1 The heads of the fathers' (houses) of the family of the children of Gilead, the son of Machir, the son of Manasseh, of the families of the sons of Joseph, came near, and spoke before Moses, and before the princes, the heads of the fathers' (houses) of the children of Israel:
*Minor differences ignored. Grouped by changes, with first version listed as example.
And the chief fathers of the families. It might appear strange that God had given an imperfect law with reference to succession, as if what will be now stated had not occurred to His mind until Moses was reminded by the chief men of the families (of Machir,) that it was unjust that the inheritances should be alienated, which would have been the case if the daughters of Zelophehad had married into other tribes, whereas their portion had fallen in the lot of the tribe of Manasseh. For whatever fell into the hands of those of another tribe, was a diminution of that lot. As, therefore, God had lately made provision for preserving the rights of individuals, He now treats of the general advantage or loss. What, then, can be the meaning of the objection, that God only half considered what was right? In my opinion, He so arranged His replies, that only when inquired of He assigned to each one his rights. The daughters of Zelophehad come, and demand justice of Moses and the elders, and God complies with their prayers. Now the heads of the tribe come, and agitate the question respecting the loss they would incur by the alienation of the inheritances; and it is then provided that other tribes should not be enriched by their loss. In short, whereas God might have spontaneously anticipated this, He preferred to grant it at the request of those who asked nothing but what was just and equitable. For it cannot be said that in this case it happened, as it often does, that, whilst every one pertinaciously maintains his own cause, and is eager to advance his own interests, one question arises out of another; for, when God has taken cognizance of the case, He pronounces that both parties only demanded what was right. It follows, therefore, that God designedly withheld His decisions until they naturally arose out of the circumstances of the case. It is a common saying that the law makes no provision for those things which rarely occur. [1] Thus it would have been commonly supposed that this law was superfluous; and especially it would have detracted somewhat from the authority of his teaching, if Moses had treated of this trifling matter, had not circumstances led to it. In fine, God allowed Himself to be interrogated familiarly with respect to doubtful points of no primary importance, in order that posterity might recognize His reply as a proof of His fatherly indulgence. Meanwhile, let us bear in mind that if heavenly things are the subject of as much anxiety to us, as earthly things were to the children of Manasseh, the rule that we should observe will always be made clear to us.
1 - "De his, quae frequenter fieri solent, non quae raro, leges fieri debent." 1. 3. et sequentibus ff. de legib.; 1. 3. Digest. si pars haeredit, petatur; 1.28 ff. de judiciis; 1. ea quae 64, de regul. juris.
The daughters of Zelophehad had obtained an ordinance Numbers 28:6-11 which permitted the daughters of an Israelite dying without male issue to inherit their father's property. The chiefs of the Machirites, of whom Zelophehad had been one, now obtain a supplemental enactment, directing that heiresses should marry within their own tribe.
And the (a) chief fathers of the families of the children of Gilead, the son of Machir, the son of Manasseh, of the families of the sons of Joseph, came near, and spake before Moses, and before the princes, the chief fathers of the children of Israel:
(a) It seems that the tribes contended who might marry these daughters to have their inheritance: and therefore the sons of Joseph proposed the matter to Moses.
And the chief fathers of the families of the children of Gilead,.... The princes, as Aben Ezra; so the Septuagint version, which was the tribe of Manasseh, whose grandson Gilead was, as follows:
the son of Machir, the son of Manasseh of the families of the sons of Joseph, came near; to the house of judgment, as the Targum of Jonathan, the sanhedrim or court of judicature, consisting of the following persons:
and spoke before Moses; the Septuagint version adds, "and before Eleazar the priest", as in Numbers 27:2.
and before the princes, the chief fathers of the children of Israel: the princes of the several tribes; or it may be rather the seventy elders.
The heads of the tribe of Manasseh represent the evil which might follow, if the daughters of Zelophehad should marry into any other tribes. They sought to preserve the Divine appointment of inheritances, and that contests and quarrels should not rise among those who should come afterwards. It is the wisdom and duty of those who have estates in the world, to settle them, and to dispose of them, so that no strife and contention may arise.
THE INCONVENIENCE OF THE INHERITANCE. (Numbers 36:1-13)
the chief fathers of the families of the children of Gilead--Being the tribal governors in Manasseh, they consulted Moses on a case that affected the public honor and interests of their tribe. It related once more to the daughters of Zelophehad. Formerly they had applied, at their own instance, to be recognized, for want of male heirs in their family, as entitled to inherit their father's property [Numbers 27:1-11]; now the application was made on behalf of the tribe to which they belonged--that steps might be taken to prevent the alienation of their patrimony by their alliance with husbands of another tribe. The unrestricted marriages of daughters in such circumstances threatened seriously to affect the tenure of land in Israel, as their inheritance would go to their children, who, by the father's side, would belong to another tribe, and thus lead, through a complication of interests and the confusion of families, to an evil for which even the Jubilee could not afford a remedy. [See on Leviticus 25:13].
The occasion for this law was a representation made to Moses and the princes of the congregation by the heads of the fathers' houses (האבות for בּית־האבות, as in Exodus 6:25, etc.) of the family of Gilead the Manassite, to which Zelophehad (Numbers 26:33) belonged, to the effect that, by allotting an hereditary possession to the daughters of Zelophehad, the tribe-territory assigned to the Manassites would be diminished if they should marry into another tribe. They founded their appeal upon the command of Jehovah, that the land was to be distributed by lot among the Israelites for an inheritance (Numbers 36:2 compared with Numbers 26:55-56, and Numbers 33:54); and although it is not expressly stated, yet on the ground of the promise of the everlasting possession of Canaan (Genesis 17:8), and the provision made by the law, that an inheritance was not to be alienated (Leviticus 25:10, Leviticus 25:13, Leviticus 25:23.), they understood it as signifying that the portion assigned to each tribe was to continue unchanged to all generations. (The singular pronoun, my Lord, in Numbers 36:2, refers to the speaker, as in Numbers 32:27.) Now, as the inheritance of their brother, i.e., their tribe-mate Zelophehad, had been given to his daughters (Numbers 27:1), if they should be chosen as wives by any of the children of the (other) tribes of Israel, i.e., should marry into another tribe, their inheritance would be taken away from the tribe-territory of Manasseh, and would be added to that of the tribe into which they were received. The suffix להם (Numbers 36:3) refers ad sensum to מטּה, the tribe regarded according to its members.
*More commentary available at chapter level.