Parashat Masei, Numbers 33:1-36:13, Rosh Chodesh Av

There are times when personal concerns have a far-reaching impact.

As Yogi Berra said, "It's déjà vu all over again." Didn't we just deal with the issues raised by the daughters of Zelophehad a couple of weeks ago? Weren't we told by the head honcho – aka God Almighty – that the plea of Zelophehad's daughters is just (Numbers 27:7)?

Yet, here we are at the very end of the book of Numbers, after this issue has been resolved, and there's a problem: 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. 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. 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. 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." (Numbers 36:1-4)

This appears to be an early example of the "law of unintended consequences." That is, something deemed as positive can have unforeseen results. For example, England has had a no-smoking policy in pubs for just over a year. Among the consequences have been a drop in business for dry cleaners and increased demand for chefs in pubs. Of greater significance is the recent concern that the drive towards biofuels, meant to alleviate global warming, could inadvertently lead to famine in many parts of the world.

A significant example of unintended consequences was spotlighted by the New York Times a few weeks ago. The birth rate in Europe has plummeted. Why?

Accompanying the spectacular transformation of modern society since the 1960s — notably the changing role of women, with greater opportunities for education and employment, the advent of modern birth control and a new ability to tailor a lifestyle — has been a tension between forces that, in many places, have not been reconciled. That tension is perfectly apparent, of course. Ask any working mother. But some societies have done a better job than others of reconciling the conflicting forces. In Europe, many countries with greater gender equality have a greater social commitment to day care and other institutional support for working women, which gives those women the possibility of having second or third children.

Russell Shorto, No Babies?, New York Times Magazine, June 29, 2008

According to the article, the greatest challenge is within countries that accept modernity up to a certain point but maintain a strong traditional family system. In such a situation, women may be free to get an education, but they are still expected to be the stay-at-home mom, with little additional support. Researchers found this to be true in countries such as Italy and Greece, as well as in Asian countries. South Korea was found to have the lowest birth rate of all.

… By this logic, the worst sort of system is one that partly buys into the modern world — expanding educational and employment opportunities for women — but keeps its traditional mind-set. … The lesson of southern Europe is perhaps operative: embrace the modern only partway and you put your society — women in particular — in a vise. Something has to give, and that turns out to be the future.

Russell Shorto, No Babies?, New York Times Magazine, June 29, 2008

What does all this have to do with the daughters of Zelophehad? Both examples, European birth rates and biblical inheritance, are cases of personal concerns that have communal ramifications, some of which are unforeseen and unintended. It's not enough to educate your daughters. If society does not support the changes that come with education, society suffers.

It's not enough to say the daughters of Zelophehad have a just cause. Their just cause has repercussions for the entire social structure as is evident in Parashat Masei, where equally valid social concerns are raised by their kinsmen: So Moses, at the Lord's bidding, instructed the Israelites, saying: "The plea of the Josephite tribe is just. 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. 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. 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. Thus no inheritance shall pass over from one tribe to another, but the Israelite tribes shall remain bound each to its portion." Numbers 36:5-9

Once Israel settled the land, we find out that the daughters of Zelophehad in accordance with the Lord's instructions were granted a portion among their father's kinsmen. (Joshua 17:4) It can be argued that this is the biblical equivalent of those countries with one foot in modernity and the other in traditionalism. Something was given to the daughters of Zelophehad, but there are so many restrictions that it is meaningless. Scholars point out that the land granted to these women remained theirs and was not transferred to their husbands. In fact, there are ostraca (pottery shards with writing) dating to the 8th century BCE that contain the names of two of the daughters, Hoglah and Noah, as place names. The names of all five sisters are associated with place names in ancient Israel, thus making a further connection between these woman and property. Jacob Milgrom notes that other ancient societies had laws of inheritance dealing with women. So this particular law as stated in Numbers 27 and amended in Numbers 36 brings the people of Israel into a contemporaneous setting.

Regarding the challenge raised by Zelophehad's daughters the Talmud teaches that "The section relating to the laws of inheritance was intended to have been written at the instance of Moses our Teacher. The daughters of Zelophehad, however, were found worthy to have the section recorded on their account." (Sanhedrin 8a, Soncino translation) There are times when personal concerns have a far-reaching impact. This one reverberated all the way to the heavens.

This last portion of the book of Numbers is called Masei, which means "marches." What a journey it has been! Numbers began with a census for military purposes dealing strictly with the men of the various tribes. It ends thirty-eight years later by naming women and addressing their situation. It is short-sighted of us to view this episode of Zelophehad's daughters as giving with one hand and taking with the other. Rather, we have here a concern for the welfare of both the individual and the society that is enacted at the highest level.

This concern is seen elsewhere in Parashat Masei, specifically in chapter 35, which deals with the cities of refuge. Six cities are set aside where a person who has accidentally killed another can seek refuge from an avenging family member. The individual is thus protected from vigilante justice, the law is upheld, and society is strengthened. Two problems affecting individuals and community, two creative solutions: cities of refuge and women's inheritance. Both are forward looking.

What makes the story of Zelophehad's daughters unique is that their situation brought about a change in the brit (covenant). This is a powerful message for liberal Jews who feel caught between tradition and modernity. It is also a point worth contemplating this Rosh Chodesh Av, the season when we recall the destruction of both Temples. What our ancestors couldn't foresee is that these catastrophic events did not end Judaism; they shaped it. Masei teaches us to look ahead, be open, and realize that Judaism can benefit from what the future holds.

Shabbat shalom,
MS