Num 27:1-7 Then drew near the daughters of Zelophehad the son of Hepher, son of Gilead, son of Machir, son of Manasseh, from the clans of Manasseh the son of Joseph. The names of his daughters were: Mahlah, Noah, Hoglah, Milcah, and Tirzah. And they stood before Moses and before Eleazar the priest and before the chiefs and all the congregation, at the entrance of the tent of meeting, saying, “Our father died in the wilderness. He was not among the company of those who gathered themselves together against the LORD in the company of Korah, but died for his own sin. And he had no sons. Why should the name of our father be taken away from his clan because he had no son? Give to us a possession among our father’s brothers.” Moses brought their case before the LORD. And the LORD said to Moses, “The daughters of Zelophehad are right. You shall give them possession of an inheritance among their father’s brothers and transfer the inheritance of their father to them.
In the orders for the division of the land, just given, no provision had been made for females, in case of failure of male issue. The five daughters of Zelophehad, therefore, considered themselves as destitute, having neither father nor brother, and being themselves entirely overlooked; and they agreed to refer the case to Moses and the rulers, whether it were not equitable that they should inherit their father’s portion. This led to the enactment of an additional law to the civil code of Israel, which satisfactorily ascertained and amply secured the right of succession in cases of inheritance. This law, which is as reasonable as it is just, stands thus –
1. On the demise of the father, the estate descends 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 grand uncles, or brothers of his father.
5. If there be no grand uncles, then the nearest of kin succeeds to the inheritance.
Beyond this fifth degree the law does not extend, because there must always have been some among the Israelites who could be called kinsmen.
“For it was a hard case; and though their plea seemed reasonable, yet Moses showed his humility and modesty, that he would not determine it himself without God’s particular direction.” (Poole)
“Allowing daughters to inherit, where there were no sons in the family, created another problem though. When they married, they would take the family land with them, thus destroying the father’s estate. To deal with this, Numbers 36 brings in additional rules governing the marriage of heiresses.” (Wenham)
These laws were made in anticipation – in faith – of coming into the inheritance of land in Canaan. This was only an issue for the daughters of Zelophehad because they were women of faith, who really believed Israel would possess the land of Canaan. (Guzik)
