מדרש על במדבר 27:5

[(Gen. 42:1:) THEN JACOB SAW THAT THERE WAS GRAIN IN EGYPT.] This text is related (to Job 9:7): THE ONE WHO TELLS THE SUN NOT TO SHINE < AND SEALS UP THE STARS >.¹⁹Gen. R. 91:1. {It simply tells about Jacob and his children, since they were likened to them. Thus it is stated (in Gen. 37:9): HERE WERE THE SUN, THE MOON, AND ELEVEN STARS BOWING DOWN TO ME.} Look at all Job's wisdom! Now who does not know that, if the Holy One tells the sun or the stars not to shine, they do not shine, as stated (in Job 9:7): THE ONE WHO TELLS THE SUN NOT TO SHINE … ? It simply tells about Jacob and his children, [since they were likened to them. Thus it is stated (in Gen. 37:9): HERE WERE THE SUN, THE MOON, AND ELEVEN STARS BOWING DOWN TO ME]. (Job 9:7:) THE ONE WHO TELLS THE SUN NOT TO SHINE. For the twenty-two years that Joseph stayed away from his brothers in Egypt, the Holy Spirit was hidden from Jacob and his children. He was no farther from them than a journey of four or five days; but they did not know that he was in Egypt. Now Jacob and his children had previously been great prophets. Do you want to understand? When Joseph had told them his dream, what did he say (in Gen. 37:10)? ARE WE TO COME, I AND YOUR MOTHER AND YOUR BROTHERS, AND BOW DOWN < TO THE GROUND FOR YOU > ? Then, when he had been sold, they did not know where he was. Ergo (in Job 9:7): THE ONE WHO TELLS THE SUN NOT TO SHINE. Why so? So that the prophets would not be boastful. The Holy One therefore made his power known to them to show them that they were nothing. And so you find with the greatest of the prophets (i.e., Moses). Because he had said (in Deut. 1:17): BUT THE CASE WHICH IS TOO HARD FOR YOU < YOU SHALL BRING UNTO ME >….²⁰Sifre to Deut. 1:17 (17); Sanh. 8a. The Holy One said to him: Are you able to interpret a difficult case? By your life, I am showing you! So, when the affair of the daughters of Zelophehad arrived, he began to have difficulties with it. When he did not know what to say, he brought their cause before the LORD, as stated (in Numb. 27:5): THEN MOSES BROUGHT THEIR CAUSE BEFORE THE LORD. The Holy One said to him: Was it not you who said (in Deut. 1:17): BUT THE CASE WHICH IS TOO HARD FOR YOU < YOU ARE TO BRING UNTO ME > … ? See, you do not know what the women know. (Numb. 27:7:) THE DAUGHTERS OF ZELOPHEHAD SPEAK WHAT IS RIGHT. These women have judged better than you. And so also in the case of Samuel, when he was measured against Moses and Aaron. Because he had said (in I Sam. 9:19): I AM THE SEER, the Holy One said to him: You have said: I AM THE SEER! By your life, tomorrow I am showing you whether you are a seer. Thus it is stated (in I Sam. 16:1): FILL YOUR HORN WITH OIL AND GO; {COME} [I AM SENDING YOU] UNTO JESSE THE BETHLEHEMITE BECAUSE I HAVE CHOSEN A KING FOR MYSELF AMONG HIS SONS. When he had gone, what is written (in I Sam. 16:6)? AND IT CAME TO PASS, WHEN HE HAD COME, THAT HE SAW ELIAB AND SAID: SURELY THE LORD'S ANOINTED IS STANDING BEFORE HIM. The Holy One said to him: Are you the one who said (in I Sam. 9:19): I AM THE SEER? (I Sam. 16:7:) DO NOT LOOK UPON HIS APPEARANCE…. And so also in the case of Jacob [and his children], they were prophets and sages, and nothing was hidden from them. When Joseph was sold, they did not know about him until the Holy One [wanted] < them to know >. Ergo (in Job 9:7): THE ONE WHO TELLS THE SUN NOT TO SHINE….

