Numbers 27:1 Kommentar

Here is, I. The case of Zelophehad's daughters determined (Num 27:1-11). II. Notice given to Moses of his death approaching (Num 27:12-14). III. Provision made of a successor in the government, 1. By the prayer of Moses (Num 27:15-17). 2. By the appointment of God (Num 27:18, etc.).

Mention is made of the case of these daughters of Zelophehad in the chapter before, v. 33. It should seem, by the particular notice taken of it, that it was a singular case, and that the like did not at this time occur in all Israel, that the head of a family had no sons, but daughters only. Their case is again debated (Num 36:1-13) upon another article of it; and, according to the judgments given in their case, we find them put in possession, Jos 17:3, Jos 17:4. One would suppose that their personal character was such as added weight to their case, and caused it to be so often taken notice of. Here is, I. Their case stated by themselves, and their petition upon it presented to the highest court of judicature, which consisted of Moses as king, the princes as lords, and the congregation, or elders of the people who were chose their representatives, as the commons, Num 27:2. This august assembly sat near the door of the tabernacle, that in difficult cases they might consult the oracle. To them these young ladies made their application; for it is the duty of magistrates to defend the fatherless, Psa 82:3. We find not that the had any advocate to speak for them, but they managed their own cause ingeniously enough, which they could do the better because it was plain and honest, and spoke for itself. Now observe, 1. What it is they petition for: That they might have a possession in the land of Canaan, among the brethren of their father, Num 27:4. What God had said to Moses (Num 26:53) he had faithfully made known to the people, that the land of Canaan was to be divided among those that were now numbered; these daughters knew that they were not numbered, and therefore by this rule must expect no inheritance, and the family of their father must be looked upon as extinct, and written childless, though he had all these daughters: this they thought hard, and therefore prayed to be admitted heirs to their father, and to have an inheritance in his right. If they had had a brother, they would not have applied to Moses (as one did to Christ, Luk 12:13) for an order to inherit with him. But, having no brother, they beg for a possession. Herein they discovered, (1.) A strong faith in the power and promise of God concerning the giving of the land of Canaan to Israel. Though it was yet unconquered, untouched, and in the full possession of the natives, yet they petition for their share in it as if it were all their own already. See Psa 60:6, Psa 60:7, God has spoken in his holiness, and the Gilead is mine, Manasseh is mane. (2.) An earnest desire of a place and name in the land of promise, which was a type of heaven; and if they had, as some think, an eye to that, and by this claim laid hold on eternal life, they were five wise virgins indeed; and their example should quicken us with all possible diligence to make sure our title to the heavenly inheritance, in the disposal of which, by the covenant of grace, no difference is made between male and female, Gal 3:28. (3.) A true respect and honour for their father, whose name was dear and precious to them now that he was gone, and they were therefore solicitous that it should not be done away from among his family. There is a debt which children owe to the memory of their parents, required by the fifth commandment: Honour thy father and mother. 2. What their plea is: That their father did not die under any attainder which might be thought to have corrupted his blood and forfeited his estate, but he died in his own sin (Num 27:3), not engaged in any mutiny or rebellion against Moses, particularly not in that of Korah and his company, nor in any way concerned in the sins of others, but chargeable only with the common iniquities of mankind, for which to his own Master he was to stand or fall, but laid not himself open to any judicial process before Moses and the princes. He was never convicted of any thing that might be a bar to his children's claim. It is a comfort to parents, when they come to die, if, though they smart themselves for their own sin, yet they are not conscious to themselves of any of those iniquities which God visits upon the children. II. Their case determined by the divine oracle. Moses did not presume to give judgment himself, because, though their pretensions seemed just and reasonable, yet his express orders were to divide the land among those that were numbered, who were the males only; he therefore brings their cause before the Lord, and waits for his decision (Num 27:5), and God himself gives the judgment upon it. He takes cognizance of the affairs, not only of nations, but of private families, and orders them in judgment, according to the counsel of his own will. 1. The petition is granted (Num 27:7): They speak right, give them a possession. Those that seek an inheritance in the land of promise shall have what they seek, and other things shall be added to them. These are claims which God will countenance and crown. 2. The point is settled for all future occasions. These daughters of Zelophehad consulted, not only their own comfort and the credit of their family, but the honour and happiness of their sex likewise; for on this particular occasion a general law was made that, in case a man had no son, his estate should go to his daughters (Num 27:8); not to the eldest, as the eldest son, but to them all in copartnership, share and share alike. Those that in such a case deprive their daughters of their right, purely to keep up the name of their family, unless a valuable consideration be allowed them, may make the entail of their lands surer than the entail of a blessing with them. Further directions are given for the disposal of inheritances, Num 27:9-11. "If a man have no issue at all, his estate shall go to his brethren; if no brethren, then to his father's brethren; and, if there be no such, then to his next kinsman." With this the rules of our law exactly agree: and though the Jewish doctors here will have it understood that if a man have no children his estate shall go to his father, if living, before his brethren, yet there is nothing of that in the law, and our common law has an express rule against it, That an estate cannot ascend lineally; so that if a person purchase lands in fee-simple, and die without issue in the life-time of his father, his father cannot be his heir. See how God makes heirs, and in his disposal we must acquiesce.

