Sifrei Bamidbar 134

¹(Bamidbar 27:6-7) "And the L-rd said to Moses: Rightly do the daughters of Tzelafchad speak": The daughters of Tzelafchad have claimed well, for thus is this section written before Me on high. Happy is the man whose words the L-rd acknowledges. Similarly, (Ibid. 36:5) "Rightly does the tribe of the sons of Joseph speak." Similarly, (Ibid. 14:20) "And the L-rd said: I have forgiven according to your words." The peoples of the world are destined to say this: "Happy is the man whose words the L-rd acknowledges." "Given shall be given to them the holding of an inheritance": This is the inheritance of their father. "in the midst of the brothers of their father": This is the inheritance of the father of their father "and you shall pass over the inheritance of their father to them": This is the portion of the first-born — whence we are apprised that the daughters of Tzelafchad took three portions: that of their father, that of their father's father, and the double portion of the first-born. R. Eliezer b. Yaakov says: Also that of their father's brothers, it being written "Given shall be given to them." ²(Bamidbar 27:8) "And to the children of Israel shall you speak, saying": This tells us only of the immediate situation (i.e., that of Tzelafchad's daughters). Whence do we derive (the same for) future generations? From "And to the children of Israel shall you speak, saying: A man, if he die, and he have no son, then you shall pass his inheritance to his daughter." Rebbi says: In all instances (of inheritance) the term "giving" is used, but in this instance "passing" is the term employed. For only a daughter can "pass" an inheritance (from one tribe to another), her son and her husband inheriting her (i.e., what she has inherited from her father, who may be of a different tribe.) Whence is it derived that the father (of the deceased) precedes his brothers (i.e., the brothers of the deceased) in the inheritance? R. Yishmael was wont to say: It is written "then you shall pass over his inheritance to his daughter." Because of a daughter you pass over an inheritance from the father, and not because of the brothers. And whence is it derived that a father inherits (his son)? It follows, a fortiori, viz.: If the father's brothers who come (to inherit) only by power of the father, inherit him, then the father (himself), whose brothers come (to inherit) only by his power, how much more so should he inherit (his son)? And whence is it derived that the son's daughter stands in place of the son? It follows a fortiori, viz.: If the daughters of Tzelafchad, who inherited only for a particular time (i.e., an exception was made in their case, for the land was apportioned only to those who had left Egypt and had died), how much more so (is this to obtain) for the succeeding generations! Whence is it derived that females stand in the place of males (in all the "inheritances" of the Torah)? It follows (inductively), viz.: Since sons inherit and the brothers of the (deceased) father inherit, then just as with sons, females are equated with males, so, with all inheritors, females are equated with males. And just as with sons, males take precedence to females, so, with all inheritors, males take precedence to females. And just as with redeemers (of land) sons are equated with their fathers, (viz. Vayikra 25:49), so, with all inheritors, sons are equated with their fathers. And whence is it derived that a daughter inherits (her mother's possessions)? It is written (Bamidbar 36:8) "And every daughter who receives an inheritance from the tribes of the children of Israel, etc." This tells me only of a daughter. Whence do I derive (the same for) a son? It follows a fortiori, viz.: If a daughter, whose power (of inheritance) is attenuated where there is a son, inherits (her mother), how much more so, a son! And whence is it derived that a man inherits his wife? From (Ibid. 27:11) "… and he shall inherit (lit.,) her." These are the words of R. Akiva. R. Yishmael says: This (derivation) is not needed. For it is already written (Ibid. 36:8) "And every daughter who receives an inheritance from the tribes of the children of Israel, etc.", and (Ibid. 7) "And an inheritance of the children of Israel shall not go around from tribe to tribe," and (Joshua 24:33) "And Elazar the son of Aaron died, and they buried him on the hill of Pinchas, his son … in the mountain of Ephraim." Now whence did Pinchas have (land) in the mountain of Ephraim? It must be that he married a woman from the children of Ephraim, who died and whom he inherited. Similarly, (I Chronicles 2:22) "And Seguv begot Yair, and he had twenty-three cities in the land of Gilad." Now whence did Yair have (land) in the land of Gilad? It must