Judaism's Great Debates: Timeless Controversies from Abraham to Herzl

3. The Five Daughters and the Twelve Tribes: The Debate over Inclusion

21 3 The Five Daughters and the Twelve Tribes Equal Rights? The Debate over Inclusion The plea of Zelophehad’s daughters is just . . . The plea of the Josephite tribe is just. Moses to the Israelites, Numbers 27:7, 36:5 When Sisters Stand Up The five sisters are hardly household names, even to people who know their Bible. Mahlah, Noah, Hoglah, Milcha, Tirzah are the unmarried daughters of an Israelite man of the tribe of Manassah named Zelophehad, who dies in the desert with no male heirs. In a brief but significant encounter recorded in the Book of Numbers, these young women seek inheritance rights from their tribe. At this early point in the evolution of Jewish law, the Torah provides that only males inherit and pass down property and possessions from one generation to the next. The five daughters of Zelophehad note the unfortunate circumstance of their father’s passing without male progeny, and that both his wealth and his legacy will unfairly be taken from his family. The sisters’ appeal to Moses and the tribal leaders is heartfelt and poignant: Our father died in the wilderness. He was not one of the factions, Korah’s faction, which banded together against the Lord, but died for his own sin; and he has left no sons. Let not our father’s name be 22 Biblical Judaism lost to his clan just because he had no son! Give us a holding among our father’s kinsmen! (Numbers 27:3–4) These brave sisters seek nothing less than a change in tribal law. Moses, either sympathetic or simply confounded, seeks divine guidance. God’s response is swift and affirmative regarding the change (Numbers 27: 6–11). The Torah narrative then moves on to other matters, only to belatedly revisit the issue when the tribal leaders object (Numbers 36:1–12). In the following account of the debate I conflate the two chapters to sharpen the exchange. 23 The Great Debate Here is the debate between the daughters of Zelophehad and the tribal leaders, with responses from God and Moses, based on Numbers 27:1—11 and 36:1–12. (Note: italics are direct quotes from the Torah; regular print is added dialogue). Daughters: Our father died in the wilderness . . . and he has left no sons. Let not our father’s name be lost to his clan just because he had no son. Give us a holding among our father’s kinsmen. Moses: Your request, though respectful and understandable, is new. I must think about this and determine God’s will. God (to Moses): The plea of Zelophehad’s daughter is just; you should give them a hereditary holding among their father’s kinsmen; transfer their father’s share to them. Moses: We understand your situation, and will allow you to inherit your father’s possessions. Daughters: You honor our father’s memory. God (to Moses): Further, speak to the Israelite people as follows: If a man dies without leaving a son; you shall transfer his property to his daughter. Moses: So shall I proclaim the law to the tribal leaders. Tribal Leaders: God has commanded to assign the share of our kinsman Zelophehad to his daughters. Now, if they marry persons from another Israelite tribe, their share will be cut off from our ancestral portion and be added to the portion of the tribe into which they marry. Thus our allotted portion will be diminished. Moses: I understand this problem, because the law states that when a woman marries outside her tribe, she becomes part of his household , and her rights are transferred to his. Again, I will determine God’s will in this matter. Tribal Leaders: We seek only fairness and justice for our tribes. 24 Moses: The plea of the Josephite tribe is just. This is what the Lord has commanded concerning the daughters of Zelophehad: They may marry anyone they wish, provided they marry into a clan of their father’s tribe. No inheritance of the Israelites may pass over from one tribe to another, but the Israelites must remain bound each to the ancestral portion of his tribe. Every daughter among the Israelite tribes who inherits a share must marry someone from a clan of her father’s tribe, in order that every Israelite may keep his ancestral share. 25 The Five Daughters and...