crown” (he had set himself up as the supreme judge) by saying, (Deuteronomy 1:17) “And the cause that is too hard for you ye shall bring to me”. Another explanation: This chapter ought to have been written by Moses (i.e., like most laws in the Torah it should have been spoken to the people by Moses without his having waited until some incident made its promulgation necessary), but for the fact that the daughters of Zelophehad had so much merit, it was therefore written through them (it was their complaint which gave occasion for stating it) (Bava Batra 119a; Sanhedrin 8a).
h.כן בנות צלפחד דברת THE DAUGHTERS OF ZELOPHEHAD SPEAK RIGHT — Understand the word כן as the Targum does: יאות rightly, properly. God said: Exactly so is this chapter written before me on High (The Law has long since been fixed) (Sifrei Bamidbar 134:1). This tells us that their eye saw what Moses’ eye did not see. (They had a finer perception of what was just in the law of inheritance than Moses had.) (cf. Midrash Tanchuma, Pinchas 8).
h.כן בנות צלפחד דברת — “They have made a fair claim”. Happy is the person with whose words the Holy One, blessed be He, agrees (Sifrei Bamidbar 134:1).
h.נתן תתן lit., GIVING THOU SHALT GIVE [A POSSESSION OF AN INHERITANCE AMONGST THEIR FATHER’S BRETHREN] — This suggests: thou shalt give two portions, viz., the portion of their father (אחזת נחלה) who was one of those who came out of Egypt, and his portion that he should have had together with his brothers (נחלה בתוך אחי אביהם) in the property of his father Hefer (who also was one of those who left Egypt) (cf. Rashi on Numbers 26:55) (cf. Sifrei Bamidbar 134:1; Bava Batra 118b).
h.והעברת — This is an expression (also) denoting “wrath” and it is used here instead of a form of נתן found throughout the chapter to suggest that God’s wrath is directed against one who leaves no son to be his heir (Bava Batra 116a). Another explanation is that the form of העבר “causing to pass” is exceptionally used in the case of a daughter being her father’s heiress because a daughter as heiress ordinarily causes the inheritance to pass from one tribe to another tribe, since her son and her husband are her heirs (Sifrei Bamidbar 134:2; Bava Batra 147a), for it must be born in mind that the command (Numbers 36:7), “The inheritance shall not move from tribe to tribe” was laid only upon that generation (Bava Batra 120a). And so, for the same reason, we have this verb used in (v. 8): “Then ye shall cause his inheritance to pass to his daughter”, for you see that in all of them (the other cases mentioned here) it says, ונתתם, “and ye shall give” (vv. 9, 10, 11), but in the case of a daughter it says, והעברתם, “and ye shall cause it to pass”.
h.לשארו הקרוב אליו ממשפחתו TO HIS KIN THAT IS NEXT TO HIM OF HIS FAMILY — The term משפחה used in connection with inheritance denotes kinship only on the father’s side (Sifrei Bamidbar 134:3; Bava Batra 119b).
h.עלה אל הר העברים GO UP INTO [THIS] MOUNT ABARIM — Why does this follow immediately here? Because when the Holy One, blessed be He, said to Moses, (v. 7) “Thou shalt surely give them an inheritance in the land” he (Moses) said, “It is me that the Omnipresent has commanded to apportion the inheritance. Perhaps then the decree that I must die in the wilderness is annulled and I shall enter the Promised Land!” Whereupon God said to him, “My decree remains exactly as it was” (Midrash Tanchuma, Pinchas 9). — Another explanation: As soon as Moses entered into the territory of the sons of Gad and the sons of Reuben (the eastern side of the Jordan, which, having been assigned to these tribes, might be regarded as part of the Promised Land), he rejoiced, saying, “It seems to me that the vow regarding me has been annulled in my favour”. God, therefore, said to him, My decree remains exactly as it was. A parable! It may be compared to the case of a king who decreed against his son that he should not enter the door of his palace. He (the king) entered within the gate, and he (the son) went after him (without the father raising any objection); to the audience chamber, and he after him. But as soon as he was about to enter his sleeping-chamber (his private room) he said to him, “My son, from here and further on you may not go” (Sifrei Bamidbar 134:4).
