Numbers 36:1 - Tribal inheritance concerns raised

Numbers 36:1 - במדבר 36:1

Hebrew Text

וַיִּקְרְבוּ רָאשֵׁי הָאָבוֹת לְמִשְׁפַּחַת בְּנֵי־גִלְעָד בֶּן־מָכִיר בֶּן־מְנַשֶּׁה מִמִּשְׁפְּחֹת בְּנֵי יוֹסֵף וַיְדַבְּרוּ לִפְנֵי מֹשֶׁה וְלִפְנֵי הַנְּשִׂאִים רָאשֵׁי אָבוֹת לִבְנֵי יִשְׂרָאֵל׃

English Translation

And the chief fathers of the family of the children of Gil῾ad, the son of Makhir, the son of Menashshe, of the families of the sons of Yosef, came near, and spoke before Moshe, and before the princes, the chief fathers of the children of Yisra᾽el:

Transliteration

Vayikrevu rashei ha'avot lemishpachat bnei-Gil'ad ben-Makhir ben-Menashe mimishpechot bnei Yosef vayedabru lifnei Moshe velifnei hanesi'im rashei avot livnei Yisrael.

Hebrew Leining Text

וַֽיִּקְרְב֞וּ רָאשֵׁ֣י הָֽאָב֗וֹת לְמִשְׁפַּ֤חַת בְּנֵֽי־גִלְעָד֙ בֶּן־מָכִ֣יר בֶּן־מְנַשֶּׁ֔ה מִֽמִּשְׁפְּחֹ֖ת בְּנֵ֣י יוֹסֵ֑ף וַֽיְדַבְּר֞וּ לִפְנֵ֤י מֹשֶׁה֙ וְלִפְנֵ֣י הַנְּשִׂאִ֔ים רָאשֵׁ֥י אָב֖וֹת לִבְנֵ֥י יִשְׂרָאֵֽל׃

Parasha Commentary

Context in the Torah

This verse appears in Bamidbar (Numbers) 36:1, introducing the case of the daughters of Tzelofchad and the concern over tribal inheritance. The leaders of the family of Gil'ad, descendants of Menashe, approach Moshe and the princes to address a halachic issue regarding land inheritance.

Rashi's Explanation

Rashi (Bamidbar 36:1) notes that the leaders of the family of Gil'ad were particularly concerned because Tzelofchad's daughters had inherited their father's portion in Eretz Yisrael. They feared that if these women married men from other tribes, the land would transfer to those tribes, diminishing the portion of Menashe. Rashi emphasizes that their approach was respectful—they came before Moshe and the princes to seek a ruling rather than acting unilaterally.

Rambam's Halachic Perspective

Rambam (Hilchos Nachalos 1:6) discusses this episode as the basis for the Torah's law that a daughter inherits when there are no sons. However, he also derives from here the principle that tribal land must remain within its original tribe. This led to the establishment of the law that women who inherit land must marry within their father's tribe (Bamidbar 36:6-9).

Midrashic Insights

  • The Midrash Tanchuma (Pinchas 9) praises the leaders of Gil'ad for their wisdom in presenting their case properly before Moshe rather than causing strife.
  • The Sifrei (Bamidbar 157) highlights that their concern was not selfish but for the integrity of tribal boundaries, which were divinely ordained.

Significance in Jewish Thought

This episode demonstrates the Torah's careful balance between individual rights (the daughters' inheritance) and communal structure (tribal land preservation). It also illustrates the proper way to address halachic questions—through respectful dialogue with Torah leadership. The resolution (requiring heiresses to marry within their tribe) became a foundational inheritance law in Judaism.

📚 Talmud Citations

This verse is not quoted in the Talmud.

Frequently Asked Questions

Q: Who were the 'chief fathers' mentioned in Numbers 36:1?
A: The 'chief fathers' (ראשי האבות) were the leaders of the family clans from the tribe of Menashe. Specifically, they represented the family of Gilad, grandson of Menashe and son of Yosef. These were respected elders who had authority to speak on behalf of their family in important matters (Rashi on Numbers 36:1).
Q: Why did the family leaders approach Moshe in this verse?
A: They approached Moshe and the princes of Israel to discuss an important inheritance issue regarding the daughters of Tzelofchad (as explained in the following verses). This shows how Jewish leaders would bring halachic questions to Moshe and the Sanhedrin for proper Torah guidance (Talmud Bava Batra 120a).
Q: What is the significance of tracing their lineage back to Yosef?
A: Mentioning their descent from Yosef emphasizes their special status among the tribes. The tribes of Ephraim and Menashe (Yosef's sons) were given equal tribal status to Yaakov's other sons (Genesis 48:5). This lineage also connects to the later inheritance laws discussed in this chapter (Rambam, Hilchot Nachalot 1:7).
Q: Why does the Torah specify they spoke before both Moshe and the princes?
A: This teaches that important communal matters should be addressed to both the spiritual leadership (Moshe) and the lay leadership (the princes). The Torah establishes a system where halachic decisions involve both Torah scholars and representatives of the people (Midrash Tanchuma, Pinchas 9).
Q: What lesson can we learn from how these family leaders approached Moshe?
A: We learn the proper way to ask halachic questions - with respect, through proper channels, and to the recognized Torah authorities. Their approach demonstrates the Jewish value of seeking guidance from Torah sages rather than making independent decisions on complex matters (Talmud Berachot 4a).

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