1 Now the heads of the families of the children of Gilead, the son of Machir, the son of Manasseh, of the families of the sons of Joseph, came to Moses, the chiefs and the heads of families of the children of Israel being present,
2 And said, The Lord gave orders to my lord to make distribution of the land as their heritage to the children of Israel: and my lord was ordered by the Lord to give the heritage of Zelophehad, our brother, to his daughters.
3 Now if they get married to any of the sons of other tribes of the children of Israel, then their property will be taken away from the heritage of our fathers, and become part of the heritage of the tribe into which they get married: and their heritage will be taken away from the heritage of our tribe.
4 And at the time of the Jubilee of the children of Israel, their property will be joined to the heritage of the tribe of which they are part and will be taken away from the heritage of the tribe of our fathers.
5 So by the direction of the Lord, Moses gave orders to the children of Israel, saying, What the tribe of the sons of Joseph have said is right.
6 This is the order of the Lord about the daughters of Zelophehad: The Lord says, Let them take as their husbands whoever is most pleasing to them, but only among the family of their father's tribe.
7 And so no property will be handed from tribe to tribe among the children of Israel; but every one of the children of Israel will keep the heritage of his father's tribe.
8 And every daughter owning property in any tribe of the children of Israel is to be married to one of the family of her father's tribe, so that every man of the children of Israel may keep the heritage of his fathers.
9 And no property will be handed from one tribe to another, but every tribe of the children of Israel will keep its heritage.
10 So the daughters of Zelophehad did as the Lord gave orders to Moses:
11 For Mahlah, Tirzah, and Hoglah, and Milcah, and Noah, the daughters of Zelophehad, took as their husbands the sons of their father's brothers:
12 And were married into the families of the sons of Manasseh, the son of Joseph, and their property was kept in the tribe of their father's family
13 These are the laws and the orders which the Lord gave to the children of Israel by Moses, in the lowlands of Moab by Jordan at Jericho.
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Commentary on Numbers 36 Commentary Critical and Explanatory on the Whole Bible
CHAPTER 36
Nu 36:1-13. The Inconvenience of the Inheritance.
1. the chief fathers of the families of the children of Gilead—Being the tribal governors in Manasseh, they consulted Moses on a case that affected the public honor and interests of their tribe. It related once more to the daughters of Zelophehad. Formerly they had applied, at their own instance, to be recognized, for want of male heirs in their family, as entitled to inherit their father's property [Nu 27:1-11]; now the application was made on behalf of the tribe to which they belonged—that steps might be taken to prevent the alienation of their patrimony by their alliance with husbands of another tribe. The unrestricted marriages of daughters in such circumstances threatened seriously to affect the tenure of land in Israel, as their inheritance would go to their children, who, by the father's side, would belong to another tribe, and thus lead, through a complication of interests and the confusion of families, to an evil for which even the Jubilee could not afford a remedy. [See on Le 25:13].
5-12. Moses commanded the children of Israel according to the word of the Lord—The plea appeared just and reasonable; and, accordingly an enactment was made by which the daughters of Zelophehad, while left to the free choice of their husbands, were restricted to marry not only within their own tribe, but within the family of their father's tribe—that is, one of their cousins. This restriction, however, was imposed only on those who were heiresses. The law was not applicable to daughters in different circumstances (1Ch 23:22)—for they might marry into another tribe; but if they did so, they were liable to forfeit their patrimonial inheritance, which, on the death of their father or brothers, went to the nearest of the family kinsmen. Here was an instance of progressive legislation (see also Ex 18:27) in Israel, the enactments made being suggested by circumstances. But it is deserving of special notice that those additions to, or modifications of, the law were confined to civil affairs; while the slightest change was inadmissible in the laws relating to worship or the maintenance of religion.
13. These are the commandments and the judgments, which the Lord commanded by the hand of Moses unto the children of Israel in the plains of Moab—The Israelitish encampment was on an extensive plateau north of the Arnon, which, though wrested from the Moabites by Sihon and Og, still retained the name of its original possessors. The particular site, as indicated by the words "Jordan near Jericho," is now called El-Koura—a large plain lying not far from Nebo, between the Arnon and a small tributary stream, the Wael [Burckhardt]. It was a desert plain on the eastern bank, and marked only by groves of the wild, thorny acacia tree.