(Numb. 27:5:) “Moses brought their cause [before the Lord].” Some say that [God] made this become too hard for Moses, as there are righteous people that become [overly] proud in matters of a commandment, and [so] the Holy One, blessed be He, weakens their ability. You find that David said (in Ps. 119:54), “Your statutes were songs for me,” [meaning] they are light and customary for me like songs. The Holy One, blessed be He, said to him, “By your life, your end will be to err about something that [even] the schoolchildren know about.” At the time that he brought up the ark, he erred and put in on a cart, as stated (in II Sam. 6:3),” They loaded the ark of God onto a new cart.” [So God] suspended the ark in the air and the oxen became dislodged from under it. [Then] Uzzah approached to support it, but (according to II Sam. 6:7,) “God struck him down on the spot,” as an error in study is considered as wanton. Immediately (in II Sam. 6:8), “David was distressed because the Lord had inflicted a breach upon Uzzah.” [So] the Holy One, blessed be He, said to him, “Did you not say, ‘Your statutes were songs for me?’ Did you not learn (in Numb. 7:9), ‘But to the Kohathites he did not give; since theirs was the service of the [most] sacred objects, their porterage was by shoulder?’” [So David] began to ponder and say (in I Chron. 15:13), “The Lord our God burst out against us, for we did not seek Him like the law.” And so too, [this happened] with Moses. Because he said (in Deut. 1:17), “But the case which is too hard for you, you shall bring unto me and I will hear it,” the Holy One, blessed be He, weakened his ability.¹⁷Numb. R. 21:12; above, Gen. 10:6; Sifre to Deut. 1:17 (17); Sanh. 8a. The matter is comparable to a moneychanger who said to his student, “If coins come to you to be exchanged, exchange them, but if pearls should come to you, bring them to me.” [When] a ring of baubles came to him, [the student] brought it to [this] teacher. [But] then the teacher went and showed it to another [money changer]. So too here. Moses said (in Deut. 1:17), “The case which is too hard for you, you shall bring unto me and I will hear it.” [But] when the daughters of Zelophehad came to him, [God] made it too hard for him. (Numb. 27:5-7) “Moses brought their cause before the Lord. [And the Lord said…,] ‘The daughters of Zelophehad speak correctly,’” such is the law. The Holy One, blessed be He, said to him, “Did you not say (ibid.), ‘The case which is too hard for you, you shall bring unto me?’ In the case of the judgment which you do not know, see [that even] the women know it.”

There is a Baraitha that the daughters of Z'laphchad were wise, understood lecturing, and were also righteous. They were wise, as their protest was to the point, for as R. Samuel b. R. Isaac said: "On that day Moses out Master was sitting and lecturing about the law of Yibum. They then said to him: 'If we are considered as a son, then let us inherit; and if we are not considered at all, then let our uncle marry our mother." Immediately follows (Num. 27, 5) And Moses brought the case before the Lord. They understood lecturing, as they said: If we should have a son, we would not say a word. But is there not written in a Baraitha that they said if there should be a daughter instead of a son? R. Jeremiah said: "Strike out the word daughters from the Baraitha." Abaye, however, said: "It is not necessary to strike it out, for they said, 'If there should have been even a daughter from a son, we would not say a word.' " They were upright, because they married only such that were worthy for them.

