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.
But let the distribution of the land be made by the decision of the Lord: by the names of the tribes of their fathers let their heritage be given them. As it is ordered by the decision of the Lord, let distribution be made between those who are more in number and those who are less.
Then 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, came forward: their names are Mahlah, Noah, and Hoglah, and Milcah, and Tirzah. They came before Moses and Eleazar the priest and the chiefs and all the people at the door of the Tent of meeting, and said, Death overtook our father in the waste land; he was not among those who were banded together with Korah against the Lord; but death came to him in his sin; and he had no sons. Why is the name of our father to be taken away from among his family, because he had no son? Give us a heritage among our father's brothers. So Moses put their cause before the Lord. And the Lord said to Moses, What the daughters of Zelophehad say is right: certainly you are to give them a heritage among their father's brothers: and let the property which would have been their father's go to them.
And these are the heritages 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 tribes of the children of Israel, gave out to them; Their heritage by the Lord's decision, as he gave orders by Moses, for the nine tribes and 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 only daughters; and these are the names of his daughters: Mahlah, and Noah, Hoglah, Milcah, and Tirzah. And they came before Eleazar the priest, and Joshua, the son of Nun, and before the chiefs, saying, The Lord gave orders to Moses to give us a heritage among our brothers: so in agreement with the orders of the Lord he gave them a heritage among their father's brothers. And ten parts were given to Manasseh, in addition to the land of Gilead and Bashan, which is on the other side of Jordan; Because the daughters of Manasseh had a heritage among his sons, and the land of Gilead was the property of the other 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.