By Rebbetzin Lauren Levin
This week, in Parshat Pinchas, we read the extraordinary episode of ‘the daughters of Tzelophechad’. A man by the name of Tzelophechad had died, leaving five daughters and no sons. As Moses was dividing out the portions of land that would be destined for B’nei Yisrael in the land of Israel, the five young women approached him. They complained that if only men inherit, their family would not receive a piece of land and thereby their father’s family name will not be continued. G-d explained to Moses that indeed where there are no sons, the daughters should be the inheritors.
The passage is a fascinating one, especially when compared with its historical context. This is corroborated by a Midrash on the episode. One technique used in Midrashic literature is filling in conversations that we are only told part of in the Torah. Here the Midrash expands upon the conversation between the daughters of Tzelophechad and Moses.
Daughters: Give us a portion of the land along with our father’s brothers.
Moses: It is impossible for a daughter to inherit.
Daughters: Why?
Moses: You are women.
Daughters: Then let our mother enter into yibbum (levirate marriage—as is the law with the wife of a person who died “without seed”) and conceive an inheritor that way.
Moses: Impossible. Once there are children, yibbum is not possible.
Daughters: You are contradicting yourself, Moses. Either we are not “seed” and the obligation of yibbum applies to our mother, or we are “seed” and can inherit the land ourselves.
In that moment they convinced Moses. When he heard the justice of their complaint, he immediately presented their case before G-d. (Yalkut Shimoni, Pinchas 27)
Why did the sages ‘extend’ this conversation? What were they trying to show?
There are two things that are plain to see from the Midrash’s version of the conversation. Firstly, Moses responded negatively to their request twice, but nevertheless they persisted and on the third occasion he heard “the justice of their complaint”. Secondly, they are portrayed in the conversation as not just presenting their complaint, but arguing strategically and skilfully for their case to be heard. The Sages went to great lengths to ensure that we do not brush off the story as being a simple request and response situation. These five young women had to go through a tremendous amount in order for their case to be heard, and they persisted. The skill of their argument is demonstrative of their wisdom and spontaneous thinking.
Perhaps this hints to us why this law was not clear from the outset and had to be initiated by their particular circumstance. At a micro level, G-d wanted it to be brought to the fore through these righteous women as a reward for their efforts. On a more global level, there is an overarching message. In the same way the daughters of Tzelophechad are presented as great heroines in the way they thought things through, persisted and so respected their family ancestry, G-d may put us through many trying experiences. The quest is about navigating ourselves out: with cunning, persistence, and drawing strength and inspiration from our heritage.