1 And the heads of the fathers of the families of the sons of Gilead, son of Machir, son of Manasseh, of the families of the sons of Joseph, come near, and speak before Moses, and before the princes, heads of the fathers of the sons of Israel,
2 and say, Jehovah commanded my lord to give the land for inheritance by lot to the sons of Israel, and my lord hath been commanded by Jehovah to give the inheritance of Zelophehad our brother to his daughters.
3 `And -- they have been to one of the sons of the `other' tribes of the sons of Israel for wives, and their inheritance hath been withdrawn from the inheritance of our fathers, and hath been added to the inheritance of the tribe which is theirs, and from the lot of our inheritance it is withdrawn,
4 and if it is the jubilee of the sons of Israel, then hath their inheritance been added to the inheritance of the tribe which is theirs, and from the inheritance of the tribe of our fathers is their inheritance withdrawn.'
5 And Moses commandeth the sons of Israel, by the command of Jehovah, saying, `Rightly are the tribe of the sons of Joseph speaking;
6 this `is' the thing which Jehovah hath commanded concerning the daughters of Zelophehad, saying, To those good in their eyes let them be for wives; only, to a family of the tribe of their fathers let them be for wives;
7 and the inheritance of the sons of Israel doth not turn round from tribe unto tribe; for each to the inheritance of the tribe of his fathers, do the sons of Israel cleave.
8 `And every daughter possessing an inheritance, of the tribes of the sons of Israel, is to one of the family of the tribe of her father for a wife, so that the sons of Israel possess each the inheritance of his fathers,
9 and the inheritance doth not turn round from `one' tribe to another tribe; for each to his inheritance do they cleave, the tribes of the sons of Israel.'
10 As Jehovah hath commanded Moses, so have the daughters of Zelophehad done,
11 and Mahlah, Tirzah, and Hoglah, and Milcah, and Noah, daughters of Zelophehad, are to the sons of their fathers' brethren for wives;
12 `to men' of the families of the sons of Manasseh, son of Joseph, they have been for wives, and their inheritance is with the tribe of the family of their father.
13 These `are' the commands and the judgments which Jehovah hath commanded, by the hand of Moses, concerning the sons of Israel, in the plains of Moab, by Jordan, `near' 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.