Another interpretation (of Numb. 27:5), “Moses brought their cause [before the Lord]”: R. Simeon ben Laqish said, “Our master Moses knew this judgment, but they first came before chiefs of tens. They said to them, ‘It is a judgment concerning inheritance, and this is not for us but for those greater than us.’ They came before the chiefs of fifties. [When] they saw that the chiefs of ten had shown them honor, the chiefs of fifty said, ‘[In our case] also there are those greater than us.’ So also [they came before] the chiefs of hundreds, the chiefs of thousands, and the princes. They all responded to them in a similar way, because they did not want to open their mouths before one who was greater than them. Moses said, ‘If I tell them the decision, I shall be appropriating all their dignity.’ He said to them, ‘In my case also there is One greater than I.’ Therefore (in Numb. 27:5), ‘Moses brought their cause [before the Lord].’” He answered him with (in vs. 7), “The daughters of Zelophehad speak correctly.” Thus the Holy One, blessed be He, acknowledged their utterance. (Numb. 27:7, cont.:) “You shall indeed grant them [possession of an inheritance among the brothers of their father].” Give them [also] chattel and their father's birthright in the assets of Hepher. They took three portions: The portion of their father, who was among those who had come out from Egypt; his portion with his brothers in the assets of Hepher; and since he was the first born, he took two portions. Another interpretation (of Numb. 27:7), “you shall indeed grant them [possession of an inheritance among the brothers of their father]”: After they [already] received [their share] on the other side of the Jordan, they came before Joshua in the land of Canaan, as stated (in Josh. 17:4), “Now they (i.e., the daughters of Zelophehad) came before Elazar the priest, Joshua ben Nun, and the princes [and said, ‘The Lord commanded Moses to give us an inheritance along with our male kin’].” Moreover, our ancestor Jacob also knew that they were receiving [an inheritance] on this side [of the Jordan] as well as on that side, since it is stated (in Gen. 49:22), “daughters¹⁸English versions generally read “boughs” or the like. step over a wall.” This [wall] is the Jordan, which became a wall [for Moses] so that he would not enter the land. Thus Jacob said to Joseph, “Your daughters shall receive a share on this [side of the Jordan] as well as on that [side].” (Numb. 27:7, cont.:) “And you shall transfer to them the inheritance of their father.” With reference to [standard] inheritance it is stated (in vs. 9), “and you shall give,” but with reference to a daughter, [it says (in vs. 8),] “and you shall transfer.”¹⁹The Hebrew is slightly different here from what is written in vs. 7. There the word you is singular while here the “you” is plural, as in vs. 8. Thus she may transfer an inheritance from tribe to tribe.²⁰So BB 109b. (Numb. 27:11:) “And it shall be a statutory judgment for the Children of Israel.” [The word judgment] teaches that inheritances [can only] be carried out through judges. (Numb. 27:12:) “Then the Lord [said] unto Moses, saying, ‘Go up on this mountain of Abarim.’” What reason did he have [for it] to be written after the parashah about inheritance?²¹Numb. R. 21:10. It was simply that when Moses heard from the mouth of the Holy One, blessed be He, (in Numb. 27:7), “you shall indeed grant them,” he thought that the Holy One, blessed be He, had been reconciled to him.²²Numb. R. 21:13. He said, “Here I am entering with Israel.” [Hence] the Holy One, blessed be He, said to him, “My decree remains in place; (Numb. 27:12-13) ‘Go up into the mountain of Abarim […] and you shall be gathered to your people…’ You are no better than your brother [in this].’”

Another matter, “your cheeks are lovely with ornaments,” when they explore the halakha with each other, like Rabbi Abba bar Mimi and his colleagues. “Your neck with beads,” when they would string together matters of Torah, from Torah to Prophets, and from Prophets to Writings, and fire is ignited around them, and the matters were as joyful as when they were given from Sinai. At their primary giving from Mount Sinai, were they not given in fire, as it is stated: “The mountain was burning with fire to the heart of the heavens” (Deuteronomy 4:11)?
