Zelophehad's daughters and Who's a Jew

(1) The daughters of Zelophehad, of Manassite family—son of Hepher son of Gilead son of Machir son of Manasseh son of Joseph—came forward. The names of the daughters were Mahlah, Noah, Hoglah, Milcah, and Tirzah. (2) They stood before Moses, Eleazar the priest, the chieftains, and the whole assembly, at the entrance of the Tent of Meeting, and they said, (3) “Our father died in the wilderness. He was not one of the faction, Korah’s faction, which banded together against the LORD, but died for his own sin; and he has left no sons. (4) Let not our father’s name be lost to his clan just because he had no son! Give us a holding among our father’s kinsmen!” (5) Moses brought their case before the LORD. (6) And the LORD said to Moses, (7) “The plea of Zelophehad’s daughters is just: you should give them a hereditary holding among their father’s kinsmen; transfer their father’s share to them. (8) “Further, speak to the Israelite people as follows: ‘If a man dies without leaving a son, you shall transfer his property to his daughter. (9) If he has no daughter, you shall assign his property to his brothers. (10) If he has no brothers, you shall assign his property to his father’s brothers. (11) If his father had no brothers, you shall assign his property to his nearest relative in his own clan, and he shall inherit it.’ This shall be the law of procedure for the Israelites, in accordance with the LORD’s command to Moses.” (12) The LORD said to Moses, “Ascend these heights of Abarim and view the land that I have given to the Israelite people.

(14) But when Moses’ father-in-law saw how much he had to do for the people, he said, “What is this thing that you are doing to the people? Why do you act alone, while all the people stand about you from morning until evening?” (15) Moses replied to his father-in-law, “It is because the people come to me to inquire of God. (16) When they have a dispute, it comes before me, and I decide between one person and another, and I make known the laws and teachings of God.” (17) But Moses’ father-in-law said to him, “The thing you are doing is not right; (18) you will surely wear yourself out, and these people as well. For the task is too heavy for you; you cannot do it alone. (19) Now listen to me. I will give you counsel, and God be with you! You represent the people before God: you bring the disputes before God, (20) and enjoin upon them the laws and the teachings, and make known to them the way they are to go and the practices they are to follow. (21) You shall also seek out from among all the people capable men who fear God, trustworthy men who spurn ill-gotten gain. Set these over them as chiefs of thousands, hundreds, fifties, and tens, (22) and let them judge the people at all times. Have them bring every major dispute to you, but let them decide every minor dispute themselves. Make it easier for yourself by letting them share the burden with you. (23) If you do this—and God so commands you—you will be able to bear up; and all these people too will go home unwearied.” (24) Moses heeded his father-in-law and did just as he had said. (25) Moses chose capable men out of all Israel, and appointed them heads over the people—chiefs of thousands, hundreds, fifties, and tens;

(6) But there were some men who were unclean by reason of a corpse and could not offer the passover sacrifice on that day. Appearing that same day before Moses and Aaron, (7) those men said to them, “Unclean though we are by reason of a corpse, why must we be debarred from presenting the LORD’s offering at its set time with the rest of the Israelites?” (8) Moses said to them, “Stand by, and let me hear what instructions the LORD gives about you.” (9) And the LORD spoke to Moses, saying: (10) Speak to the Israelite people, saying: When any of you or of your posterity who are defiled by a corpse or are on a long journey would offer a passover sacrifice to the LORD, (11) they shall offer it in the second month, on the fourteenth day of the month, at twilight. They shall eat it with unleavened bread and bitter herbs, (12) and they shall not leave any of it over until morning. They shall not break a bone of it. They shall offer it in strict accord with the law of the passover sacrifice.

(12) There is a principle with regard to the hala-khot of lineage: Any case where there is betrothal, i.e., where the betrothal takes effect, and the marriage involves no transgression by Torah law, the lineage of the offspring follows the male, his father. And in which case is this applicable? For example, this is the case with regard to the daughter of a priest; or the daughter of a Levite; or the daughter of an Israelite, who married a priest, a Levite, or an Israelite. In all these cases the child’s lineage is established by his father’s family. And any case where there is a valid betrothal and yet there is a transgression, the offspring follows the flawed parent. And in which case is this applicable? For example, this is the case of a widow who is married to a High Priest, or a divorced woman or a ḥalutza who is married to a common priest, or a mamzeret or a Gibeonite woman who is married to an Israelite, or an Israelite woman who is married to a mamzer or to a Gibeonite. In these situations the child inherits the status of the blemished parent. And in any case where a woman cannot join in betrothal with a particular man, as the betrothal does not take effect, but she can join in betrothal with others, i.e., the woman is considered a member of the Jewish people and can marry other Jews, in these cases the offspring is a mamzer. And in which case is this applicable? This is one who engages in intercourse with any one of those with whom relations are forbidden that are written in the Torah. And in any case where a woman cannot join in betrothal with him or with others, the offspring is like her. He is not considered his father’s son at all, but has the same status as his mother. And in which case is this applicable? This is the offspring of a Canaanite maidservant or a gentile woman, as her child is a slave or a gentile like her. If he converts, he is not a mamzer.

The Gemara cites a related incident: Rabbi Aḥa, lord of the capital, and Rabbi Tanḥum, son of Rabbi Ḥiyya, the man of Akko village, redeemed those captives who came from Armon to Tiberias. One of them had been impregnated by a gentile, and they came before Rabbi Ami to ask what the offspring’s status would be when born. He said to them that Rabbi Yoḥanan and Rabbi Elazar and Rabbi Ḥanina all say: With regard to a gentile or a slave who engaged in intercourse with a Jewish woman, the offspring is a mamzer. Upon hearing this, Rav Yosef said: Is it so great to enumerate men? The fact that several great Sages held this opinion does not prove that their opinion is the accepted halakha. But there are Rav and Shmuel in Babylonia, and Rabbi Yehoshua ben Levi and bar Kappara in Eretz Yisrael, and some say to remove bar Kappara from this list and insert instead the Elders of the South, who all say: With regard to a gentile or a slave who engaged in intercourse with a Jewish woman, the lineage of the offspring is unflawed, and he or she may marry into the congregation of Israel.