Mention is made of the case of these daughters of Zelophehad in the chapter before, Num. 26:33. It should seem, by the particular notice taken of it, that it was a singular case, and that the like did not at this time occur in all Israel, that the head of a family had no sons, but daughters only. Their case is again debated (Num. 36:1-13) upon another article of it; and, according to the judgments given in their case, we find them put in possession, Josh. 17:3; 4. One would suppose that their personal character was such as added weight to their case, and caused it to be so often taken notice of.
Here is, I. Their case stated by themselves, and their petition upon it presented to the highest court of judicature, which consisted of Moses as king, the princes as lords, and the congregation, or elders of the people who were chose their representatives, as the commons, Num. 27:2. This august assembly sat near the door of the tabernacle, that in difficult cases they might consult the oracle. To them these young ladies made their application; for it is the duty of magistrates to defend the fatherless, Ps. 82:3. We find not that the had any advocate to speak for them, but they managed their own cause ingeniously enough, which they could do the better because it was plain and honest, and spoke for itself. Now observe,
1. What it is they petition for: That they might have a possession in the land of Canaan, among the brethren of their father, Num. 27:4. What God had said to Moses (Num. 26:53) he had faithfully made known to the people, that the land of Canaan was to be divided among those that were now numbered; these daughters knew that they were not numbered, and therefore by this rule must expect no inheritance, and the family of their father must be looked upon as extinct, and written childless, though he had all these daughters: this they thought hard, and therefore prayed to be admitted heirs to their father, and to have an inheritance in his right. If they had had a brother, they would not have applied to Moses (as one did to Christ, Luke 12:13) for an order to inherit with him. But, having no brother, they beg for a possession. Herein they discovered, (1.) A strong faith in the power and promise of God concerning the giving of the land of Canaan to Israel. Though it was yet unconquered, untouched, and in the full possession of the natives, yet they petition for their share in it as if it were all their own already. See Ps. 60:6; 7, God has spoken in his holiness, and the Gilead is mine, Manasseh is mane. (2.) An earnest desire of a place and name in the land of promise, which was a type of heaven; and if they had, as some think, an eye to that, and by this claim laid hold on eternal life, they were five wise virgins indeed; and their example should quicken us with all possible diligence to make sure our title to the heavenly inheritance, in the disposal of which, by the covenant of grace, no difference is made between male and female, Gal. 3:28. (3.) A true respect and honour for their father, whose name was dear and precious to them now that he was gone, and they were therefore solicitous that it should not be done away from among his family. There is a debt which children owe to the memory of their parents, required by the fifth commandment: Honour thy father and mother.
2. What their plea is: That their father did not die under any attainder which might be thought to have corrupted his blood and forfeited his estate, but he died in his own sin (Num. 27:3), not engaged in any mutiny or rebellion against Moses, particularly not in that of Korah and his company, nor in any way concerned in the sins of others, but chargeable only with the common iniquities of mankind, for which to his own Master he was to stand or fall, but laid not himself open to any judicial process before Moses and the princes. He was never convicted of any thing that might be a bar to his children’s claim. It is a comfort to parents, when they come to die, if, though they smart themselves for their own sin, yet they are not conscious to themselves of any of those iniquities which God visits upon the children.
II. Their case determined by the divine oracle. Moses did not presume to give judgment himself, because, though their pretensions seemed just and reasonable, yet his express orders were to divide the land among those that were numbered, who were the males only; he therefore brings their cause before the Lord, and waits for his decision (Num. 27:5), and God himself gives the judgment upon it. He takes cognizance of the affairs, not only of nations, but of private families, and orders them in judgment, according to the counsel of his own will. 1. The petition is granted (Num. 27:7): They speak right, give them a possession. Those that seek an inheritance in the land of promise shall have what they seek, and other things shall be added to them. These are claims which God will countenance and crown. 2. The point is settled for all future occasions. These daughters of Zelophehad consulted, not only their own comfort and the credit of their family, but the honour and happiness of their sex likewise; for on this particular occasion a general law was made that, in case a man had no son, his estate should go to his daughters (Num. 27:8); not to the eldest, as the eldest son, but to them all in copartnership, share and share alike. Those that in such a case deprive their daughters of their right, purely to keep up the name of their family, unless a valuable consideration be allowed them, may make the entail of their lands surer than the entail of a blessing with them. Further directions are given for the disposal of inheritances, Num. 27:9-11. “If a man have no issue at all, his estate shall go to his brethren; if no brethren, then to his father’s brethren; and, if there be no such, then to his next kinsman.” With this the rules of our law exactly agree: and though the Jewish doctors here will have it understood that if a man have no children his estate shall go to his father, if living, before his brethren, yet there is nothing of that in the law, and our common law has an express rule against it, That an estate cannot ascend lineally; so that if a person purchase lands in fee-simple, and die without issue in the life-time of his father, his father cannot be his heir. See how God makes heirs, and in his disposal we must acquiesce.
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