Ben Azai was sitting and expounding and fire was surrounding him. They went and told Rabbi Akiva: Rabbi, ben Azai is sitting and expounding and fire is burning around him. [Rabbi Akiva] went to him and said to him: ‘I heard that you were expounding and fire was buring around you.’ He said to [Rabbi Akiva]: ‘Yes.’ [Rabbi Akiva] said to him: ‘Perhaps you were engaged in the esoterica of the Divine Chariot?’ He said to [Rabbi Akiva]: ‘No, but rather I was sitting and stringing together matters of Torah, from Torah to Prophets, and from Prophets to Writings, and the matters were as joyful as when they were given from Sinai, and as sweet as when they were first given. At their primary giving from Mount Sinai, were they not given in fire? That is what is written: “The mountain was burning with fire” (Deuteronomy 4:11).’ Rabbi Abahu was sitting and expounding and fire was burning around him. He said: ‘Am I perhaps not stringing together matters of Torah properly? As Rabbi Levi said: There are those who know to string but do not know to drill and there are those who know to drill but do not know to string. However, I was stringing and I was drilling.’²⁵⁵The reference is to drilling and stringing pearls. The metaphor is that one must delve deeply in one’s Torah study and then properly tie together the matters analyzed. Rabbi Abahu said that the fire was burning around him as he studied because he had followed all of those steps.
Another matter, “your cheeks are lovely with ornaments [batorim],” when they read matters of Torah in their sequence [betoreihen]; the halakhot of Passover on Passover, the halakhot of Shavuot on Shavuot, and the halakhot of Sukkot on Sukkot. Just as you say: “When the turn [tor] of each and every young woman would come” (Esther 2:12). “Your neck with beads,” Rabbi Levi said in the name of Rabbi Ḥama ben Rabbi Ḥanina: These are the portions of the Torah that are linked to each other, lead one to another, leap one to another,²⁵⁶That which is unclear or missing from one passage is clarified or filled in from a different passage (Matnot Kehuna). are comparable one to another, and are related one to another. Like this, that is written: “To these the land will be divided as an inheritance” (Numbers 26:53). What is written there? “The daughters of Tzelofḥad approached” (Numbers 27:1), “the daughters of Tzelofḥad speak correctly” (Numbers 27:7), and it is written thereafter: “Ascend to this highland of Avarim” (Numbers 27:12),²⁵⁷The midrash cites verses from three consecutive passages: Moses took a census of the Israelites, following which God commanded that the Land of Israel be eventually divided among those counted in that census (Numbers 26:1–56). The daughters of Tzelofḥad came to Moses to request that although only men were counted in the census, since their father had died without sons, his portion should go to his daughters. Moses consulted God, who said that in a case where a man dies without sons, he is inherited by his daughters (Numbers 27:1–11). Then God commanded Moses to ascend to Avarim, where he would die, and Moses asked God to appoint a successor to lead the Israelites, and God appointed Joshua (Numbers 27:12–23). which is Mount Nevo.²⁵⁸See Deuteronomy 32:49. What does this have to do with that? Since the land was divided, the daughters of Tzelofḥad came to Moses to receive their portion and Moses recused himself from their case. That is what is written: “Moses brought their case before [the Lord]” (Numbers 27:5). The Holy One blessed be He said to him: ‘Moses, from their case you recuse yourself, but you do not remove yourself from before Me?²⁵⁹You continue pleading before Me to allow you to enter the Land. “Ascend to this highland of Avarim.”’²⁶⁰Moses was told that he may see the Land from the mountain, and that after seeing the Land he would die without entering it. He said before Him: ‘Master of the universe, since You are expelling me from the world, what leaders are You appointing for Israel?’ The Holy One blessed be He said to him: ‘Is it necessary for you to command Me regarding My children; “will you command Me regarding My handiwork” (Isaiah 45:11)? Before you command Me regarding My children,²⁶¹Moses’s request is expressed in a somewhat assertive manner: “Let the Lord appoint a man” (Numbers 27:16). command My children in My regard.’ This is that is written: “Command the children and say to them” (Numbers 28:2).²⁶²This introduces the command to bring the daily continual offerings. To what is this matter analogous? It is to a king’s wife who was departing from the world. She said to him: ‘By the life of my lord, the king, I command you regarding my children.’ He said to her: ‘Before you command me regarding my children, command my children in my regard.’ So it was when Moses said before the Holy One blessed be He: ‘Master of the universe, since You are expelling me from the world, what leaders are You appointing over them?’