INTRODUCTION TO NUMBERS 27 This chapter relates, that, upon a petition of the daughters of Zelophehad, the affair of inheritances was settled; and it is directed that, in case of want of male issue, inheritances should pass to females, and in failure of them to the next of kin, whether father's brethren or any near kinsman, Num 27:1, also an order to Moses to go up to the Mount Abarim, and take a view of the good land, and die; with the reason of it, Num 27:12, upon which Moses desires a successor of him might be appointed, Num 27:15, in answer to which Joshua is nominated, and being presented before the high priest and the people, was invested with his office, by imposition of hands, and had his charge given him, Num 27:18.

Then came the daughters of Zelophehad,.... Who are mentioned among the families of Manasseh, under that of the Hepherites, Num 26:33, their father being dead, and they having no brethren, when they heard the land was to be divided among those that were numbered, and who were only males of twenty years old and upwards, were concerned, lest they should have no share in the division of the land; and therefore came, according to the Targum of Jonathan, to the house of judgment, or court of judicature, where Moses, the princes, &c. were now sitting: the genealogy of Zelophehad is given: he was the son of Hepher, the son of Gilead, the son of Machir, the son of Manasseh, the son of Joseph; by which it appears he was of the tribe of Manasseh, and of the fourth generation from him: and these are the names of his daughters, Mahlah, Noah, ann Hoglah, and Milcah, and Tirzah; in the same order their names are given in Num 26:33, but in Num 36:11, it is a little altered, Noah and Tirzah change places, which Jarchi says shows they were upon an equality one with another.

Moses commands the people to write the law upon stones, when they shall come to the promised land, Deu 27:1-3. And to set up these stones on Mount Ebal, Deu 27:4; and to build an altar of unhewn stones, and to offer on it burnt-offerings and peace-offerings, Deu 27:5-7. The words to be written plainly, and the people to be exhorted to obedience, Deu 27:8-10. The six tribes which should stand on Mount Gerizim to bless the people, Deu 27:11, Deu 27:12. Those who are to stand upon Mount Ebal to curse the transgressors, Deu 27:13. The different transgressors against whom the curses are to be denounced, Deu 27:14-26.

The daughters of Zelophehad - The singular case of these women caused an additional law to be made to the civil code of Israel, which satisfactorily ascertained and amply secured the right of succession in cases of inheritance. The law, which is as reasonable as it is just, stands thus: 1. On the demise of the father the estate goes to the sons; 2. If there be no son, the daughters succeed; 3. If there be no daughter, the brothers of the deceased inherit; 4. If there be no brethren or paternal uncles, the estate goes to the brothers of his father; 5. If there be no grand uncles or brothers of the father of the deceased, then the nearest akin succeeds to the inheritance. Beyond the fifth degree the law does not proceed, because as the families of the Israelites were kept distinct in their respective tribes, there must always be some who could be called kinsmen, and were really such, having descended without interruption from the patriarch of the tribe.

THE DAUGHTERS OF ZELOPHEHAD ASK FOR AN INHERITANCE. (Num 27:1-11) Our father died in the wilderness, and he was not . . . in the company of . . . Korah--This declaration might be necessary because his death might have occurred about the time of that rebellion; and especially because, as the children of these conspirators were involved along with their fathers in the awful punishment, their plea appeared the more proper and forcible that their father did not die for any cause that doomed his family to lose their lives or their inheritance. died in his own sin--that is, by the common law of mortality to which men, through sin, are subject.

Claims of Zelophehad's Daughters to an Inheritance in the Promised Land. - Num 27:1-4. The divine instructions which were given at the mustering of the tribes, to the effect that the land was to be divided among the tribes in proportion to the larger or smaller number of their families (Num 26:52-56), induced the daughters of Zelophehad the Manassite of the family of Gilead, the son of Machir, to appear before the princes of the congregation, who were assembled with Moses and Eleazar at the tabernacle, with a request that they would assign them an inheritance in the family of the father, as he had died in the desert without leaving any sons, and had not taken part in the rebellion of the company of Korah, which might have occasioned his exclusion from any participation in the promised land, but had simply died "through his (own) sin," i.e., on account of such a sin as every one commits, and such as all who died in the wilderness had committed as well as he. "Why should the name of our father be cut off (cease) from the midst of his family?" This would have been the case, for example, if no inheritance had been assigned him in the land because he left no son. In that case his family would have become extinct, if his daughters had married into other families or tribes. On the other hand, if his daughters received a possession of their own among the brethren of their father, the name of their father would be preserved by it, since they could then marry husbands who would enter upon their landed property, and their father's name and possession would be perpetuated through their children. This wish on the part of the daughters was founded upon an assumption which rested no doubt upon an ancient custom, namely, that in the case of marriages where the wives had brought landed property as their dowry, the sons who inherited the maternal property were received through this inheritance into the family of their mother, i.e., of their grandfather on the mother's side. We have an example of this in the case of Jarha, who belonged to the pre-Mosaic times (Ch1 2:34-35). In all probability this took place in every instance in which daughters received a portion of the paternal possessions as their dowry, even though there might be sons alive. This would explain the introduction of Jair among the Manassites in Num 32:41; Deu 3:14. His father Segub was the son of Hezron of the tribe of Judah, but his mother was the daughter of Machir the Manassite (Ch1 2:21-22). We find another similar instance in Ezr 2:61 and Neh 7:63, where the sons of a priest who had married one of the daughters of Barzillai the rich Gileadite, are called sons of Barzillai.