1The heads of the fathers’ households 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 spoke before Moses and before the princes, the heads of the fathers’ households of the children of Israel.
2They said, “Yahweh commanded my lord to give the land for inheritance by lot to the children of Israel. My lord was commanded by Yahweh to give the inheritance of Zelophehad our brother to his daughters.
3If they are married to any of the sons of the other tribes of the children of Israel, then their inheritance will be taken away from the inheritance of our fathers, and will be added to the inheritance of the tribe to which they shall belong. So it will be taken away from the lot of our inheritance.
4When the jubilee of the children of Israel comes, then their inheritance will be added to the inheritance of the tribe to which they shall belong. So their inheritance will be taken away from the inheritance of the tribe of our fathers.”
5Moses commanded the children of Israel according to Yahweh’s word, saying, “The tribe of the sons of Joseph speak what is right.
6This is the thing which Yahweh commands concerning the daughters of Zelophehad, saying, ‘Let them be married to whom they think best, only they shall marry into the family of the tribe of their father.
7So shall no inheritance of the children of Israel move from tribe to tribe; for the children of Israel shall all keep the inheritance of the tribe of his fathers.
8Every daughter who possesses an inheritance in any tribe of the children of Israel shall be wife to one of the family of the tribe of her father, that the children of Israel may each possess the inheritance of his fathers.
9So shall no inheritance move from one tribe to another tribe; for the tribes of the children of Israel shall each keep his own inheritance.’ ”
10The daughters of Zelophehad did as Yahweh commanded Moses:
11for Mahlah, Tirzah, Hoglah, Milcah, and Noah, the daughters of Zelophehad, were married to their father’s brothers’ sons.
12They were married into the families of the sons of Manasseh the son of Joseph. Their inheritance remained in the tribe of the family of their father.
13These are the commandments and the ordinances which Yahweh commanded by Moses to the children of Israel in the plains of Moab by the Jordan at Jericho.
Drawn from the public-domain commentaries and Spurgeon sermons that cover this exact passage · ~922 words.
Matthew Henry. They fairly recite the former order made in this case, and do not move to have that set aside, but are very willing to acquiesce in it (Num 36:2): The Lord commanded to give the inheritance of Zelophehad to his daughters; and they are very well pleased that it should be so, none of them knowing but that hereafter it might be the case of their own families, and then their daughters would have the benefit of this law. 2. The family they belonged to was part of that half of the tribe of Manasseh which we yet to have their lot within Jordan, not that half that was already settled; and yet they speak of the land of their possession, and the inheritance of their fathers, with as great assurance as if they had it already in their hands, knowing whom they had trusted. For though they were chief fathers in their families, and might have assumed a power to overrule these daughters of Zelophehad in disposing of themselves, especially their father being dead and the common interest of their tribe being concerned in it, yet they chose rather to refer the matter to Moses, and it issued well. We have here the humble address which the heads of the tribe of Manasseh made to Moses and the princes, on occasion of the order lately made concerning the daughters of Zelophehad. They urged the command (Num 36:2), that the land should be given by lot to the respective tribes, and urged that it would break in upon the divine appointment if such a considerable part of the lot of Manasseh should, by their marriage, be transferred to any other tribe; for the issue would be denominated from the father's tribe, not the mother's. Those that were not heiresses might marry into what tribe they pleased (though we may suppose that, ordinarily, they kept within their own tribe), but those that were must either quit their claim to the inheritance or marry one of their own family, that each of the tribes might keep to its own inheritance, and one tribe might not encroach upon another, but throughout their generations there might remain immovable the ancient landmarks, set, not by their fathers, but by the God of their fathers. They are not determined to any particular persons; there was choice enough in the family of their father: Let them marry to whom they think best.
Jamieson–Fausset–Brown. 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. The law was not applicable to daughters in different circumstances (Ch1 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 Exo 18:27) in Israel, the enactments made being suggested by circumstances. 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].
