Numbers 36:3
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Women who inherited land might marry men from another tribe. Their land would then be lost by their ancestral tribe and transferred to their husband’s tribe.
The "Year of Jubilee" usually allowed land to return to its original owner (Leviticus 25:8–55). But it only applied to land sold, not land gained through marriage.
The five daughters of Zelophehad requested and received fair property rights (27:1–11). This passage discusses the effects of that decision.
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 title might, in process of time, come to be questioned; and how great a matter would this fire kindle! It is the wisdom and duty of those that have estates in the world to settle them, and dispose of them, so as that no strife and contention may arise about them among posterity.
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.
To give the inheritance of Zelophehad - unto his daughters - See this case spoken of at large on Numbers 27 (note).
Either the first eleven verses of Numbers 27 should come in before this chapter, or this chapter should come in immediately after those eleven verses; they certainly both make parts of the same subject.
Here Moses determines that heiresses should marry in their own tribe, that no part of the ancient inheritance might be alienated from the original family.
And if they be married to any of the sons of the other tribes of the children of Israel,.... Which was not an unreasonable supposition, and perhaps was judged very probable and likely, if some method was not taken to prevent it; which they might conclude from the application of some young men of the other tribes unto them:
then shall their inheritance be taken from the inheritance of our fathers, and shall be put to the inheritance of the tribe whereunto they are received; for the inheritance given unto them would of course, the above being the case, descend to their sons, and whose fathers being of other tribes, it would be fixed there:
so shall it be taken from the lot of our inheritance; which gave them some concern; for though this was no personal injury to them, nor any detriment to their families and estates, yet, as it was a lessening of their tribe, they were uneasy at it; and the rather they might be, since half their tribe was to settle on that side Jordan, where they now were: and now all this, the suit of the daughters of Zelophehad for their father's inheritance, which was granted them, the address of young men to them as heiresses, the concern of the heads of the tribe of Manasseh on this account; all this, I say, being before they entered into the land, or it was conquered by them, or divided to them by inheritance, show their strong faith and assurance that they should possess it.
For their inheritance will pass to their children, who will be of another tribe by their father’ s side, which alone is considered in this place.