be that he married a woman from the children of Menasheh, who died and whom he inherited. ³(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. ⁴(Bamidbar 27:12) "And the L-rd said to Moses: Go up to this Mount Avarim": This is the inheritance of the children of Reuven. When Moses entered the (prospective) inheritance of the children of Reuven and the children of Gad, he rejoiced, thinking "It seems to me that He has revoked His decree" (against my entering Eretz Yisrael) — whereupon he poured out supplication before the King. An analogy: A king decreed against his son that he not enter the doors of his palace. He came to the gate and left it behind him; to the storage room, and left it behind him. As he was about to enter the inner chamber, he said to him "My son, from here on, you are forbidden." Likewise, when Moses entered the inheritance of the children of Gad and the children of Reuven, he rejoiced, thinking "It seems to me that He has revoked His decree," whereupon he began to pour out supplication before the L-rd. Now does this not follow a fortiori, viz.: If Moses, the great sage, the father of the sages and the father of the prophets, even though he knew that a decree had gone forth against him, did not keep himself from supplication, how much more so should this hold true for other men! ⁵(Devarim 3:23) "And I supplicated (va'ethchanan) the L-rd": "Va'ethchanan" is a term of entreaty. "at that time to say": Let "to say" not be written. The intent is: Make it known to me whether I will enter the land or not. "Adonai": the L-rd (adon) of all who enter the world. "Elokim": With (the attribute of) justice did You create the world. "You have begun": You have begun to open the door for Your servant, in my entering the inheritance of the children of Reuven and the children of Gad. Variantly: You have profaned (i.e., broken) Your oath. You wrote in Your Torah (Shemot 22:19) "He who sacrifices to a god shall be condemned." Yet your children served idolatry and I sought mercy from You, and You forgave them. (Devarim, Ibid.) "to show Your servant": miracles and mighty acts, viz. (Shemot 3:3) "I shall turn aside and I shall see, etc." (Devarim, Ibid.) "Your greatness": This is the attribute of Your goodness, as it is written (Bamidbar 14:17) "And now, let the power of the L-rd be made great." (Devarim, Ibid.) "And Your (mighty) hand": This is Your right hand, which is stretched out to all who enter the world, viz. (Shemot 15:6) "Your right hand, O L-rd, is exalted in power," and (Psalms 44:4) "Your right hand, and Your arm, and the light of Your countenance." (Devarim, Ibid.) "mighty": For You subdue with mercy the attribute of justice, viz. (Michah 7:18) "Who is a G-d like You, forgiving transgression and passing by offense," (19) "He will return and be merciful to us, He will subdue our transgressions," (20) "You will give truth to Yaakov," and (Isaiah 45:23) "I have sworn by Me: From My mouth has gone forth righteousness, a word that will not turn back." (Devarim, Ibid.) "Who is mighty in heaven and earth": The attribute of flesh and blood — He who is greater than his neighbor nullifies his neighbor's decree. But You — who can overrule You? And thus is it written (Iyyov 23:13) "And He is One, and who can turn Him back?" R. Yehudah b. Bava says: Not as the measure of the Holy One Blessed be He is the measure of flesh and blood. The measure of flesh and blood: A man registered in the royal codex — even if he gives great sums, he cannot extricate himself from it. But You say: Repent, and I will accept, as it is written (Isaiah 44:22) "I have wiped away your offenses like a cloud, your sins, like a mist." Variantly: "Who is G-d in heaven and earth, etc." — But perhaps, outside of heaven and earth, there is! It is, therefore, written (Devarim 4:39) "And you shall know this day and you shall return it to your heart … there is no other" — anywhere! (Ibid.) "who can do as Your deeds and as Your (acts of) strength": "as Your deeds" — in Egypt. "as Your strength" — at the (splitting of the) sea. Variantly: "as Your deeds" — at the sea. "as Your strength" — at the streams of Arnon. (Ibid. 25) "Let me pass over na and see"." "Na" is a term of imploration. "the good land across the Jordan": As per R. Yehudah: The land of Canaan is "good," and not the inheritance of the children of Reuven and the children of Gad. "this good mountain": Jerusalem. "and the Levanon": the Temple, viz. (Zechariah 11:1) "Open your doors, O Levanon!" and (Isaiah 10:34) "And the Levanon shall fall by a mighty one (Nevuchadnezzar)." Others say: "Levanon" — these are its (Israel's) kings, as in (Ezekiel 17:3) "He came to the Levanon and he took its kings," and (II Chronicles 25:18) "The thistle (i.e., the king) etc."