h.כאשר נאסף אהרן אחיך [THOU SHALT BE GATHERED TO THY PEOPLE] AS AARON THY BROTHER WAS GATHERED — From this it is evident that Moses longed for a death similar to that of Aaron (cf. Rashi on Numbers 20:26). — Another explanation: you will die as he died (in the wilderness) because you are no better than he (Midrash Tanchuma, Pinchas 9). — Such indeed is suggested by (Deuteronomy 32:50. 51): “[and die … as Aaron thy brother died …] because you sanctified me not”. Thus it follows, if ye (both of you) had sanctified me your time would not have yet come to depart this life and you would not have died in the wilderness (Sifrei Bamidbar 137:1). In every passage where it writes about their death you will find that it writes about their offence. Because a decree had been made against the generation of the wilderness (those who left Egypt) that they should die in the wilderness on account of the sin that they did not have faith in God, therefore Moses requested that the nature of his offence should be stated in the Torah, so that people might not say, “He, too, was one of those “rebels”. A parable: It may be compared to the case of two women who were punished by the Court; one was an immoral woman and one had merely eaten unripe figs of the sabbatical year’s growth. The latter, therefore, requested that the nature of her offence might be made public, and they did so by proclamation. So, too, here: wherever it mentions their death it mentions also their misdeed, in order to make it known that there was only this single sin in them (Tanchuma 4:6:10 on חקת; Yoma 86b; cf. Sifrei Bamidbar 137:2).
h.המה מי מריבת קדש THEY, THE WATERS OF MERIBA IN KADESH — they alone were the cause of their death: there was no other sin in them. — Another explanation is: it was they (the waters) which were the cause of their rebellion at Marah (Exodus 16:23-24), it was they which made them rebel at the Red Sea (Exodus 14:11—12) and yet it was they which made them rebel here in the wilderness of Zin.
h.'וידבר משה אל ה וגו׳ AND AND MOSES SPAKE TO THE LORD, [LET THE LORD … SET A MAN OVER THE CONGREGATION] — This statement serves to show the praise of the righteous: when they are about to depart from the world, they abandon all thought of their own affairs and occupy themselves with the affairs of the community (Sifrei Bamidbar 138).
h.לאמר saying (more lit., to say, i.e., that God should say, or answer him) — He said to Him, “Answer me whether You will appoint a leader for them or not” (Sifrei Bamidbar 138).
h.יפקד ה׳ LET THE LORD … SET [A MAN OVER THE CONGREGATION] — When Moses heard that the Omnipresent said to him, “Give the inheritance of Zelophehad to his daughters”, he said to himself, “The time has come that I should ask something that I want — that my sons should inherit my high position”. God replied to him, “Not thus has entered My mind; Joshua deserves to receive the reward of his ministrations, because “he has never departed from out the tent” (Exodus XXXIII 11). — This is what Solomon said, (Proverbs 27:18) ‘‘Whoso keepeth the fig-tree shall eat the fruit thereof, [and he that waiteth on his master shall be honoured]” (Midrash Tanchuma, Pinchas 11).
h.אלהי הרוחת GOD OF THE SPIRITS [OF ALL FLESH] — Why is this expression used? (i.e., why does it not state simply אלהי כל בשר?) He said to Him: “Lord of the Universe! the personality of each person is revealed to you, and no two are alike. Appoint over them a leader who will tolerate each person according to his individual character (Midrash Tanchuma, Pinchas 10; cf. Yalkut Shimoni on Torah 776).
