2 and they said, Yahweh commanded my lord to give the land for inheritance by lot to the children of Israel: and my lord was commanded by Yahweh to give the inheritance of Zelophehad our brother to his daughters.
You shall inherit the land by lot according to your families; to the more you shall give the more inheritance, and to the fewer you shall give the less inheritance: wherever the lot falls to any man, that shall be his; according to the tribes of your fathers shall you inherit.
Notwithstanding, the land shall be divided by lot: according to the names of the tribes of their fathers they shall inherit. According to the lot shall their inheritance be divided between the more and the fewer.
Then drew near 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. They stood before Moses, and before Eleazar the priest, and before the princes and all the congregation, at the door of the tent of meeting, saying, Our father died in the wilderness, and he was not among the company of those who gathered themselves together against Yahweh in the company of Korah: but he died in his own sin; and he had no sons. Why should the name of our father be taken away from among his family, because he had no son? Give to us a possession among the brothers of our father. Moses brought their cause before Yahweh. Yahweh spoke to Moses, saying, The daughters of Zelophehad speak right: you shall surely give them a possession of an inheritance among their father's brothers; and you shall cause the inheritance of their father to pass to them.
all the inhabitants of the hill-country from Lebanon to Misrephoth Maim, even all the Sidonians; them will I drive out from before the children of Israel: only allot you it to Israel for an inheritance, as I have commanded you.
These are the inheritances which the children of Israel took in the land of Canaan, which Eleazar the priest, and Joshua the son of Nun, and the heads of the fathers' [houses] of the tribes of the children of Israel, distributed to them, by the lot of their inheritance, as Yahweh commanded by Moses, for the nine tribes, and for the half-tribe.
But Zelophehad, the son of Hepher, the son of Gilead, the son of Machir, the son of Manasseh, had no sons, but daughters: and these are the names of his daughters: Mahlah, and Noah, Hoglah, Milcah, and Tirzah. They came near before Eleazar the priest, and before Joshua the son of Nun, and before the princes, saying, Yahweh commanded Moses to give us an inheritance among our brothers: therefore according to the commandment of Yahweh he gave them an inheritance among the brothers of their father. There fell ten parts to Manasseh, besides the land of Gilead and Bashan, which is beyond the Jordan; because the daughters of Manasseh had an inheritance among his sons. The land of Gilead belonged to the rest of the sons of Manasseh.
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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.