Commento su Numeri 36:7

V’LO THISOV NACHALAH’ (SO SHALL NO INHERITANCE) OF THE CHILDREN OF ISRAEL MOVE FROM TRIBE TO TRIBE. Scripture was only concerned to improve the situation at that time [i.e., for the daughters of Zelophehad who had raised that problem]. For if there were [then] women in Israel [already] married to [men of] another tribe, and they [the women] inherited [a portion of the Land] at that time, or would inherit at some future time if their brothers or fathers died without sons, their inheritance would perforce move from one tribe to another [because their husbands, who were of a different tribe, or their sons, would inherit them when they died], and who can straighten out in time what they have made crooked!¹¹⁵Ecclesiastes 7:13. The Torah, furthermore, did not want to command that the sons or husbands of these women should not inherit them [if they were not of the same tribe], because it did not deem it fit to abrogate [in this case] the [regular] law of inheritance. Similarly Scripture did not concern itself with events which would occur in the future; for even if those daughters who do not possess an inheritance [before they are married] would be permitted to marry [men from] any of the tribes, yet it is possible that at some future time they might inherit some property, if [all] their brothers die in the lifetime of their father, and thus their father’s inheritance, or that of their relatives would pass on to them.¹¹⁶In other words, if not for the opinion of the Rabbis on the meaning of Scripture we could say that this prohibition is for all times, applying to such women as the daughters of Zelophehad who stood to be married and who already possessed an inheritance. But women who were already married at that time to men of other tribes and are [like the daughters of Zelophehad] inheriting now [because their fathers who were among those who left Egypt, died without sons], and similarly, women who stand to be married and may yet inherit their fathers if they die without sons — with all these possibilities Scripture was not concerned. Instead, the law for all times was specifically applying to women who stand to be married and have already an inheritance of the tribe, just like the daughters of Zelophehad. All this we might be inclined to say. But according to the opinion of our Rabbis etc. (see text) — (Kur Zahav, quoting Aboab).
But according to the opinion of our Rabbis who interpreted:¹¹⁷Baba Bathra 117a. “This law¹¹⁸Literally: “this thing,” based upon Verse 6 which reads: ‘This is the thing’ which the Eternal hath commanded concerning the daughters of Zelophehad — that they marry men of their father’s tribe. only applies to that particular generation,” it is possible¹¹⁹The gist of Ramban’s thought is as follows: In the light of the saying of our Rabbis, that this law did not apply for all times [as explained above in Note 116] but only to that particular generation, it is possible then to say that Scripture was also concerned with the above-mentioned possibilities. As for those women who were already married to men of other tribes and are now inheriting, it is possible to say that there was no other case in that generation similar to that of Zelophehad’s daughters, the proof being that no other tribe complained. And as for the other possibility, of women who stand to be married and may yet inherit their fathers if they die without sons, we answer, G-d in Whose hand etc. (see text) — (Kur Zahav, in the name of Aboab). that [at that time] there were no daughters who inherited a portion amongst all those who were to come into the Land [of Israel] except for the daughters of Zelophehad, and therefore [we do not find that] they [i.e., other women] asked [Moses about it as the daughters of Zelophehad did]. Scripture, then, is commanding that if anyone dies from that day onwards until the Land is divided up amongst their tribes, and his daughter inherits him, she should not marry [anyone] from another tribe, in order that when the Land is divided up, that man should not come to take himself an inheritance amongst another tribe. For the [Torah’s] concern about them [i.e., about the separate inheritance of each tribe] was greater at the time of the division of the Land [than afterwards], so that the [different] tribes should not become mixed up with each other when taking their inheritance, whereas afterwards their [separate] inheritance will have already become known, and they would not be so concerned about it. But since the [exact] time of the division [of the Land] was not yet known, He imposed the prohibition on the whole of that generation. And G-d in Whose hand is the soul of every living thing¹²⁰Job 12:10. Ramban’s intent is to state that He in Whose hand is the soul of every living thing knew that “until the division of the Land no man would die without leaving a son, so that his daughters would be inheriting him” (Aboab). But such an assurance could naturally not apply if we were to say that the prohibition was for all generations. did not have to be concerned with future events [which might in certain cases result in the transfer of a particular inheritance from one tribe to another].
This explanation is correct according to the plain meaning of Scripture, for [the phrase in Verse 9] v’lo thisov nachalah is not a reason [for prohibiting the marriage of a woman who has already an inheritance, with a man from another tribe] “in order that the inheritance shall not be moved [from tribe to tribe],” but there are two separate commandments [in this section]. He commanded [first, in Verses 6-8] that those women who already possess an inheritance [such as the daughters of Zelophehad, who were not married] should only marry into their father’s tribe, and then [in Verse 9] He commanded that [in the case of] those who are already married [to men of other tribes and have no inheritance], or [in the case of all those women] who will come into an inheritance [later on] after they marry a man [of another tribe], the inheritance shall not move from one tribe to another tribe, but their brothers or their relatives are to inherit them, and not their sons or their husbands. Thus at first [in Verses 6-7] He commanded [the law] in connection with the daughters of Zelophehad, and afterwards [in Verse 8] concerning every daughter that possesseth an inheritance; and then He said in connection with all Israel that an inheritance shall not move from one tribe to another tribe [as stated in Verse 9, meaning] that even in the case of women who are [already] married [to men of another tribe], or [unmarried] women who have been commanded [not to marry men of another tribe] and who transgress this commandment, the men of their tribes [i.e., the women’s brothers or other relatives] should inherit them, in order that they should be closely attached to the inheritance of their fathers’ tribes, and their inheritance should not be severed from them, nor they from the inheritance of their fathers. And all these [restrictions] applied only to the generation which took possession of the Land, at the time that it was divided up. Thus He advised them about unmarried women, concerning whom they had asked, and He also made provision for those that were already married.

