פרשת מטות - מסעי תשי"ח - ירושת הבת

and they said: ‘The LORD commanded my lord to give the land for inheritance by lot to the children of Israel; and my lord was commanded by the LORD to give the inheritance of Zelophehad our brother unto his daughters.

ונוסף על נחלת המטה AND IF THEY BECOME WIVES TO ANY SONS OF THE OTHER TRIBES … THEN WILL THEIR INHERITANCE] BE ADDED TO THE INHERITANCE OF THE TRIBE [WHEREUNTO THEY SHALL BELONG] — for her son will be her heir and the son reckons his pedigree after his father’s tribe.

ואם יהיה היבל may mean AND IF THERE WILL BE THE JUBILEE — From this R. Judah said: The observance of the Jubilee will cease at some time or other (Sifra, Vayikra Dibbura d'Nedavah, Section 13 1 on Leviticus 2:14).

ואם יהיה היבל may mean, too: AND WHEN THERE WILL BE THE JUBILEE [THEN WILL THEIR INHERITANCE BE ADDED TO THE INHERITANCE OF THE TRIBE TO WHICH THEY SHALL BELONG] — meaning: This is no sale of land so that it returns to the original owner at the Jubilee, for a heritage never returns. Therefore even when the Jubilee will be, the inheritance will not return to its tribe, and it will follow that it will be added על נחלת המטה אשר תהיינה להם TO THE INHERITANCE OF THE TRIBE TO WHICH THEY SHALL BELONG.

ואם יהיה היבל may mean AND IF THERE WILL BE THE JUBILEE — From this R. Judah said: The observance of the Jubilee will cease at some time or other (Sifra, Vayikra Dibbura d'Nedavah, Section 13 1 on Leviticus 2:14).

And when the jubilee of the children of Israel shall be, then will their inheritance be added unto the inheritance of the tribe whereunto they shall belong; so will their inheritance be taken away from the inheritance of the tribe of our fathers.’

And every daughter, that possesseth an inheritance in any tribe of the children of Israel, shall be wife unto one of the family of the tribe of her father, that the children of Israel may possess every man the inheritance of his fathers.

This is the thing which the LORD hath commanded concerning the daughters of Zelophehad, saying: Let them be married to whom they think best; only into the family of the tribe of their father shall they be married.

Rabba raised an objection from a baraita taught concerning the prohibition against eating consecrated foods while in a state of ritual impurity. Moses was commanded: “Say to them: Whoever will be of all your descendants throughout your generations, who approaches to the holy things, which the children of Israel consecrate to the Lord, having his uncleanness upon him, that soul shall be cut off from before Me” (Leviticus 22:3). Which people are referred to in the phrase “say to them”? It is referring to those standing at Mount Sinai. Which people are referred to in the phrase “throughout your generations”? These are the coming generations. If the halakha is stated to the fathers, why is it stated to the sons; and if the halakha is stated to the sons, why is it stated to the fathers? This is because there are mitzvot for the fathers that are not for the sons, and there are mitzvot for the sons that are not for the fathers. The baraita continues: For the fathers, the verse states: “And every daughter who possesses an inheritance from the tribes of the children of Israel, shall be wife to one of the family of the tribe of her father” (Numbers 36:8). This mitzva, that the woman should marry a member of her own tribe, applied only to the first generation that received tribal portions of Eretz Yisrael. And, by contrast, there were many mitzvot, e.g., all the mitzvot that applied only from the time that Eretz Yisrael was settled, which the sons were commanded to fulfill but which the fathers were not commanded to fulfill. Because there are mitzvot for the fathers that are not for the sons, and there are mitzvot for the sons that are not for the fathers, the verse needed to state, i.e., to address, the fathers, and it needed to state, i.e., to address, the sons.