Legal advice, concerning the inheritance rights and obligations of the daughters of Zelophehad, is given twice in the Biblical account. On the first occasion, the topic is about inheritance when there are no male children, while the topic of the second occasion is
levirate marriage, and property inheritance remaining within a clan (not the tribe). The daughters are mentioned a third time, in the
Book of Joshua, where they are simply portrayed as being given land in the territory of Manasseh, to which their inheritance entitled them; the text is unclear in regards to which part of Manasseh's territory they were granted land, except that it was not in
Gilead.
Inheritance when there are no male children , 1860,
Joshua, Chapter 14 In the Biblical account, earlier regulations had specified that
property was to be inherited by heirs who were male, but the daughters were the only children of their now deceased father, and so they came to the door of the
Tent of Meeting and asked
Moses,
Eleazer, the
tribal chieftains, and the rest of the
congregation, for advice on what was to be done, as there were no obvious male heirs; in the
Talmud, opinions vary as to whether this means that the daughters petitioned all of these groups at the same time, with them gathered together, or if it means that the daughters first petitioned the
congregation, then the chieftains, then Eleazar, and finally petitioned Moses. The biblical text states that Moses asked
Hashem to rule on the issue; the Zohar argues that Moses had presented the case to Hashem, rather than deciding it himself, because Moses was modest.
Maimonides, and other rabbinical commentators, extrapolated this into the conclusion that, if they exist, then sons and their descendants are the heirs of an individual, but if they do not it would be any daughters or their descendants, and if these do not exist then it would be the individual's father, and if he is no longer alive then the rule concerning heirs applies to him - the father's sons (the individual's brothers) and their descendants have priority, followed by the father's daughters (the individual's sisters), followed by the father's father (the individual's grandfather), and so on. However, although this was how the
Pharisees saw the biblical implication, the
Sadducees argued that if there were only female descendants of an individual's sons, and the sons themselves were dead, then the individual's daughters had the right to inherit. that Job's daughters were given equal inheritance rights to his sons, by this legal mechanism, the daughter would either gain a share in her father's estate, or a sum of money equal to its value.
Endogamous and exogamous inheritance Later in the narrative of the Book of Numbers, the elders of the
clan of Gilead petitioned Moses and the tribal chieftains for advice, because they were concerned that if Zelophehad's daughters married men from another
Israelite tribe, the property that the daughters had inherited the right to would become the property of the other tribe, and would be lost from the
tribe of Manasseh, to which Zelophehad had belonged. The narrative continues by stating that Hashem gave Moses a response to give to the elders, namely that the daughters must each marry someone from the Gilead clan, but they are otherwise unrestricted in their choice; the narrative also states that the general case was to be applied - that inheritances cannot pass between tribes, but instead any female that inherits land is compelled to marry someone from the same clan as her father. The narrative's coda mentions that the daughters each marry one of the sons of their uncles; the
gemara states that the daughters had demonstrated their righteousness in doing so, as these men were fitting for them, and had not married earlier as they were waiting for suitable husbands.
Rabbah argued that the rule only applied to the period that
Canaan had been divided between the tribes, and had therefore become redundant, especially as the laws concerning the territory were in abeyance anyway, owing to the destruction of
the Temple. Thus in all forms of Judaism following the
Oral Law, women are allowed to marry whom they wish, including
exogamously, whether they have gained an inheritance or not. ==See also==