במדבר, פרק ל״ו, פסוק ד׳

פרשת מסעי

Numbers 36:4Sefaria

וְאִם־יִהְיֶ֣ה הַיֹּבֵל֮ לִבְנֵ֣י יִשְׂרָאֵל֒ וְנֽוֹסְפָה֙ נַחֲלָתָ֔ן עַ֚ל נַחֲלַ֣ת הַמַּטֶּ֔ה אֲשֶׁ֥ר תִּהְיֶ֖ינָה לָהֶ֑ם וּמִֽנַּחֲלַת֙ מַטֵּ֣ה אֲבֹתֵ֔ינוּ יִגָּרַ֖ע נַחֲלָתָֽן׃

The leaders of the tribe of Manasseh express a deep concern for the integrity of their tribal borders and the preservation of the boundaries established by God. Their fear centers on the prospect of the daughters of Zelophehad marrying men from other tribes. If this happens, the inherited land will permanently transfer to the husbands' tribes, disrupting the carefully maintained balance of the Land's division. This concern touches upon a fundamental principle: the original division of the land was based on the generation that left Egypt, making the preservation of ancestral estates a cornerstone of their society [רש ר הירש]. A subtle linguistic nuance in the narrative hints at the profound sense of reduction and loss the tribe experiences when female inheritance results in a deficit of male ancestral land [שפתי כהן].

Beyond the simple economic loss, this permanent transfer creates serious practical issues. If a portion of the tribe's designated land legally belongs to members of another tribe, the original tribesmen will lose the motivation to fight the Canaanites for that specific territory, leading to a physical deficit in their borders [ספורנו]. Furthermore, there is a deep reputational fear. The deceased father's name would be erased from his estate. There is also a risk that future generations might mistakenly assume the family was forced to sell their fields out of crushing poverty, a condition often viewed as a spiritual flaw and a punishment for sin.

The ultimate test of this land transfer revolves around the Jubilee year. The very concept of the Jubilee represents a continuous cycle of return and restoration, much like a flowing stream or the earth yielding its crops. It is designed to restore physical and spiritual order by returning ancestral lands to their original owners [אם למקרא]. Yet, the leaders express a striking sense of uncertainty regarding the Jubilee's ability to solve their crisis. The primary approach among commentators is that this uncertainty is rhetorical, emphasizing that even when the Jubilee arrives, the land will not return to them. The Jubilee only reclaims land that was sold, not land transferred through inheritance. Because a husband legally inherits from his wife according to Torah law, the estate becomes the absolute and permanent property of his tribe.

Interestingly, some commentators view this expression of uncertainty quite literally. They suggest the apprehension stems from the tragic reality that the Jubilee would eventually cease during times of destruction and exile [שפתי חכמים, משכיל לדוד], or that its observance depends entirely on the spiritual state and sins of the Israelites [גור אריה]. Others propose it reflects a personal fear among the leaders that they simply might not live long enough to witness the Jubilee year themselves [שפתי כהן].

Regardless of the nature of this uncertainty, the Jubilee's eventual arrival would actually solve one part of the family's problem. When the public sees that the land does not return during the Jubilee, they will realize it was legally inherited rather than sold out of desperation, thereby clearing the family of any social stigma. However, the tragedy of the father's name being erased from his land remains unresolved [כלי יקר]. Ultimately, the fact that this portion of land would permanently remain with another tribe even after the Jubilee damages the holistic holiness of the Jubilee year itself, as the grand restoration of the land is left incomplete [העמק דבר].

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