John Calvin. It might appear strange that God had given an imperfect law with reference to succession, as if what will be now stated had not occurred to His mind until Moses was reminded by the chief men of the families (of Machir,) [201] that it was unjust that the inheritances should be alienated, which would have been the case if the daughters of Zelophehad had married into other tribes, whereas their portion had fallen in the lot of the tribe of Manasseh. Now the heads of the tribe come, and agitate the question respecting the loss they would incur by the alienation of the inheritances; and it is then provided that other tribes should not be enriched by their loss. The daughters of Zelophehad come, and demand justice of Moses and the elders, and God complies with their prayers. And further, they enlarge upon the absurdity which would arisen from hence; viz., that in the fiftieth year, when they were to return to their original lots, so much would be withdrawn from the portion of the tribe of Manasseh as the daughters of Zelophehad had taken away with them. They here allege a kind of discrepancy, in that the tribes had had the land allotted to them agreeably to God's command, but now their lots would be thrown into confusion, when the inheritance should pass over to another tribe. They assume it, however, to be an acknowledged impossibility, that God should be inconsistent with Himself: hence it was necessary that an interpretation should be delivered in order to remove the legal contradiction (antinomian) The Law of God, say they, which ought to remain inviolable, enjoins that the land should be distxibuted by lot; how, then, will it accord that women should carry elsewhere the inheritance of their own tribe?
John Calvin
1
And the chief fathers of the families. It might appear strange that God had given an imperfect law with reference to succession, as if what will be now stated had not occurred to His mind until Moses was reminded by the chief men of the families (of Machir,) [201] that it was unjust that the inheritances should be alienated, which would have been the case if the daughters of Zelophehad had married into other tribes, whereas their portion had fallen in the lot of the tribe of Manasseh. For whatever fell into the hands of those of another tribe, was a diminution of that lot. As, therefore, God had lately made provision for preserving the rights of individuals, He now treats of the general advantage or loss. What, then, can be the meaning of the objection, that God only half considered what was right? In my opinion, He so arranged His replies, that only when inquired of He assigned to each one his rights. The daughters of Zelophehad come, and demand justice of Moses and the elders, and God complies with their prayers. Now the heads of the tribe come, and agitate the question respecting the loss they would incur by the alienation of the inheritances; and it is then provided that other tribes should not be enriched by their loss. In short, whereas God might have spontaneously anticipated this, He preferred to grant it at the request of those who asked nothing but what was just and equitable. For it cannot be said that in this case it happened, as it often does, that, whilst every one pertinaciously maintains his own cause, and is eager to advance his own interests, one question arises out of another; for, when God has taken cognizance of the case, He pronounces that both parties only demanded what was right. It follows, therefore, that God designedly withheld His decisions until they naturally arose out of the circumstances of the case. It is a common saying that the law makes no provision for those things which rarely occur. [202] Thus it would have been commonly supposed that this law was superfluous; and especially it would have detracted somewhat from the authority of his teaching, if Moses had treated of this trifling matter, had not circumstances led to it. In fine, God allowed Himself to be interrogated familiarly with respect to doubtful points of no primary importance, in order that posterity might recognize His reply as a proof of His fatherly indulgence. Meanwhile, let us bear in mind that if heavenly things are the subject of as much anxiety to us, as earthly things were to the children of Manasseh, the rule that we should observe will always be made clear to us.
