1 And the heads of the fathers' `houses' of the family of the children of Gilead, the son of Machir, the son of Manasseh, of the families of the sons of Joseph, came near, and spake before Moses, and before the princes, the heads of the fathers' `houses' of the children of Israel:
2 and they said, Jehovah commanded my lord to give the land for inheritance by lot to the children of Israel: and my lord was commanded by Jehovah to give the inheritance of Zelophehad our brother unto his daughters.
3 And if they be married to any of the sons of the `other' tribes of the children of Israel, then will their inheritance be taken away from the inheritance of our fathers, and will be added to the inheritance of the tribe whereunto they shall belong: so will it be taken away from the lot of our inheritance.
4 And when the jubilee of the children of Israel shall be, then will their inheritance be added unto the inheritance of the tribe whereunto they shall belong: so will their inheritance be taken away from the inheritance of the tribe of our fathers.
5 And Moses commanded the children of Israel according to the word of Jehovah, saying, The tribe of the sons of Joseph speaketh right.
6 This is the thing which Jehovah doth command concerning the daughters of Zelophehad, saying, Let them be married to whom they think best; only into the family of the tribe of their father shall they be married.
7 So shall no inheritance of the children of Israel remove from tribe to tribe; for the children of Israel shall cleave every one to the inheritance of the tribe of his fathers.
8 And every daughter, that possesseth an inheritance in any tribe of the children of Israel, shall be wife unto one of the family of the tribe of her father, that the children of Israel may possess every man the inheritance of his fathers.
9 So shall no inheritance remove from one tribe to another tribe; for the tribes of the children of Israel shall cleave every one to his own inheritance.
10 Even as Jehovah commanded Moses, so did the daughters of Zelophehad:
11 for Mahlah, Tirzah, and Hoglah, and Milcah, and Noah, the daughters of Zelophehad, were married unto their father's brothers' sons.
12 They were married into the families of the sons of Manasseh the son of Joseph; and their inheritance remained in the tribe of the family of their father.
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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.