"And the thing that is too difficult for you, you shall bring near to me and I shall hear it": The Holy One Blessed be He said to Moses: You (say that) you are judging a difficult case? By your life, I shall apprise you that you are not judging a difficult case. For I will bring upon you a case that the women can hear (i.e., resolve), which you cannot hear. Which is that? The case of the daughters of Tzelafchad. And thus is it written (Bamidbar 27:5) "And Moses brought forth their judgment before the L-rd." Similarly (I Samuel 9:18-19) "And Saul approached Samuel within the gate and said to him: Tell me now, which is the house of the seer. And Samuel answered Saul, saying: I am the seer" — whereupon the Holy One Blessed be He said to him: You are the seer? By your life, I shall apprise you that you are not the seer. And when did He apprise him? When He said to him (16:1) "Fill your horn with oil and go and I will send you to Yishai of Bethlehem. For I have seen among his sons a king for Me." What is stated thereafter? (Ibid. 6) "And it was when they came that he (Samuel) saw Eliav and he said: Surely, before the L-rd is His anointed one." And the Holy One Blessed be He said to him: Did you not say "I am the seer"? (Ibid. 7) "Do not look at his appearance and at his tall stature, for I have rejected him. For it is not as a man sees. For a man sees to the (beauty of) the eyes, but the L-rd sees to the heart."

11 Another interpretation (of Numb. 27:1): “Then came forward [the daughters of Zelophehad [ben Hepher ben Gilead ben Machir ben Manasseh, of the families of Manasseh ben Joseph]”: [Their action was] an honor to them. [It was also] an honor to their father, an honor to Machir and an honor to Joseph that such righteous and wise women had issued from him. But what was their wisdom? They [only] spoke up at the proper time, when Moses was busy with the parashah about inheritance (in accordance with Numb. 26:53), “To these shall you apportion the land [for an inheritance].” They said to him, “If we are like a son, let us inherit; but if not, let our mother perform levirate marriage (marry her husband's brother).”¹¹His duty would be to rear children in the name of the deceased father. On levirate marriage generally, see Deut. 25:5-6: also Gen. 38:8-9; Ruth 4:5. Immediately (in Numb. 27:5), “Moses brought their cause before the Lord.” They were righteous, In that they had never been married to someone unworthy of them. Then why did they meet with Moses at the end [of the forty years]? So that he would not [put on airs] over having abstained from his wife for forty years.¹²Since Moses regularly stood in the Divine Presence, he needed to preserve an unbroken state of purity. The Holy One, blessed be He, informed him through these [women], saying, “Here are women who without being commanded [remained unmarried] for forty years, until they were married to someone worthy of them.”

12 And it is written (in Numb. 27:5) “Moses brought their cause [before the Lord]”: Some say that [God] made this become too hard for Moses, as there are righteous people that become [overly] proud in matters of a commandment, and [so] the Holy One, blessed be He, weakens their ability. You find that David said (in Ps. 119:54), “Your statutes were songs for me,” [meaning] they are light and customary for me like songs. The Holy One, blessed be He, said to him, “By your life, your end will be to err about something that [even] the schoolchildren know about.” At the time that he brought up the ark, he erred and put in on a cart, as stated (in II Sam. 6:3),” They loaded the ark of God onto a new cart.” [So God] suspended the ark in the air and the oxen became dislodged from under it. [Then] Uzzah approached to support it, but (according to II Sam. 6:7,) “God struck him down on the spot,” as an error in study is considered as wanton. Immediately (in II Sam. 6:8), “David was distressed because the Lord had inflicted a breach upon Uzzah.” [So] the Holy One, blessed be He, said to him, “Did you not say, ‘Your statutes were songs for me?’ Did you not learn (in Numb. 7:9), ‘But to the Kohathites he did not give; since theirs was the service of the [most] sacred objects, their porterage was by shoulder?’” [So David] began to ponder and say (in I Chron. 