The women realized that their portion of the holy land was about to be given away. "Why don't we inherit our father, if he had no sons?" The women decided to pursue their cause to ensure a portion in the lands of the Tribe of Manesseh. They could lead an open rebellion, even take up arms, or they could raise their voices. They had witnessed rebellions in the desert, and they thought better to engage with lawfare and respect for legal authority.
How would they bring their case before the leadership? Would they complain like the men and tribal leaders who stoked tension and riots among the tribes? Instead, they came out of the shadows (that's why the first part of their father's name is TZEL/צל shadow), and took the opportunity to raise a Jewish legal question.
This was both a pursuit of truth and a demonstration of loyalty to: God, Moses, Miriam and Aaron. Without violent protest or raising a rebellion like Korah's, they approached the leadership for clarification and a legal decision. Moses took it to God, and after deliberations with the Divine and tribal leaders (to collapse the two sections of the story into one), the ruling was made: the daughters could inherit the land and, by law, they must marry within the tribe of Manasseh, to secure their and their tribe's portion. Moses' final decision was law crafted in the context of individual complaints and community needs; a way forward was forged that protected both the women and their tribe. This highlights the individual and the community needs in Jewish legal jurisprudence.
We also read that Moses turned to God to seek the answer and clarify the legal situation. One way of seeing such passages is to imagine Moses going up to the court on high and receiving instruction from the transcendent God of the Universe and Lawgiver to the Jewish People. Another way is to deepen our theological approach to understand Moses as turning to the Torah and other judges of his time, the elohim, to create a holy Torah, which means instruction, which becomes the Adonai of the Jewish People - the Master Codifier and Commander of the Jewish People. When Moses retreats to his inner chambers and further clarifies and refines the law, in the name of Adonai, we are given a window into the inner life of Moses the civil servant prophet-judge who earned his authority both vertically, from God, and horizontally, from the people.
If Moses was after absolute power, he would have ruled by himself, to concentrate power, without turning to God - either God on High or what was known as Godly - the process-oriented Jewish legal authorities who served with him. With humility and mindful of God's authortiy, the authority of the Jewish legal process, Moses accepted the question of the daughters and deliberated with both God and the tribal leaders, as well as the women, to come to an ultimate decision and further legislation. The Torah strives to teach in this section of the scroll: authoritarians have no place in the Jewish legal system. Authority, though, is essential.
Authoritarianism is not authority. Authoritarianism is about power. Authoritarianism serves the few or the one who decides to brutalize through despotic so-called law and dominate his subjects. In our parsha, the Torah teaches the systems approach to developing our law in partnership among God, decisors and judges, and the Jewish People - men and women - with due deference to Higher Authority.
Authoritarianism is aimed at reducing freedom by imposing conformity and restricting development of the law in the communal context. The Daughters of Tzelofahad teach us an important lesson - raising questions does indeed expand the rights and privileges of members of society who have not been written into the law. And, certain limitations, such as the one on their marriage arrangements, may be instituted for the benefit of the community despite what an individual woman might think about her right to marry.
The communitarian values within Jewish tradition are highlighted by this outcome of Tzelofahad's daughters very worthy and interesting case.
Read the text and discuss the boldness of the daughters. Also talk about what it means for them to accept the ruling of Moses, after the tribal leaders of the Tribe of Manasseh come to refine the ruling. Why do the daughters point out that their father was not part of Korah's rebellion?
(1) The family heads in the clan of the descendants of Gilead son of Machir son of Manasseh, one of the Josephite clans, came forward and appealed to Moses and the chieftains, family heads of the Israelites. (2) They said, “The LORD commanded my lord to assign the land to the Israelites as shares by lot, and my lord was further commanded by the LORD to assign the share of our kinsman Zelophehad to his daughters. (3) Now, if they marry persons from another Israelite tribe, their share will be cut off from our ancestral portion and be added to the portion of the tribe into which they marry; thus our allotted portion will be diminished. (4) And even when the Israelites observe the jubilee, their share will be added to that of the tribe into which they marry, and their share will be cut off from the ancestral portion of our tribe.” (5) So Moses, at the LORD’s bidding, instructed the Israelites, saying: “The plea of the Josephite tribe is just. (6) This is what the LORD has commanded concerning the daughters of Zelophehad: They may marry anyone they wish, provided they marry into a clan of their father’s tribe. (7) No inheritance of the Israelites may pass over from one tribe to another, but the Israelites must remain bound each to the ancestral portion of his tribe. (8) Every daughter among the Israelite tribes who inherits a share must marry someone from a clan of her father’s tribe, in order that every Israelite may keep his ancestral share. (9) Thus no inheritance shall pass over from one tribe to another, but the Israelite tribes shall remain bound each to its portion.” (10) The daughters of Zelophehad did as the LORD had commanded Moses: (11) Mahlah, Tirzah, Hoglah, Milcah, and Noah, Zelophehad’s daughters, were married to sons of their uncles.
What are the concerns Jewish tradition has with a King? Put it in the context of authoritarianism versus authority. Could we have a monarch who is an authority and not despotic? Is it possible given human nature?
Given the story of the Daughters of Tzelofahad: How is Moses like a king? How does Moses remain a humble servant of God?
Discuss the following quote:
Nearly all men can stand adversity, but if you want to test a man's character, give him power.
Abraham Lincoln
What does Lincoln mean?
NOW CONSIDER THE FOLLOWING PASSAGE FROM AN ACADEMIC STUDY ABOUT AUTHORITARIANISM.
WHO IS TO BLAME FOR AUTHORITARIAN LEADERSHIP ACCORDING TO THIS PASSAGE?
We shall probably always have individuals lurking among us who yearn to play tyrant. Some of them will be dumber than two bags of broken hammers, and some will be very bright. Many will start so far down in society that they have little chance of amassing power; others will have easy access to money and influence all their lives. On the national scene some will be frustrated by prosperity, internal tranquility, and international peace--all of which significantly dim the prospects for a demagogue -in-waiting. Others will benefit from historical crises that automatically drop increased power into a leader’s lap. But ultimately, in a democracy, a wannabe tyrant is just a comical figure on a soapbox unless a huge wave of supporters lifts him to high office. That’s how Adolf Hitler destroyed the Weimar Republic and became the Fuhrer. So we need to understand the people out there doing the wave. Ultimately the problem lay in the followers.
Bob Altemeyer, The Authoritarians, p. 14
(he has made his entire book available online)
https://theauthoritarians.org/Downloads/TheAuthoritarians.pdf
What are other important lessons that we learn from the Daughters of Tzlofahad? What can individuals learn about finding and lifting their voices? What communitarian lessons do we learn from the women, as well?