Комментарий к Бамидбар 27:8
וְאֶל־בְּנֵ֥י יִשְׂרָאֵ֖ל תְּדַבֵּ֣ר לֵאמֹ֑ר אִ֣ישׁ כִּֽי־יָמ֗וּת וּבֵן֙ אֵ֣ין ל֔וֹ וְהַֽעֲבַרְתֶּ֥ם אֶת־נַחֲלָת֖וֹ לְבִתּֽוֹ׃
И скажи сынам Израилевым: если человек умрет и не будет иметь сына, тогда вы дадите наследство его дочери.
Rabbeinu Bahya
ואל בני ישראל תדבר לאמור, “and to the Children of Israel, you are to say, etc.” The Israelites were commanded this legislation at the instigation of the women. It is possible to explain the reason for this legislation in terms of the whole legislation of inheritance being the result of man’s mortality, which in turn was caused initially by women, i.e. by Chavah eating from the forbidden fruit of the tree of knowledge. In other words, women brought death into the world (Jerusalem Talmud Shabbat 2). It was therefore appropriate for the section of laws dealing with inheritance, i.e. transferring remnants of the dead to the living, to have been triggered by women. The reason the daughters of Tzelofchod are the women with whom the recording of this legislation is associated is their love of Eretz Yisrael. The land of Israel is also called the “hereditary land of G’d” in Joshua 22,19 corresponding to the expression ארץ החיים, “the land of the living” (Psalms 142,6). [In other words, women who have caused death are primary causes of salvaging whatever can be salvaged from death, Ed.].
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Rav Hirsch on Torah
V. 8. ואל בני ישראלי וגו׳: Das hier zur Geltung kommende Grundprinzip des Erbrechts hat allgemeine bleibende Geltung. —
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Daat Zkenim on Numbers
והעברתם את נחלתו לבתו, “you are to transfer his estate to his daughter.” In all the other verses dealing with the daughters of Tz’lofchod, this “transfer” is defined by the word: ונתתם, “you are to give.” Why is it described here as only a “transfer?” If this ”transfer” occurs to a married daughter who has inherited it from her father, it will subsequently become the husband’s, i.e. it will be known as her husband’s property.
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