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2
And they said, The Lord commanded my lord. They here allege a kind of discrepancy, in that the tribes had had the land allotted to them agreeably to God's command, but now their lots would be thrown into confusion, when the inheritance should pass over to another tribe. They assume it, however, to be an acknowledged impossibility, that God should be inconsistent with Himself: hence it was necessary that an interpretation should be delivered in order to remove the legal contradiction (antinomian) The Law of God, say they, which ought to remain inviolable, enjoins that the land should be distxibuted by lot; how, then, will it accord that women should carry elsewhere the inheritance of their own tribe? Thus, in seeking a remedy for this evil, they submit themselves to God's governance, and reverently accept what He had prescribed. And further, they enlarge upon the absurdity which would arisen from hence; viz., that in the fiftieth year, when they were to return to their original lots, so much would be withdrawn from the portion of the tribe of Manasseh as the daughters of Zelophehad had taken away with them. Reasonably, therefore, do they demand that a decree should be given to reconcile the two former laws, which otherwise appeared to be at variance with each other.
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5
And Moses commanded the children of Israel. The account here given is not identical with the previous one, that Moses referred the matter to God; yet the same thing is more briefly stated, viz., that Moses answered the people out of the mouth of God, from whence we infer that God was consulted by him. Moreover, God not only decides in favor of the children of Manasseh, but approves of their appeal, in that they were contented with their allotment, and claim for themselves what could not be alienated without the violation of the Divine decree. From this particular occasion, a general law is laid down, that no woman to whom an inheritance had fallen, was to marry out of her tribe, because she would defraud her own relatives of her marriage portion. In this way, however, a free permission to marry was accorded to females, provided they renounced their paternal inheritance. The words, indeed, seem to be of wider application, i e., that no man should marry a wife, except of his own kindred; but the meaning of the law is to be sought from the cause which led to its enactment. Moreover, there is no doubt but that promiscuous marriages are here forbidden, in so far as they confound the order of hereditary rights.
Footnotes:
[201] Added from Fr.
[202] "De his, quae frequenter fieri solent, non quae raro, leges fieri debent." 1. 3. et sequentibus ff. de legib.; 1. 3. Digest. si pars haeredit, petatur; 1.28 ff. de judiciis; 1. ea quae 64, de regul. juris.
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Matthew Henry
1–4
We have here the humble address which the heads of the tribe of Manasseh made to Moses and the princes, on occasion of the order lately made concerning the daughters of Zelophehad. The family they belonged to was part of that half of the tribe of Manasseh which we yet to have their lot within Jordan, not that half that was already settled; and yet they speak of the land of their possession, and the inheritance of their fathers, with as great assurance as if they had it already in their hands, knowing whom they had trusted. In their appeal observe, 1. They fairly recite the former order made in this case, and do not move to have that set aside, but are very willing to acquiesce in it (Num 36:2): The Lord commanded to give the inheritance of Zelophehad to his daughters; and they are very well pleased that it should be so, none of them knowing but that hereafter it might be the case of their own families, and then their daughters would have the benefit of this law. 2. They represent the inconvenience which might, possibly, follow hereupon, if the daughters of Zelophehad should see cause to marry into any other tribes, Num 36:3. And it is probable that this was not a bare surmise, or supposition, but that they knew, at this time, great court was made to them by some young gentlemen of other tribes, because they were heiresses, that they might get footing in this tribe, and so enlarge their own inheritance. This truly is often aimed at more than it should be in making marriages, not the meetness of the person, but the convenience of the estate, to lay house to house, and field to field. Wisdom indeed is good with an inheritance; but what is an inheritance good for in that relation without wisdom? But here, we may presume, the personal merit of these daughters recommended them as well as their fortunes; however, the heads of their tribe foresaw the mischief that would follow, and brought the case to Moses, that he might consult the oracle of God concerning it. The difficulty they start God could have obviated and provided against in the former order given in this case; but to teach us that we must, in our affairs, not only attend God's providence, but make use of our own prudence, God did not direct in it till the themselves that were concerned wisely foresaw the inconvenience, and piously applied to Moses for a rule in it. For though they were chief fathers in their families, and might have assumed a power to overrule these daughters of Zelophehad in disposing of themselves, especially their father being dead and the common interest of their tribe being