Verse 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.

Verse 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. Next: Deuteronomy Introduction

Verse 1

And the chief fathers of the families of the children of Gilead,.... The princes, as Aben Ezra; so the Septuagint version, which was the tribe of Manasseh, whose grandson Gilead was, as follows: the son of Machir, the son of Manasseh of the families of the sons of Joseph, came near; to the house of judgment, as the Targum of Jonathan, the sanhedrim or court of judicature, consisting of the following persons: and spoke before Moses; the Septuagint version adds, "and before Eleazar the priest", as in Num 27:2. and before the princes, the chief fathers of the children of Israel: the princes of the several tribes; or it may be rather the seventy elders.

Verse 2

And they said,.... One in the name of the rest: the Lord commanded my lord; that is, Moses, whom they address in a very respectable manner, being the chief governor of the nation under God: to give the land for an inheritance by lot to the children of Israel; which command may be seen, in Num 26:53, and my lord was commanded by the Lord to give the inheritance of Zelophehad our brother; or kinsman, being of the same tribe: unto his daughters; who sued for it, and upon Moses's consulting the Lord about it, it was ordered they should have it, Num 27:1 and which these princes observed was likely to be attended with the following inconvenience.

Verse 3

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.

Verse 4

And when the jubilee of the children of Israel shall be,.... At which time inheritances were to be restored to the original proprietors of them; yet this would be of no service in the present case, but rather the contrary, since it would fix the inheritances of these daughters in another tribe or in other tribes into which they should marry; and so Aben Ezra and Jarchi interpret it, "though" there shall be a jubilee, that will be of no advantage; it will not remedy this inconvenience: for then shall their inheritance be put unto the inheritance of the tribe whereunto they are received; it being one principal part of the business of the jubilee year to settle the inheritances of every tribe; and these daughters being married into another tribe, of consequence their inheritance would be placed there; or should it be sold by their husbands, or their sons, at the year of jubilee it would be restored to them as of such a tribe: so shall their inheritance be taken away from the inheritance of the tribe of our fathers; and thereby be a lessening of it; and every tribe being ambitious of preserving and increasing its grandeur, this affair sensibly affected the heads of this tribe.

Verse 5

And Moses commanded the children of Israel,.... Even all the tribes of Israel, whom the following law concerned, as well as the tribe of Manasseh: according to the word of the Lord; whom no doubt he consulted on this occasion, as he did when the daughters of Zelophehad applied unto him about the inheritance of their father: saying, the tribe of the sons of Joseph hath said well; in showing such a concern for the welfare of their tribe; the consideration of which would be of service to them all, and therefore was worthy of notice. Aben Ezra observes, that the heads of the fathers spoke for the sake of every tribe, what was for the good of them all, and therefore was well spoken.

Verse 6

This is the thing which the Lord doth command concerning the daughters of Zelophehad,.... Concerning this affair relative to them; the Targum of Jonathan paraphrases the words,"not for the generations that rise up after the division of the land, but for the daughters of Zelophehad;''as if this order only respected them, or what might happen before the land was divided, but not after; and this is the general opinion of the Jewish writers; but it seems, that as the following law not only concerns them, but all heiresses, so all such after as well as before the division of the land, since the reason of it holds good after as before: saying, let them marry to whom they think best; whom they like best, who are most acceptable to them; as it was reasonable they should, and not have such forced upon them, whose persons were disagreeable to them: only into the family of the tribe of their father shall they marry; they were to marry not only such as were of the tribe of Manasseh, but of their father's family in that tribe; they could only marry into the family of the Hepherites; see Num 26:32.

Verse 7

So shall not the inheritance of the children of Israel remove from tribe to tribe,.... Which shows that this concerns all the tribes of Israel, though yet not fully expressed, as it is afterwards: for everyone of the children of Israel shall keep himself to the inheritance of the tribe of his fathers; or cleave (a) to a wife in that tribe for marriage; this word is used in the original institution of it, Gen 2:24 though they were not strictly obliged to marry in their own tribe; and frequently they did intermarry with other tribes, which, had it been unlawful, would not have been done, as it was by kings, and priests, and others; nor was there any danger of an inheritance going into another tribe by a man's marrying into it; wherefore this signifies only, that they were to be careful to keep their inheritances in their tribe; and therefore if any of them had no sons, only daughters, he was to marry them in his own tribe and family, that the inheritance might not remove, as follows(a) "adhaerebunt", Montanus, Vatablus, Junius & Tremellius.

Verse 8

And every daughter that possesseth an inheritance in any tribe if the children of Israel,.... For the same law which gave the daughters of Zelophehad right to their father's inheritance, gave every other daughter in Israel a right to inherit where there were no sons, Num 27:8 and every such daughter, according to this law: shall be wife unto one of the family of the tribe of her father; marry into her father's tribe and family; by which it appears that such who were not heiresses might marry persons of another family, and even of another tribe: that the children of Israel may enjoy every man the inheritance of his fathers; of his father's brethren, or of those that are near akin to him.

Verse 9

Neither shall the inheritance remove from one tribe to another,.... Which was one end of the year of jubilee, but that did not sufficiently secure it without this law, as this case shows: but everyone of the tribes of Israel shall keep himself to his own inheritance; the chief view of which was, that it might clearly appear of what tribe and family the Messiah sprang when he came.

