민수기 27:11의 미드라쉬

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].’”

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.

"A husband inherits from his wife." From where do we learn this? Learn it from “And he shall inherit it,” (Numbers 27:11) with the word “it” written in the feminine “otah,” which can also be translated as: Her. This teaches that a husband inherits from his wife; this is the statement of Rabbi Akiva. But Rabbi Yishmael says: This derivation is not necessary, as the verse states, “And Elazar, the son of Aharon, died [and they buried him in the Hill of Pinehas his son, which was given him in Mount Ephraim]” (Joshua 24:33). And from where did Pinehas have land that his father, Elazar, did not have? Rather, this teaches that Pinehas married a woman [who possesed land, perhaps from her own father], and she died and he inherited from her [so Pinehas had his own land]. And a [similar] verse says: “And Seguv begot Yair, who had twenty-three cities in the land of Gilead” (I Chronicles 2:22). And from where did Yair have land that his father, Seguv, did not have? Rather, this teaches that Yair married a woman, and she died and he inherited from her. Why "And a verse says"? And if you would say it was Elazar, his father, who married a woman who died, and her son Pinehas inherited from her - come and hear a proof from the verse: “And Seguv begot Yair” (I Chronicles 2:22). And if you would say: That is the case there as well [that it was Yair who inherited it from his deceased mother], if so, why do I need two verses? Rav Pappa said to Abaye: I could actually say to you: A husband does not inherit [from his wife], and the verses are concerned about the son, as we explained. And Yair? He purchased it [from a third party, with no inheritance]. And Pinehas? He purchased it from a third party. You cannot say [that Pinehas purchased the land where he buried his father], as if so, the field would return to its original owner in the Jubilee Year, and it would be found that this righteous man, i.e., Elazar, is buried in a grave in land that is not his. Rather, say that [in his capacity as a priest] Pinehas came into possession of this land as a dedicated field.

(Bamidbar 27:11) "And if his father has no brothers, then you shall give his inheritance to his flesh who is near to him": The "nearest" takes precedence in the inheritance. "of his family": his father's family or his mother's family? It is, therefore, written (Ibid. 1:2) "by their families, by their fathers' house" — the families are according to the fathers. "and he shall inherit her": (as above). "and it shall be to the children of Israel a statute of judgment." The Torah hereby authorizes the sages to adjudicate the matter (i.e., to decide who is the "nearest.") "then you shall give his inheritance to his flesh who is near to him of his family": Whoever is closest in "flesh" takes precedence in inheritance.