concerned in it, yet they chose rather to refer the matter to Moses, and it issued well. We should not covet to be judges in our own case, for it is difficult to be so without being partial. It is easier in many cases to take good advice than to give it, and it is a satisfaction to be under direction. Two things they aimed at in their representation: - (1.) To preserve the divine appointment of inheritances. They urged the command (Num 36:2), that the land should be given by lot to the respective tribes, and urged that it would break in upon the divine appointment if such a considerable part of the lot of Manasseh should, by their marriage, be transferred to any other tribe; for the issue would be denominated from the father's tribe, not the mother's. This indeed would not lessen the lot of the particular persons of that tribe (they would have their own still), but it would lessen the lot of the tribe in general, and render it less strong and considerable; they therefore thought themselves concerned for the reputation of their tribe, and perhaps were the more jealous for it because it was already very much weakened by the sitting down of the one half of it on this side Jordan. (2.) To prevent contests and quarrels among posterity. If those of other tribes should come among them perhaps it might occasion some contests. They would be apt to give and receive disturbance, and their titl…
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5–13
Here is, I. The matter settled by express order from God between the daughters of Zelophehad and the rest of the tribe of Manasseh. The petition is assented to, and care taken to prevent the inconvenience feared: The tribe of the sons of Joseph hath said well, Num 36:5. Thus those that consult the oracles of God concerning the making of their heavenly inheritance sure shall not only be directed what to do, but their enquiries shall be graciously accepted, and they shall have not only their well done, but their well said, good and faithful servant. Now the matter is thus accommodated: these heiresses must be obliged to marry, not only within their own tribe of Manasseh, but within the particular family of the Hepherites, to which they did belong. 1. They are not determined to any particular persons; there was choice enough in the family of their father: Let them marry to whom they think best. As children must preserve the authority of their parents, and not marry against their minds, so parents must consult the affections of their children in disposing of them, and not compel them to marry such as they cannot love. Forced marriages are not likely to prove blessings. 2. Yet they are confined to their own relations, that their inheritance may not go to another family. God would have them know that the land being to be divided by lot, the disposal whereof was of the Lord, they could not mend, and therefore should not alter, his appointment. The inheritances must not remove from tribe to tribe (Num 36:7), lest there should be confusion among them, their estates entangled, and their genealogies perplexed. God would not have one tribe to be enriched by the straitening and impoverishing of another, since they were all alike the seed of Abraham his friend.
II. The law, in this particular case, was made perpetual, and to be observed whenever hereafter the like case should happen, Num 36:8. Those that were not heiresses might marry into what tribe they pleased (though we may suppose that, ordinarily, they kept within their own tribe), but those that were must either quit their claim to the inheritance or marry one of their own family, that each of the tribes might keep to its own inheritance, and one tribe might not encroach upon another, but throughout their generations there might remain immovable the ancient landmarks, set, not by their fathers, but by the God of their fathers.
III. The submission of the daughters of Zelophehad to this appointment. How could they but marry well, and to their satisfaction, when God himself directed them? They married their father's brothers' sons, Num 36:10-12. By this it appears, 1. That the marriage of cousin-germans is not in itself unlawful, nor within the degrees prohibited, for then God would not have countenanced these marriages. But, 2. That ordinarily it is not advisable; for, if there had not been a particular reason for it (which cannot hold in any case now, inheritances being not disposed of as then by the special designation of Heaven), they would not have married such near relations. The world is wide, and he that walks uprightly will endeavour to walk surely.
IV. The conclusion of this whole book, referring to the latter part of it: These are the judgments which the Lord commanded in the plains of Moab (Num 36:13), these foregoing, ever since ch. 26, most of which related to their settlement in Canaan, into which they were now entering. Whatever new condition God is by his providence bringing us into, we must beg of him to teach us the duty of it, and to enable us to do it, that we may do the work of the day in its day, of the place in its place.
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Jamieson–Fausset–Brown
5
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 (Ch1 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 Exo 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.
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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.
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