36, 7 ולא תסוב נחלה, “an inheritance shall not make the rounds.” Our sages state that this decree applied only during the first generation of the settlers to whom the land had been allocated. Nachmanides writes that what the verse teaches is that if anyone who qualifies for a share in the land on the day this legislation was published dies before he has a chance to physically take possession of his share of the land, and he left a daughter who is qualified to inherit his share of the land, she is not to marry a member of another tribe, in order that her father’s share will not eventually wind up as part of the holdings of her husband’s tribe. Once the physical distribution of the land had been completed, however, such a daughter is free to marry males from any other tribe. The reason is that by that time her original inheritance being a piece of land belonging to her father’s tribe is a well known fact which prevents a land grab by a member of another tribe. Seeing that at the time this legislation was published the exact date of when the distribution would occur had not been known, the legislation is written as if it applied to the entire generation. According to the plain meaning of the text the words ולא תסוב נחלה are not to be understood as providing a rationale for this legislation, i.e. that this legislation is designed to prevent the swapping of ancestral land, but we are dealing here with two separate commandments, each part of the laws of inheritance. 1) Girls inheriting the father’s estate are not to marry outside their tribe. 2) Women, who were daughters of fathers that had no male issue, and were married prior to the publication of this legislation, and who will inherit their father’s share of the land when the time came for distribution, cannot transfer by inheritance or other device their father’s share, but must allow such share upon their death to be inherited by the nearest relatives of their father’s tribe. The immediate application of this legislation was designed to solve the problem of the daughters of Tzelofchod, but they were only the role model for applying this legislation in the future. In other words, in the future this basic condition of ancestral lands remaining non-transferable to other tribes is valid even for women who had already been married when they became heirs to such land. If their sons who were members of their father’s tribe did not belong to the same tribe as their mother’s inheritance, they could not claim this land.

ולא תסב נחלה לבני ישראל ממטה אל מטה אחר, “so that ancestral property will not make the rounds from tribe to another tribe.” This commandment was valid only for the generation of the Israelites entering the land of Canaan at that time (Baba Batra 120). At that time the twelve tribes of the Israelites on terrestrial earth corresponded to their exact counterparts in the celestial spheres (Zohar Bamidbar 118). If one tribe would have sold part of its ancestral territory to another, the result would have been an imbalance of the forces representing the tribes in the celestial regions. Once the people had settled in Eretz Yisrael which is the terrestrial counterpart of the sum total of all these celestial forces of the tribes, this did not matter anymore.

Thus is completed the Book of the Censuses¹²¹Such is the name given by the Sages to the fourth book of the Torah: “the Fifth of the Censuses” (Sotah 36b). [i.e., the Book of Numbers] and the standards of the hosts;
And to G-d, the G-d of hosts, be praises and thanksgivings, in hundreds, thousands, and myriads.
And as He has done for our ancestors great and awesome deeds,¹²²See Deuteronomy 10:21. may He bring about speedily in our days the end of the wonders.¹²³Daniel 12:6. A reference to the Messianic era.
May He build the House and the chambers and the border before the cells.¹²⁴Ezekiel 40:12.
And prepare there the thrones of the house of David,¹²⁵Psalms 122:5. This may also be a reference to the mysteries of the Cabala. See at end of Ramban’s Introduction to the Book of Genesis: “And He will show those who are pleasing to Him wonders from His Torah” (Vol. I, p. 16). and may our eyes behold it!
And may He in His mercies purify us of all [our] hidden [faults] and all errors,¹²⁶See ibid., 19:13.
And show us wondrous things from His Torah!¹²⁷See ibid., 119:18.
Amen. May His Will be so!
Finished and completed.