15:13), “The Lord our God burst out against us, for we did not seek Him like the law.” And so too, [this happened] with Moses. Because he said (in Deut. 1:17), “But the case which is too hard for you, you shall bring unto me and I will hear it,” [the Holy One, blessed be He,] weakened his ability.¹³ Sifre to Deut. 1:17 (17); Sanh. 8a. The matter is comparable to a moneychanger who said to his student, “If coins come to you to be exchanged, exchange them, but if pearls should come to you, bring them to me.” [When] a ring of baubles came to him, [the student] brought it to [this] teacher. [But] then the teacher went and showed it to another [money changer]. So too here. Moses said (in Deut. 1:17), “The case which is too hard for you, [you shall bring unto me and I will hear it].” [But] when the daughters of Zelophehad came to him, [God] made it too hard for him. (Numb. 27:5-7) “And Moses brought their cause before the Lord. [And the Lord said…,] ‘The daughters of Zelophehad speak correctly,’” such is the law. The Holy One, blessed be He, said to him, “Did you not say (ibid.), ‘The case which is too hard for you, [you shall bring unto me]?’ In the case of the judgment which you do not know, [see that even] the women determine it.” 13 Another interpretation (of Numb. 27:5), “Moses brought their cause [before the Lord]”: R. Simeon ben Laqish said, “Our master Moses knew this judgment, but they first came before chiefs of tens. They said to them, ‘It is a judgment concerning inheritance, and this is not for us but for those greater than us.’ They came before the chiefs of fifties. [When] they saw that the chiefs of ten had shown them honor, the chiefs of fifty said, ‘[In our case] also there are those greater than us.’ So also [they came before] the chiefs of hundreds, the chiefs of thousands, and the princes. They all responded to them in a similar way, because they did not want to open their mouths before one who was greater than them. [So] they went in front of Elazar. He said to them, Behold there is Moses our teacher’ These and those came in front of Moses. Moses said, ‘If I tell them the decision, I shall be appropriating the greatness.’ He said to them, ‘In my case also there is One greater than I.’ Therefore (in Numb. 27:5), ‘Moses brought their cause [before the Lord].’” He answered him with (in vs. 7), “The daughters of Zelophehad speak correctly.” Thus the Holy One, blessed be He, acknowledged their utterance. (Numb. 27:7, cont.) “You shall indeed grant them [possession of an inheritance among the brothers of their father]”: Give them [also] chattel and their father's birthright in the assets of Hepher. They took three portions: The portion of their father, who was among those who had come out from Egypt; his portion with his brothers in the assets of Hepher; and since he was the first born, he took two portions. Another interpretation (of Numb. 27:7), “you shall indeed grant them [possession of an inheritance among the brothers of their father]”: After they [already] received [their share] on the other side of the Jordan, they came before Joshua and Elazar in the land of Canaan, as stated (in Josh. 17:4), “Now they (i.e., the daughters of Zelophehad) came before Elazar the priest, Joshua ben Nun, and the princes and said, ‘The Lord commanded Moses [to give us an inheritance along with our male kin’].” Moreover, our ancestor Jacob also knew that they were receiving [an inheritance] on this side [of the Jordan as well as on that side], since it is stated (in Gen. 49:22), “daughters¹⁴English versions generally read “boughs” or the like. step over a wall.” This [wall] is the Jordan, which became a wall [for Moses] so that he would not enter the land. Thus Jacob said to Joseph, “Your daughters shall receive a share on this [side of the Jordan] as well as on that [side].” (Numb. 27:7, cont.) “And you shall transfer to them the inheritance of their father”: With reference to inheritance of a son it is stated (in vs. 9), “and you shall give,” but with reference to a daughter, [it says (in vs. 8),] “and you shall transfer.”¹⁵The Hebrew is slightly different here from what is written in vs. 7. There the word you is singular while here the “you” is plural, as in vs. 8. Thus she may transfer an inheritance from tribe to tribe.¹⁶So BB 109b. (Numb. 27:11) “And it shall be a statutory judgment for the Children of Israel”: [The word judgment] teaches that inheritances [can only] be carried out through judges.