h.אשר יצא לפניהם ONE WHO MAY GO BEFORE THEM — not as is the way of the kings of the nations who sit at home and send their armies to battle, but as “I” have done — I who fought against Sihon and against Og, as it is said, (Numbers 21:34) “Do not fear him: “[for I have delivered him into thy hand … and thou shall do to him as thou didst unto Sihon, etc.]” and as is the way that Joshua followed, as it is said, (Joshua 5:3) “And Joshua went to him and said, Art thou for us [or for our adversaries]”. And so, too, in the case of David, it says, (I Samuel 18:16) “For he went out and came in before them” — went out at their head, and came in at their head (Sifrei Bamidbar 139:2).
h.ואשר יוציאם AND WHO WILL LEAD THEM OUT, safely through his merits,
h.ואשר יביאם AND WHO WILL BRING THEM IN, safely through his merits (Siphre). Another explanation: ואשר יביאם AND WHO WILL BRING THEM IN — I ask that You should not do to him, as You have done to me' for I may not bring them into the Land. (cf. Yalkut Shimoni on Torah 776).
h.קח לך TAKE TO THEE [JOSHUA] — take him through fine words, saying,“Fortunate are you that you have merited to lead the children of the Omnipresent!” (cf. Sifrei Bamidbar 92 on 11:16).
h.לך [TAKE] TO THEE — take one who has been examined by you, the one with whom you are familiar.
h.אשר רוח בו [A MAN] IN WHOM THERE IS SPIRIT — As you requested; someone able to deal with the character of each one. (Sifrei Bamidbar 140:1).
h.וסמכת את ידך עליו AND LAY THY HAND UPON HIM — Give him an interpreter, so that he will hold Halachic discourses during your life-time, — in order that people may not say about him if he does this only after your death: he dared not raise his head during Moses days but did so only at his death (cf. Sifrei Bamidbar 140:1).
h.וצויתה אתו AND GIVE HIM A CHARGE concerning Israel; say to him, “Know that they are troublesome, that they are refractory — accept your office having in mind that you will have to take upon yourself all this (cf. Sifrei Bamidbar 92 on 11:16).
h.ונתתה מהודך עליו AND THOU SHALT PUT SOME OF THY GLORY UPON HIM — This refers to the shining of the skin of his countenance (see Exodus 34:29—30).
h.מהודך SOME OF THY GLORY, and not all thy glory; consequently we learn from this: Moses’ face beamed like the sun, Joshua's face only like the moon (Sifrei Bamidbar 140:2; Bava Batra 75a).
h.למען ישמעו כל עדת ישראל THAT ALL THE CONGREGATION OF THE CHILDREN OF ISRAEL SHOULD BE OBEDIENT TO HIM — that they should comport themselves towards him with respect and reverence, in the same way as they comport themselves towards you (cf. Yalkut Shimoni on Torah 776).
h.ולפני אלעזר הכהן יעמד AND HE SHALL STAND BEFORE ELEAZAR THE PRIEST — Here you have the request that you have made: that this honour should not depart from your father’s house, for Joshua, too, will need Eleazar (Midrash Tanchuma, Pinchas 11).
h.ושאל לו AND HE SHALL ASK OF HIM, whenever he finds it necessary to go forth to war (cf. Targum Jonathan on).
h.על פיו AT HIS WORD [SHALL THEY GO FORTH] — at Eleazar’s.
h.וכל העדה AND ALL THE CONGREGATION — the Sanhedrin (Sanhedrin 16a).
h.ויקח את יהושע AND HE TOOK JOSHUA — he took him by fine words and told him the reward that will be given to Israel’s leaders in the world to come (Sifrei Bamidbar 141:2).
h.ויסמך את ידיו AND HE LAID HIS HANDS [UPON HIM] — generously (in full measure), even more than he had been commanded, for the Holy One, blessed be He, had said, (v. 18) “Lay thy hand [upon him]”, but he did this with his two hands (Yalkut Shimoni on Torah 960), and so made of him a full and heaped up vessel (Sifrei Bamidbar 141:3) and filled him generously with his own wisdom.
h.כאשר דבר ה׳ AS THE LORD SPAKE, in respect also of the glory: he put some of his glory upon him.