Verse 10

Even as the Lord commanded Moses, so did the daughters of Zelophehad. They married into, the family of their father's tribe, according to the following account. Even as the Lord commanded Moses, so did the daughters of Zelophehad. They married into, the family of their father's tribe, according to the following account. Numbers 36:11 num 36:11 num 36:11 num 36:11For Mahlah, Tirzah, and Hoglah, and Milcah, and Noah,.... The names of the daughters of Zelophehad, and the same as in Num 26:33, only the order a little varied, Tirzah and Noah here changing places; there they are according to their birth, here they are according to their marriage, as Aben Ezra thinks; though Jarchi is of opinion, that being thus differently placed shows that they were equal to one another, and one was not preferred to the other: these were married unto their father's brothers' sons; so that they were first cousins.

Verse 11

And they were married into the families of the sons of Manasseh, the son of Joseph,.... The family of the Hepherites, of which they were. Aben Ezra observes, that their being married into families, and not a family, is a sign that their uncles' sons were not all of them brethren, or the sons of one man, but of more, though all sons of one or other of their father's, brethren: and their inheritance remained in the tribe of the family of their father; by means of these marriages, even both in their father's tribe and family.

Verse 12

These are the commandments and the judgments,.... The judicial laws concerning the division of the land of Canaan, the case of inheritances in it, and the cities of refuge: which the Lord commanded by, the hand of Moses unto the children of Israel, in the plains of Moab by Jordan near Jericho; where the Israelites had been ever since they were first observed by Balak king of Moab, and where the various things had been done recorded in the preceding chapters from that time. Next: Deuteronomy Introduction

Verse 4

And when the year of jubilee came round (see Lev 25:10), their inheritance would be entirely withdrawn from the tribe of Manasseh. Strictly speaking, the hereditary property would pass at once, when the marriage took place, to the tribe into which an heiress married, and not merely at the year of jubilee. But up to the year of jubilee it was always possible that the hereditary property might revert to the tribe of Manasseh, either through the marriage being childless, or through the purchase of the inheritance. But in the year of jubilee all landed property that had been alienated was to return to its original proprietor or his heir (Lev 25:33.). In this way the transfer of an inheritance from one tribe to another, which took place in consequence of a marriage, would be established in perpetuity. And it was in this sense that the elders of the tribe of Manasseh meant that a portion of the inheritance which had fallen to them by lot would be taken away from their tribe at the year of jubilee.

Verse 5

Moses declared that what they had affirmed was right (כּן), and then, by command of Jehovah, he told the daughters of Zelophehad that they might marry whoever pleased them (the suffix ־הם, attached to בּעיני, for ־הן, as in Exo 1:21; Gen 31:9, etc.), but that he must belong to the family of their father's tribe, that is to say, must be a Manassite. For (Num 36:7) the inheritance was not to turn away the Israelites from one tribe to another (not to be transferred from one to another), but every Israelite was to keep to the inheritance of his father's tribe, and no one was to enter upon the possession of another tribe by marrying an heiress belonging to that tribe. This is afterwards extended, in Num 36:8 and Num 36:9, into a general law for every heiress in Israel.

Verse 10

In Num 36:10-12 it is related that, in accordance with these instructions, the five daughters of Zelophehad, whose names are repeated from Num 26:33 and Num 27:1 (see also Jos 17:3), married husbands from the families of the Manassites, namely, sons of their cousins (? uncles), and thus their inheritance remained in their father's tribe (על היה, to be and remain upon anything).

Verse 13

The conclusion refers not merely to the laws and rights contained in Num 33:50-36:13, but includes the rest of the laws given in the steppes of Moab (ch. 25-30), and forms the conclusion tot he whole book, which places the lawgiving in the steppes of Moab by the side of the lawgiving at Mount Sinai (Lev 26:46; Lev 27:34) and bring sit to a close, though without in any way implying that the explanation (בּאר, Deu 1:5), further development, and hortatory enforcement of the law and its testimonies, statutes, and judgments (Deu 1:5; Deu 4:44., Num 12:1.), which follow in Deuteronomy, are not of Mosaic origin.

Verse 1

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.

Verse 5

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.

Verse 1

36:1-13 The five daughters of Zelophehad had petitioned for, and had been granted, equitable property rights (27:1-11). Here the ramifications of that decision are discussed.

36:1-4 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 (Lev 25:8-55) normally provided the means for land to return to its original owner, but it pertained only to land that was sold, not to land acquired through marriage.

Verse 5

36:5 The Lord readily provided the justice that the men of the tribe of Joseph (i.e., of the tribe of Manasseh, the son of Joseph) sought in their petition.

Verse 6

36:6-9 These stipulations resolved the quandary, guaranteeing the stability and continuity of the tribal land allotments.

Verse 10

36:10-12 As they had been instructed, Zelophehad’s five daughters all married cousins on their father’s side, keeping their father’s allotment within his clan. Marriage to a first cousin was acceptable in ancient Hebrew society (cp. Lev 18, 20; see also 1 Chr 23:22) as well as in other Near Eastern cultures.

Verse 13

36:13 Commands and regulations might refer to legal pronouncements from the whole book (cp. Lev 27:34) or only to those given on the plains of Moab (Num 26–36). • All that remained to make the Israelites ready to enter Canaan was for Moses to remind them of their history and covenant obligations—the subjects of the book of Deuteronomy.