And it is written: “Moses brought their case” (Numbers 27:5) – some say that He concealed it from Moses, as there are righteous ones who became haughty regarding the matter of a mitzva and the Holy One blessed be He weakened their ability. You find that David said: “Your statutes were songs to me” (Psalms 119:54), saying that they were easy and routine like songs. The Holy One blessed be He said to him: ‘As you live, you will ultimately err regarding a matter that children read.’
When he took up the Ark, he erred and placed it on a wagon, as it is stated: “They mounted the Ark of God onto a new wagon” (II Samuel 6:3). The Ark suspended itself in the air, and the cows moved from beneath it. Uza approached to support it. “God smote him there for the error” (II Samuel 6:7), as a mistake in studying the Torah is considered intentional.14A mistake in studying is considered intentional since it often indicates an insufficient effort to master the material (see Rashi and Rabbeinu Yona on Mishna Avot 4:13).
“David was distressed because the Lord had inflicted a breach against Uza” (II Samuel 6:8) – the Holy One blessed be He said to him: ‘Did you not say: “Your statutes were songs to me”? Did you not learn: “But to the sons of Kehat he did not give, because the sacred service is upon them; they shall bear on the shoulder”’ (Numbers 7:9). He began contemplating: “The Lord our God breached against us, because we did not seek Him in accordance with the ordinance” (I Chronicles 15:13).
“Tzelofḥad’s daughters speak correctly; you shall give them a holding for inheritance among their father’s brothers, and you shall pass the inheritance of their father to them” (Numbers 27:7) Likewise Moses, because he said: “The matter that is too difficult for you, you shall bring to me, and I will hear it” (Deuteronomy 1:17). He weakened his ability. This is analogous to a moneychanger who said to his disciple: ‘If sela coins come to you for changing, change them.
If gems come, bring them to me.’ A glass necklace came to him; he took it to his master. His master went to show it to another. So too, Moses said: “The matter that is too difficult for you…” Tzelofḥad’s daughters came, and He concealed it from him: “Moses brought their case before the Lord” (Numbers 27:5).
“Tzelofḥad’s daughters speak correctly” – that is the law. The Holy One blessed be He said to him: ‘Did you not say: “The matter that is too difficult for you…”? The law that you do not know, women are ruling [about] it.’ Another matter: “Moses brought…[before]…” – Reish Lakish said: Moses our teacher knew this law; however, initially they came before the leaders of tens.
They said: ‘This is a law on inheritances. It is not for us, but rather for those greater than we are.’ They came before the leaders of fifties. They saw that the leaders of tens had deferred to them.
The leaders of fifties said: We too have those greater than we are; and likewise to the leaders of hundreds, and likewise to the leaders of thousands, and likewise to the princes. They all answered them in that manner, as they did not wish to speak before one who is greater than they are. They went before Elazar. He said to them: ‘Here is Moses our teacher.’
These and those came before Moses. Moses saw that each and every one of them had deferred to one who was greater than he was. He said: If I tell them the law, I will appropriate all this greatness. He said to them: ‘I too have One who is greater than I am.’
That is why “Moses brought their case…” (Numbers 27:5). The Holy One blessed be He answered him: “Tzelofḥad’s daughters speak correctly” – the Holy One blessed be He acknowledged the accuracy of their claim. “You shall give [naton titen] them” – give them movable property and the birthright of the father in Ḥefer’s property. They received three portions: The portion of their father, who was of those who departed Egypt, his portion with his brother’s in Ḥefer’s property, as he was the firstborn and took two portions.15Using the doubled phrase “naton titen” rather than simply using “titen” implies that they received more than one portion.
Another matter: “You shall give [naton titen] them” – they had received east of the Jordan, but approached Joshua and Elazar in the land of Canaan, as it is stated: “They approached before Elazar the priest, before Joshua [son of Nun], and before the princes, saying: The Lord commanded Moses [to give us an inheritance among our brethren] (Joshua 17:4). Jacob our patriarch, too, saw that they would receive from here: “Daughters walked atop the wall” (Genesis 49:22) – this is the Jordan, which became like a wall for Moses, as he was not to enter the land.
He was saying to Joseph: ‘Your daughters will receive from here and from there.’16They would receive an inheritance on both sides of the Jordan. “You shall pass the inheritance of their father to them” – regarding the inheritance of a son,17This refers to a male relative in general, for example, a brother (Numbers 27:9). “you shall give” is stated; regarding a daughter, “you shall pass,” as the daughter causes the inheritance to pass from tribe to tribe.18If a woman marries a man from a different tribe, her inheritance belongs to her husband.
“It shall be for the children of Israel a statute of justice” (Numbers 27:11) – inheritances are released by means of judges.